Wheatland Municipal Code Ch. 12.04 Curb, Gutter and Sidewalk Installation

The city council finds and determines that:

A. There are currently existing within the city real property lots, the frontages of which do not have curbs, gutters or sidewalks constructed thereon.

B. The addition of curbs, gutters and sidewalks to these improved real property lots will substantially aid the proper channelization of storm runoff, this aiding in the prevention of flooding. In addition, it will aid in the removal of puddles, standing water and mud which are breeding grounds for mosquitoes, improve road conditions of city streets and enhance the appearance of real property lots within the city.

C. There is presently no mechanism for the uniform installation of curbs, gutters and sidewalks along the frontage of these real property lots within the city.

(Ord. 286 § 1, 1983; Ord. 288 § 1, 1984)

This chapter shall not apply to real property parcels zoned agricultural.

(Ord. 286 § 3, 1983; Ord. 288 § 3, 1984; Ord. 364 § 2, 1996)

A. Any person or entity having charge or control of any real property lot or parcel, either as owner, agent, lessee, tenant or otherwise, who proposes to make improvements valued in excess of a threshold dollar amount to be set by city council resolution, as amended from time to time, to the lot or parcel shall simultaneously construct and install curbs, gutters and sidewalks upon those portions of the lot or parcel abutting upon any public street. The curb, gutter and sidewalk design and construction shall comply with the technical standards adopted from time to time by the city public works director, and the work shall be performed to the satisfaction of the city public works director and building official.

B. As an alternative to the requirement of subsection A of this section, if it is infeasible or impractical at the time of the improvement work to construct curb, gutter and sidewalks along the subject lot or parcel, the city and subject property owner may enter into a deferred improvement agreement, in a form provided by the city, whereby the property owner commits to perform the work at some time in the future upon notice by the city when it is feasible and practical to do so. Such agreements shall be recorded against the property to bind subsequent owners.

C. This section shall be implemented and enforced by the city building official. Any building permit for improvement work subject to this section shall be issued subject to compliance with this section. The building official shall not finally approve the improvement work until the permittee has complied with this section.

(Ord. 286 § 4, 1983; Ord. 364 § 3, 1996)

It is unlawful for any person or entity to fail to comply with this chapter. Any failure to comply with the requirements of this chapter shall constitute an infraction punishable in accordance with the provisions of Government Code Section 36900(b). Any failure to comply with this chapter also shall be deemed to be a public nuisance subject to abatement as provided by this code.

(Ord. 286 § 10, 1983; Ord. 364 § 5, 1996)