[Ord. of 4-21-1958, § 1; Ord. of 3-20-1961, § 1; Ord. of 7-19-1965, § 1;
Ord. of 9-8-1965, § 1]
No person shall cut or lower the curb fronting on either side
of his property without first obtaining approval therefor from the
Superintendent of Public Works or his duly authorized agent.
[Ord. of 4-21-1958, § 2; Ord. of 3-20-1961, § 2; Ord. of 7-19-1965, § 2;
Ord. of 9-8-1965, § 2]
(a)
An application to cut or lower a curb shall be made by the owner
of the property or his duly authorized agent to the Superintendent
of Public Works or his duly authorized agent.
(b)
All applications shall be in writing and shall state location and
length of curb to be cut or lowered, the building zone in which located,
the purpose of the application and reasons why it should be granted.
[Ord. of 4-21-1958, § 3; Ord. of 3-20-1961, § 3; Ord. of 7-19-1965, § 3;
Ord. of 9-8-1965, § 3; Ord. of 10-2-1979, § 1]
The City and the Superintendent of Public Works shall establish
standards for the cutting or lowering of curbs that will provide safety
to pedestrians on sidewalks or sidewalk areas and that will provide
an ingress and egress to and from property in such a manner as to
eliminate as far as practical interference with ways, such standards
to include specifically and require the paving of the area from the
curb cut to the sidewalk, with reinforced concrete unless otherwise
approved by the Superintendent of Public Works. In addition, the driveway
must be paved in either concrete or asphalt from the sidewalk to a
distance of 25 feet. At the option of the Superintendent of Public
Works, the distance may be extended. This work shall be completed
within 30 days after issuance of the curb cut permit, or the curb
cut shall be considered null and void. At the option of the Superintendent
of Public Works, the curb cut may be sealed up if the above work is
not completed or not completed according to proper specifications
within 30 days after issuance of the curb cut permit, the cost of
such seal up to become a lien on the property; and the amount thereof
shall be added to and become a part of the next annual assessment
roll at the time and in the manner prescribed by the Charter of the
City.
[Ord. of 4-21-1958, § 4; Ord. of 3-20-1961, § 4; Ord. of 7-19-1965, § 4;
Ord. of 9-8-1965, § 4; Ord. of 9-18-1979, § 1; Ord. of 12-4-1997, § 3]
Upon determination by the Superintendent of Public Works that
an application for cutting or lowering a curb conforms with established
standards a permit may be granted as applied for. A fee of $25 shall
be payable to the Department of Public Works prior to issuance of
a permit. Such permit shall be valid for a period of 30 days, subject
to such reasonable extensions of time as shall be granted, in writing,
by the Superintendent of Public Works for good cause shown.
[Ord. of 4-21-1958, § 5; Ord. of 3-20-1961, § 5; Ord. of 7-19-1965, § 5;
Ord. of 9-8-1965, § 5]
Upon determination by the Superintendent of Public Works that
an application to cut or lower a curb does not conform to the established
standards, he may deny the application.
[Ord. of 4-21-1958, § 6; Ord. of 3-20-1961, § 6; Ord. of 7-19-1965, § 6;
Ord. of 9-8-1965, § 6]
In the event that an application to cut or lower a curb is denied
by the Superintendent of Public Works, the applicant may submit the
application to the Common Council for review and the Common Council
will set a date for a public hearing to be held at a subsequent regular
meeting of the Council, at which time the applicant and any other
interested persons may be heard.
[Ord. of 4-21-1958, § 7; Ord. of 3-20-1961, § 7; Ord. of 7-19-1965, § 7;
Ord. of 9-8-1965, § 7]
The Common Council, upon finding that the application to cut
or lower a curb does not create a traffic hazard, does not create
a hazard to pedestrians, does not change the character of the area
and is in the public welfare, may grant the application in whole or
in part and upon finding otherwise may reject it.
