Chapter 12.20 — CURB AND GUTTER INSTALLATION

It shall be unlawful for any person having charge or control of any lot or premises, improved or unimproved, within the city, either as owner, agent, lessee, tenant or otherwise, to make improvements thereon, or to make improvements to any building or structure existing thereon or to make improvements thereon in addition to buildings or structures existing thereon of a value of $25,000 or more, cumulative over three years, without simultaneously constructing and installing curbs, gutters, and driveways upon that portion of the public way abutting upon such premises and lying between the property line and the curbline of such public way or streets as such curbline is

established by existing curbs or by the superintendent of streets of the city. If curb and gutter exists upon that portion of the public way abutting upon such lot or premises then sidewalks must be installed.

It shall be unlawful for any person having charge or control of any lot or premises, improved or unimproved, within the city, either as owner, agent, lessee, tenant or otherwise, to make improvements thereon, or to make improvements to any building or structure existing thereon or to make improvements thereon in addition to buildings or structures existing thereon of a value of $50,000 or more, cumulative over three years, without simultaneously constructing and installing curbs, gutters, sidewalks, and driveways upon that portion of the public way abutting upon such premises and lying between the property line and the curbline of such public way or streets as such curbline is established by existing curbs or by the superintendent of streets of the city. (Prior code § 6.12; Ord. 10-972 § 1, 2010)

Curbs, gutters and driveways constructed in accordance with the requirements of Section 12.20.010 shall, in all portions of the city zoned "C" (commercial), extend from the property line to the curbline and shall contain such "knockout blocks" for tree planting as may be directed by the city superintendent of streets and shall in all respects conform to the requirements of the most recently adopted "City Standard Construction Details and Standards for Public Works Construction within the City of Susanville for Construction Projects" as amended from time to time by resolution of the city council. Curbs, gutters, driveways, and sidewalks installed in accordance with the provisions of Section 12.20.010 shall, in all portions of the city, except those portions zoned "C" commercial, be of such width and in such location as prescribed by the superintendent of streets of the city and shall in all respects conform to the requirements of the most recently adopted "City Standard Construction Details and Standards for Public Works Construction within the City of Susanville for Construction Projects" as amended from time to time by resolution of the city council. (Prior code § 6.13; Ord. 10-972 § 2, 2010)

Sections 12.20.010 and 12.20.020 of this chapter shall apply as to any lot or premises within the city where there are in existence upon adjoining portions of the public way curbs, gutters, sidewalks, or driveways or any one or more of them which do not conform in all respects to the requirements of the most recently adopted "City Standard Construction Details and Standards for Public Works Construction within the City of Susanville for Construction Projects" as amended from time to time by resolution of the city council or where existing, curb, gutter, sidewalk, and driveways are substantially damaged, crumbled, or otherwise in poor condition. In such cases it is unlawful for the person or persons having charge or control of such lot or premises, whether as owner, agent, lessee, tenant, or otherwise, or to make improvements thereon to any building or structure existing thereon or to make improvements thereon in addition to buildings or structures existing thereon of a value of $50,000 or more unless simultaneously such person shall reconstruct such nonconforming curbs, gutters, sidewalks and driveways, or such of them as do not conform to the most recently adopted "City Standard Construction Details and Standards for Public Works Construction within the City of Susanville for Construction Projects" as amended from time to time by resolution of the city council. (Prior code § 6.14; Ord. 10-972 § 3, 2010)

• A. The owners of lots or portions of lots underlying, adjacent to, or fronting on any portion of a sidewalk area along a street pavement line, including parking strips, sidewalks, curbs and

gutters, and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas. In the event that the city repairs and/or maintains such sidewalk areas, the property owner and/or person in possession shall pay the costs and expenses therefore, as well as the costs of inspection and administration whenever the city awards a contract for such repair and maintenance, including the costs of collection of assessments for the costs of maintenance and repair, or the handling of any lien placed on the property due to failure of the property owner and/or person in possession to promptly pay such assessments.

