No person shall cut or cause to be cut any curb on any street,
lane, way, alley or any thoroughfare within the City without first
having obtained approval therefor from the City Council and a permit
therefor from the City Engineer's office.
No permit shall be issued for the establishing of any curb cuts
or the cutting of any established curbs for more than a continuous
length of 32 feet for each opening. No cut shall be made, established
or permitted within 10 feet of a corner in any direction. Where more
than one cut of 32 feet is permitted by the City Council on any one
street, each such opening shall be followed and adjoined by an island
of at least 10 feet without a curb cut; provided, however, that when
existing construction abutting on any side of any street or roadway
in the City not having curbs shall have an apparent and existing road,
doorways or other physical circumstances indicating present use of
the same for purposes of ingress, egress and regress to, over and
from such properties by motor vehicles before construction of curbs
to abut on the right-of-way or side adjoining and abutting such properties,
then at the time such curbs are to be constructed and established
the City Council may consider and permit such curb cuts and openings
in number and length as it shall deem in its discretion proper under
the circumstances, notwithstanding the above requirements and provisions
of this section; but in doing such it shall be ever mindful to prevent
jeopardizing the safety of the public passing and using such sidewalks
and passageways for foot travel.
When, upon petition for approval of curb cuts in conflict with
the provisions of the preceding section, a hardship would be promulgated
to or on the petitioner if not approved and a grant of the prayer
of the petitioner for the curb cut, although contrary to the requirements
of the preceding section, in the opinion of Council would not create
a danger or hazard to pedestrian travel or would not be contrary to
the purpose of this article, then the Council may permit such curb
cuts in length, width and number as it shall deem in its discretion
proper and just under all the circumstances.
No permit shall be approved by the City Council or issued by
the City Engineer's office unless and until a plan for such proposed
curb cut shall be presented to the City Council and shall be filed
with the City Engineer's office.
Every person violating the provisions of §§Â
303-13 through
303-16 shall be subject to suit by the City for the cost of replacing any curb cut in violation of such sections. The City shall have full power and authority to file a lien against the premises in front of which such curbs have been cut in violation hereof for any costs and expenses which the City may incur for replacement of the same.