§ 7-1.404. Replacement of Driveways.

(a)

When Required. Driveways which are no longer required for reasonable vehicular access to the property served shall be removed and standard curb, gutter and sidewalk installed by the property owner. When the Public Works Director finds that driveways which have been constructed are no longer so required, he/she may notify the owner or person in possession of the property to remove said driveway and to replace the driveway opening with standard curb and gutter. Notice to replace may be given by delivering a written notice personally to the owner of the property, or by mailing said notice to the owner thereof at his/her last known address as the same appears on the assessment rolls.

(b)

Form of Notice. The notice shall specify what work is required to be done, and what materials shall be used in construction, and shall further specify that if construction is not commenced within thirty (30) days after notice is given, and diligently and without interruption prosecuted to completion, the Public Works Director shall cause the construction to be done and the cost of the same shall be a lien on the property.

(c)

Construction by Public Works Director. If the construction is not commenced and prosecuted to completion with due diligence, the Public Works Director shall forthwith perform the necessary work to remove the driveway and eliminate the curb cut.

(d)

Collection of Cost of Construction. Upon completion of the work, the Public Works Director shall notify the property owner and the Finance Director of the cost of construction. The Finance Director shall bill the property owner for the cost of the work and if the amount thereof is not paid within thirty (30) days from the date of billing, he/she shall record a notice of lien against the parcel of property fronting upon the curb so constructed, which lien shall continue until the cost has been paid.

The notice of lien may include claims against one (1) or more separate parcels of property, whether contiguous or not, together with the amount due, respectively for each such parcel.

(e)

Notice of Lien. The notice of lien shall be delivered by the Finance Director to the County Auditor who shall enter the amount thereof on the County assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the County Auditor before the date fixed by law for the delivery of the assessment book to the County Board of Equalization.

(f)

Manner of Collection of Lien. Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary City taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary City taxes.

(g)

Exemptions. The provisions of this section shall not apply to driveways which were constructed prior to July 9, 1959, and for which a curb replacement fee was paid.

(Amended by Ord. 782-C.S., Ord. 3071-C.S., § 1, amended during 11-98 supplement and Ord. 3366-C.S., § 1, effective 12-9-04)