903.07 DRIVEWAY APPROACH; REPAIR; NOTICE; WORK BY CITY.

   (a)    As used in this section, "driveway approach" means an area, construction or facility between the roadway of a public street and private property, intended to provide access for vehicles from the roadway of a public street to private property.

   (b)   When it is deemed necessary by the City to require the construction or repair of driveway approaches within the City by the owners of the lots or lands abutting thereon, Council shall cause plans, specifications and an estimate of the cost of such construction or repair to be prepared and filed in the office of the Clerk of Council. After such plans, specifications and estimates of cost have been filed, Council may declare the necessity for the construction or repair of such driveway approaches by the adoption of a resolution which shall:

      (1)    Approve the plans, specifications and estimate of cost of the proposed construction or repair on file;

      (2)    Describe the lots and lands abutting upon the driveway approaches to be constructed or repaired by the termini of the improvement or by street address;

      (3)    Set forth that such driveway approaches shall be constructed or repaired by the owners of the lots or lands abutting thereon in accordance with the specifications on file in the office of the Clerk of Council;

      (4)    Set forth the time within which such driveway approaches shall be constructed or repaired by the owners of the lots and lands abutting thereon, which shall not be less than thirty days from the date of service of notice under subsection (c) hereof on the owner of the lots or lands;

      (5)    State that in the event such driveway approaches are not constructed or repaired by the owners of the lots and lands abutting thereon in accordance with such plans and specifications and within the time prescribed in the resolution, the City will so construct or repair the same and assess the cost thereof against the lots and lands abutting thereon.

   (c)    Notice of the passage of a resolution of necessity under subsection (b) hereof shall be served by the Clerk of Council upon the owners of the lots or lands abutting upon the driveway approaches, to be constructed or repaired, by certified mail addressed to such owner at his last known address or to the address to which tax bills are sent. If it appears by the return of service or the return of the certified mail notice that one or more of the owners cannot be found, such owners shall be served by publication of the notice once in a newspaper of general circulation within the City Corporation. The return of the person serving the notice or a certified copy thereof or a returned receipt for notice forwarded by certified mail accepted by the addressee or anyone purporting to act for him shall be prima-facie evidence of the service of notice under this section. Such notice shall also set forth the place where the specifications governing the construction or repair of such driveway approaches are on file, the time within which the owner of such lot or parcel of land may construct or repair such driveway approaches, and that in the event such owner does not construct or repair the same in accordance with such specifications and within such time, the City shall construct or repair the same and assess the costs thereof against the lot or land of such owner.

   (d)    Upon the expiration of the time within which driveway approaches shall be con structed or repaired by the owner of the lots or lands abutting thereon, (the approaches not constructed or repaired by such owners shall be constructed or repaired by the City in accordance with subsection (b) hereof) the City shall, upon the completion of such construction or repair, assess the cost thereof against such lots or lands.

(Ord. 215-1976. Passed 10-25-76.)