Chapter 12.05 — CURBS, GUTTERS AND/OR SIDEWALKS IN FRONT OFPREVIOUSLY DEVELOPED PARCELS

12.05.010 Curb and gutter construction--generally.

12.05.012 Sidewalk construction--generally.

12.05.015 City participation in cost of construction.

12.05.020 Notice to construct.

12.05.030 Hearing and filing of objections.

12.05.040 Construction and notice of cost.

12.05.045 Conditions of waiver of hearings.

12.05.050 Maintenance of curb and gutter improvements.

12.05.060 Maintenance of sidewalk improvements.

12.05.070 Parkway trees--plantings and care.

The owners of lots or portions of lots fronting any public street or place shall have the duty of constructing or causing the construction of curbs and gutters in front of their properties upon notice to do so by the director of public works:

A. Pursuant to section 12.04.010 of this title, or

B. When that street or place has been improved by the construction of curbs and gutters for a total frontage of more than fifty percent on one side of such street or place in any block; or

C. Where a petition signed by the owners of more than sixty percent of the front footage of any part of an unimproved portion or portions of a block has been filed with the city clerk requesting the installation of such improvements in front of said part; or

D. Whenever the city council of the city upon its own motion orders the installation of such improvements in front of said part.

(Ord. 645, 1995; Ord. 521 § 1(part), 1987).

The owners of lots or portions of lots fronting any public street or place shall have the duty of constructing or causing the construction of sidewalks in front of their properties upon notice to do so by the director of public works:

A. Pursuant to section 12.04.010 of this title; or

B. When said construction is required as a condition of a permit, or license issued by the city, or an approval granted by the city for improvements to be constructed on, or development of said property; or

C. When the city approves a request by the property owner and issues an encroachment permit to install sidewalk; or

D. Whenever the city council of the city upon its own motion orders the installation of sidewalk improvements in front of said property.

• (Ord. 645, 1995; Ord. 521 § 1(part), 1987).

A. The city shall pay one-half of the actual cost of construction of the curbs and gutters and/or sidewalks, but not more than one-half of the cost that the city would have incurred to construct the same improvements, under the following circumstances:

1. Construction of curbs and gutters and/or sidewalks is required or approved pursuant to Sections 12.04.010, 12.04.020, 12.05.010, or 12.05.012 in front of a parcel upon which exists a building habitable and fit for human use and occupancy; and

2. City funds specifically budgeted pursuant to this section for such projects have not already been expended.

B. Except as provided herein, the city shall not be responsible and shall not pay for the construction of curbs and gutters and/or sidewalks in front of property which:

1. Is a vacant lot; or

2. Is developed with a building which is not habitable or fit for human use or occupancy; or

3. Is property capable of further subdivision; or

4. Involves the building of any new residence or the building of any additional living area onto an existing residence that is greater than 100 square feet.

C. The city shall not, without approval of the city council obtained at a public hearing following notice to the owner of the real property and notice to the public at least ten days prior to the date of the hearing, contribute to the construction of any curb and gutter and/or sidewalk in excess of one hundred fifty feet frontage, per block, for any one parcel.

D. Subject to other provisions of this section, the city may agree to pay up to one-half of the cost of construction of curbs and gutters and/or sidewalks in front of property that is vacant, provided that:

1. The vacant property is a presubdivided, legal "lot of record" that is combined with a developed property as a part of a single assessor's parcel number; and

2. The owner of the property enters into an agreement to reimburse the city for its share of the cost of constructing improvements in front of the vacant property, if the owner sells the vacant property separately from the developed property within ten (10) year of the time of construction of the curbs and gutters and/or sidewalks. The agreement shall be recorded as a lien against the property for a period of ten (10) years, after which the lien shall be released and the agreement shall be voided.

(Ord. 793, 2010; Ord. 736, 2004; Ord. 645, 1995; Ord. 521 §1(part), 1987).

A. When the director of public works finds that construction of sidewalks or curbs and gutters in situations listed in Section 12.05.010, or sidewalks in situations listed in Section 12.05.012 has been guaranteed to his satisfaction, said director of public works may, and upon instruction by the city council shall, notify the owner or person in possession of property fronting on that portion of the street in such block in which no sidewalks or curbs and gutters have been constructed therefore, to construct or cause to be constructed sidewalks or curbs and gutters in front of his property.

• B. Notice may be given by delivering a written notice personally or by mailing a postal card.

• C. Notice shall also be posted on the property.

