(A) (1) City right-of-way consists of all city owned real estate between private property lines. The purpose of city right-of-way includes, but is not limited to, accommodating streets, alleys, road signs, sidewalks and above and below ground public utilities. City regulation of the use of city owned right-of-way by abutting private property owners is necessary:
(a) To assure that such right-of-way remains free of unnecessary impediments to the placement, maintenance and repair of streets, alleys, road signs, sidewalks and above and below ground public utilities; and
(b) To minimize tort liability that may arise from injuries to persons or property occurring on, or as a consequence of structures located within, city owned right-of-way.
(2) Abutting private property owners are entitled to the use of city-owned right-of-way only to obtain necessary and otherwise lawful pedestrian and vehicular ingress and egress to private property.
(B) The following provisions shall apply to the removal of driveways, sidewalks, structures and other human-made objects in city-owned right-of-way:
(1) Driveways. A driveway in use on the effective date of this chapter for the purpose of providing vehicular ingress and egress across city owned right-of-way to a garage or all weather surface parking area located on abutting private property, which ceases after the effective date of this chapter to be used for said purpose, shall be removed from the curb cut to the property line. The area disturbed shall be restored and reseeded and the driveway curb cut shall be removed and replaced in accordance with city standard specifications. Such removal to the property line shall not be required if all of the following conditions are met:
(a) The property owner desires to use said driveway for vehicle parking or vehicle storage only;
(b) The portion of said driveway located upon private property is sufficient in size to accommodate at least one parked full-sized four wheeled vehicle;
(c) Said driveway, taken together with all other existing or planned paved surfaces on the same private property, would not violate the nuisance provisions of this city code which prohibit paving more than 30% of the front yard, or for corner lots the front and side yard, of residential lots; and
(d) The parking or storage of vehicles on said driveway is otherwise lawful and does not violate the nuisance provisions of the city code, including, but not limited to, those relating to the parking and storage of vehicles on private property.
(2) Sidewalks. A sidewalk in use on the effective date of this chapter for the purpose of providing pedestrian ingress and egress across city owned right-of-way to a residence, business or related structure located on abutting private property, which ceases after the effective date of this chapter to be used for said purpose, and which does not meet the city standard specifications for location, shall be removed from the curb to the property line. The area disturbed shall be restored and reseeded.
(3) Other structures. Any structure or other human-made object (excluding driveways and sidewalks) located on city owned right-of-way in use on the effective date of this chapter for any purpose, which ceases after the effective date of this chapter to be used for the purpose it served on the effective date of this chapter, shall be removed from the curb or from its starting point on city owned right-of-way, to the property line. The area disturbed shall be restored and reseeded. Any structure or other manmade object (excluding driveways and sidewalks) located on city-owned right-of-way which has not ceased to serve its original purpose, but which must be removed in order to accomplish necessary public improvements or public utilities installations in such right-of-way, shall be removed at the expense of the city or the public utility, and shall not be restored, rebuilt, or replaced on city-owned right-of-way. The area disturbed shall be restored and reseeded at the expense of the city or public utility.
(4) Responsibility for removal. Except as otherwise specified herein, the cost and responsibility for removal of structures and objects from city-owned right-of-way, and for the performance of all work required to comply with this chapter, shall be born by the owner of the property abutting city-owned right-of-way.
(5) Penalties. Should the required removal not be performed in a timely manner, the city shall perform the removal and assess the cost thereof to the abutting property owner by certifying the cost of the removal to the County Treasurer as a tax against the property.
(2011 Code, § 50.0116)