7.435 Access Connections – Permit Alteration and Revocation – Connection Closure.
(1) The city manager or manger’s designee may, after providing notice to affected property owners and tenants, alter or revoke an access connection permit issued pursuant to section 7.385 of this code if:
(a) The access connection is not constructed according to specification; or
(b) The access connection is not maintained in a safe manner; or
(c) The access connection becomes hazardous due to traffic congestion. The determination that an access connection is hazardous to the public’s use of the right-of-way shall be based on traffic engineering principles and traffic investigations.
(2) Any person aggrieved by administrative action of the city manager or the manager’s designee taken under the provisions of section (1) may appeal the action in the same manner as provided in section 5.045 of this code.
(3) If an access connection not permitted pursuant to section 7.385 of this code is deemed by the city manager or manager’s designee to be hazardous to the public’s use of the right-of-way, the access connection shall be relocated and/or reconstructed by the owner(s) of the property served by the subject access connection. The determination that an access connection is hazardous to the public’s use of the right-of-way shall be based on traffic engineering principles and traffic investigations.
(a) Upon determination by the city manager or manager’s designee that an existing access connection is a hazard to the public’s use of the right-of-way, the city shall send the owner(s) of the property served by the subject access connection notice of the determination.
(b) The owner(s) of the property served by the subject access connection may appeal the determination in accordance with section 5.045 of this code.
(c) If no appeal is filed within the time specified in section 5.045 of this code, the owner(s) of the property served by the subject access connection shall have 90 days from the date of the notice to relocate and/or reconstruct the access connection to conform to the provisions of this code and adopted design standards.
(d) If the owner fails to relocate and/or reconstruct the access connection to conform to the notice within 90 days, the city manager or manager’s designee will cause the relocation and/or reconstruction to be completed and all expenses will be assessed against the property owner.