(A) Restoration of unauthorized curb cuts. Any curb cut for which any required permission or permit has not been obtained shall be restored by replacement of the curb as herein provided.
(B) Permit fee. The fee for such permit shall be approved by City Council and available in the Engineering Office.
(C) Failure to obtain permit. Failure to obtain the permit shall result in the permit fee being doubled.
(D) Failure to obtain inspection. Failure to obtain the required inspection for approval of the work shall result in a fine, approved by City Council and available in the Engineering Office.
(E) Restoration of abandoned curb cuts. Any curb cut which has been abandoned shall be restored as hereinafter provided except where such abandonment shall have been at the request of or for the convenience of the city. Any curb cut shall be deemed to be abandoned where structural or other changes on the adjoining premises make it no longer useful thereto.
(F) Notice to show cause. Whenever the City Engineer shall have evidence that any curb cut exists in violation of the provisions of divisions (A) or (E) above, he or she shall cause written notice to show cause why the same should not be reconstructed and the expense thereof charged against the adjoining premises to be given to the owners thereof as indicated by the records of the City Assessor. Such notice shall be given in accordance with the provisions of § 36.02, and shall set forth the time and place of the hearing by the City Manager, or his or her designee, which time shall not be less than five days after the service of the notice.
(G) Hearing. The owner of the premises, the person obligated to pay the taxes thereon, any other person having an interest therein, and counsel, if any, shall have an opportunity to show cause why the curb should not be restored, and to cross-examine any witnesses and examine any evidence produced to establish that the curb cut exists in violation of divisions (A) or (E) above. The decision of the City Manager (or designee) shall be in writing and shall be final and conclusive.
(H) Notice of decision; restoration of curb cut.
(1) The City Manager (or designee) shall cause a copy of the decision to be served on the owner as shown by the records of the City Assessor and on any other persons who are interested in the affected property and who participated in the hearing, in accordance with the procedure established for the service of notices by § 36.02.
(2) Thereupon, if the City Manager shall have found that the curb cut is required by the provisions of this subchapter to be restored, the city shall proceed to restore such curb cut by contract or force account and to charge the cost of such restoration against the adjoining premises and the owner thereof, and to collect such cost, all as provided in § 33.21.
(Prior Code, § 96.32) (Ord. D-446, passed 1-27-1958, effective 2-6-1958; Ord. O-192, passed 7-24-2017, effective 8-3-2017)