(a) Notwithstanding any of the provisions of this Building and Housing Code or ordinances pertaining to buildings, no permit shall be issued by the Chief Building Official or other authority for the construction of a dwelling, and no dwelling shall be constructed, where the Chief Building Official shall, upon investigation, find that there is no way, lane or street, either private or public, connecting with the public thoroughfare system of the city available as an ingress to and egress from such proposed dwelling, or that such proposed means of ingress and egress, either private or public, has insufficient base and bearing surface, either of gravel, rock or other hard material, to sustain without difficulty in any season of the year fire apparatus, garbage and refuse collection trucks, ambulances and other vehicular traffic desiring to reach such dwelling.
(b) Upon the refusal of the Chief Building Official to issue a permit for the construction of a dwelling, based upon his or her findings concerning the matters specified herein, the applicant for a permit may, within ten days from such refusal, file with the Clerk of Council an appeal in writing from such refusal, and thereupon the Clerk of Council shall transmit such appeal to Council, which in accordance with its standards and procedures, shall hear such appeal at its next available meeting date and shall affirm, refuse or modify the decision of the Chief Building Official as the facts so found by Council shall justify, or shall grant such permit upon such conditions as it may deem advisable in the interest of the public health and safety.
(Ord. 1951-53, passed 1-17-1952; Ord. 2005-152, passed 6-20-2005)