[Ord. No. 503B §1, 3-11-1991]
All culverts used in the construction of driveways or entryways
from public streets or alleys in the City of Herculaneum to private
property shall be concrete or other approved pipe of a diameter prescribed
in writing by the Street Department Supervisor of said City of Herculaneum.
It shall be at the discretion of the Street Department Supervisor
to determine whether or not a drain pipe is necessary.
[Ord. No. 503B §2, 3-11-1991]
Any person or persons, firm, company or corporation desiring
to construct such driveway or entryway shall first apply in writing
to the Street Department Supervisor of said City of Herculaneum for
permit, which application for a permit shall be accompanied by a certified
check in the amount of one hundred dollars ($100.00) payable to the
City of Herculaneum, for which said application shall be in the following
form:
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APPLICATION FOR DRIVEWAY PERMIT
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To the City of Herculaneum, Missouri:
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Permission is hereby requested to
_____________________________________________________. The undersigned
agrees to perform the work under the supervision of the Street Department
Supervisor of the City of Herculaneum and to hold harmless the City
for any damage of any nature whatsoever which may accrue to any person
or property arising out of the performance or non-performance of said
work by the applicant. It is agreed that work will be done subject
to the approval of the Street Department Supervisor.
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Accompanying this application is a certified check for one hundred
dollars ($100.00) payable to the City of Herculaneum, to insure and
guarantee to said City the proper performance of the work and the
restoration of the street adjacent thereto to as good condition as
it was prior to commencement of work, subject to approval of the Street
Department Supervisor.
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_______________
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Permission is granted to construct driveway above described.
Culvert to be _______ feet in diameter, ________ in length.
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[Ord. No. 503B §3, 3-11-1991]
The construction of said driveway shall be under the supervision
of the Street Department Supervisor of said City. At such time as
the proper culvert is installed and the work is completed to the satisfaction
of the Street Department Supervisor the deposit heretofore referred
to shall be returned in full to the party applying for the permit.
If said work is not completed to the said satisfaction of the Street
Department Supervisor, said Supervisor shall so notify the owner of
the property to which said driveway or entryway is being constructed
and shall state in writing his/her objections thereto. In the event
said owner does not cause said driveway or entryway to be properly
completed within ten (10) days from the receipt of said notice, he/she
shall be deemed to be in violation of this Chapter and the deposit
shall be forfeited to the City of Herculaneum.
[Ord. No. 503B §4, 3-11-1991]
Any person or persons, firm, company or corporation violating Sections 523.020 or 523.030 of this Chapter shall be deemed guilty of a misdemeanor and upon conviction shall, in addition to the forfeiture above described, be fined a sum of not more than one hundred dollars ($100.00) per day. Each day, or portion of a day, during which such violation continues to exist shall be treated or deemed a separate and distinct violation and may be prosecuted as such.
[Ord. No. 503B §5, 3-11-1991]
A.
"Driveways or entrances" are hereby defined as manmade means
of entrance or egress from the public streets and alleys of this City,
to privately owned property, whether such driveways are primarily
intended for use of vehicles, pedestrians or both.
B.
"Municipal drainage ditches", for the purpose of this Section,
means any ditch or channel, used or maintained by the City of the
purpose of draining the City surface waters accumulated naturally
or artificially primarily, however, for the drainage of the public
streets and alleys, whether owned by the City or not.
C.
The
construction of driveways or entrances as to obstruction of municipal
drainage ditches is hereby declared to be a misdemeanor, whether such
obstruction is to be temporary or permanent.
D.
"Obstruction of drainage ditches" means the depositing of
earth or any other type of fill in such drainage ditches so as to
impede the natural flow of water therein.
E.
For
the purpose of this Section, all persons constructing driveways or
entrances to privately owned property, which cross over or otherwise
cover or fill any municipal drainage ditch, shall install a suitable
metal or concrete conduit, not less than ten (10) inches in diameter,
so that neither the construction nor the use of the said entrance
under construction will impede the natural flow of water in said ditch.
F.
Any
such driveway or entrance conduit which collapses, clogs or otherwise
fails in its purpose shall be repaired or replaced within a reasonable
time after such failure by the landowner or other responsible person.
G.
In
the event the Street Department Supervisor determines that a driveway
is in need of repair, reconstruction or installation of a culvert
or repair of an existing culvert, the following procedure may be followed:
1.
Notice of such determination may be mailed to an owner of such tract
stating the required corrections.
2.
If the correction is not accomplished within fifteen (15) days after
mailing the aforesaid notice, a second (2nd) notice may be mailed
to such owner advising such owner to show cause at a specified time
and place why the City should not make such correction and charge
the cost of same to the owner of the tract to be collected as a special
tax bill.
3.
Such hearing shall be held by the Board and if the Board determines
a correction to a driveway or culvert is necessary, it shall order
it accomplished and mail notice of such order (third notice) to an
owner of such tract.
4.
If the required correction is not accomplished within fifteen (15)
days after the date of mailing the third notice, the City may proceed
with City workmen and work crews or by contract to cause the necessary
correction to be made, and the costs thereof shall be charged to the
owner of such tract and collections a special tax bill.
H.
Since
the municipal drainage ditches and culverts are essential both to
the safety in the use of the streets and alleys of the City and to
the health of the inhabitants thereof, it is hereby declared a misdemeanor
to violate any of the terms of this Chapter. Upon conviction, any
property owner who shall violate such provisions shall be subject
to a fine of not more than one hundred dollars ($100.00). Each day,
or portion of a day, during which any violation continues to exist
shall be treated as being a separate, distinct violation and may be
prosecuted as such.
