Sec. 22-9. - Same—Violations.

A wilful violation of the terms and provisions of sections 22-5 through 22-9 or of the plans and specifications hereby adopted shall be a misdemeanor punishable as provided in the Code of the city adopted in 1968.

(Ord. No. 328, § 4.)

(a)

It shall be unlawful for any person having charge or control of any lot or premises, either as owner, agent, lessee, tenant or otherwise, to make improvements valued cumulatively at twenty thousand dollars or more over any consecutive five-year period to any existing structure without simultaneously constructing and installing curbs and gutters upon that portion of the premises abutting upon any public way.

(b)

No building permit shall be issued for any improvements meeting the conditions of subsection (a) of this section without first posting a bond with the city in the amount of the cost of the construction of the curb and gutter. Said cost to be determined by the director of public works. Failure to post said bond will be grounds for not issuing the building permit.

(Ord. No. 320; Res. No. 80-54; Ord. No. 431, §§ 3, 4; Ord. No. 462, §§ 1, 2.)

(Ord. No. 499, § 1, 4-15-2014)

Any person having charge or control of any unimproved lot or premises either as owner, agent, lessee, tenant or otherwise, who places any improvements which exceed at twenty thousand dollars in value upon subject premises, shall simultaneously install and construct curbs and gutters upon that portion of the premises abutting upon any public way.

(Ord. No. 320; Res. No. 80-54; Ord. No. 456, §§ 1, 2; Ord. No. 462, §§ 3, 4.)

(Ord. No. 499, § 2, 4-15-2014)

For the purposes of sections 22-9.1(a) and 22-9.2, the word "improvements" shall mean any addition to real property or any improvements already on such real property; and, any alteration of land or of any improvement already on such land, that constitutes a major rehabilitation thereof or that converts the property to a different use. A "major rehabilitation" shall mean any rehabilitation, renovation, or modernization that converts an existing improvement to the substantial equivalent of a new improvement.

(Ord. No. 499, § 3, 4-15-2014)

(a)

Where practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this article may result from the strict application of certain provisions hereof, variances may be granted as provided by this section.

(b)

The procedure shall be the same as that for a variance to the city zoning ordinance.

(c)

The replacement or repair of a structure destroyed or severely damaged by a natural disaster or an unintentional catastrophic event shall not constitute an "improvement" as such term is used in this chapter, shall be exempt from the mandatory curb and gutter provisions of sections 22-9.1 and 22-9.2, and shall not require a variance permit as would otherwise be required pursuant to subsections (a) and (b) of this section.

(Ord. No. 320; Ord. No. 465, § 1.)

The construction of any curbs and gutters as required by this article shall be done in conformance with standards and specifications on file in the office of the director of the department of public works.

(Ord. No. 320.)

The issuance of any building permit by the building official of the city shall be conditional upon the agreement in writing of the person falling within this article to construct curbs and gutters as required in this article and posting a bond for the full amount of the cost of constructing the curb and gutters. The cost is to be determined by the director of public works.

(Ord. No. 320; Ord. No. 436, §§ 5, 6.)

The building official shall deny final approval and acceptance and shall refuse to allow final public utility connections to any such building or dwelling unless curbs and gutters, where required by this article exist, 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 building official of the city and providing for such construction within ninety days.

(Ord. No. 320.)

Whenever any person having charge or control of any lot or premises, either as owner, agent, lessee, tenant or otherwise, fails to do any of the things provided in this article, it shall be the duty of the building inspector of the city to give written notice of such failure to comply with this article by posting a notice of such failure to comply with this article on the lot and also by leaving a notice with any occupant of the lot. Written notice shall also be given to the owner of the lot by depositing the notice in the post office with the postage fully prepaid at Alturas, California, and addressed to the last known address of the owner. If the owner is a nonresident, and his address is not known, the notice shall be addressed to him at Alturas, California. The notice shall briefly describe the work to be done and shall refer to this article. The notice shall contain a notification that unless the work is done within thirty days from the date of the posting of the notice on the lot, the building official shall notify the superintendent of streets to do or cause to have done the work, and the costs and expenses will be charged up and made a lien against the property.

(Ord. No. 320.)

A wilful violation of this article shall be a misdemeanor. Any wilful or intentional misrepresentation of any fact made for the purpose of influencing the action of any officer or public body therein named pursuant hereto shall be a violation of this article. Whenever any permit has been issued thereunder, and the planning commission shall find and determine that there has been a wilful violation of this article in connection with the subject matter of such permit, the planning commission may revoke such permit.

(Ord. No. 320.)