Title 8 STREETS AND SIDEWALKS
Chapter 8.64 DRIVEWAY APPROACHES AND CURB CUTS
8.64.140 Notice to property owners to close driveway.
A. Preliminary Notice. Proceedings to require the closure of
any driveway as required by subsection (d) of Section 8.64.070 shall be
commenced by a written notice given by the director of public works of the city
to the owner of the property involved, which notice shall specify the legal
description and street address of the property involved and describe the
condition to be corrected, and shall notify the owner to correct the condition
within thirty days from the date such notice is given. The notice shall further
specify a date, no less than thirty days subsequent to the date of giving the
preliminary notice, on which the matter will be reported to the City Council for
formal action in the event of noncompliance with the preliminary notice. Service
of the notice shall be made in person on the owner, or by United States mail
addressed to the owner at his last known address. In the event the occupant of
the premises is someone other than the owner, a copy of such notice shall also
be mailed to that occupant at the address of the property involved.
B. Final Notice--City Council Action. In the event the
condition described in the preliminary notice is not corrected within the
thirty-day period provided by such notice, the director of public works shall
report to the City Council, on the date specified in the preliminary notice, the
fact of the giving of the preliminary notice and of noncompliance therewith. The
report shall include the legal description and street address of the property
involved and a description of the condition sought to be corrected. On the
receipt of such report, the City Council may, by resolution, require the owner
to close the driveway and replace any such driveway approach with a standard
curb and sidewalk, as may be necessary for compliance with the preliminary
notice. The resolution shall further provide for a final notice to be given to
the same persons and in the same manner as provided for giving a preliminary
notice, which final notice shall require that the condition be corrected within
fifteen days from the date such final notice is given: and the notice shall
further include notification that in the event of the failure of the owner to
comply with the notice, the driveway approach will be replaced with a standard
curb and sidewalk by the city with the actual cost of such replacement to be
charged to the owner, with such charge to constitute a lien on the
property.
C. The provisions of Sections 8.64.020, 8.64.030 and 8.64.040
pertaining to permit requirements, shall apply to work performed by persons
other than the city as a result of any notices given pursuant to this section.
(Ord. 1817 § 1, 1975).