Article III — CURBS AND GUTTERS

SECTION:

20-40: Legislative Determination Relative To Existence Of Dirt Curbs And Gutters

20-40.1: When Construction Of Curbs, Gutters And Sidewalks Required

20-40.2: Exceptions To Construction Requirements

20-40.3: Repair And Maintenance Of Residential Buildings; Application Of Provisions

20-40.4: Location Of Curbs, Gutters And Sidewalks

20-40.5: Deferred Construction; Cash Deposit; Lien Agreement

20-40.6: Compliance With Article Prerequisite To Issuance Of Building Permit, Final Approval, Etc.

20-40.7: Waiver Of Article Provisions

20-40.8: Miscellaneous Provisions

20-41: Reserved

20-42: Reserved

20-43: Reserved

20-44: Curb, Gutter And Sidewalk Revolving Account; Generally

20-45: Curb, Gutter And Sidewalk Revolving Account; Financing And Repayment

20-46: Curb, Gutter And Sidewalk Revolving Account; Restoration Of Disbursements

20-46.1: Charge For Curb And Gutter And Other Improvement Re-Staking

20-40: LEGISLATIVE DETERMINATION RELATIVE TO EXISTENCE OF DIRT CURBS AND GUTTERS:

The existence of dirt curbs and gutters adjoining dwellings and buildings within the city, or conversely, the lack of adequate curbs and gutters, is hereby found and declared to be dangerous to the public health and safety of the inhabitants of the city. (Ord. Code § 3323.3)

20-40.1: WHEN CONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS REQUIRED:

Any owner, lessee, agent, licensee, or other person, corporation, association or firm who is:

Constructing or arranging for the construction of a building, dwelling, or any other improvement; or

Arranging for the remodeling, improving, modifying or otherwise altering in any manner whatsoever, an existing building, dwelling, or other improvement;

upon any lot or parcel of real property in the city of Porterville shall provide, subject to the provisions of this article and chapter and to the ordinances and regulations of the city of Porterville that may now be or hereafter be in effect, for the construction of concrete curbs, gutters, and sidewalks unless in accordance with city specifications therefor, they already exist in a satisfactory condition along all street frontages adjoining the lot or lots, parcel or parcels of land on which the building, dwelling, or other improvement is to be constructed or remodeled or modified. In lieu of installation of concrete improvements, payment for said concrete improvements shall be provided to the

city upon development of the property as specified above, if said concrete improvements have been installed by the city. In the event the construction of improvement is being made upon a portion of an undeveloped parcel and the portion to be developed does not exceed fifty percent (50%) of the entire undeveloped parcel, and the concrete improvements have not already been installed by the city, the curbs, gutters, and sidewalks shall be provided on the street frontage so that said curbs, gutters, and sidewalks will extend the length of the building or improvement and to include side yard requirements as set forth in the zoning ordinance. In determining whether the developed portion exceeds fifty percent (50%) of the entire portion there shall be considered the portion of the parcel on which the building or other improvement rests, together with all yard and open area requirements required by the zoning ordinance. (Ord. 826 § A, 8-5-1965; Ord. 1070 § B, 1-28-1975; Ord. 1644 § 1, 1-20-2004)

20-40.2: EXCEPTIONS TO CONSTRUCTION REQUIREMENTS:

A. In the event any public improvements are required under the provisions of this article and chapter, the provisions of this article and chapter shall not apply unless the construction or remodeling set forth in section 20-40.1 of this article shall be the cost of fifteen thousand dollars ($15,000.00) or more within a two (2) year period. This valuation is to be adjusted, by resolution, each year to reflect changes in the cost of construction as indicated in the engineering news record. This exception does not pertain to street dedication requirements.