• D. The notice shall specify as follows:

1. Work to be done;

2. What materials shall be used in the construction;

3. The extent to-which the city will share in the cost of the construction of the improvements on the property;

4. That if construction is not commenced within sixty days after date of notice and diligently and without interruption prosecuted to completion, the director of public works shall cause the construction to be done and the cost of same shall be a lien on the property. However, the sixty-day waiting period may be waived upon petition of all the affected property owners.

(Ord. 521 § 1 (part) , 1987).

The notice, described above, shall specify the day, hour and place when the city council will conduct a hearing and pass upon any objections. The hearing will be scheduled no sooner than ten days from date of notice.

(Ord. 521 § 1(part), 1987).

A. If construction is not performed by the property owner, the director of public works shall construct the sidewalks, or curbs and gutters.

B. Upon the completion of the construction, the director of public works shall cause notice of the cost of the construction to be given, which notice shall specify the day, hour and place when the city council will hear and pass upon a report by the superintendent of streets director of public works of the cost of the construction, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such construction and any other interested persons. In no case shall the hearing provided for in this section be sooner than ten days after giving of notice.

C. Upon the completion of the construction, the director of public works shall prepare and file with the city council a report specifying the work which has been done, the cost of construction, a description of the real property in front of which the work has been done and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof.

D. Upon the day and hour fixed for the hearing the city council shall hear and pass upon the report of the director of public works, together with any objections or protests which may be raised by any of the property owners liable to be assessed for such construction and any other interested persons. Thereupon the city council may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The city council may adjourn the hearings from time to time. The decisions of the city council on all protests and objections which may be made, shall be final and conclusive.

(Ord. 521 § 1(part), 1987).

Notwithstanding the foregoing provisions of this chapter, when all of the property owners involved both (1) request that the city construct the curb and gutter and/or sidewalk in front of their property, and (2) pay to the city, in full, at least thirty days prior to the commencement of the construction of the work of improvement, the full cost of the construction as determined by the director of public works, no hearing is required.

(Ord. 521 § 1 (part), 1987).

12.05.050 Maintenance of curb and clutter improvements.

A. Curbs and gutters, after initial construction, shall be maintained and are the responsibility of the city. Damaged curbs and/or gutters shall be repaired or replaced at the discretion of the city at city expense. Trees located in the city right-of-way which are determined to be the cause of damages to curbs and gutters will be removed by the city prior to any repairs being made to the curb and gutter involved.

B. If, however, a tree which is located on private property causes damage to the curb and gutter, the property owner will be notified as provided by law and advised to abate the problem and notified that failure to remove the tree will cause the city to remove it at the property owner's expense. If the property owner does not remove the tree within thirty days, the city will do so and bill the property owner for the cost of removal. If the property owner does not render payment within thirty days, a lien will be placed against the property and collection will be commenced according to law, following a hearing before the city council utilizing the same procedures set forth in Section 12.05.040.

(Ord. 521 § 1(part), 1987).

A. Sidewalks, after initial construction, are the joint responsibility of the property owner and the city. Damaged sidewalks shall be repaired or replaced at the discretion of the city; the city shall be responsible for the first two hundred dollars of the costs; thereafter, the city shall be liable for fifty percent of the remaining costs and the property owner shall be liable for fifty percent of the remaining costs. Trees, wherever located, which are determined by the Director of Public Works to be cause of recurring damages to a particular sidewalk will be removed by the city. Trees which are located within the city right-of-way, which are causing damage to sidewalks, will be removed by the city at no cost to the property owner. However, trees which are located on private property which are causing damage to sidewalks will be removed by the city with the costs charged to the property owner.

B. If a property owner petitions the city not to remove a particular tree which has caused damage to sidewalk and/or curb and gutter, and the city grants the petition, the property must bear the total cost of all repairs to sidewalks, curbs and gutters, present and future at the sites in question.

(Ord. 620, 1993; Ord. 521 § 1 (part), 1987).

A. Trees planted or removed within city street right-of-way shall be subject to the approval of the city.

B. Trees located in the right-of-way shall be trimmed and maintained by the city at the discretion of city crews as the need arises, however, the property owner is encouraged to care for these trees also.

C. Trees will not be trimmed for beautification purposes on request of the property owners.

D. If a tree located on private property has limbs protruding into public right-of-way which are determined by the city to be a hazard, said limbs only will be trimmed by city crews. All other trimming of trees located on private property will be the responsibility of the property owner.

E. Bushes, shrubs and tress are not to be planted or removed in the city right-of-way unless specifically approved by the city. Only those trees which appear on the city's approved list of street trees will be approved by the city. Any new plantings not approved by the city shall be removed by the property owner, or will be removed by the city at the property owner's expense.

(Ord. 772 § 1, 2007; Ord. 521 § 1(part), 1987).