Lindsay Municipal Code § 12.28 Curb, Gutter And Sidewalk Construction

At such time as two-thirds of all the property owners in any given block on one or both sides of any given city street or right-of-way in the city, file or cause to be filed with the city clerk an agreement whereby the city and the property owners agree to the installation of sidewalks upon such street, it shall be mandatory that sidewalks be installed for the entire block of the city street or right-of-way as the case may be.

(Ord. 255B § 1(a), 1970: Ord. 255A § 2, 1969: Ord. 255 (part), 1956)

The cost of installation of the sidewalks shall be borne by the property owner of the real property adjacent to and abutting the street along which the installations are made. The payments therefor shall be made in accordance with the terms of the agreement entered into by the property owners and the city, or may be made in accordance with the provisions of the ordinance codified herein.

(Ord. 255B § 1(b), 1970: Ord. 255A § 3, 1969: Ord. 255 (part), 1956)

All noncontracting property owners upon or adjacent to whose property sidewalks may be installed in accordance herewith will be billed for the cost of the sidewalks so installed adjacent to or abutting their real property by the city clerk, upon the completion of such installation. The assessment shall be payable in full on or before thirty days after date of mailing the same. The property owners may avail themselves of the provisions of the ordinance codified herein, for the payment of such assessment, the city may place a lien upon the real property being the subject of the unpaid assessment in accordance with the provisions of the ordinance codified herein.

(Ord. 255B § 1(c), 1970: Ord. 255A § 4, 1969: Ord. 255 (part), 1956)

In the event that the operation of the provisions codified in this section and Sections 12.28.010 through 12.28.030 should cause major undue financial hardship upon any property owners in a given block, the property owner may petition the city council for a waiver of the operation of this section and Sections 12.28.010 through 12.28.030 and the city council may hold a hearing upon the petition and grant or deny the petition after the receipt of and consideration of any and all evidence introduced for and on behalf of the petitioner.

(Ord. 255B § 1(d): Ord. 255A (part), 1969: Ord. 255 (part), 1956)

Where no satisfactory curb and gutter exist and as a condition to the granting of lot splits, parcel maps, approval and/or building permits for new construction within the city, the city shall require that the applicant or permittee in all cases shall install curbs and gutters upon the street upon which the real property or any part or portion thereof abuts.

(Ord. 255C § 1(a), 1973: Ord. 255 (part), 1956)

"Satisfactory curb and gutter" are defined as curb and gutter that is installed as to location, type and grade approved by the public works director. Such curb must conform to existing curb and gutter in design and grade in accordance with the requirements of the public works director.

(Ord. 255C § 1(b), 1973: Ord. 255 (part), 1956)

In the event of existing nonconforming curb and gutter, the curb and gutter shall be removed and replaced in accordance with the provisions of this chapter and Chapter 3.20.

(Ord. 255C § 1(c), 1973: Ord. 255 (part), 1956)

In the event that a program for installation of curb and gutter is being actively undertaken pursuant to the provisions of Sections 12.28.010 through 12.28.040, the applicant or permittee may satisfy the provisions of this section and Sections 12.28.060 and 12.28.070 by joining in such undertaking and executing an agreement for such installation as may be required thereby, and the installation of such curb and gutters may be undertaken as part of and in accordance with the terms of the agreement, and the applicant or permittee may at its, his or her option avail itself, himself or herself of the financing provisions set forth in the provisions of the ordinance codified herein for the installation of such curb and gutter. The applicant or permittee shall not be required to make any installation of curb and gutter pursuant to the agreement until such time as all other installations are being made pursuant to such agreement.

(Ord. 255C § 1(d), 1973: Ord. 255 (part), 1956)