B. Payment for city installed concrete improvements shall not be required when said improvements have been installed with grant funds. (Ord. 826 § A, 8-5-1965; Ord. 1070 § B, 1-28-1975; Ord. 1224 § 1, 11-18-1980; Ord. 1644 § 2, 1-20-2004)

20-40.3: REPAIR AND MAINTENANCE OF RESIDENTIAL BUILDINGS; APPLICATION OF PROVISIONS:

A. Whenever it is deemed by the city that in the best interest of public health, safety or welfare it is necessary to maintain and repair a building or dwelling used exclusively for residential purposes or to correct damage caused by fire, flood, earthquake or act of God, the provisions of this article and chapter shall not apply, unless that within any consecutive twelve (12) month period the total dollar amount of building permits issued to maintain and repair the building or dwelling will exceed fifty percent (50%) of the total current building cost value of the building or dwelling following the completion of the repairs. As used herein the term "necessary maintenance and repair" shall be defined as maintenance and repair required by any law, ordinance, code or regulation of any political subdivision in effect in the city of Porterville.

B. Whenever it is deemed by the city that improvements, maintenance, or repairs to a building or dwelling used exclusively for residential purposes are for the purpose of weatherization, the provisions of this article and chapter shall not apply, unless that within any consecutive twelve (12) month period the total dollar amount of building permits issued to maintain and repair the building or dwelling will exceed fifty percent (50%) of the total current building cost value of the building or dwelling following the completion of the repairs. (Ord. 826 § A, 8-5-1965; Ord. 1070 § B, 1-28-1975; Ord. 1644 § 3, 1-20-2004)

20-40.4: LOCATION OF CURBS, GUTTERS AND SIDEWALKS:

The construction of curbs, gutters, and sidewalks in accordance with the provisions of this article and chapter shall be located on a line and at a place to be determined by the city of Porterville and in determining this line the city shall take into consideration the ultimate right of way presently owned or to be acquired by the city. (Ord. 826 § A, 8-5-1965; Ord. 1070 § B, 1-28-1975)

20-40.5: DEFERRED CONSTRUCTION; CASH DEPOSIT; LIEN AGREEMENT:

If it is determined by the city that it shall be in the best interest of the city and its inhabitants to construct said curbs, gutters, and sidewalks, at a later date, or curbs, gutters, and sidewalks do not presently exist within one thousand feet (1,000') of the real property under consideration, or street grades are not available from the office of the city engineer; then the city shall require the owner, agent, lessee or licensee to deposit with the city of Porterville a cash amount determined by the city engineer to equal the then current costs for installing integral concrete curbs, gutters, and sidewalks required by the provisions of this article and chapter, or, the owner or owners of said property shall execute an agreement with the city that shall become a lien or charge upon said property in an amount determined by the city engineer to equal the then current costs for installing integral concrete curbs, gutters, and sidewalks herein required.

Said deposit or agreement shall be used or exercised by the city for the installation of curbs, gutters, and sidewalks adjacent to the street frontage(s) of the property upon which such deposit or agreement was required, at an expeditious time as determined by the city to be in the best interest of the city and its inhabitants. (Ord. 826 § A, 8-5-1965; Ord. 1070 § B, 1-28-1975)

20-40.6: COMPLIANCE WITH ARTICLE PREREQUISITE TO ISSUANCE OF BUILDING PERMIT, FINAL APPROVAL, ETC.:

The building inspector of the city of Porterville, shall deny the issuance of a permit unless the building plans and specifications therefor provide for curbs, gutters, and sidewalks in compliance with the requirements of this article and chapter, and shall deny final approval and acceptance to any said building, dwelling or other improvement unless and until said integral curbs, gutters, and sidewalks exist in a serviceable condition or are constructed in accordance with the provisions of this article and chapter or unless and until the cash deposit or lien agreement provisions of this article and chapter have been complied with. Furthermore, under circumstances where payment is required for concrete improvements installed by the city, the building inspector of the city of Porterville, shall deny the issuance of a permit unless the building plans and specifications therefor provide for curbs, gutters, and sidewalks in compliance with the requirements of this article and chapter, and shall deny final approval and acceptance to any said building, dwelling or other improvement unless and until payment for said improvements has been provided for in conformity with the provisions of this article. (Ord. 826 § A, 8-5-1965; Ord. 1070 § B, 1-28-1975; Ord. 1644 § 4, 1-20-2004)

20-40.7: WAIVER OF ARTICLE PROVISIONS:

In the event construction of sidewalks is not feasible due to street location, topography or other physical factor, the city council may waive or modify the provisions of this article and chapter as they apply to sidewalks upon written application of the owner of the property or other person against whom this article and chapter may apply, and upon hearing the recommendation of the city engineer. Sidewalks shall not be required in the area designated by the city as the "enterprise zone". City council approval for a waiver or modification of the sidewalk requirement pertains only to the building permit being acted upon, and does not release in perpetuity the provisions and

requirements of this article and chapter on subsequent building permits.

