The existence of dirt sidewalks and dirt curbs or gutters adjoining
dwellings and buildings within the city, or conversely, the lack of
adequate curbs, gutters and sidewalks, is found and declared to be
dangerous to the public health, safety and welfare of the inhabitants
of the city.
(Prior code § 12-501)
It is declared to be the policy of the city that concrete curbs,
gutters and sidewalks be installed along the street line or lines
for any lots or parcels hereinafter improved with construction, erection,
modification, addition or the moving of any dwelling or other building
as specified in this chapter.
(Prior code § 12-502; Ord. 547, 1978; Ord. 814 § 2, 2019)
A.
Any
person arranging for any of the following improvements to real property
in the city must also arrange for the construction of concrete curb,
gutters, and sidewalks in accordance with city specifications:
1.
The
construction, erection, or placement of a dwelling or other building
on an unimproved parcel.
2.
The
construction of an addition or modification to an existing dwelling
that will increase the square footage of the habitable space of the
dwelling and the cost of the improvement(s) is greater than fifty
percent of the value of the existing improvements as determined by
the county assessor as shown on the last equalized assessment roll,
or as shown in a broker's opinion of value or an appraisal issued
by a duly qualified professional within the previous twelve months,
whichever is higher.
3.
The
construction of an addition or modification to an existing building,
other than a dwelling, that will increase the square footage of the
building and the cost of the improvement(s) is greater than fifty
percent of the value of the existing improvements as determined by
the county assessor as shown on the last equalized assessment roll,
or as shown in a broker's opinion of value or an appraisal issued
by a duly qualified professional within the previous twelve months,
whichever is higher.
B.
Where
curbs, gutters, sidewalks, or any combination thereof, are required
under this section, the cost of constructing the curbs, gutters, sidewalks,
or any combination thereof, will be limited to twenty-five percent
of the cost of the work to construct the improvement(s). In such a
case, the city will determine which of the required curb, gutter,
and sidewalk improvements are to be constructed.
C.
Prior
to the issuance of any building permit, the public works department
shall determine whether curbs, gutters and sidewalks are required.
A written statement shall be placed on the building permit, or attachment
thereto, stating whether improvements are required and if improvements
are required, a description of the required improvements.
(Prior code § 12-503; Ord. 547, 1978; Ord. 801 § 2, 2018; Ord. 814 § 2,
2019)
A.
Deferred
improvement agreements for the installation of curbs, gutters and
sidewalks may be allowed when the following conditions are satisfied:
1.
The
surrounding neighborhood is absent similar improvements;
2.
Agreements
do not exist for installation of street improvements for all properties
between the subject property and existing improvements of the type
being required; and
3.
There
are no capital improvement projects identified in the current capital
improvement program for installation of the required street improvements
within the next seven years; and
4.
The
deferral of the street improvements is not in conflict with any other
adopted city council policy.
B.
When
improvements are deferred, the owner shall enter into a twenty-year
agreement with the city for the installation of all curb, gutter and
sidewalk improvements at a future date as determined by the city.
The agreement shall provide for the following:
1.
The
agreement shall be acceptable to the public works director and city
attorney;
2.
Construction
of required improvements shall begin within ninety days of the receipt
of notice to proceed from the city;
3.
In
the event of default by the owner or successors, the city is authorized
to cause the construction to be done and charge the entire cost and
expense to the owner or successors, including interest from the date
of notice of the cost and expense until paid;
4.
This
agreement shall be recorded in the office of the county recorder at
the expense of the owner and shall constitute notice to all successors
of 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;
5.
In
event of litigation caused by any default of the owner or successors,
the owner or successors agree to pay all costs involved, including
reasonable attorney's fees, which shall become a part of the lien
against the real property;
6.
The
term "owner" shall include not only the present owner, but also heirs,
successors, executors, administrators and assigns, with the intent
that the obligations undertaken shall run with the real property and
constitute a lien against it; and
7.
Any
other provisions deemed necessary by the city.
(Ord. 794 § 2, 2016)
The building inspector shall deny final approval and acceptance, and shall refuse to allow final public utility connection, to any such building or dwelling unless such curbs, gutters and sidewalks exist or are constructed, or unless money or a bond to guarantee their construction is deposited with the city in a sum equal to the estimated cost of' the construction of such improvements, as determined by the public works department of the city, or if an executed deferred improvement agreement has been approved and recorded on the property pursuant to Section 12.04.035.
(Prior code § 12-504; Ord. 794 § 2, 2016)
