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 Pinellas County
 Code of Ordinances
 Chapter 98. ROADS AND BRIDGES

  § 98-5. Construction and maintenance of and liability for paver driveways.

Latest version.

  • (a)

    In addition to any other requirements of any other ordinance, paver driveways shall comply with the following:

    (1)

    Driveways must be installed and at all times maintained in compliance with Americans with Disabilities Act (ADA) requirements, as may be subsequently modified.

    (2)

    The owner of the property served by or upon which a paver driveway is or was previously installed is solely responsible for all maintenance and repair of the paver driveway within the county right-of-way. The county shall not be liable for the costs of any maintenance, repair, or replacement of the paver driveway regardless of the reason(s) requiring the maintenance or repair.

    (3)

    In the event any property owner fails to maintain and repair the paver materials within the county right-of-way, the county may, without prior notice to the property owner perform the necessary maintenance, repair or replace any portion of the driveway within the county right-of-way, using any materials approved by this Code. In no circumstances shall the county be obligated to replace pavers. Alternatively, if the director of public works deems appropriate, the property owner may be given notice and an opportunity to bring the driveway into compliance with this Code. The property owner is responsible for the costs of any repairs made by the county pursuant to this section.

    (4)

    A property owner, occupant, or agent shall regularly inspect a sidewalk composed of pavers. Where a sidewalk composed of pavers is in the public right-of-way and in violation of this Code, the owner, occupant or agent thereof, must repair or replace the damage in the manner provided in this division for the construction of new sidewalks at his or her own cost. If the owner, occupant, or third party does not repair or replace the non-complaint pavers, the county may perform any repairs or replacement the county deems is warranted at the expense of the owner.

    (5)

    It shall be a violation of this article for any owner, occupant, or agent of any property to allow sidewalks composed of pavers to be in violation of this section.

    (6)

    A paver driveway across or through the sidewalk must be installed pursuant to an approved site plan or a right-of-way use permit.

    (7)

    Approval for a paver driveway across or through the sidewalk shall not be granted for the installation of a paver sidewalk if the county has not been fully compensated for prior expenses incurred in removing, repairing, or replacing a non-compliant paver sidewalk on the subject property.

    (8)

    Approval for a paver driveway across or through the sidewalk shall not be granted for the installation of a paver sidewalk on a county road when the sidewalk maintenance responsibility, by operation of law or otherwise, is deemed to belong to a municipality.

    (9)

    A person, including the county, that is injured, aggrieved or against whom a civil action for damage, injunction, or other relief is brought to recover for injuries or damage arising out of a violation of this section, or to correct a condition in violation of this section, may bring a civil action in any court of competent jurisdiction against the adjacent or abutting property owner, occupant, or agent of such property, or third party who contributed to the violation of this section, for damages according to the percentages that the property owner, occupant, agent or third party's violation, negligence or wrongful acts or omissions contributed to any alleged injuries or damages. The county may assert as a defense in any such action that a violation of this chapter caused or allowed to be caused by an adjacent to abutting property owner, occupant, or agent of such property, or a third party reduces the county's liability in whole or in part by such property owner, occupant, or agent of such property, or third party's violation, negligence wrongful acts or omissions.

    (b)

    Violations. Violations of this section may be punishable in accordance with section 1-8 of this Code.

    (c)

    Areas embraced. This section applies in unincorporated Pinellas County, and within public right-of-way on county roads within incorporated Pinellas County.

(Ord. No. 18-48 , § 1, 12-11-18)