[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:
APPLICATION FOR DRIVEWAY PERMIT
To the City of Herculaneum, Missouri:
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.
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.
Permission is granted to construct driveway above described. Culvert to be _______ feet in diameter, ________ in length.
[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]
"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.
"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.
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.
"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.
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.
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.
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:
Notice of such determination may be mailed to an owner of such tract stating the required corrections.
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.
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.
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.
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.