Chapter 12.08
DRIVEWAYS
Sections:
12.08.020 Construction and alterations--Permit.
12.08.040 Approval of application--Bond.
12.08.050 Construction--Water seepage.
12.08.060 Interfering--Owner to reconstruct--City action.
12.08.010 Definitions.
The word "person" or "owner" means the person owning the real estate or property abutting on the sidewalk or curb over which such driveway is constructed. (Ord. 18-03 §1 (part): prior code §11.24.060).
12.08.020 Construction and alterations--Permit.
It is unlawful for any person to construct, increase or decrease the width of, or in any manner alter, any driveway over or across any sidewalk or curb on any street, alley or public highway in the city, without first having submitted a permit to the public works director or street superintendent. (Ord. 18-03 §1 (part): prior code §11.24.010).
12.08.030 Permit application.
Any person desiring a permit to construct, increase or decrease the width of, or in any manner alter, any driveway over or across any sidewalk or curb on any street, alley or public highway in the city shall make application therefor in writing, stating the exact location and dimensions of the proposed driveway and whether it will be necessary to cut or alter any curb or sidewalk. The application shall be made on the form provided therefor and shall be filed with the public works director and City Hall. (Ord. 18-03 §1 (part): prior code §11.24.020).
12.08.040 Approval of application--Bond.
The public works director shall consider the application and may, if it is satisfied that the proposed driveway will not unduly interfere with the parking of vehicles along the curb in the vicinity of the same and that such driveway will not injure any street, alley, public highway or any sidewalk thereon, or will not interfere with the passage of pedestrians, grant a permit for the construction of such driveway; otherwise the permit shall be refused. Provided, however, the public works director may alter the dimensions, location or general plan of any proposed driveway when granting the permit therefor. The public works director, prior to granting any such permit, may require a bond of the person applying therefor in any sum deemed by it necessary, which bond shall be either a corporate-surety bond or one signed by at least two persons living in the city who can qualify severally as being worth the amount stated in the bond in property situated in the state of Washington over and above all liabilities, and not exempt from execution and conditioned that such driveway will be constructed in accordance with the permit granted therefor, said bond to be approved by the public works director before the permit is granted. (Ord. 18-03 §1 (part): prior code §11.24.030).
12.08.050 Construction--Water seepage.
All driveways shall be constructed strictly in accordance with the permit granted therefor and under the supervision of the street superintendent of the city. Whenever a curb is cut on a paved street or alley, the driveway shall be so constructed as to permanently protect the paving from seepage of water and all work shall be done by competent persons in a thorough workmanlike manner and to the satisfaction of the public works director. (Ord. 18-03 §1 (part): prior code §11.24.040).
12.08.060 Interfering--Owner to reconstruct--City action.
When, in the opinion of the public works director, any driveway over or across any sidewalk or curb on any street, alley or public highway in the city, whether the same is now or may hereafter be constructed, is such as to interfere with or be dangerous to vehicular traffic or pedestrians, or is not properly constructed, or in need of repair, the owner thereof shall be notified to remove, repair or reconstruct the same as may be determined by the public works director; whereupon it shall be the duty of such owner to remove, repair or reconstruct such driveway in accordance with the notice within twenty days after service of such notice on him. The notice shall be delivered to the owner personally, if he can be found in the city; otherwise service of the notice shall be deemed sufficient if it be left with the owner’s agent, if any is in the city, or mailed to him at his last known address. Service shall be deemed complete when delivered to such owner, or his agent, or deposited in the United States Post Office at Colfax, Washington, with proper postage, as the case may be. Unless the driveway is removed, repaired or reconstructed in accordance with the notice within twenty days after service of the same on him as herein provided, the council may have the same removed, repaired or reconstructed, and the cost thereof may be recovered by the city from such owner in a civil action. When any driveway is removed, the curb and sidewalk at the location thereof shall be replaced in the same condition as it was prior to the construction of the driveway. (Ord. 18-03 §1 (part): prior code §11.24.050).
12.08.070 Violation--Penalty.
Any person violating any of the provisions of this chapter shall be guilty of a civil infraction and shall be fined a sum not to exceed two hundred fifty dollars. (Ord. 18-03 §1 (part): Ord. 1099 §1(part), 1981: prior code §11.24.070).
12.08.080 Petition to appeal.
Any person wishing to appeal the decision of the public works director or his representative may do so in writing to the city clerk within five business days of said decision. Such appeal will then go before the board of adjustment no more than twenty days from the date of filing. The board of adjustment will then hear reasoning for the appeal and make their decision to either grant or deny the appeal. (Ord. 18-03 §1 (part)).