In areas where special circumstances common to the same street frontages of more than one parcel of land, such as, but not limited to, soil conditions, rock outcroppings, drainage courses, topography, zoning, or lot sizes, would appear to preclude or obstruct the standard installation of sidewalks as otherwise herein required, the city engineer may initiate studies and prepare plans for submission to the city council of alternate solutions and methods of implementation as may be approved following a public hearing thereon, to provide, within defined boundaries of affected areas, public walkways for the protection of pedestrian traffic and public safety. Upon receipt of an alternate sidewalk plan and a recommendation from the city engineer, the city council may schedule a public hearing to consider the effect, feasibility, and appropriateness of same, and by resolution set forth its decision to adopt or deny the plan. (Ord. 1537 § B65, 8-6- 1996)

20-40.8: MISCELLANEOUS PROVISIONS:

A. Deductions For Improvements To Be Removed: Under circumstances where payment will be required to pay for city installed concrete improvements under this article, if an approved parcel map, improvement plans or building plan identifies proposed concrete improvements that will require removal of existing city installed concrete improvements, the reimbursement cost of the portion of the city installed concrete improvements to be removed shall be deducted from the cost of the city installed improvements adjacent to the property, so long as the concrete improvements specified are installed as part of the improvement(s).

B. Process For Objecting To Payment For Improvements: Prior to or at the time the city council considers whether to go out to bid on a street improvements project that will result in the installation of concrete improvements for which payment will be required in conformity with this article, the city shall hold a public hearing. Notice of the time and place of hearing shall be mailed at least fourteen (14) days prior to the meeting to all property owners affected by the proposed project. Additionally, prior to establishing the development fees to be paid for city installed improvements, the city shall hold at least one public hearing in conformity with the applicable provisions of the mitigation fee act. Said fees for concrete improvements related to specific street improvement projects shall be established by resolution, and shall be administered and accounted for in compliance with the mitigation fee act.

C. Record Notice Of Reimbursement Requirement: The city shall record a general notice of the potential applicability of said development fees for concrete improvements with the office of the Tulare County recorder.

D. Payment Agreements With City: The city shall allow anyone required to pay a fee for concrete improvements in conformity with this article to pay over a period not to exceed five (5) years, with additional terms and interest as determined by the city. (Ord. 1644 § 5, 1-20- 2004)

20-41: RESERVED:

(Rep. by Ord. 825 § A, 7-6-1965)

20-42: RESERVED:

(Rep. by Ord. 825 § A, 7-6-1965)

20-43: RESERVED:

(Rep. by Ord. 825 § A, 7-6-1965)

20-44: CURB, GUTTER AND SIDEWALK REVOLVING ACCOUNT; GENERALLY:

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)

20-45: CURB, GUTTER AND SIDEWALK REVOLVING ACCOUNT; FINANCING AND REPAYMENT:

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)

20-46: CURB, GUTTER AND SIDEWALK REVOLVING ACCOUNT; RESTORATION OF DISBURSEMENTS:

All principal received and paid under the written agreement referred to in section20-45 of this article, or assessed and collected as taxes, shall be restored to the curb, gutter and sidewalk revolving account on receipt thereof for the use and employment therein. All interest received shall be used for the design and construction of storm drains and drainage structures throughout the city. (Ord. Code § 3323.4; Ord. 1337, 9-3-1985)

20-46.1: CHARGE FOR CURB AND GUTTER AND OTHER IMPROVEMENT RE- STAKING:

In the event the city of Porterville is required to re-stake for any reason whatsoever in connection with the construction of curbs and gutters or other improvements requiring staking, the city shall require from the person so requesting said staking a fee or charge as fixed by resolution of the city council.

For purposes of this section, re-staking shall be required on the eighth day following the original staking if said stakes are unused. (Ord. 856 § A, 3-15-1966; Ord. 1046 § A, 9-18-1973)