Ventura Municipal Code Ch. 18.10 Street Dedication and Improvement Requirements

A. Policy. The existence of inadequate street widths and inadequate improvements in the street right-of-way adjoining buildings, dwellings and other structures within the city, and the lack of adequate sidewalks, curbs, or gutters, is hereby found and declared to be dangerous to the public health, safety and welfare of the inhabitants of the city.

B. Scope of Chapter. This chapter shall not be construed so as to conflict with, limit, or affect dedications of property for public use or improvements thereof by developers pursuant to the processing of subdivision maps or to other conditions imposed by the city pursuant to this chapter.

C. Permit Required. No person, firm or corporation shall lay, construct, reconstruct or repair any street, sidewalk, driveway, curb or gutter in any street or other public right-of-way or place without a written permit from the city engineer. Each applicant for a permit shall submit a written application to the city engineer containing such information specified by the engineer. The city engineer may require a cash deposit or faithful performance bond in an amount sufficient to guarantee completion of the work and to cover all damages, costs and expenses that may be incurred by the city. (Code 1971, § 8321)

A. Generally. Except as otherwise provided herein, every owner, lessee, or other person constructing or substantially modifying, or causing to be constructed or substantially modified, any building, structure, or off-street parking facility in the city shall also provide for the construction of curbs, gutters, sidewalks, drainage facilities and street paving. The aforementioned improvements shall be made, in accordance with the city of San Buenaventura standard specifications and design, for all existing or required public street frontage adjoining the property upon which the construction is to be done, unless curbs, gutters, sidewalks, drainage facilities and street paving have been constructed and located in accordance with city standards and design. A modification shall be considered substantial where its total cost is in excess of $2,000 as established by the building permit valuation determined by the building official.

B. Bond or Deposit in Lieu of Improvements. If the city manager finds that deferring the improvements is in the public interest, the city manager may permit the posting of a sufficient bond, cash deposit, or other security to guarantee the installation of such improvements within such period as the manager shall specify. If the amount required is less than $500.00, a cash deposit shall be made.

C. Waiver of Improvements. Upon application of any interested person, the planning commission may waive the construction of sidewalks, curbs, gutters, drainage facilities, or street paving hereunder when the public health, safety, and welfare will not be adversely affected, taking into consideration the contour of the ground, the relation of the adjacent property to the street elevation, the use made of the property in the area, and the convenience of the public. Fees shall be those required for a modification in Section 8166.1(b). (Code 1971, § 8322)

A. Generally. Where the city manager finds that the proposed improvements or use of property will cause an increase in vehicular or pedestrian traffic, which will constitute a substantial burden upon existing streets and create a need for additional right-of-way, street extensions or other required improvements to meet the needs created by such proposed improvements or use, there shall be required as a condition to approval of such proposed improvements or use or issuance of a building permit that sufficient right-of-way be dedicated and improvements (including, but not limited to, curbs, gutters, sidewalks, drainage facilities and paving) be installed to meet such needs.

B. Permit Required. It is hereby declared unlawful for any person, firm or corporation to lay, construct, reconstruct or repair any sidewalk, driveway, curb or gutter in any street, alley, court or public place within said city without first obtaining from the engineer a permit in writing so to do.

C. Application – Fees. Before any person shall do any of the work mentioned in this chapter, the person shall make written application to the city engineer for permission so to do, and pay a sum of money equal to five percent of the cost of the improvements to be installed as estimated by the city engineer to cover the cost of checking plans and inspecting the work. The application shall show the location and amount of work to be performed and contain such other information as may be required by the engineer. When satisfied that the proposed work will meet city requirements the engineer shall issue the permit.

D. Inspector. The engineer of the city is hereby authorized and empowered to employ or appoint an inspector to superintend the construction of all work mentioned in this chapter, whose duty it shall be to see that all such work is done according to the plans and specifications therefor, and as required by this chapter. The inspector shall receive such reasonable compensation for their services as may be fixed by the council, which shall be paid out of the funds deposited as aforesaid. No work mentioned herein shall be deemed finished and completed until the same shall have been accepted by said engineer. (Code 1971, § 8323)

The building official shall not conduct a final inspection of any building, structure or other facility and shall withhold approval of permanent public utility connections other than telephone utilities thereto unless the curbs, gutters, sidewalks, drainage facilities, street paving and dedication of property required hereunder have been completed, or, when permitted, a bond, cash deposit, or deposit of securities to guarantee such construction has been posted and approved by the city, or unless such requirements have been waived in accordance with Section 18.10.020(C). (Code 1971, § 8324)

Interested persons may appeal from a decision of the city manager, city engineer, or commission made pursuant to this chapter. Such appeal shall be heard in accordance with Section 8168, but no public hearing is required. Appellants shall pay the fees prescribed in Section 8166.1(g). (Code 1971, § 8325)

Whenever in the opinion of the city manager, the public interest, necessity or convenience shall require any sidewalk within the city to be repaired, reconstructed or altered, the city engineer shall serve a written notice upon the owner, tenant, agent or person in charge of the property abutting upon such sidewalk to repair, reconstruct or alter the same, and if the person upon whom said notice is served neglects, refuses or fails to commence such repairs, reconstruction or alterations for the space of 30 days, and to diligently prosecute the same until completed to the satisfaction of the city engineer, the city engineer shall thereupon proceed to immediately make such repairs, reconstruction or alterations, and the costs of the same shall be a lien upon the property abutting upon such sidewalk. After the completion of such work by the city engineer, the city engineer shall thereupon serve upon the owner, tenant, agent or person in charge a written notice stating that said work has been done, which notice shall contain an itemized statement of the costs of all materials used for and labor done on the same, and if such owner, agent or person in charge neglects or refuses for a period of five days, after the service of such notice upon them, to pay the amount specified in said notice, then it shall be the duty of the city attorney to prosecute in the name of the city an action in the proper court for the collection of the same. Any person mentioned in this section, liable for the costs of making such repairs, alterations or reconstruction, who shall neglect, refuse or fail to make the same when required to do so, as herein provided, and all persons violating any of the provisions of this chapter, shall be guilty of a misdemeanor. (Code 1971, § 8326)

It is hereby made unlawful for any person to drive, or cause to be driven, any animal, whether attached to any vehicle or not, or move any heavy vehicle across any walk within the city at any other place than at the crossings or driveways in this section mentioned, without first obtaining a written permit from said city engineer so to do, depositing with such city engineer a sum of money sufficient to pay for all damages that may be caused thereby and placing such protection over such walk as the city engineer may require. (Code 1971, § 8327)