Article I — General Provisions

No curb, gutter or sidewalk shall be constructed within the public rights-of-way of the city until and unless the person or persons intending to do the work have obtained a permit to do such work from the superintendent of streets of the city.

(Ord. 96-11 § 29: prior code § 8100)

Standard specifications, dimensions, alignments and grades for curbs, gutters and sidewalks in each block within the city, shall be prepared by the city engineer for approval by the city council. Such standards, when approved, shall be adopted by resolution of the city council. A suitable record of such standards adopted by the city council shall be maintained in the council chambers. A copy of that portion of such standards applicable to the work proposed shall be furnished to each applicant for permit.

(Prior code § 8101)

The city engineer shall establish grade and alignment for curbs, gutters and sidewalks at the site of proposed work, prior to the construction of forms.

(Prior code § 8102)

The city engineer shall inspect and approve all forms for curbs, gutters and sidewalks, before the placing of concrete.

(Prior code § 8103)

There is established a fund in the city treasury to be known as the curb and gutter and/or sidewalk revolving fund, and there is transferred to the fund, from the general fund of the city, the sum of five thousand dollars ($5,000.00).

(Ord. 96-08 § 1 (part): prior code § 8105)

At any time that the owner or owners of real property with one hundred (100) or more feet of contiguous lineal frontage in any one block petition the city council to construct along the block curbs and gutters and/or sidewalks, and agree to pay the cost of such improvement, as provided in this chapter, the city council may order the improvement to be made, under the direction of the director of public works, the costs of the improvement to be taken from the curb and gutter and/or sidewalk revolving fund. In those cases where less than one hundred (100) 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 provided in this section. No petition to construct only sidewalks shall be approved where curb and gutter improvements have not been completed or requested concurrently therewith.

(Ord. 96-08 § 1 (part): prior code § 8106)

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:

Cost of Period of Improvement Payment

$100.00 or less Within five days after completion of improvement.

$100.01 to $200.00 $100.00 within five days after completion of work, balance within one year.

$200.01 to $300.00 $100.00 within five days after completion of work, balance in two equal annual installments.

$300.01 to $400.00 $100.00 within five days after completion of work, balance in three equal annual installments.

$400.01 to $500.00 $100.00 within five days after completion of work, balance in four equal annual installments.

$500.01 or over $100.00 within five days after completion of work, balance in five equal annual installments.

(Ord. 96-08 § 1 (part): prior code § 8107)

At the time of payment of any annual 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. Concerning improvements consisting of curbs and gutters, 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 cost 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 on its investments of surplus or unneeded funds.

(Ord. 96-08 § 1 (part): prior code § 8108)

Alternatively to the method of payment set forth in Section 12.04.080 of this chapter, the owners of real property of any parcel of land which is improved may elect to pay the cost of such improvement in six equal bimonthly payments, which bimonthly payments shall include interest on the unpaid balance of costs of construction at the rate of six percent per year. 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 bimonthly. 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 that payments are not made within forty-five (45) days after installments are due, the total unpaid balance shall be collected in the manner set forth in Sections 5890 through 5894, inclusive, of the Streets and Highways Code of California, as the same may from time to time be amended. In the event of hardship, and upon application to the city council, payment of the costs of improvement may be made in bimonthly installments numbering more than six, but not more than twelve (12). The city council shall, in its sole discretion, authorize payment of costs of improvement in more than six bimonthly installments.

(Ord. 96-08 § 1 (part): prior code § 8109)

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. 96-08 § 1 (part): prior code § 8110)

Any owner, builder, contractor, agent, or any other person violating any of the provisions of this article shall be guilty of a misdemeanor and subject to the penalties provided in Section 1.12.010 of this code. In addition, any such person violating any of the provisions of this article shall be liable for the cost of removing and/or replacing any curbs, gutters or sidewalks not in conformance with the standards adopted by the city council; and the city shall have the right to institute in a court of competent jurisdiction, an action at law against the violator for recovery of such cost.

(Prior code § 8104)