Delano Municipal Code Ch. 12.20 Street Improvements—repair

Footnotes:

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Prior ordinance history: Ords. 224, 511, 754 and 968.

Any owner, lessee, agent, licensee, or other person, corporation, association or firm who is:

A. Constructing or arranging for the construction of a building, dwelling, or any other improvement; or

B. Arranging for the remodeling, improving, modifying or otherwise altering in any manner whatsoever, an existing building, dwelling or other improvement upon any lot or parcel of real property in the city, shall provide for the construction of any nonexistent Portland concrete curbs, gutters, sidewalks and driveway approach aprons, or the repair of, along all street frontages, adjoining a lot or lots, parcel or parcels of land in which the building, dwelling or other improvements are to be constructed or remodeled or modified. A wheelchair ramp shall be required at the corner, on corner lots, and/or at long blocks at "Tee" intersections as directed by the city engineer.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

In the event construction or improvement is being made upon a portion of an undeveloped parcel and the portion to be developed does not exceed fifty percent of the entire undeveloped parcel, the curbs, gutters, sidewalks, wheelchair ramps and driveway approach aprons shall be provided on the street frontage so that the improvements will extend the length of the building or improvement and include the side yard requirements thereto. In determining whether the developed portion exceeds fifty percent, the entire portion shall be considered a portion of the parcel on which the building or other improvement rests together with all yard requirements of the zoning ordinance and any amendments thereto.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

Improvements as required and outlined in Sections 12.20.010 and 12.20.020 shall be subject to the following restrictions:

A. No curb, gutter, sidewalk and driveway aprons shall be required for maintenance work or if the cost of on-site remodeling, building or construction is less than twelve thousand dollars;

B. Curb and gutter shall be required, if the cost of on-site improvements is between twelve thousand and fourteen thousand dollars. If curb and gutter exist, then sidewalks, wheelchair ramps and driveway aprons shall be installed;

C. Installation of curbs, gutters, sidewalks, wheelchair ramps and driveway aprons shall be required if the cost of the on-site improvements are fourteen thousand dollars or greater;

D. Installation of curbs, gutters, sidewalks, wheelchair ramps and driveway aprons adjacent to a corner lot may be reduced by the sidewalk adjacent to one of the streets if the cost of the on-site improvement is less than fourteen thousand dollars;

E. On-site improvement cost shall be the value as determined in applicable sections of the Uniform Building Code and shall be the total cost of the improvements within a twelve-month period;

F. Maintenance work (e.g., reroofing) shall be exempt from these requirements.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

Whenever it is deemed necessary by the city that it is in the best interest of the city and its inhabitants to defer the construction of the required curbs, gutters, sidewalks and driveway approaches to a later date because of the unavailability of grades from the office of the city engineer, incorporation of the area within an improvement district for the improvements, future planning, or for any other reasons approved by the city council, the owners of the property developed shall deposit with the city cash or bond to be written by a corporate surety company in the sum equal to fifteen dollars per lineal foot of curb and gutter and six dollars and seventy cents per lineal foot of sidewalks required by the provisions of Sections 12.20.010 through 12.20.080.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

In the event construction of the curbs, gutters, sidewalks and driveway approaches is not commenced within four years from the date of the deposit of the cash or the execution of the bond, the city may upon application by the property owner, return the cash or surety bond to the depositor or extend the period of the deposit.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

In the event the construction of the sidewalk is not feasible due to street locations, hardship due to fire or acts of God, topography or other physical factors, the city council may waive the provisions of the chapters that apply to sidewalks, curbs, gutters and driveway aprons, upon application of the owner of the property or other person to whom this chapter may apply and upon hearing the recommendation of the city engineer.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

The building inspector shall deny the issuance of a building permit unless the building plans and specifications therefor provide for curbs, gutters, sidewalks and driveway aprons in compliance with the requirements of the chapter and shall deny final approval and acceptance to any building, dwelling or to other improvements unless and until the curbs, gutters, sidewalks and driveway aprons exist or are constructed in accordance with the provisions of this chapter or unless and until the cash deposit or surety bond provisions of this chapter have been complied with.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

Any appeal from any decision or ruling by any city employee charged with the enforcement of this chapter may be made in writing to the city council within ten days of the date of the decision of the employee. The city council shall notify the applicant of the time and place for the hearing of his appeal.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

It is unlawful for any person, firm or corporation to deface, mar or destroy in any manner any public street, sidewalk, curb or gutter, or any other public property of any kind. Where for any temporary purpose it is necessary to drive a vehicle over, upon or across any curb or sidewalk at a place other than a driveway approach, the curb and sidewalk area must be substantially protected by two-inch planks laid tightly together and across the area involved and removed before dusk of the same day.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

When in the interests of public safety and convenience it is found necessary to construct or repair any curbing, driveway or sidewalk it shall be the duty of the city engineer or his authorized representative to notify in writing the owners of such abutting property when such construction or repairs are required.

Such notice shall specify that if the construction is not commenced within one month or repairs not commenced within seven days after the postmark date on the envelope bearing such notice, the city engineer shall make such construction or repair and the cost thereof shall be paid to the city by such owner.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

If such cost is not paid before the time to pay the regular taxes it shall be collected at the same time and in the same manner as ordinary city taxes are collected and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes, pursuant to Section 5629 of the Streets and Highways Code of the State of California.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

Any property owner whose property is to be assessed to pay the costs and expenses of such proposed construction may make objection in writing to the city manager during the one-month period before mentioned. It shall then be the duty of the city manager to inform the city council that such objection has been made and arrange for a hearing before the city council before proceeding with the proposed construction.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

A failure to make objection within the specified time shall be deemed a waiver of all objections to the proposed construction. Repairs made necessary to protect the public from danger must be made as provided in Sections 12.20.100 and 12.20.110.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

Any person, firm, association, partnership or corporation violating any of the provisions of Sections 12.20.090 through 12.20.110 or who causes, permits or suffers the same to be done is guilty of a misdemeanor.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).