(A) The city shall not allow any deviation from the requirements of this subchapter that either results in detriment to the public good or impairs the desirable general development and operation of the street in accordance with sound planning principles and policies.
(B) Variance requests must be submitted to the City Council for approval, approval with modifications or denial. The City Engineer may also be consulted if deemed necessary.
(C) The City of Sweeny shall be responsible for enforcing this subchapter and assessing and collecting a fee for each driveway or civil/flatwork permit as laid out in the fee schedule of the City of Sweeny. In the event that a driveway or other flatwork is poured or constructed without obtaining a permit, the City of Sweeny shall assess a fee. The violation of the terms of this subchapter by any person, firm or corporation is declared to be a misdemeanor and upon adjudication of guilt, a fine not to exceed the maximum allowable under state statute shall be assessed against such violator in accordance with the provisions of this code. Each continuing day of violation shall be deemed a separate offense for which a separate fine may be assessed. Unless otherwise specifically set forth in state law as adopted, allegation and evidence of culpable mental state are not required for the proof of an offense defined by this subchapter. Should a driveway be constructed in violation of this subchapter and not voluntarily removed or modified by the owner in accordance with a notice by the city or a court of law, the city reserves the right to remove it at the owner's expense. Responsibility of the owner if a permit is not obtained: if a driveway or other flatwork is poured or constructed without a permit from the city as required above and if the city has to break apart the driveway or other flatwork to repair the water or sewer lines under said driveway or flatwork, the owner of the property shall be responsible for all costs incurred. The cost of the work by the city referred to above shall be paid to the City of Sweeny and shall include all costs of the city, including labor and material. The owner shall contract with the city or someone of his or her choice for placing the driveway or other flatwork back into the condition it was in prior to the work by the city. In either event, the owner shall pay to the city all amounts billed to him or her by the city within 30 days or a lien will be placed upon his property by the city, or the city may elect to pursue other collection remedies, or both.
(Ord. 108-22, passed 6-21-22)
Cross-reference:
Fee schedule, see § 38.01