Subtitle 19 – Grading and Paving Permits

It is unlawful for any person, firm, or corporation to do any grading, paving, or repaving of any public street, lane, or alley, or of any private street, lane, or alley used or intended to be used by the public:

Noncompliance with any 1 of the 3 requirements described in subsection (a) of this section constitutes a violation of this section.

to refuse to issue a permit for any grading, paving. or repaving that, if done or constructed as proposed, would menace the public safety, security, or health;

to require that all grading, paving, and repaving work conform to the true lines and established grades of the streets, lanes, and alleys; and

to require that all grading, paving, and repaving work shall be done under the Director’s supervision and in accordance with plans and specifications approved by the Director.

the plans and specifications for the proposed work;

the traffic of all kinds that may be reasonably expected on the streets, lanes, and alleys;

current practice in such grading, paving, and repaving work;

experience with grading, paving, and repaving theretofore done and installed;

the probable life of the proposed paving or repaving;

the estimated cost of the grading, paving or repaving;

the cost of maintenance of any such paving or repaving;

whether proper and adequate drainage is existing or will be provided;

what utilities are to be installed before any paving or repaving is to be done;

whether the proposed grading, paving, or repaving conforms to the true lines and established grades of the streets, lanes, or alleys involved;

any risks, hazards, and dangers to the traveling public which may be involved in the proposed grading, paving, or repaving, or any failure or inadequacy thereof; and

the probability of any of the private streets, lanes, and alleys becoming public highways in the future by operation of law or otherwise.

All grading, paving, and repaving work shall be done in accordance with the requirements of the Director of Transportation as to construction, line, and grade.

The Director of Transportation is further authorized and empowered:

If the nonconformities are not corrected within a reasonable time or, in the judgment of the Director of Transportation, the work actually done has created conditions that menace the public safety, security, or health in the use of the streets, lanes, or alleys as thoroughfares, then the Director of Transportation is authorized and empowered to do any and all work, acts, and things that, in the Director’s judgment, are necessary to eliminate the menace to the public safety, security, or health at the cost and expense of the person, firm, or corporation creating the conditions, which cost and expense shall be a lien on the abutting property of that person, firm, or corporation, until paid.