Chapter 12.04 — CURB AND GUTTER CONSTRUCTION

For statutory provisions on construction of sidewalks and curbs, see Str. and Hys. Code §5870 et seq.; for provisions on city street work revolving funds, see Gov. Code §43420 et seq.; for provisions on city power to construct curbs and gutters, see Gov. Code §40401 (f) and (g).

Chapter 27 of the Improvement Act of 1911, consisting of Sections 5870 through 5894 of the Streets and Highways Code of the state of California, is adopted by reference, together with all amendments thereto.

(Ord. 146 §1, 1958).

There is established a fund in the city treasury to be known as the curb and gutter revolving fund, and there is transferred to the fund, from the general fund of the city, the sum of five thousand dollars.

(Ord. 146 §2, 1958).

The following definitions shall be used when construing this chapter:

A.

"Block" one side of any street, between intersecting streets means alleys shall not be considered as streets.

B.

"Improvement" means curbs, gutters or sidewalks, or any combination thereof.

C.

"Owners of real property" means the owners of record as the same appear upon the records of the county assessor.

D.

"Unimproved property" means property which does not have curb and gutter, or curb or gutter abutting the property.

(Ord. 146 §7, 1958).

At any time that the owner or owners of real property with one hundred or more feet of contiguous lineal frontage in any one block petition the city council to construct along the block curbs and gutters, and agree to pay the costs of such improvement, as provided in this chapter, the city council may order the improvement to be made, under the direction of the superintendent of public works, the costs of the improvement to be taken from the curb and gutter revolving fund. In those cases where less than one hundred lineal feet remain unimproved with curb and gutter on any one block, the owner or owners thereof may petition the city council to construct the curb and gutter as herein provided.

(Ord. 392 §1, 1982: Ord. 146 §3, 1958).

At such time as all the owners of unimproved property along any block have joined in asking that the improvement be made, they shall severally agree in writing that they will pay the cost of construction, proportionately as the improvement is made abutting their property, within five days after the completion of

such construction and notification of their share of the costs, or alternatively that they will pay the same in the following manner:

Any owner of a parcel of land which is improved in the manner described herein may elect to repay the city over time by paying the city a one-time administrative fee of five percent of the total amount to be repaid and then paying installments as follows:

The city manager and/or public works director shall have authority to modify the number and frequency of such installment payments by agreement with the property owner as long as the maximum term for repayment is not extended.

(Ord. 587 §1, 2001; Ord. 146 §4(part), 1958).

At the time of payment of any installment, the owner is to pay interest upon the unpaid balance of costs of construction, in addition to the principal payment, at a rate of interest set by resolution of the city council. Upon completion of the improvement, the procedure set forth in Sections 5881, 5882 and 5883 of the Streets and Highways Code shall be followed. Collection of the costs of improvement shall be made as provided by Sections 5890 through 5894, inclusive, of the Streets and Highways Code of California, as the same may from time to time be amended . The city council shall, from time to time, fix a rate of interest which shall at all times be not less than the highest rate of interest paid to the city of Corning on its investments of surplus or unneeded funds.

(Ord. 587 §2, 2001; Ord. 392 §2, 1982: Ord. 146 §4(part), 1958).

As an alternative to the method of collection set forth in Section 12.04.060 of this chapter, the owners of any parcels of land which are improved as described herein may elect to pay the costs of such improvements in installments billed to them on their monthly water and sewer statements. Such installment payments shall include interest on the unpaid costs of construction at a rate set by resolution of the city council. Such payments shall commence on the first month following completion of the improvement and notification of the share of costs to be paid; and such installment payment shall be included as a separate item on the city water and sewer statement sent to the landowner each month. In the event that the landowner does not have city water and sewer service, a separate billing shall be made to the landowner. In the event of hardship, and upon application to the city council, the repayment schedule for the costs of improvements may be extended beyond twelve consecutive monthly installments but for a period not to exceed thirty-six consecutive monthly installments.

(Ord. 587 §3, 2001; Ord. 146 §4(part), 1958).

All sums paid to the city as repayment of costs of construction, or interest, shall be credited to the curbs and gutters revolving fund.

(Ord. 146 §5, 1958).

In the event that petitions are received for the making of improvements which will exceed in cost the sums available in the revolving fund, the city council shall, at its sole discretion, determine the priority of improvement to be made, giving primary consideration to the health and welfare of the citizens of the city, and secondary consideration to the order of receipt of the petitions.

(Ord. 146 §6, 1958).