• B. For the purposes of this part, repair and maintenance of sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, tree root pruning, and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area adjacent to the street pavement line including parking strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said sidewalk area.

• C. Notwithstanding the provisions of Section 5614 of the California Streets and Highways Code, the director of public works may in his or her discretion, and for sufficient cause, extend the period within which required repair and maintenance of sidewalk areas must commence by a period of not to exceed 90 days from the time the notice referred to in said Section 5614 is given.

• (Ord. 05-914 § 1, 2005)

The property owner and persons in possession of such lots by virtue of any permit or right, required by Section 12.20.031 to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and non-dangerous condition. If, as a result of the failure of any property owner, and persons in possession of such lots by virtue of any permit or right, to maintain the sidewalk area in a non-dangerous condition as required by Section 12.20.031 , any person suffers injury or damage to person or property, the property owner and persons in possession of such lots by virtue of any permit or right, shall be liable to such person for the resulting damages or injury.

(Ord. 05-914 § 1, 2005)

When it is determined by the city superintendent of streets that it would be inappropriate or impractical to install curb, gutter, sidewalk, or driveway improvements or any one or more of them as required by Section 12.20.010 , the construction of said improvements may be deferred until a later time as provided for by this section.

A deferment of the curb, gutter, sidewalk or driveway, or one or more of them, may be granted on the basis of a construction difficulty that would make the installation of such improvements inappropriate or impractical as determined by the city superintendent of streets. A deferment granted on the basis of a construction difficulty will remain valid until the construction difficulty that has been used as the basis for the deferment is alleviated.

Upon notification from the city that the deferment is no longer in effect because the construction difficulty has been alleviated, the property owner of record will have 12 months from the date of the notification to install curb, gutter, sidewalk, and/or driveway.

Partial installation of curb, gutter, sidewalk or driveway, or one or more them, may be required in addition to deferment of the remainder of curb, gutter, sidewalk and/or driveway. These situations will be examined on a case by case basis and details of such partial installation will be a component of the deferment agreement; which agreement, when executed, will be recorded to provide notice to future owners.

(Prior code § 6.15; Ord. 10-972 § 6, 2010)

The building inspector or the building official of the city shall not issue a building permit for any of the improvements, additions or structures or remodeling mentioned in this chapter unless the person applying for such building permit has received an encroachment permit from the city of Susanville public works department and deposited with the public works department a sum of money or a bond in form satisfactory to the superintendent of streets equal to the cost, as determined by the superintendent of streets, of constructing or reconstructing such curb, gutters, sidewalks, and driveways.

(Prior code § 6.16; Ord. 10-972 § 7, 2010)

Whenever any person having charge or control of any lot or premises, either as owner or agent, lessee, tenant or otherwise fails or refuses to do any of the things provided and required by this chapter it shall be the duty of the city superintendent of streets to give written notice of such failure to comply with this chapter by posting a notice on such lot or premises and also by leaving a copy of such notice with any occupant of such lot or premises. Written notice shall also be given to the owner of the lot by depositing the notice in the post office of Susanville, California, with postage fully prepaid, addressed to such owner at the address shown upon the last equalized assessment roll of the county or the last known address of such owner. If the owner is a nonresident, and owner's address is not known, the notice shall be addressed to him or her at Susanville, California. The notice shall briefly describe the work to be done and shall refer to this chapter and shall contain a notification that unless the work is done within 30 days from the date of posting of the notice on the lot, the city superintendent of streets will do or cause to be done the work and that the costs and expenses of such work will be charged to and made a lien upon such lot or premises. (Prior code § 6.17; Ord. 10-972 § 8, 2010)

A wilful violation of this chapter shall be a misdemeanor. Any wilful or intentional misrepresentation of any fact made for the purpose of influencing the action of the building official of the city or the city council or any other public officer or body shall be a violation of this chapter. (Prior code § 6.18)

