Chapter 12.05
SIDEWALK, PARKING STRIP AND CURB CONSTRUCTION, ALTERATION, REPAIR AND MAINTENANCE
Sections:
12.05.020 Application – Issuance of permits.
12.05.040 Standards and specifications.
12.05.050 Barricades and lights.
12.05.060 Revocation of driveway permits.
12.05.070 Restoration of driveway areas.
Legislative history: Ords. 359 and 661.
12.05.010 General rules.
(1) No person may construct, repair or alter a sidewalk or curb without first obtaining a permit from the public works director.
(2) Persons shall construct, repair, or alter a sidewalk or curb to conform to the general standards and specifications currently on file with the public works director. [Ord. 316 § 1, 1966].
12.05.020 Application – Issuance of permits.
(1) Persons shall file their application for a permit to construct, repair or alter a sidewalk or curb with the public works director, together with pertinent plans, data and other information as may be required.
(2) If the proposed improvement conforms to the applicable standards and specifications, the public works director shall issue a permit; except that when local improvement district proceedings have begun on the same sidewalk or curb, no permit for sidewalk or curb construction, alteration or repair shall be issued.
(3) When a sidewalk or curb is constructed, repaired or altered in connection with improvements or alterations such as a curb cut, driveway approach, sidewalk section or street excavation, the public works director may issue one permit for the entire project.
(4) Fees for Permits. Before any permit is issued, the applicant shall pay to the city a permit fee established in the city of Myrtle Creek handbook of fees and charges. [Ord. 316 § 2, 1966].
12.05.030 Supervision.
The public works director shall inspect the materials and construction to ensure compliance with the applicable standards and specifications. [Ord. 316 § 3, 1966].
12.05.040 Standards and specifications.
(1) The public works director shall formulate standard plans and specifications for the construction of curbs, gutters, driveways and sidewalks. Such standards and specifications, or any subsequent amendments thereto, shall be submitted to the city council for adoption by resolution.
(2) Separate standard plans and specifications may be proposed and adopted for improvements on different classifications of streets, such as arterials, collectors, and neighborhood streets, and different use classifications of properties, such as industrial, commercial, residential, or other uses; however, such standard plans and specifications shall ensure compliance with applicable zoning and development codes.
(3) The city council, by resolution, shall adopt standards and specifications for constructing, repairing or altering a sidewalk or curb, and such standards and specifications shall be filed in the offices of the public works director for the use of the public. [Ord. 316 § 4, 1966].
12.05.050 Barricades and lights.
A person who excavates or alters a sidewalk, curb or parking strip and thereby creates a condition which endangers pedestrian or vehicular traffic shall maintain adequate barricades around the dangerous condition to protect the public. [Ord. 316 § 5, 1966].
12.05.060 Revocation of driveway permits.
Any permissive use for driveway purposes of any area within public street right-of-way, regardless of whether the driveway was established by permit under this chapter or any other ordinance or established without permit, may be revoked by the city council after notice and public hearing, if the council finds:
(1) That no need exists for vehicular access to the private property to which the driveway extends, considering the use being made of the property at the time; or
(2) That the driveway has been abandoned; or
(3) That the private property to which the driveway extends is accessible by vehicles from some other location or in some other manner; or
(4) That the location of the driveway and its use constitute a hazard to vehicular or pedestrian traffic using any adjacent street or streets; or
(5) That the driveway is not being maintained so as to keep it in a good state of repair and free from hazards.
Notice of intent to revoke a permit shall be given in writing, delivered to the owner of the property personally or mailed to such owner at the address last shown on the tax rolls of Douglas County, Oregon. The notice shall specify the intent, state the time and place at which a hearing on said matter will be held, and advise such owner that he may be heard thereon at said time and place. The notice shall be given at least 10 days before the date of the hearing. Failure to give such notice in any one or more of the manners herein provided shall not invalidate the proceedings; provided, the owner shall have received actual notice in any other manner, or if he appears personally or by agent at the hearing. [Ord. 316 § 6, 1966].
12.05.070 Restoration of driveway areas.
(1) Upon the termination of any driveway, whether by revocation of permit or expiration of term for temporary driveways, or abandonment or otherwise, the authority, rights and privileges granted shall cease; and the owner of the property to which the driveway leads shall, within a period of 30 days thereafter, remove or modify the driveway improvements; and the sidewalk, parkway, curb and other areas where the improvements were located shall be restored or reconstructed, to the end that the portion of the sidewalk space, parkway, and curb areas which were used for the driveway shall be made for public travel and be placed in the same condition as the adjacent sidewalk spaces, parkway and curb areas.
The restoration work shall be done by said property owner at his own expense.
(2) In the event of the failure, neglect or refusal on the part of any property owners to remove driveways and restore the sidewalk spaces, parkways and curb areas to the restoration conditions required by this section, the city of Myrtle Creek may proceed to restore the same and charge the expense thereof to the property or properties to which said driveways have led; and the cost thereof shall become liens upon said properties, and shall be entered as liens upon the same in the lien docket of the city. [Ord. 316 § 7, 1966].
12.05.080 Penalties.
Any person violating any of the provisions of this chapter, and upon conviction thereof, shall be fined not to exceed $500.00. Every day such violation is committed or permitted to continue shall constitute a separate offense, and shall be punishable as such. [Ord. 316 § 8, 1966].