(A) Building permit required. No person, firm, partnership or corporation shall install any curb, or curb and gutter, in any street in the city until an application has been made to the City Administrator for a building permit and an approved building permit issued for the installation.
(B) Application. Every application shall contain and state the following facts and information:
(1) The lot and block or other description of the location of the proposed installation;
(2) The number of lineal feet proposed;
(3) The location of driveways, if any, to be installed;
(4) The name of the contractor or other person doing the installation;
(5) The application shall be accompanied by a bond or a signed waiver holding the city harmless and free from liability during the installation of the curb, or curb and gutter; and
(6) The application, shall be accompanied by a permit fee of $0.75 per foot, payable to the City Administrator as payment for the cost of the permit and engineering service.
(C) Specifications. All curb, or curbs and gutters, shall conform to the following.
(1) The location, elevation and design of all curbs, or curbs and gutters, shall conform to the specifications established by the City Council and on file with the City Administrator. The design of the State Highway Department Type 6B24 Curb and Gutter is hereby adopted as standard by the city.
(2) The forms for the installation shall be staked out and approved by the City Engineer or his or her authorized deputy.
(3) The curb, or curbs and gutters, shall be poured concrete, delivered by a ready-mix truck. The concrete shall be 4,000 psi compression test. No concrete shall be poured if the temperature is likely to go below 40°F unless suitable provisions are made to heat it and keep it from freezing.
(4) The city will not assume the responsibility for proper physical construction, but will assume responsibility for proper grade and alignment pursuant to the city street, curb and gutter master plan.
(D) Nonconforming construction. Any curbs, or curbs and gutters, that are installed in any city street not in compliance with the terms of this section shall be considered temporary and may be removed by orders of the City Council, and the cost of the removal shall be charged against the owner of the abutting property and, if necessary, certified to the County Auditor for collection along with other taxes for the city.
(E) Assessment policy. In the event the city undertakes a comprehensive curb and gutter project, any property owner who has constructed curb and gutter pursuant to this section will be credited with the current project construction cost of the curb and gutter on its assessments therefor.
(F) Effective date. This section shall take effect and be in full force from and after its passage and publication. Ordinance 42 was published on 7-20-1967. Ordinance 42.01 was published on 8-15-1978.
(Ord. 42, passed 7-17-1967; Ord. 42.01, passed 8-7-1978) Penalty, see § 91.99