Chapter 12.36
DRIVEWAY APPROACHES
Sections:
12.36.010 Standard plans and specifications.
12.36.020 Permit – Required – Fee.
12.36.040 Existing driveway approaches.
12.36.050 Blocking drainage – Corrugated metal and concrete.
12.36.070 Supervision of work.
12.36.090 Specifications compliance required.
12.36.110 Materials inspection.
12.36.140 Permit – Issuance not mandatory.
12.36.160 Penalty for violation.
12.36.010 Standard plans and specifications.
All driveway approaches in the public streets of the city must be constructed in accordance with the standard plans and specifications for driveway approaches on file in the office of the superintendent of streets of the city, reference to which is made for further particulars. The street superintendent shall specify in the permit to be issued under Section 12.36.020 which particular one of the types of said standard plans shall be used on each driveway to be constructed and each driveway hereafter to be constructed shall conform to one of the particular types of standard plans, as specified by the street superintendent in the permit to be issued and said driveway shall be so maintained, and any driveway approach hereafter constructed and maintained in any manner not strictly conforming to the design and measurements indicated on the specified type of the standard plans shall be unlawful. (Ord. 74 § l, 1952)
12.36.020 Permit – Required – Fee.
It is unlawful for any person to commence or proceed with the construction of any driveway approach within the city unless a permit therefor has first been obtained form the superintendent of streets. Before the issuance of such permit the applicant therefor shall be required to pay to the superintendent of streets an inspection fee, the sum of one dollar for each fourteen feet of the sidewalk frontage of the proposed driveway approach, and or the fractional part of such frontage. All permits for construction of driveway approaches shall be posted conspicuously on the work. This permit shall be granted by the superintendent of streets, however, only after the applicant therefor has first filed in the office of the superintendent of streets a written request for such permit upon a form furnished by the superintendent of streets, which written request shall set forth the location and length of the driveway, the types and method of construction of such driveway approaches as have heretofore been constructed on the same street, the name of the owner of the abutting property, the name of the party owning the property in front of which the driveway is to be constructed and the name of the contractor proposing to do the work. (Ord. 74 § 2, 1952)
12.36.030 Permit – Issuance.
The permit referred to in Section 12.36.020 and required to be first obtained shall be granted only to the owner of the real property in front of which any such driveway approach as provided for in this chapter is to be constructed and maintained, upon the application of such owner or the authorized agent thereof, and such owner, or the successor of such owner in the ownership of such property shall be obligated, in case the use of such driveway approach is discontinued, or abandoned, to restore to its former or original condition the portion of the street altered or changed in consequence of the construction of such driveway approach. (Ord. 74 § 3, 1952)
12.36.040 Existing driveway approaches.
Such driveway approaches as have heretofore been constructed under sanction and to the satisfaction of the street superintendent and are now being maintained as so constructed and such other driveway approaches as have already been constructed and which, as to method of construction are within the restriction denoted on the standard plans referred to in Section 12.36.010, are permitted to be so maintained, subject, however, to the obligation imposed by the provisions of Section 12.36.030. (Ord. 74 § 4, 1952)
12.36.050 Blocking drainage – Corrugated metal and concrete.
No person, firm or corporation shall place or cause to be placed in a public gutter or roadway in the city any materials or appliances to be used as an approach for the driving of vehicles over the curb and sidewalk, where the same will interfere with the efficient cleaning of the streets, and the proper drainage of storm and surface water. Driveway approaches consisting of the corrugated metal driveway culvert and concrete type, and which bridge over the gutter or extend out into the roadway beyond the curbline will be allowed only in special cases where other types cannot be economically constructed, or where there are already many of the metal culvert and concrete type already in existence on the same street and adjoining, and then only upon obtaining the permit required in Section 12.36.020, and conforming with the standard plan as referred to in Section 12.36.010 for this particular type of driveway approach. (Ord. 74 § 5, 1952)
12.36.060 Construction bond.
No person, firm or corporation engaged in the business of laying or constructing driveway approaches under private contract on the public streets of the city shall commence the construction of any driveway approach in the city unless he or she has first executed to the city a good and sufficient bond in the sum of one thousand dollars for the faithful performance of any work which they may undertake on said sidewalks for the protection of the city and against damages to any street or structure or material therein, which bonds shall inure not only to the benefit of the city but also to that of any property owner who may employ such person, firm or corporation to do said work. Said bonds shall be either that of a surety company or of a private bond with two good and sufficient sureties, who shall justify in double the said sum, said bonds shall be subject to approval by the mayor of the city or by the city council; and such driveway approaches are declared to be a portion of the sidewalk and the construction of said driveway approaches shall be governed by the same regulation as apply to, sidewalks under Section 12.36.010. (Ord. 74 § 6, 1952)
12.36.070 Supervision of work.
All said work shall be done in a good and workmanlike manner and under the supervision and to the satisfaction of the superintendent of streets. (Ord. 74 § 7, 1952)
12.36.080 Grades.
The lines and official grades for doing said work shall be given by the city engineer or the superintendent of streets (Ord. 74 § 8, 1952)
12.36.090 Specifications compliance required.
All said work shall be done according to specifications for driveway approaches on file in the office of the superintendent of streets of the city, reference to which is made for further particulars. (Ord. 74 § 9, 1952)
12.36.100 Cleanup.
All sand, surplus material and rubbish remaining on the street or sidewalk after the completion of the said work shall be immediately removed by the contractor and all surplus earth removed from such driveway approach in the construction thereof shall be immediately removed from the streets by the owner of the premises fronting upon said work upon the completion of the work or improvement. (Ord. 74 § 10, 1952)
12.36.110 Materials inspection.
All materials used in the construction of any such driveway approach shall be subject to the inspection of the street superintendent and any material found by him or her not to conform to the specifications therefor shall be rejected by him. Such rejected material shall be immediately removed from the work by the contractor and shall not be returned thereto or used thereon. (Ord. 74 § 11, 1952)
12.36.120 Safety precautions.
The person constructing said driveway approaches shall take all due and proper precautions to guard against injury or accident to persons or property. (Ord. 74 § 12, 1952)
12.36.130 Exemption.
This chapter shall not apply to work done under public contract under any of the laws of the state where the cost of the work is to be paid from assessments on private property. (Ord. 74 § 14, 1952)
12.36.140 Permit – Issuance not mandatory.
Nothing in this chapter shall be deemed to compel the superintendent of streets to issue permits provided for in this chapter if in his or her judgment the proposed work is against the public interest or convenience. (Ord. 74 § 15, 1952)
12.36.150 Appeal.
Any person feeling aggrieved because of the type of driveway approach specified by the street superintendent in the permit issued to him or her in pursuance of the terms of Section 12.36.010 may appeal to the council of the city from the decision of the street superintendent as to the type of driveway approach to be constructed by him. Said council shall, after hearing said appeal, either confirm the permit as issued or direct the issuance of a new permit by the street superintendent to such person, specifying the type of driveway approach to be embodied in such new permit which shall thereupon be issued by the street superintendent in lieu of the original permit. The decision of the council as to such type of driveway approach shall be final and conclusive, but must specify one of the types indicated by Section 12.36.010. (Ord. 74 § 16, 1952)
12.36.160 Penalty for violation.
Any person, firm or corporation violating any provision of this chapter shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than six months, or by both fine and imprisonment. (Ord. 74 § 13, 1952)