§ 82-1. Curb cuts.

(a)

No person shall make any opening in or through any curb in any street, alley, or public place without first obtaining a permit therefor from the city manager.

(b)

No permit required by subsection (a) of this section shall be issued in the following cases for any curb cuts, except upon approval of the council:

(1)

When to grant the permit would be to allow two cuts on any one premises.

(2)

When the cut is to be made permanent and is within 20 feet of any other permanent cut on any premises.

(3)

When the cut is to be made permanent and it is intended to be more than 30 feet wide at the sidewalk line nearest the center of the street.

(4)

When the cut is to be made permanent and, in the opinion of the city manager, may interfere with the safety of the public.

(c)

No curb cut shall be made, except in accordance with plans and specifications established by the city manager.

(d)

No permit required by subsection (a) of this section shall be granted for the doing of any work covered by this section, until a bond or policy of insurance has been filed with the city clerk as provided in section 82-10.

(e)

Requirement of paving driveway aprons. No permit to cut any curb shall be issued unless the applicant/property owner shall agree in such application, as a condition of the issuance of the permit, to install a driveway apron of concrete or other material of comparable quality within 30 days after the completion of the cut, except that the city may extend this period at its discretion. If the driveway apron is not paved within 30 days after the completion of the cut, as agreed to by the applicant/property owner, then the city shall cause such driveway apron to be paved and the cost and expense of same shall be charged to the owner of the property, and shall constitute a lien on such property, and the city official in charge of the collection thereof shall certify on or before May 1 of each year, to the city assessor, the cost or charge of same, whereupon such cost or charge shall be entered upon the next tax roll as a charge against such premises or property, and the lien thereof enforced in the manner as general city taxes against such premises or property are collected and the lien thereon enforced.

(f)

Driveway aprons—Construction. Driveway aprons shall be paved with concrete or bituminous material if the driveway is located on a paved street. If said driveway apron is not paved within six months after the abutting street is paved, the city shall give the owner 30 days notice to pave same, and if such property owner shall neglect or refuse to do so, then the city shall cause the driveway apron to be paved, and the cost and expense of which shall be charged to the owner of the property, and shall constitute a lien on such property, and the city official in charge of the collection thereof shall certify on or before May 1 of each year, to the city assessor, the cost or charge of same, whereupon such cost or charge shall be entered upon the next tax roll as a charge against such premises or property, and the lien thereof enforced in the same manner as general city taxes against such premises or property are collected and the lien thereon enforced.

(Code 1971, § 28-1; Ord. No. 00-299, § 1, 2-7-00)