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Ordinance 568 - Private Driveways5�4 rZ ORDINANCE NO. 568 AN ORDINANCE REGULATING THE CONSTRUCTION, RECONSTRUCTION AND USE OF PRIVATE DRIVEWAYS, FROM THE CURB LINE OF THE STFdW-TO THE PROPERTY LINE ADJOINING THERETO, IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF KALISPELL, BE- gUIRING A PST AND THE PAYMENT OF A PERMIT FEE THEREFOR, DEFINING THE BOUNDARIES OF SAID CENTRAL BUSINESS DISTRICT, AND PROVIDING PENALTIES FOR VIOLATION OF THE TERMS ZMEOF. WHEREAS, the need for vehicle parking space in the Central Business ' District of the City of Kalispell, Montana has reached an acute stages and, WHEREAS, in the past street curbs have been out, removed and laid over for private driveways in said District without City regulation or supervision, to the detriment of the safety and convenience of the general public; and, WHEREAS, many such driveways are of excessive width, are dangerously located or their use has been abandoned without restoration of the blabs, requiring that the Council of the City of Kalispell henceforth supervise and regulate the construction, reconstruction and use of said driveways in the interest of public safety and the interest of the general public, NOW, THMWORE, BE IT ORDAINED HY THE COUNCIL OF THE CITY OF KALISPELL, MONTANA: Section 1: Central Business District, as used herein, shall be con- strued to mean and include that portion of the City of Kalispell included and embraced in No. 4 Business Districts, No. 5-A Business -Residence Districts and No. 5-B Business -Residence Districts as defined in Ordinance No. 500 of the City of Kalispell, Montana. Section 2: The word "Driveway", as used herein, shall be construed to mean any curb out or removal or ramp,whereby access from the curb line of the street to the property line is provided. Section 3: The City Engineer stall, upon passage of this Ordinance, certify to the Council of the City of Kalispell all existing private drive- ways off streets and avenues located within the Central Business District of said City, as hereinabove defined, Driveways constructed thereafter, subject to the terms of this Ordinance, shall be certified to the City Treasurer upon the completion of construction. Such certification shall show the location of each driveway, the type of driveway, i.e., whether the curb has been cut, removed or laid over, the number of linear feet in width of the driveway and the name a4d address of the owner of property abbtting thereon. Section 4, Thirty (30) days from and after the certification of existing driveways, as hereinabove provided, the cutting, removal or use of any street curb within the above $ascribed District for driveway purposes shall be subject to the regulations and payments of the permit fees as here- inafter provided. Section 5. The owner of property abutting upon any driveway within the purview of this Ordinance, or the tenant thereof, if.he be authorized so to do by such owner, shall apply to the City Council for a permit to maintain and use such driveway. Upon approval thereof, the City Treasurer shall issue a permit, expiring on the 30th day of June following such application, upon the payment of the following permit fee therefore For any driveway of Eleven (11) linear feet or less, no charge; For any driveway of over eleven (12) linear feet but not to exceed twenty- two (22) linear feet, $1.00 per linear fagot of width for each foot or fraction thereof exceeding eleven linear feet up to and including twenty- two (22) linear feet; for any driveway exceeding twenty-two (22) linear feet in width, $1.00 per linear foot of width for each foot or fraction thereof exceeding eleven (11) linear feet up to and including twenty --two (22) linear feet and $2.00 per linear foot of width for each foot,or fraction thereof exceeding twenty-two (22) linear feet. For the purpose of determining the permit fee hereunder, driveway entrances to the same property which are less than twenty-two feet (22) apart shall be considered as one curb out, removal or use. The minim permit fee ',4 n any case shall be not leas than $2.50, for any driveway or out in excess of eleven (11) linear feet in width. Annual fees required by the terms of this Ordinance shall be payable in advance on or before the lst day of July of each year, or in the event of new construction within thirty (30) days after the completion of such construction. In the absence of a denial of the renewal. Of a permit' by the: Council. of the City of .KdlispeA. Teaewal:T= spenesiibe-years shall be granted upon the payment of said permit fee. Where a new permit is issued between July let and December 31st, inclusive, of any year, then the entire annual permit fee shall be charged. If the permit is issued between January 1st and June 30th, inclusive, of 9" year, the permit shall be one-half of the regular fee; provided, however, that if the permittee shall have secured his permit during the first one-half of the permit year the full permit fee shall be charged. Section 6. The construction or reconstruction of any private driveway in said District shall be under the direction and supervision of the City Engineer and shall conform with standard specifications on file in the City Engineer's Office of said City. Application by the owner or his authorized agent must be made to the Council of said City for permission to construct or reconstruct such driveways. Upon Council approval of said application, the City Engineer's Office shall furnish written authorization for such construction or reconstruction , which authorization must be available for inspection on the job at all times. In the event line or grade stations are required, the same will be set and charged for by the City Engineer. Section 7. In the event any permittee or abutting property owner shall fail or refuse to pay the permit fee, as provided herein, within thirty (30) days after the same shall become due and payable, the City Treasurer shall so notify the City Engineer. Thereupon, said Engineer shall notify by registered mail such permittee or property owner of the termination of the right to use such curb out or driveway. Said notice ' shall order such permittee or abutting property owner to restore all curbing and sidewalk and remove the driveway subject to the permit fee hereunder. In the event that within thirty (30) days from and after the mailing date of such notice, the permit fee has not been paid or the curb and sidewalk restored to its original condition, the City Engineer is authorized to cause restoration to be made as he may deem advisable and to charge the cost thereof against the abutting property owner, which said cost shall constitute a lien against said premises. Section 8. Nothing herein shall be construed so as to prevent the City Council from ordering the construction or recontruction of any curbs within said District removed in connection with the construction of a driveway, where it is felt that it is in the public interest so to do, providing that thirty (30) days} written notice thereof is given to the owner of the property abutting upon such driveway and an opportunity presented to such property owner to -appear before the City Council of said City and be heard. Section 9. All permit fees or penalties and recoveries provided for herein shall be credited and paid to the Street Fund of the City of Kalispell, Montana, to be used to defray costs and expenses incurred by said City in the supervision and enforcement of the terms hereof. Section 10. Any person, firm, or corporation who shall be found 1 guilty of violating any of the terms of this Ordinance, upon conviction thereof shall be fined in any sum not exceeding ONE HUNDRED AND NO/lOo DOLLARS ($100.00). Each days violation of the terms of this ordinance, after proper notice thereof, shall constitute a separate offense. Section 11, All other Ordinances or parts of Ordinances in con- flict herewith are hereby* repealed and amended insofar as they so conflict. Section 12. This Ordinance shall be in full force and effect upon the expiration of thirty (30) days from its passage and approval. PASSED by the Council of the City of Kalispell, Montana, this 6th day of February 1950, and APPROVED by the Mayor of said City on the 6th dap of February, 1950. F. H. Keller ATTEST: C. H. Brewer Mayor a _ er 596 2t I, C. H. Brewer, City -Clerk of the City of Kalispell, Montana, do hereby certify that on the 6th day of February, 1950, I posted a copy of the foregoing ordinance in my office and the same remained posted for a period of five days and the foregoing is a true copy of the ordinance as passed by the City Council of the City of Kalispell, Montana