Wasco Municipal Code Ch. 12.04 Construction of Sidewalks, Curbs and GUTTERS1

No person, firm or corporation shall construct any sidewalk, curb and gutter upon any public street, alley or right- of-way in the city without first obtaining a permit from the building inspection department. (Ord. 261 §1, 1979).

Any person, firm or corporation proposing to construction sidewalks, curbs and gutters upon any public street, alley or right-of-way in the city shall submit plans and profiles to the building official for approval. The building official may waive such plans and profiles if field conditions merit such waiver. At such time as the plans and profiles are approved or waived, the applicant shall submit a bond, cash or other approved form of security in the amount of one hundred fifty percent of the cost of construction. The cost of construction shall be determined by the building official from the latest construction costs for bonding purposes, as determined by the county department of public works. A permit fee will also be required. The amount of such fee shall be set by council resolution. (Ord. 261 §2, 1979).

All curb, gutter and sidewalk shall be constructed in strict accordance with the city standards to the approved lines and grades. If required by the building official, the lines and grades shall be set by a licensed engineer or land surveyor at the sole cost and expense of the applicant. No concrete shall be placed until such time as the building official has inspected and approved the forms and subgrade. After the concrete is placed, the building official shall make a final inspection for conformance to the city standards. (Ord. 261 §3, 1979).

Within ten days after final inspection, the building official shall approve the work and subsequently release the applicant’s security or disapprove the work and give notice to the applicant stating what corrections will be required. Any work not constructed or if the applicant does not correct the deficient work within thirty days, the city shall forfeit the applicant’s security and proceed to correct such deficiencies. (Ord. 261 §4, 1979).

Any person, firm or corporation who constructs any sidewalk, curb and gutter without first obtaining the required permits and complying with the requirements as set forth in this chapter shall be guilty of a misdemeanor. (Ord. 261 §5, 1979).

Any development or intensification of use shall repair and/or install curb, gutter and sidewalk when the following criteria are met:

A. For Residential Projects. Any development or intensification of use requiring a building permit with a valuation that exceeds twenty-five percent of the assessed value of the land and improvements for the property as shown on the Kern County assessor’s role within any twelve-month period. The following items shall not be included in the valuation calculation:

1. Replacement or repair of roofs, heating and cooling units, siding.

2. Replacement or repair of like-for-like items such as windows and doors.

3. Additions to residential properties such as garages, carports or patios that will not lead to an increase in
living area. "Living area" is defined as the interior inhabitable area of a dwelling unit including the basement
and attic, but excluding the garage or any accessory structure.

4. Other similar projects as determined by the community development director or his/her designee.

B. For Nonresidential Projects. Any development or intensification of use that would lead to an increase equal to or greater than twenty-five percent of any of the following for the project site:

1. Building square footage.

2. Discharge of runoff to a public storm drainage system.

3. Daily vehicle trips generated.

In the event that any applicant objects to the required improvements, an appeal to the city council may be filed subject to Chapter 17.75, Permit Procedures. (Ord. 611 §2 (Exh. A), 2010; Ord. 609 §2 (Exh. A), 2010; Ord. 559 §2, 2008; Ord. 411 §1, 1996; Ord. 207 §§1, 1.5, 1976).

All curbs, gutters and sidewalks shall be installed in accordance with the specifications of the city, and, if any are cracked, broken or damaged in any way, the damaged portion shall be removed and reconstructed to city standards. (Ord. 207 §2, 1976).

1 For statutory provisions on the construction of sidewalks, curbs and gutters, see Str. and Hwys. Code § 5870 et seq.