Porterville Municipal Code Art. III Curbs and Gutters

There is hereby created, set up and established a curb, gutter and sidewalk revolving account for financing and paying for the installation of curbs, gutters, sidewalks, alleys and paveouts in the city.

The curb, gutter and sidewalk revolving account shall be used, employed and expended for the sole and only purpose of and in providing property owners of improved real property with necessary and required money for building, erecting and completing curbs, gutters, sidewalks, alleys and paveouts in, on and along the public streets and highways in the city adjacent to improved real property of such of the owners as may elect to cause curbs, gutters, sidewalks, alleys and paveouts to be built, erected, constructed and completed, and payment therefor to be made from the curb, gutter and sidewalk revolving account. (Ord. Code § 3323.4; Ord. 827 § A, 7-6-1965; Ord. 1337, 9-3-1985)

A. Owners of improved real property electing to avail themselves of financing the installation of curbs, gutters, sidewalks, alleys and paveouts from the curb, gutter and sidewalk revolving account, and electing to have curbs, gutters, sidewalks, alleys and paveouts built, erected, installed and completed, and payment therefor made from the curb, gutter and sidewalk revolving account shall make written application therefor to the city manager and, if such application is acceptable to the city, shall enter into a written contract with the city for financing and payment therefor from the curb, gutter and sidewalk revolving account.

B. Such owners shall, in the written agreement, bind, contract and obligate themselves to reimburse and repay to the city all funds and monies withdrawn or disbursed from the curb, gutter and sidewalk revolving account amortized in monthly payments with the entire amount thereof to be fully refunded and repaid to the city within a period of time not exceeding five (5) years from the date of such agreement and on such terms and under such conditions as may be set forth in the written agreement, with all unpaid balances to bear interest at the rate of ten percent (10%) per annum from the date of the agreement. The owners of the real property and the applicant in agreement shall agree that any installment payment with accruing interest, as specified and set up in the agreement, remaining unpaid for ten (10) days from the due date thereof, may be assessed as taxes against the real property of the owner or applicant thus benefitted, and the amount of money unpaid shall constitute a special assessment against the parcel of real property thus benefitted, and shall be a tax lien on the property for the amount thereof with the accruing interest, and shall continue to be a lien thereon until the full amount thereof and all accruing interest is paid and discharged in full.

C. The administrative services director or designee of finance shall, at the appropriate time each year, cause to be filed with the tax assessor of the county of Tulare a description of the property together with the name of the owner or reputed owner thereof against which such special assessment shall be made, and the installment then due and unpaid with accruing interest, together with all other sums of money due and unpaid under the agreement, may be assessed as taxes against the owner or reputed owner of the real property, and the amount of money so assessed shall bear the same penalties and interest as taxes regularly assessed on default of payment thereof. (Ord. Code § 3323.4; Ord. 824 § A, 7-6-1965; Ord. 1337, 9-3-1985; Ord. 1614 § 1, 9-17-2002)