Sec. 35-41. Maintenance of driveways.
(a) Duty of owner or occupant. In order to ensure the safe passage of the public it is necessary that driveways installed on city property be maintained in a safe condition. Since the installation of a driveway is for the sole benefit for the owner or occupant of the real property adjoining the driveway, it shall be the duty of any person or persons owning or occupying real property adjoining any driveway installed in the public right-of-way to maintain such driveway in a safe condition.
(b) Notice to repair. Whenever the owner or occupant of any real property abutting a driveway fails to maintain the driveway in a safe condition such owner or occupant shall be notified by the city manager or his designee, that the driveway is unsafe and it shall be the duty of the owner or occupant to at once repair the same. In case of the failure of the owner or occupant to repair the driveway within five (5) days after receipt of written notice, the city manager may cause such repairs to be made at the cost of the city, and the cost thereof, which shall be collected from the party in default in the same manner as taxes are collected, including the same penalty and interest applicable to delinquent taxes.
(c) Service of notice. The notice to repair a driveway shall be served by mailing a copy of the notice to the last known address of the property owner or to the occupant by certified mail.
(d) City's cost declared lien. Any and all costs incurred by the city in the repair of a driveway under the provisions of this section shall constitute a lien against the real property adjoining such driveway, which liens shall be filed, proven and collected as provided for by law. Such liens shall be notice to all persons from the time of its recording, and shall bear interest at the legal rate thereafter until satisfied. (Ord. No. O-88-176, § 1, 7-12-88)
Last updated date: 10/23/2006 4:15:21 PM