Escalon Municipal Code Ch. 12.04 Curbs, Gutters and Sidewalks

The existence of unimproved curbs, gutters, sidewalks and streets adjoining dwellings and buildings within the city is found and declared to be prejudicial to the public health, safety and welfare of the inhabitants of the city.

(Ord. 95 § 1, 1967; Ord. 589 § 3 (Exh. A), 2022)

As used in this chapter, the term "person" means and includes any person, firm, partnership, association, corporation, company or organization of any kind.

(Ord. 95 § 5, 1967; Ord. 589 § 3 (Exh. A), 2022)

Any person who constructs or causes to be constructed any building or dwelling in the city shall construct curbs, gutters, and sidewalks in accordance with the city specifications along all street frontage adjoining the property upon which such building or dwelling is constructed, unless adequate curbs, gutters, and sidewalks already exist; provided, however, that in areas not subdivided or parceled into lots of one-half acre or less, such curbs, gutters, and sidewalks need not extend a greater distance than the side yards or the side and rear yards in the case of corner lots. Whether or not adequate curbs, gutters, and sidewalks already exist shall be determined in each instance by the building inspector of the city, and an endorsement to that effect shall be made upon each building permit at the time it is issued.

(Ord. 95 § 2, 1967; Ord. 589 § 3 (Exh. A), 2022)

The building inspector shall deny final approval and acceptance, and shall refuse to allow final public utility connections, to any such building or dwelling unless said curbs, gutters, and sidewalks 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 said improvements as determined by the public works department of the city.

(Ord. 95 § 3, 1967; Ord. 589 § 3 (Exh. A), 2022)

The regulations prescribed in EMC § 12.04.030 and § 12.04.040 shall not apply to any lot:

A. Where the building or dwelling construction began prior to the effective date of the ordinance codified in this chapter;

B. That contains an existing, habitable, residential dwelling;

C. In any case where the city engineer certifies to the building inspector that, because of the existing grade or conformation of the street adjacent to said building or dwelling, it is not feasible to install curbs, gutters and sidewalks.

(Ord. 95 § 4, 1967; Ord. 589 § 3 (Exh. A), 2022)

It is unlawful and constitutes an infraction for any person to violate or fail to comply with any provision of this chapter.

(Ord. 95 § 7, 1967; Ord. 470, 2003; Ord. 589 § 3 (Exh. A), 2022)