A. 
Except as provided herein, the installation of curbs, gutters and sidewalks shall be required as part of the plans for proposed construction and/or development which will change the present use of, or increase the intensity of the use as allowed in the zoning district for the property on which the construction and/or development is proposed. No building permit, use permit, encroachment permit, or other permit or license for proposed construction or land development which requires the installation of curbs and gutters and/or sidewalks shall be issued unless there is included within the plans submitted to the City, proper and adequate plans for the construction of the required curbs, and gutters and/or sidewalks on all streets abutting the real estate on which the development is proposed.
B. 
For purposes of this chapter, construction which is determined to increase the intensity of the use of the property on which construction and/or development is proposed includes and is conclusively established by, but is not limited to, the following:
1. 
The building of any new residence.
2. 
The building of any additional living area onto an existing residence. The addition of an unenclosed porch, or a garage or shop building associated with a residential use shall not be considered as building additional living area for the purposes of this section.
3. 
Any new building construction not associated with a residential use, or a land development project requiring a building permit, use permit, encroachment permit or any other permit, license, or permission from the City.
(Ord. 460 § 1, 2001)
A. 
In the event that the Planning Department or the Planning Commission, pursuant to Section 12.01.010 determines that the proposed construction and/or development will change the present use of, or increase the intensity of the use as allowed in the zoning district for, the property on which the construction and/or development is proposed, and in the event that the applicant disagrees with the said determination, an appeal may be taken to the City Council provided a written request to appeal is filed with the City Clerk no later than 10 calendar days following the determination made by the Building Department, Planning Department or the Planning Commission.
B. 
On appeal, the Council shall consider the matter "de novo" and may uphold or reverse the decision of the Planning Department or the Planning Commission in accordance with the facts presented to it on appeal.
(Ord. 460 § 1, 2001)
A. 
If no curbs, gutters, or sidewalks are in place, then new installation of the same shall be required when a building permit, use permit, encroachment permit, or other permit is issued, or permission is granted by the City for the construction of a new residence or a new nonresidential building with the development of land. The property owner shall pay all costs of such installation or repair.
B. 
If curbs and gutters and/or sidewalks, or any of them, are in place but in need of repair, the City shall require the necessary repairs to be made, including the complete replacement of substandard facilities with new facilities if necessary, before issuing any permit as set forth in this chapter, and the repairs shall be included in the plans submitted by the real estate owner, contractor, or developer.
C. 
If no curb and gutter exists within the block where new curb and gutter improvements are required, the City engineer may require that the property owner execute a deferred improvement agreement for the construction of said improvements, subject to the approval of the City Council. The property owner shall agree to pay all costs of such installation. It shall be the sole discretion of the City whether to enter into a deferred improvement agreement with the property owner or to require immediate installation of the improvements.
(Ord. 460 § 1, 2001)
A. 
Owners of property abutting curbs, gutters, and sidewalks, or possessors of curbs, gutters and sidewalks, shall have the duty of maintaining and repairing the same and shall be subject to all of the liabilities and procedures prescribed by Chapter 22, Division 7, Part 3, commencing at Section 5600, of the Streets and Highways Code of the State of California. The City shall have all rights therein provided, including the right to lien and collection.
B. 
For the purpose of this section, maintenance and repair of curbs, gutters, and sidewalks shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips and curbs, so that the curbs, gutters, and sidewalks will remain in a condition that is not dangerous to property or to persons using the curbs, gutters, and sidewalks in a reasonable manner and will be in a condition which will no interfere with the public convenience in the use of said curbs, gutters, and sidewalks.
(Ord. 504 § 1, 2007)
The property owner required by Section 12.01.032 to maintain and repair curbs, gutters, and sidewalks shall owe a duty to members of the public to keep and maintain the curbs, gutters, and sidewalks in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain curbs, gutters and sidewalks in a nondangerous condition as required by Section 12.01.032, any person suffers injury or damage to person or property, the property owner shall be liable to such persons for the resulting damages or injury.
(Ord. 504 § 2, 2007)
A. 
The City Council of the City of Live Oak may authorize the repair of curbs, gutters and sidewalks on a case-by-case basis through a resolution to expend City funds, if available, in cooperation and/or cost share with a property owner required by Section 12.01.032 of this chapter or in absence of cooperation with a property owner as required by Section 12.01.032 of this chapter.
B. 
The City Council of the City of Live Oak may declare the expenditure of City funds, if available, for curb, gutter and sidewalk maintenance and repairs as a project of benefit to all residents of the City. Such action shall not affect the maintenance and liability provisions of Sections 12.01.032 and 12.01.034 imposed upon adjacent property owners. The expenditure of funds for maintenance and repairs of curb, gutter and sidewalk shall be recommended by the City Manager as part of the annual budget process and approved by the City Council with the adoption of the annual budget.
C. 
The City Council of the City of Live Oak authorizes the Public Works Director to establish a policy for the collection of an "in-lieu" fee as an alternative to entering into a deferred improvement agreement for the construction of curbs, gutters and sidewalks. This "in-lieu" fee policy will be presented to the City Council for approval and shall be updated by the Public Works Director as deemed necessary. The Finance Director is authorized to account for the curb, gutter and sidewalk "in-lieu" fees in a separate fund within the City's financial system.
(Ord. 504 § 3, 2007)
The construction of curbs and gutters and/or sidewalks shall be deemed to be an integral part of the overall construction when such construction is required as a condition of the permit, as set forth in this chapter, and the premises shall not be passed upon for occupancy by the building inspector until the required curbs and gutters and/or sidewalks are properly and completely installed.
(Ord. 460 § 1, 2001)
A. 
If the property owner does not provide for the required curbs and gutters and/or sidewalks, as set forth in this chapter, the City may install the required curbs and gutters and/or sidewalks at its sole expense, after which the City may charge the land owner, and place a lien against the land for all costs incurred.
B. 
In this regard, the City shall hold a public hearing on the matter, giving 10 days' notice to the land owner of its intention to commence construction of the curbs and gutters and/or sidewalks, at which hearing the land owner may appear and object and/or agree to forthwith comply with this chapter.
C. 
If the land owner has not complied within 30 days of the public hearing, then the City will proceed to install the curbs and gutters and/or sidewalks; and upon completion thereof will hold another public hearing, giving 10 days' notice to the land owner, to assess the costs thereof.
D. 
At the meeting, the costs shall be assessed and if the land owner does not make payment within 30 days, a resolution establishing the costs shall be recorded by the City in the office of the Recorder of the County and filed with the Tax Collector of the County, and shall then become a lien upon the land involved.
(Ord. 460 § 1, 2001)
The City will make no additional charge for the engineering services in regard to the establishment of design alignment and grade parameters for the curbs and gutters and/or sidewalks.
(Ord. 460 § 1, 2001)
The City will furnish the engineering elevation criteria for the curbs and gutters and/or sidewalks to the land owner or his or her duly authorized contractor or agent; and the curbs and gutters and/or sidewalks shall be installed to the design grades approved, by the City Engineer in accordance with the City Improvement Standards.
(Ord. 460 § 1, 2001)
The City reserves to itself any other remedies available at law and shall not be limited by the lien provided for in this chapter.
(Ord. 460 § 1, 2001)
Failure to comply with the requests set forth in this chapter shall be deemed a misdemeanor and shall be punishable as such.
(Ord. 460 § 1, 2001)