Note: For regulations governing excavations, construction and repair, see Ch. 13.12 of this code.
The absence of curbs, gutters, paving, sidewalks and adequate
drainage facilities within the city, is hereby found and declared
to be prejudicial to the public health, safety and general welfare
of the habitants of the city.
(Prior code § 6A.1; Ord. 942 § 1, 1964)
Any person constructing or causing to be constructed, any structure,
building, dwelling, public or semipublic parking lot, or developing
any areas in the city, shall also construct and install, at his or
her own cost, curbs, gutters, sidewalks, paving, drainage facilities
and appurtenances in accordance with the standards and specifications
of the city and in accordance with the master plan of streets and
highways of the city. Such improvements shall be constructed or installed
along all public street frontage adjoining the land upon which the
structure, building, dwelling, public or semipublic parking lot is
to be constructed, unless adequate curbs, gutters, paving, sidewalk
and drainage facilities already exist along the street frontage. Where
additional right-of-way or easements for public purposes are required,
the right-of-way or easements shall be dedicated without cost to the
city.
(Prior code § 6A.2; Ord. 942 § 1, 1964)
In areas not subdivided into parcels or lots, the improvements
required by this chapter need not extend a greater distance along
the street frontage than:
(1)
The required side yards of said building or parking lot; or
(2)
Such areas as may be used as an accessory to the principal use of
the buildings thereon.
(Prior code § 6A.3; Ord. 942 § 1, 1964)
Upon application for a building permit or permit required under Section 13.12.020, the city engineer shall provide the applicant with a notice of improvements required to comply with the provisions of this chapter. The applicant shall provide engineering plans, quantity estimates and construction staking to the engineer. Upon the filing of the engineering plans and quantity estimates, the city engineer shall estimate the cost of such improvements, the cost to be calculated using standard unit prices on file in the office of the city engineer.
Such required permits shall not be issued for any dwelling,
building, structure, public or semipublic parking lot or for the development
of any area until the city engineer certifies that the improvements
required by this chapter exist or that money in an amount equal to
the estimated cost of the construction of the improvements has been
deposited or that a performance bond has been posted with the city
to guarantee the construction of the improvements. The total estimated
cost of the improvements shall include a sum equal to five percent
of the estimated construction or installation cost of the improvements,
the sum to be for engineering inspection and plan checking charges.
(Prior code § 6A.4; Ord. 942 § 1, 1964)
Where money is deposited in lieu of installation of the required
improvements, the city shall within two years of the date of deposit
of the money cause to be constructed or installed the improvement
for which the money has been deposited. Any unused portion of the
money so deposited shall be refunded to the depositor. If the city
does not within two years from the date of deposit of the money cause
to be constructed or installed the improvements for which the money
was deposited, the money shall be refunded to the depositor.
(Prior code § 6A.5; Ord. 942 § 1, 1964)
When a performance bond is posted in lieu of the deposit of
cash or the construction or installation of the required improvements,
the bond shall be posted with the city in an amount equal to the estimated
cost of the construction or installation of the improvements.
(Prior code § 6A.6; Ord. 942 § 1, 1964)
(a)
The provisions of this chapter shall not apply to land being divided or improved under the provisions of Title 20.
(b)
The provisions of this chapter shall not apply in cases of additions
to or reconstruction or alterations of existing residential buildings
or structures where such additions, reconstruction or alterations
of existing residential buildings or structures increase the gross
floor area of the existing buildings or structures by less than fifty
percent or five hundred square feet, whichever is less.
(c)
The provisions of this chapter shall not apply in cases of additions
to or reconstruction or alterations of existing commercial or industrial
buildings or structures where such additions, reconstruction or alterations
increase the gross floor area of the existing buildings or structures
by less than twenty-five percent or five hundred square feet, whichever
is less.
(d)
The provisions of this chapter shall not apply to those specific
improvements to be installed or constructed by special assessment
district or by any approved alternate method of financing.
(Ord. 1940 § 2, 2010)
In unusual conditions or when compliance with the provisions
of this chapter would constitute an extreme hardship or would be impractical,
the city engineer may, upon written request of the property owner,
modify the requirements contained in this chapter as it may deem fit.
The city engineer's finding may not be appealed.
(Ord. 1940 § 4, 2010)
The improvement requirements of this chapter may be deferred
in part or in total upon a finding by the city engineer that the installation
of such improvements would not be feasible or practical at the time
of building permit issuance. In such case, the city engineer may require
the owner to enter into an agreement providing for the installation
of such improvements at a future date. When improvements are deferred,
the property owner shall enter into an agreement with the city for
the installation of all improvements at such time in the future as
required by the city. The agreement shall provide:
(a)
Construction of said improvements shall commence within ninety days
of the receipt of the notice to proceed from the city;
(b)
That in event of default by the owner, successors or assigns, the
city is authorized to cause said construction to be done and charge
the entire cost and expense to the owner, successors or assigns, including
interest from the date of notice of said cost and expense to the owner,
successors or assigns, until paid;
(c)
That the agreement shall be recorded in the office of the county
recorder at the expense of the owner and shall constitute notice to
all successors and assigns of the title to the real property of the
obligation set forth, and also a lien in an amount to fully reimburse
the city, including interest as above, subject to foreclosure in event
of default in payment;
(d)
That in event of litigation occasioned by any default of the owner,
successors or assigns, the owner, successors or assigns agree to pay
all costs involved, including reasonable attorneys' fees, and that
the same shall become a part of the lien against the real property;
(e)
That the term "owner" shall include not only the present owner but
also heirs, successors, executors, administrators and assigns, it
being the intent of the parties that the obligations undertaken shall
run with the real property and constitute a lien against it. The agreement
shall not relieve the owner from any other specific requirements.
The construction of deferred improvements shall conform to the provisions
of this chapter and all applicable provisions of this code in effect
at the time of construction.
(Ord. 1856 § 3, 2006)
