If a present existing driveway within a public right-of-way does not conform with the requirements of § 91.68 division (J) of this subchapter and the legislative body of the city determines such driveway to be an obstruction to an existing drain or a proposed drain to be constructed by or on behalf of the city, or if the legislative body of the city alters, widens, grades, paves, repaves or repairs a public street or road, within the public right-of-way and an existing driveway, whether it is or is not constructed in conformity with the requirements of § 91.68 division (J) of this subchapter interferes with such altering, widening, grading, paving, repaving or repairing, said legislative body may order the abutting property owner to remove that portion of such driveway which lies within the public right-of-way or to alter, remedy and correct the driveway so as to remove the obstruction from the existing drain, proposed drain or other construction or repairs, all cost of removal or correction to be done and performed at the sole expense of the abutting property owner. In the event that the property owner fails to remove, alter, remedy or correct such driveway, after ten (10) days notice in writing, the legislative body of the city may cause the removal of any portion of such driveway which lies within the public right-of-way. All cost of removal to be at the sole expense of the abutting property owner.
(Ord. 125, passed 5-22-62) Penalty, see § 91.99