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:without first obtaining from the Director of Transportation a permit for that work; without conforming to the construction requirements of the Director of Transportation for these streets, lanes, and alleys; or without conforming to the true lines and established grades of such streets, lanes, and alleys. Noncompliance with any 1 of the 3 requirements described in subsection (a) of this section constitutes a violation of this section. City Code, 1950, art. 35, §21 1966, art. 26, §43 1976/83, art. 26, §47 Ord. 49-580 Ord. 76-139 Ord. 15-435

The Director of Transportation is authorized and empowered: 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. City Code, 1950, art. 35, §22 1966, art. 26, §44 1976/83, art. 26, §48 Ord. 49-580 Ord. 76-139 Ord. 15-435

In determining whether any proposed grading, paving, or repaving would menace the public safety, security, or health and in approving or disapproving plans and specifications, the Director of Transportation shall consider the following: 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. City Code, 1950, art. 35, §23 1966, art. 26, §45 1976/83, art. 26, §49 Ord. 49-580 Ord. 76-139 Ord. 15-435

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:to stop, at any time or times, any grading, paving, or repaving work that:is being done without a permit from the Director; or is not being done in accordance with the Director’s requirements as to construction, line, or grade; and to continue the work stoppage until the nonconformities are corrected by and at the cost and expense of the person, firm, or corporation for whom the work is being done or constructed. 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. City Code, 1950, art. 35, §24 1966, art. 26, §46 1976/83, art. 26, §50 Ord. 49-580 Ord. 76-139 Ord. 15-435

No approval of any application nor the issuance of any permit by any municipal officer, department, bureau, or agency other than the Director of Transportation may be construed to authorize the doing of any of the grading, paving, or repaving work described in this subtitle or to relieve any person, firm, or corporation from compliance with the provisions of this subtitle. City Code, 1950, art. 35, §25 1966, art. 26, §47 1976/83, art. 26, §51 Ord. 49-580 Ord. 76-139 Ord. 15-435

Any person, firm, or corporation violating any of the provisions of this subtitle or any order or requirement of the Director of Transportation under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of $50 for each offense and a like sum of $50 for each and every day the violation continues. City Code, 1950, art. 35, §26 1966, art. 26, §48 1976/83, art. 26, §52 Ord. 49-580 Ord. 76-139 Ord. 15-435