REPAIR OF DRIVEWAYS

Orlando City Code ch. 54, art. V

in effect

Orlando City Code § 54.59 "Driveway"—Defined; Other Definitions.

Sec. 54.59. - "Driveway"—Defined; Other Definitions. The definitions contained in Section 54.02 of this Chapter shall apply to this article, except that for the purposes of this article the term "driveway" shall be defined to be that portion of the parkway lawfully used for ingress and egress to the street from the abutting private property consisting of asphalt, pavement, concrete, brick or other paving material, but excluding the sidewalk.

Orlando City Code § 54.60 Same—General Repairs.

Sec. 54.60. - Same—General Repairs. Except as provided herein, driveways are deemed to be for the private benefit of the adjoining property owner and all repairs and general maintenance shall be the responsibility of the adjoining property owner, subject to the conditions and restrictions contained elsewhere in this Code.

Orlando City Code § 54.61 Same—Tree Root Damage.

Sec. 54.61. - Same—Tree Root Damage. Driveways damaged by the trunk or roots of a tree which is located within the City parkway shall be repaired by the City at its expense, provided the owner, occupant, or their designee or agent notified the City in writing in a timely manner that tree or tree root growth was damaging or appeared to be about to damage the driveway. For the purposes of this section the City shall be deemed to have been notified in a timely manner if the City was notified when: (1) A crack in the driveway caused by tree or tree root growth first appeared, (2) The driveway first began to be raised or shifted by tree or tree root growth, or (3) It was first detectable that the tree trunk or roots were present in the vicinity of the driveway in such a manner as to pose an eminent threat of damage to the driveway, whichever occurs first.

Orlando City Code § 54.62 Same—Investigation and Repair of Damage.

Sec. 54.62. - Same—Investigation and Repair of Damage. Upon receipt of written notification concerning driveway damage by tree or tree root growth, the City Engineer or his designee will investigate the reported damage to determine if the City has received timely notice in accordance with Section 54.61 and if the driveway has been damaged by a tree located in a City parkway. If the City Engineer determines that the City has received timely notice and the driveway has been damaged by a tree located in a City parkway, then the City Engineer shall initiate the appropriate action to repair the driveway. If the City Engineer determines that the City has not received timely notice or that the driveway has not been damaged or is not about to be damaged by a tree located in a City parkway, then the City Engineer shall notify the inquiring party of his determination. Which determination shall be final and binding on the inquiring party, unless the inquiring party requests an administrative review of the determination of the City Engineer.

Orlando City Code § 54.63 Same—Administrative Review.

Sec. 54.63. - Same—Administrative Review. To exercise the right to administrative review the inquiring party shall send a written notice to the Director of Public Works of the City of Orlando within thirty (30) days following receipt of the written notice from the City Engineer requesting that the Director review such determination. The Director shall review the matter and come to a determination on the matter. For purposes hereof, the failure of the Director to make a determination within thirty (30) days following the inquiring party's request shall be deemed upon the expiration of such thirty-day (30) period to constitute a determination supporting the position of the City Engineer. If the inquiring party disagrees with the determination of the Director the inquiring party shall have the right to an administrative review of the determination by the Orlando City Council. In order to exercise this right, the inquiring party within fifteen (15) days following receipt of the written notice from the Director containing the said determination or following the expiration of the thirty-day (30) period, shall, by certified mail, send a written notice to the Orlando City Council requesting that the City Council schedule a hearing thereon within thirty (30) days following receipt of such notice, notify the City Engineer and the inquiring party of the date and time of the hearing and permit them to present evidence and argument thereat. After such hearing, the City Council shall come to a determination on such matter, and such determination shall be binding upon all parties and shall constitute the official position of the City with respect to such subject matter.

Orlando City Code § 54.64 Same—Future Prevention of Damage.

Sec. 54.64. - Same—Future Prevention of Damage. Upon receipt of written notification concerning driveway damage, the City shall endeavor to take such preventive steps as it deems appropriate to attempt to prevent or reduce future damage to the driveway by a tree located in a City parkway including but not limited to, trimming the roots, removing the tree, or shielding the tree or its roots.

Orlando City Code § 54.65 Same—Subsequent Damage.

Sec. 54.65. - Same—Subsequent Damage. After the City has investigated or repaired the driveway in accordance with this article, the owner shall have the duty to notify the City in a timely manner of any subsequent tree or tree root growth damage or appears to be about to damage the driveway.

Source: City of Orlando, Florida, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/fl/orlando/codes/code_of_ordinances?nodeId=TITIICICO_CH54STSI_ARTVREDRFetched: 11/1/2026