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11-2-3: DRIVEWAY CONSTRUCTION 1 :
A. Permit Requirements:
1. Permit And Compliance Required: It shall be unlawful for any person to construct, reconstruct, alter, remodel or improve any driveway, whether in existence at the present time or not, without first obtaining a permit so to do, as hereinafter provided, and otherwise complying with the provisions of this section. Any person desiring to construct, reconstruct, alter, remodel or improve any driveway shall first obtain a permit to do so from the city clerk.
2. Application For Permit: The application for the permit shall state the name of the property owner, the person doing the constructing, reconstructing, altering, remodeling or improving said driveway, the width of the proposed driveway and a brief description of the proposed driveway including the grade and the type of materials to be used in constructing, reconstructing, altering, remodeling or improving said driveway. (Ord., 10-2-1956)
3. Investigation Of Site: The application shall be referred to the city manager, city engineer, zoning administrator and/or public works director, who shall investigate the site of the proposed driveway, refer to the application for permit, examine existing ordinances of the city and physical facts at the site of the proposed driveway and report back to the city council at their next meeting. (Ord., 10-2-1956; amd. 2001 Code)
4. Issuance Or Denial Of Permit: The city council shall determine whether said driveway, as constructed, reconstructed, altered, remodeled or improved, will be in the interest of public safety and welfare and, upon favorable determination, permit shall issue, otherwise not.
B. Reconstruction Of Existing Driveways: Existing driveways that are not in the interest of the public safety may be reconstructed to be in the interest of the public safety in the following manner:
1. The city council, after inspecting any driveway, shall first make a determination by resolution that said driveway is not in the interest of public safety, which resolution is to be set forth in writing with the reasons therefor. (Ord., 10-2-1956)
2. After making such determination, the city manager shall, within ten (10) days thereafter, send a notice by registered or certified mail to the owner of the property notifying him to appear before the next regular meeting of the city council then and there to explain the reasons, if any, said driveway should be permitted to remain in its existing condition which is not in the interest of public safety; provided, however, said notice shall be received by the owner at least five (5) days before the council meeting; if not, he is then to appear at the next regular city council meeting.
3. If there are no reasons for the continuance of the driveway in its present unsafe condition, the city manager and/or the city engineer may be instructed to make certain recommendations in writing as to the reconstruction of the driveway which will make it a safe driveway and in the interest of public safety with due regard for any unreasonable costs in connection with said reconstruction.
4. A copy of these written recommendations shall be forwarded to the property owner and he shall, within ten (10) days of the receipt thereof, file, in writing, any objections he may have to the recommendations offered. If no objections are filed, the improvements as recommended shall be completed by him within ninety (90) days unless prevented by inclement weather or act of God. If written objections are filed, they shall be heard and considered at the next regular meeting of the city council and due allowance given to any matters then and there brought forth.
5. The council, after hearing the recommendations, written objections and testimony of any persons interested, shall make a finding as to whether or not these recommendations are in the interest of the public safety, and their finding shall be set forth in a written resolution, and a copy shall be forwarded to the property owner.
6. The property owner shall complete the improvements as recommended within ninety (90) days if the finding is that the recommendations are in the interest of the public safety, otherwise not.
C. Bond Requirements: No separate bond provisions are inserted herein, and all bond provisions of all other ordinances are hereby expressly ratified, approved and reenacted insofar as they may apply to the subject matter contained herein. (Ord., 10-2-1956; amd. 2001 Code)
1. See subsection 15-6-3C6 of this code for construction specifications for driveways other than those accessory to single-family dwellings.