It shall be the duty of the superintendent of streets to enforce this chapter. The building inspector or building official shall cooperate with the superintendent of streets and provide information as may be required in connection with the enforcement of this chapter. The building inspector or building official

shall determine to costs of improvements when the building permit is requested. The primary duty of enforcing this chapter is placed upon the superintendent of streets of the city. (Prior code § 6.19; Ord. 10-972 § 10, 2010)

If the work described in the notice is not commenced and prosecuted to completion within the time required by the notice the superintendent of streets shall, as soon as time and weather permit, do or cause to be done the work mentioned and described in the notice. Upon the completion of the work, the superintendent of streets shall cause notice of the cost of the work to be given in the manner specified in this chapter for the giving of the notice provided in Section 12.20.060 , which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the work, 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 work and any other interested persons. (Prior code § 6.20)

Upon the completion of the work, the superintendent of streets shall prepare and file with the city council a report specifying the work which has been done, the cost of the work, 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. (Prior code § 6.21)

Upon the day and hour fixed for the hearing the city council shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any property owner liable to be assessed for the work and any other interested person. 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 decisions of the city council on all protests and objections which may be made shall be final and conclusive.

(Prior code § 6.22)

The cost of the repair may be assessed by the city council against the parcel of property fronting upon the sidewalk area upon which such work was done and such cost so assessed, if not paid within five days after its confirmation by the city council, shall constitute a special assessment

against that parcel of property, and shall be a lien on the property for the amount thereof which lien shall continue until the assessment is paid, or is discharged of record. The superintendent of streets shall file in the office of the county recorder a certificate substantially in the form provided in Section 5626 of the Streets and Highways Code of the state, except for the provisions therein as to interest. If any such lien is not paid, the city may file and maintain an action to foreclose such lien. (Prior code § 6.23)

Alleys within the city shall be exempt from the requirements of Sections 12.20.020 , 12.20.030 , and 12.20.150 . Streets within the city that are non-conventional city streets as defined in Section 12.20.150 shall be exempt from the requirements of Sections 12.20.010 , 12.20.020 and 12.20.030 . (Prior code § 6.23-1; Ord. 10-972 § 15, 2010)

The partial installation of curb, gutter, sidewalk, or driveway or one or more of them may be considered where there exist large lots or street fronts wherein strict conformance with Section 12.20.010 or 12.20.030 would require the installation of more than 75 linear feet of curb, gutter, sidewalk and driveways or any one or more of them. In such cases, the city superintendent of streets may reduce the amount of curb, gutter, sidewalk and/or driveways or one or more of them, after considering the overall cost of improvements. The building official will determine the cost of improvements when the building permit is requested. (Ord. 10-972 § 16, 2010)

Improvement. "Improvement," for the purpose of this chapter, is defined as any work that is done on a lot or premises that is not the curb, gutter, sidewalk or driveway approach within the public right-ofway.

Non-conventional City Street. "Non-conventional city street," for the purpose of this chapter, is generally defined as a roadway, within the city, where it would not be appropriate to install curb, gutter, sidewalk and driveways. As examples: (1) a street that has been constructed on an elevated roadbed such that the elevation of the edge of the roadway is higher than abutting properties may be considered a non-conventional street; (2) a street that has adjacent to it a paved pedestrian/bicycle path that is a minimum of eight feet wide may also be considered a non-conventional city street. The city superintendent of streets shall make the determination as to which streets in the city are nonconventional city streets.

Construction Difficulty. "Construction difficulty," for the purpose of this chapter, is defined as an existing site condition such that the topography, terrain, off-site drainage patterns, or any other physical construction related issues would, in the opinion of the city superintendent of streets, make the installation of curb, gutter, sidewalk, driveway or any one or more to them, impractical or inappropriate.

(Ord. 10-972 § 17, 2010)