Monterey Municipal Code Div. 1 Generally

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

Abandoned driveways. Any driveway for which there is no immediate reasonable use as such, or where the use or condition of the abutting property has so changed that the driveway is no longer needed.

Curb return. That portion of existing or proposed curb that connects fronting curbs at the corner of intersecting streets and alleys.

Driveway. Any approach to and from the street for vehicular access to private property. This access may be over or upon the curbing, parking or planting strip areas, and shoulder and ditch areas between pavement edge and property line when frontage improvements do not exist.

The purpose of this Article is to provide for reasonable vehicular access from public streets or alleys to private property. It is the policy of the City to limit the number of driveway approaches to any one parcel of property commensurate with the economic enjoyment of property in order that there shall be a minimal disruption of pedestrian and vehicular circulation on the public sidewalks and streets, and the elimination of the least number of on-street parking spaces.

All work for which a permit has been issued under this Article shall be inspected as deemed necessary by the Public Works Director as defined in Section 38-11 or his authorized representative. The permittee shall notify the Public Works Director 24 hours in advance of all required inspections. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

All notices required by this Article to be given by a permittee to the Public Works Director shall be given to him at his office at the City Hall and all notices to be given to the permittee shall be deemed to have been received by him if mailed by certified mail to the address shown on the permit. The permittee is further required to notify the Public Works Director when the work covered by the permit has been completed. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

The permittee under this Article shall be responsible for all liability imposed by law for personal injury or property damage proximately caused, permitted and done by the permittee under his permit, or proximately caused by failing, on the permittee’s part, to perform his obligations under such permit or to properly maintain such improvement as provided in Section 32-54. If any claim of such liability is made against the City, its officers or employees, the permittee shall defend, indemnify and hold them harmless from such claim insofar as permitted by law.

Whenever the Public Works Director determines that the provisions of this Article have not been complied with, he shall give notice to the owner, such notice to contain a description of the deficiencies, and he shall set a time limit in which the deficiencies shall be corrected. If the work is not completed within the time set forth in the notice, the Public Works Director shall notify the City Council of such failure and he shall give notice to the owner to show cause why such work should not be done at City expense and the cost thereof placed as a lien against the property. Such notice shall be given by delivering a copy to the City Clerk and mailing, postage prepaid, by certified mail, or by personal service to the property owner at least ten (10) days prior to the City Council meeting at which it is to be heard. At the conclusion of the hearing, the City Council may order such work to be done at City expense and upon completion of the work the Public Works Director shall bill the property owner the cost of such work, including incidental expenses, and shall notify the City Clerk of such cost. The City Council may declare the cost of such work, including all administrative costs, to be a lien or special assessment against the property. The lien or special assessment shall be imposed as provided in Article 3 of Chapter 1 of the Monterey City Code, Sections 1-2.26 through 1-3.03 inclusive. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009; Ord. 3365, 2005)

a. Right of appeal.Any person aggrieved by the action of the Public Works Director under this Article may appeal such decision to the City Council.

b. Method of filing appeal.Such aggrieved person shall file notice, in writing, with the City Clerk within seven (7) days after notice of final action of the Public Works Director.

c. Action of City Council.The City Council may affirm, modify or reverse the action of the Public Works Director from whom the appeal is taken. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)