247.327 Correction of driveway in violation of rules; applicability; notice; failure to correct; reimbursement; "constructed or reconstructed" defined.

221 words·~1 min read·/mi/chapter-247/247-327

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Sec. 7.

This act does not apply to a driveway in existence on August 6, 1969, except that if the use of the land served by the driveway is changed or expanded, and the change or expansion causes the existing driveway to be a safety hazard, the driveway shall be considered a new driveway subject to this act. A driveway that is constructed or reconstructed after the effective date of the rules issued under this act that is in violation of the rules shall be corrected by the owner within a period of time, not less than 30 days, specified in a notice of violation sent by certified mail to the owner.

If not corrected within the period required by the notice, the highway authority or its agents may perform the necessary correction and the owner shall reimburse the highway authority for the reasonable cost of correction. As used in this section, "constructed or reconstructed" does not include maintenance activities performed on a driveway, including, but not limited to, the placement of additional gravel.

History: 1969, Act 200, Imd. Eff. Aug. 6, 1969 ;-- Am. 1978, Act 83, Imd. Eff. Mar. 29, 1978 ;-- Am. 2016, Act 455 , Eff. Apr. 5, 2017