(A) For the purpose of this section the following definition shall apply unless the context clearly indicates or requires a different meaning.
CURB CUTTING The joining of any private street or driveway with a public street or highway, whether or not any curb is actually present or any curb is actually cut.
(B) No person shall cut any curb on any of the streets, alleys, or other public roadways within the city, without first obtaining a permit to do so, nor shall any person who is issued a permit cut a curb at any location or of any dimension not approved by the Safety-Service Director, nor shall any person who is issued a permit cut a curb without complying with the conditions subject to which the permit was issued.
(C) The Safety-Service Director may, on application of a property owner desirous of access to his or her property issue a permit to cut a curb only if:
(1) The Safety-Service Director deems the curb cut necessary or beneficial to the full use and enjoyment of such property;
(2) The Safety-Service Director approves the locations and dimensions of the curb cut;
(3) The curb cut will not, in the opinion of the Safety-Service Director, create or unduly add to traffic problems or congestion in the area; and
(4) The permit is so conditioned that the applicant must restore any existing cuts, the use of which has previously been or will be discontinued or abandoned by the curb cut applied for, and agrees to restore the curb proposed to be cut to its former conditions when and if the use or purpose for which it is being cut is discontinued or abandoned.
(D) A person denied a permit hereunder by the Safety-Service Director may appeal to the Building Board of Appeals by a written request.
(E) Any person or any business entity not complying with this section shall be guilty of a misdemeanor of a fourth degree as defined by the Ohio Revised Code. Further the city may restore the curb as it previously existed and the owner of the property shall be liable for any expense and cost, which cost and expense shall be certified to the County Auditor, to be assessed against the premises on which the restoration of the curb was performed and collected as other taxes are collected.
(1981 Code, § 97.09) (Ord. 5764-81, passed 7-13-1981; Am. Ord. 6407-90, passed 9-10-1990)