Except as provided in Section 13.08.020, any owner, lessee or agent or any other person or persons constructing or arranging for the construction of any commercial or industrial building or residential dwelling structure, or addition thereto, exceeding 400 square feet in floor area, shall provide for the construction of Portland concrete cement curbs, gutters and sidewalks, street pavement between the gutter and centerline of the street fronting the property, and pavement between the edge of pavement and centerline of any alley adjoining the property, in accordance with the standard specifications of the city.
(Ord. 4574 § 2, 2007; Ord. 5279 § 9, 2014)
The provisions of Section 13.08.010 may be modified by the city engineer under the following circumstances:
A.
Curbs
and gutters only shall be required where the topography is such that
the installation of sidewalks would be impractical.
B.
Curbs, gutters or sidewalks need not be installed where the street grade cannot readily be established by the city engineer, or where the street for practical reasons has not been graded to an established grade which would enable proper location of curbs, gutters or sidewalks provided that the applicable provisions of Section 13.08.040 are complied with.
C.
Curbs,
gutters and sidewalks and street pavement already exist to the satisfaction
of the city engineer along all street and alley frontages adjoining
the lot or lots on which the building or dwelling is to be constructed.
(Ord. 4574 § 2, 2007)
Curbs, gutters and sidewalks, and additional pavement if required,
shall be located within the street right-of-way at the locations and
grades established by the city engineer and per the City of Roseville
design and construction standards. In the event that additional right-of-way
is required to maintain consistency with the City of Roseville design
and construction standards, the property owner shall dedicate that
additional right-of-way to the city.
(Ord. 4574 § 2, 2007)
A.
Notwithstanding
any other provisions of this chapter, the construction of curbs, gutters
or sidewalks can be delayed:
1.
If
there is less than 35 percent of curb or sidewalk installed on the
same side of the street in the block of which the property is a part;
or
2.
If the city engineer determines that the conditions set forth in Section 13.08.020(B) exist; provided, that the property owner signs a deferred improvement agreement with the city that the owner will construct curbs, gutters or sidewalks when 35 percent of the footage on the same side of the street within the owner's block shall have curbs or sidewalks installed or agreed to be installed, or when the city engineer determines that the conditions set forth in Section 13.08.020(B) have been sufficiently corrected to make possible the construction of curbs, gutters or sidewalks.
B.
This
section does not apply if the property is located on one of the suggested
routes to school streets. The curbs, gutters and sidewalks are required
to be constructed by the property owner at the time of development
or improvement and shall not be delayed.
(Ord. 4574 § 2, 2007)
When any portion of any sidewalk is out of repair or in condition to endanger persons or property, or in condition to interfere with the public convenience in the use thereof except as to those conditions created upon, along or in connection with such sidewalk by the city, or resulting from root or trunk growth of street trees as defined in Section 8.04.030, the city engineer, in the manner provided by state law, shall notify the owner or person in possession of the property abutting or fronting upon that portion of such sidewalk so out of repair, to repair; and upon a failure of the owner or person in possession to repair, the city engineer shall cause such repairs to be made and the cost thereof to be assessed against the abutting or fronting property.
(Ord. 4574 § 2, 2007; Ord. 5279 § 9, 2014; Ord. 5638 § 1, 2016)
Prior to construction of any such improvements, the project
applicant or his or her agent or contractor shall obtain an encroachment
permit from the development services engineering division. All improvements
shall comply with the City of Roseville design and construction standards.
The building official shall deny final approval and acceptance
on final public utility connections to any building or dwelling until
the curbs and gutter or curbs, gutters and sidewalks exist or are
constructed.
(Ord. 4574 § 2, 2007; Ord. 5638 § 2, 2016)
A person directly and adversely affected by a decision made
by the city engineer pursuant to the provisions of this chapter may
appeal the city engineer's decision by filing a written notice
of appeal with the city council no later than 10 working days after
receiving notice of the city engineer's decision. The notice
of appeal shall set forth the name, mailing address and telephone
number of the person appealing. The notice of appeal shall include
or attach a statement describing the action being appealed, setting
forth the grounds for the appeal, and describing the action requested
of the city council. The scope of the appeal shall be limited to the
grounds specified in the notice of appeal. No later than 30 days after
the filing of a timely notice of appeal, the city council shall render
a decision on the appeal. A copy of the city council's decision
shall be provided to the person appealing at the address shown on
the notice of appeal.
(Ord. 4574 § 2, 2007; Ord. 5279 § 9, 2014; Ord. 5638 § 3, 2016)
A violation of the requirements of this chapter is punishable
as an infraction.
(Ord. 4574 § 2, 2007)
