Willits Municipal Code Ch. 12.16 Sidewalks, Curbs and Gutters—construction and Repair

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** For violations of the provisions of this chapter, see Ch. 1.12 of this code.

It is unlawful for any person, firm or corporation to construct, or cause to be constructed in the city any sidewalk, driveway approach, curb, or curb and gutter without first obtaining from the office of the city engineer or superintendent of public works of said city a permit in writing to do so. Permits shall be upon blank forms, and shall specify the name and residence of the applicant, the location of the property in front of which the proposed sidewalk, driveway approach, curb, or curb and gutter is to be constructed, the dimensions of said walk, driveway approach, curb or curb and gutter, and shall refer to the provisions contained in Sections 12.16.010 through 12.16.060 and 12.16.120 for the materials to be used and mode of construction.

Upon application for a permit to construct a sidewalk, driveway approach, curb, or curb and gutter, the person or persons making the application must deposit with the city clerk one hundred dollars to guarantee faithful performance. This deposit to be returned upon completion of the job.

(Ord. 58-1 §1).

The failure of any person, firm or corporation to abide by the provisions of Sections 12.16.010 through 12.16.060 shall be deemed sufficient cause to refuse the request of said person, firm or corporation for any permit for other work of the character governed by the provisions contained in Sections 12.16.010 through 12.16.060 and 12.16.120 during the continuance of such failure.

(Ord. 58-1 §6).

Nothing contained in Sections 12.16.010 through 12.16.060 and 12.16.120 shall compel the city engineer or superintendent of public works to issue permits provided for in this chapter, if in their judgment the proposed work is against the public interest or convenience.

(Ord. 58-1 §2).

No sidewalk, driveway approach, curb, or curb and gutter shall be constructed other than of concrete, unless special permission therefor is first obtained from the city council by the owner of the property in front of which the walk, driveway approach, curb, or curb and gutter is to be laid.

Where the street is unimproved or where existing curbs are in poor condition, or not on official line and grade, owners of property must first obtain necessary line and grade stakes from the city engineer or superintendent of public works before constructing sidewalks, driveway approaches, curbs or curbs and gutters under the provisions contained in Sections 12.16.010 through 12.16.060.

(Ord. 58-1 §3).

A. All sidewalks, driveway approaches, curbs, or curbs and gutters must be constructed in every particular in accordance with the permit issued therefor, must be completed within thirty days from date of permit, unless an extension of time thereon be granted by the city engineer or superintendent of public works, and must be constructed in accordance with the standard plans and specifications for concrete sidewalks, driveway approaches, curbs, or curbs and gutters on file in the office of the city engineer or superintendent of public works, reference to which is made for further particulars.

B. All sidewalks, driveway approaches, curb, or curb and gutter work shall be done under the general direction and to the satisfaction of the city engineer or superintendent of public works.

(Ord. 58-1 §4).

Where a curb has been broken to provide a driveway for a residence or a business, and such driveway is no longer needed or used as a driveway, the owner of the property or the owner or operator of the business shall replace the curb and repair any damage done to the sidewalk by the use of such driveway. Such work shall be done in conformity with the requirements for the construction of curbs and sidewalks, as provided in Sections 12.16.010 through 12.16.060.

(Ord. 58-1 §5).

It is unlawful to construct, make structural additions, alterations or repairs to any structure, without placing concrete curbs, gutters and sidewalks along the front, sides or back of the property so improved which adjoins a city street or fronts on an alley.

(Ord. 89-15 §2; Ord. 68-1 §1).

The required curbs, gutters and sidewalks shall be constructed as provided in the Uniform Building Code and in accordance with the provisions of Sections 12.16.010 through 12.16.060 and 12.16.120.

(Ord. 68-1 §2).

Upon written application of the property owner, the city council or the planning commission may, if sufficient good cause is shown, waive the requirement for construction of sidewalks or curbs and gutters.

All fees associated with the request for waiver, whether approved or not, shall be borne by the applicant. The planning department shall propose a filing fee to be adopted by resolution of the Willits city council for this purpose, and shall ensure that such fee is remitted by applicant prior to review of his waiver request.

(Ord. 89-15 §3; Ord. 68-1 §3).

As used in Section 12.16.070, the phrase "structural additions, alterations and repairs" shall mean any construction which shall:

A. Exceed twenty-five percent of the value of the structure being constructed, altered or repaired; or

B. Cost ten thousand dollars or more; or

C. Result in the addition to, or modification or repair to three hundred square feet of building area; or

D. Whichever of the above definition is less.

(Ord. 89-15 §4).