§ 146-186. Permits for sidewalks and driveways for property fronting on Canal Street.

(a)

No property owner shall install or modify a sidewalk or driveway for property fronting on Canal Street in the area bounded by Claiborne Avenue and City Park Avenue without first obtaining a permit from the director of the department of public works.

(b)

Any person desiring to obtain a permit to install or modify a sidewalk or driveway shall make application to the director of the department of public works in accordance with sections 146-141 thru 146-144.

(c)

Prior to issuing a permit, the director of the department of public works shall review the application for such a permit to assure compliance with rules, regulations and policies governing construction of driveways.

(1)

In order to avoid negative impact to adjacent trees and assure compliance with department of parks and parkways rules, regulations, and policies, the director of the department of parks and parkways shall also review the application and recommend approval or disapproval of the issuance of such permit.

(2)

Approval of all applications shall include any stipulations the director of the department of public works or the director of the department of parks and parkways determine must be met, by the property owner, prior to or during the course of, installation or modification of a sidewalk or driveway.

(d)

An application for such a permit shall include, but not be limited to, a plan diagram, including existing trees within 50 feet of the proposed work site, and construction details, including materials to be used.

(e)

If a sidewalk or driveway is installed or modified for property fronting on Canal Street in the area bounded by Claiborne Avenue and City Park Avenue without the property owner first obtaining the required permit, or complying with the application as granted by the director of the department of public works the property owner shall be responsible for any corrective action determined to be necessary.

(1)

The director of the department of public works shall notify the property owner in writing by certified mail of such noncompliance or failure to obtain a permit. Upon receiving such notification, the property owner will have 15 days from the date of receipt of notification to take corrective action as set forth by the director of the department of public works in the written notification.

(2)

The property owner shall incur all expenses for such corrective action including, but not limited to, removal of such sidewalk or driveway.

(3)

If the property owner does not comply with the written notification from the director of the department of public works for corrective action, such corrective action shall be taken by the department of public works or its agent with the property owner incurring the cost for such corrective action.

(f)

Additionally, the property owner shall be responsible for any damage or destruction caused to any public trees in accordance with the department of parks and parkways rules and regulations. The property owner shall be notified by the director of the department of parks and parkways, in writing by certified mail, of any corrective action the property owner is required to take relative to damage or destruction to any public trees as a result of sidewalk or driveway modifications or installations. Upon receiving such notification, the property owner shall have 15 days from the date of receipt of notification to take corrective action, as set forth by the director of the department of parks and parkways in the written notification. The property owner shall incur all expenses for such corrective action. If the property owner does not comply with the written notification from the director of the department of parks and parkways for corrective action, the director of the department of parks and parkways shall notify the director of the department of public works requesting that such corrective action be taken by the department of public works or its agents. The property owner shall incur the cost for such corrective action.

(g)

If the property owner does not successfully complete the corrective action as required by the director of the department of public works or the director of the department of parks and parkways, requiring the department of public works or its agent to complete such corrective action, the city attorney shall be authorized to institute appropriate civil proceedings as may be deemed necessary for the assertion or protection of the rights and interests of the city relative to the provisions of this section. This shall be in addition to any other civil or criminal penalties which may apply.

(h)

The provisions for application relative to installation and/or modification of sidewalks or driveways as set forth in this section shall supersede any other requirements relative to such work as may be set forth in this chapter.

(M.C.S., Ord. No. 27414, § 1, 6-15-17)