Bell Municipal Code Ch. 15.18 Permit Issuance Conditions

Notwithstanding any other provision of this code to the contrary, no building permit shall be issued for any building or structure to be located upon any real property located within the city, unless and until compliance is had with Chapter 2.64 of this code, relating to the architectural review board.

(Ord. 1253 § 2, 2020)

A. Public Improvements Required. Any building permit issued pursuant to the provisions of this code for the construction or reconstruction of any building or structure, the estimated cost of which is in excess of $10,000, shall be issued subject to the condition that the permittee shall construct, reconstruct or repair, as applicable, curbs, gutters and sidewalks, at his or her sole expense, in and along all street frontage abutting the lot or lots on which the building or structure is located or to be located.

B. Construction of Improvements.

1. Location. To insure uniformity of development and adaptation to local conditions, curbs, gutters and sidewalks shall be located as designated by the director of community services.

a. Public Right-of-Way. Curbs, gutters and sidewalks shall be constructed within the dedicated public right-of-way, except as hereinafter provided.

b. Insufficient Right-of-Way. Whenever the public right-of-way is of insufficient width to permit the location of the improvements therein, the improvements shall be constructed wholly or partially on private property, and thereafter the improvements so located on private property shall be deemed the property of the property owner and shall be maintained by him or her until such time as an offer of dedication as to the improvements and right-of-way is made by the owner and accepted by the city.

2. Standards of Construction. Curbs, gutters and sidewalks shall be constructed in accordance with city standards.

3. Width of Sidewalks.

a. Residential Zones. Sidewalks in all residential zones shall be a minimum width of five feet, except where a greater or lesser width is authorized by the director of community services in order to adapt the width of sidewalks to existing local conditions and situations.

b. Commercial and Manufacturing Zones. Required sidewalks in all C and M zones shall be constructed in and along the entire width of all parkway areas abutting the lot or lots for which a building permit is issued in accordance with subsection A of this section, except (1) for such portions of the parkway area in which the owner desires to install landscaping, the plans for which have been submitted to the director of community services for approval; and (2) relating to such lots where a greater or lesser width is authorized by the director of community services in order to adapt the width of sidewalks to existing local conditions.

4. Faulty or Defective Curbs, Gutters or Sidewalks. Whenever the director determines that existing curbs, gutters, sidewalks or driveway approaches are faulty or defective and represent a danger to the public safety, he or she shall condition the issuance of such a building permit issued in accordance with subsection A of this section so as to require the repair or removal and reconstruction of such improvements.

5. Abandoned Driveway Approaches. Whenever the director finds that existing driveway approaches and depressed curb sections are no longer being, or will no longer be, used as a result of the proposed construction pursuant to the building permit issued in accordance with subsection A of this section, he or she shall condition the issuance of such building permit so as to require the removal of such driveway approach and depressed curb and the replacement of same with standard height concrete curb and sidewalk in those areas requiring sidewalk adjacent to the curb.

C. Failure to Construct Improvements.

1. Declaration of Nuisance. The city council does declare that where curbs, gutters, sidewalks and/or driveway approaches are required to be constructed, replaced or repaired as a condition of issuance of a building permit pursuant to this section, the failure to construct, replace or repair such improvements by the owner of the property to which such building permit relates is a public nuisance.

2. Notice to Construct. Where the director finds that such improvements were required to be constructed pursuant to this section but have not been so constructed and more than 30 days have elapsed since the completion of the building or structure for which the building permit was issued, he or she shall notify the owner of such property, by United States mail, postage prepaid, addressed to his or her last known address, that unless construction of such improvements is commenced within a period of not to exceed 15 days from the date of mailing of such notice, and thereafter completed with due diligence, a public hearing will be held before the city council to determine whether a public nuisance exists by reason of the failure to construct such improvements. The notice shall also state that if such nuisance is found to exist by the city council, such improvements will be constructed in order to abate such nuisance, and that the cost of such abatement, including but not limited to administrative costs incurred therein, will be assessed against the property pursuant to Section 38771 et seq., of the Government Code of the State of California.

3. Hearing. Where such improvements have not been constructed and the director gives the notice hereinabove referred to, if the property owner fails to commence, and thereafter complete, the construction within the time permitted therefor, as hereinabove set forth, the city clerk shall set the matter for hearing before the city council and shall give not less than five days' written notice to the owner of the subject property, and to any other person having a legal or equitable interest in or to such property, of the time and place of the public hearing before the city council. At the time of such hearing, if the city council finds, based upon evidence presented, that the improvements were required by this section and have not been constructed and completed in accordance with the city's specifications therefor, it shall declare that such condition constitutes a public nuisance and shall direct the director of community services to abate such nuisance by causing the construction of such improvements.

4. Abatement of Nuisance.

a. The director shall keep an accounting of the costs of the construction of such improvements, including all applicable administrative expenses incurred in connection therewith, and upon completion of such construction he or she shall report the cost thereof to the city council. Upon receipt of a report of such costs, the city clerk shall set the matter for hearing before the city council and shall give not less than five days' written notice to the owner and any other person having a legal or equitable interest in such property of the time and place of the hearing to consider and confirm or modify and confirm such costs.

b. At the time set for such hearing, the city council shall review the report of the director of community services, and if it finds that the report of such costs represents the actual expenses to the city for the abatement of such nuisance, including administrative expense, it shall confirm the costs as proposed by the director, or if the same so require, it shall modify the same to ensure an equitable assessment of such costs for the nuisance abatement against the owner of the property. Upon such costs being confirmed or confirmed as modified, the city clerk shall certify the results of such confirmation proceeding to the county tax assessor and tax collector and such amounts as confirmed in the time and manner as set forth in Section 38771 et seq., of the Government Code.

(Ord. 1253 § 2, 2020)

The director may deny final approval and acceptance and final public utility connections for any building or dwelling until:

A. Curbs, gutters, sidewalks and/or driveway approaches are constructed or such construction and installation is guaranteed by the deposit with the city of cash, or an instrument of credit as that phrase is defined in Section 11612 of the Business and Professions Code of the State of California in an amount determined by the director to be sufficient to cover all costs of the required construction including labor, materials and overhead.

B. Whenever the director determines that due to a proposed future street widening, it is impractical to construct curbs, gutters, sidewalks and/or driveway approaches as required by Section 15.04.050 of this chapter, he or she shall require that the applicant for the building permit relating to property affected by such widening to deposit with the city treasurer an amount equal to the estimated cost of construction of such improvements and require the applicant to execute an agreement with the city, to be executed by the director on behalf of the city, permitting the city to cause such improvements to be constructed using the proceeds of such deposit, at such time as it is practical in the judgment of the director of community services, to so construct.

(Ord. 1253 § 2, 2020)