§ 190.

OFFICIAL GRADE – PROCEEDINGS ON CHANGE

The grade to which any work shall be done shall be such as may be shown on the exhibit plan or plans therefor, or it may be done on such a grade as may formally have been established by the Supervisors. If any official grade already has been established for any of the public ways proposed to be improved, it shall be lawful for the order of said Director declaring his intention, to provide that said work shall be done to new grades or grades different from those so established, and said order shall refer to exhibit plan or plans for the description of the grade at which the work is to be done. Any property owner whose property is to be assessed to pay the costs of the proposed work may at the time fixed in said order for hearing objections appear before said Director and object to the proposed grade or proposed modification of grade. A failure to make objection at such time shall be deemed to be a waiver of all objections to the proposed grade or proposed change of grade and shall operate as a bar to any claims for damages or any subsequent action looking to the prevention of the work or the recovery of damages on account of the performance of the work to such grade or changed grade. The provisions of this Section relative to grades are alternative and do not affect other provisions of law relative to change of grade.

History

(Amended by Ord. 321-69, App. 11/10/69)

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