[R.O. 2011 § 505.350; R.O. 2009
§ 54.070; CC 1981 § 24-75; Ord. No. 84-89, 8-1-1984]
For the purposes of this Article,
the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
Any area in which, because of topography, elevation, position
or location, it is necessary to enclose the gutter or road ditch in
a driveway culvert in order to have a proper and suitable entrance
to any property abutting on any public right-of-way. Driveway approaches
are private improvements.
A drain pipe or other structure of concrete, masonry, metal,
vitrified tile or other materials or combination thereof approved
by the Director of Public Works or his/her designee and used to convey
or carry surface water across, under or through any driveway approach
or road ditch and/or to connect two (2) or more sections of a gutter
or road ditch.
The part of the right-of-way which is shaped, crowned, sloped
or graded for drainage purposes.
[R.O. 2011 § 505.360; R.O. 2009
§ 54.071; CC 1981 § 24-76; Ord. No. 84-89, 8-1-1984]
It shall be unlawful for anyone to construct any driveway approach over, in or through any gutter or road ditch or to install or construct a driveway culvert through any road, street or public right-of-way without first having obtained a permit from the Director of Engineering or his/her designee hereinafter provided in Section 505.210.
[R.O. 2011 § 505.370; R.O. 2009
§ 54.072; CC 1981 §§ 24-77 — 24-78; Ord. No. 84-89, 8-1-1984]
A.
Application. Applications for permits shall
be made to the Public Works Department and shall state the name of
the applicant, the location of the platted property upon which any
driveway approach or culvert is sought to be constructed and the size
and type of construction needed. Upon approval by the Director of
Engineering or his/her designee, a permit shall be granted. Within
sixty (60) days thereafter, the applicant shall cause the driveway
culvert to be installed by a contractor licensed to perform work in
the City and inspected by the Department of Engineering.
[R.O. 2011 § 505.380; R.O. 2009
§ 54.073; CC 1981 § 24-79; Ord. No. 84-89, 8-1-1984; Ord. No. 17-183 § 1, 9-20-2017]
It shall be unlawful for anyone to retard or obstruct the flow of storm or surface water in or through any driveway culvert, gutter or road ditch in or through any road, street or public right-of-way. If the existing concrete curb immediately adjoining an entrance and concrete gutter do not meet current City standards as set forth in Section 405.260, is located on a street laid with asphalt pavement and does not allow for convenient ingress and egress, then the property owner may petition to the Director of Engineering for permission to alter the curb to allow for convenient ingress and egress. The property owner shall be responsible for the construction and maintenance of any alterations made to the gutter.
[R.O. 2011 § 505.390; R.O. 2009
§ 54.074; CC 1981 § 24-80; Ord. No. 84-89, 8-1-1984]
The owner of platted property in
front of which there is an obstructed gutter or roadway ditch shall,
within twenty (20) days after notification in writing from the Director
of Engineering or his/her designee, remove such obstruction or interference
or apply for permit to cause a new driveway culvert to be installed
so that the flow of the surface or storm water is not obstructed or
retarded. If the owner does not reside or maintain a mailing address
on the property, notice shall be posted in a conspicuous place on
the property and shall be delivered by certified mail to the owner's
last known address.
[R.O. 2011 § 505.400; R.O. 2009
§ 54.075; CC 1981 § 24-81; Ord. No. 84-89, 8-1-1984]
No permit shall be issued by the
Engineering Department for any construction in or on any platted property
where there is no driveway approach or a new driveway approach is
deemed necessary because of the existing conditions, unless the applicant
shall provide surety in such amount as is reasonably necessary, based
upon the current construction costs, as established by the Director
of Engineering or his/her designee.
[R.O. 2011 § 505.410; R.O. 2009
§ 54.076; CC 1981 § 24-82; Ord. No. 84-89, 8-1-1984]
If the property owner does not remove
the obstruction or apply for a permit as stated herein within twenty
(20) days after notification, the City may do the necessary work and
the cost thereof shall be charged or assessed against the property
in the same manner as provided by the Statute for a lien.
