Loading...
Wherever any person desires to locate any driveway and there is any structure that, under Section 43-150, would prevent the location of such driveway as desired, the person owning such structure or having the right to so maintain it shall move it as far as may be necessary to permit the desired location of such driveway, if the person desiring to locate the driveway first complies with all of the terms of this article. (Code 1941, Art. 145-3; Ord. 24495)
In the event any poles, structures, or improvements are to be located and installed in or upon any public street in the city or relocated for the convenience or necessity of the person maintaining them, the person desiring to construct, erect, install, or relocate such poles, structures, or improvements shall first submit to the director a sketch or blueprint of the plan of such construction or relocation for approval. The director shall immediately inspect the sketch or blueprint of the plan and, if satisfactory, the director shall approve the plan. Until such approval is given, no work may be done in that connection. If the plan of construction or relocation does not meet with the director’s approval, the director shall return the plan to the person submitting it with any objections. The construction or relocation of all structures, improvements, and poles must be subject to the supervision of the director. (Code 1941, Art. 145-4; Ord. Nos. 22026; 24495)
(a) Any person desiring to locate or open a driveway, the location of which is prevented by reason of any structure described in Section 43-150, and who desires to secure the shifting of the structure so as to permit such location shall, at the time of filing an application for a permit with the building official to construct, locate, or open such drive and prior to locating, constructing, or opening the drive, file a sketch, drawing, or map with the director that shows the location of the proposed drive or other way, the relative location of the structure or structures in the way of the proposed driveway, and the name of the person maintaining the structure obstructing the proposed driveway or preventing its location. The director shall immediately notify the person maintaining the structure on the street, giving the name of the persons desiring the structure or structures moved.
(b) Immediately upon the filing of the drawing, sketch, or map under Subsection (a), the director shall prepare or obtain a statement of the expense or cost of the removal of the structure. The person requesting the relocation of the structure shall pay the cost of relocation. Upon the ascertainment of the estimated cost or expense as found by the director, such person shall deposit the sum of money required with the director, and then the person maintaining the structure shall promptly remove the structure so as not to interfere with the proposed driveway. Upon completing movement of the structure, with all attachments, to the satisfaction of the director, the person moving or relocating the structure is entitled to receive the deposit. (Code 1941, Art. 145-5; Ord. Nos. 22026; 24495)
As soon as the structure interfering with the construction, location, or opening of the proposed driveway has been moved out of the way, the building inspector shall issue a permit authorizing the location, construction, or opening of such way as may be desired upon compliance with all other applicable city ordinances. (Code 1941, Art. 145-6; Ord. 24495)
If either the person maintaining any pole or structure described in Section 43-150 or the person desiring the structure or pole to be moved is dissatisfied with the estimate of the expense made or obtained by the director under this division or as to the location of the pole or structure, either or both of them may appeal from the decision by filing with the city controller a statement of their objections within five days from the date of the director’s findings of the estimated expense or location. (Code 1941, Art. 145-8; Ord. Nos. 22026; 24495)
At the time the person files the sketch seeking the removal of any obstructing structure described in Section 43-150, he shall also pay the building inspector a fee of one dollar, which must be used in defraying the expense of carrying out the provisions of this article and for no other purpose. (Code 1941, Art. 145-9; Ord. 24495)