A. Definition: The term "mountable curb and gutters" as used herein is one so designed and constructed that it permits crossing by motor vehicles.
B. Construction Authorized: Whenever owners of over fifty percent (50%) of the land to be benefited by the construction petition for mountable curb and gutter, and all other requirements for said construction have been met, the Council may grant the petition for mountable curb and gutter.
C. Access Provisions:
1. No Increase In Access Rights: No owners or occupants of the property fronting on the mountable curb shall have their right of access to the public right-of-way increased solely on the basis of the construction of the mountable curb and gutter.
2. Location And Width Of Access: As a part of the application for any building permit or application for use, the applicants shall include their request for the number, size and location of accesses; and shall include in their application, plans and specifications to prevent access by motor vehicles at all other points.
3. Change Of Accesses: Any property owner desiring a change in location of accesses, size of accesses or method of preventing motor vehicle traffic over nonaccess areas, shall make an application for building permits. In the event that there are considerations beyond the authority of the official issuing building permits, the matter shall be resolved by the Council.
D. Enforcement And Applicability: The City shall enforce this section in the same manner as ordinances relating to building codes are enforced 1 . This section is intended to apply to all existing and future mountable curb and gutters. In the event that it is determined that this section cannot be applied to existing curb and gutters, it nevertheless shall apply to curb and gutters constructed after the passage of this section.
E. Penalties: Any persons violating any provision of this section shall, upon conviction, be penalized in accordance with section 1-4-2 of this Code. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation occurring hereunder. (Ord. 510, 7-16-1973)
Notes
| 1 | 1. See title 9, chapter 1 of this Code. |