PART 1 CONSTRUCTION, REPAIR AND MAINTENANCE

SECTION:

3.3.101: Definitions

3.3.102: City Engineer; Standards And Specifications

3.3.103: Datum Line, Bench Marks For Establishing Grades

3.3.104: Curb And Gutter To Conform To Alignment And Grade, And To Be Constructed In Accord With City Standard Specifications

3.3.105: Construction Of Curbs And Gutters

3.3.106: Requirements Prior To Acceptance As Part Of City Street System

3.3.107: Responsibility Of Real Property Owners

3.3.108: Notice To Repair Or Reconstruct; Procedure

3.3.109: Grading Plans; Drainage Facilities; Arterial Bridges

3.3.110: Subsurface Water

3.3.111: Penalty

3.3.101: DEFINITIONS:

CURB: Either a barrier curb or mountable curb which has the following characteristics: The curb is constructed of either portland cement concrete or asphaltic concrete. The curb is located at the edge of the traveled roadway. Barrier curbs are relatively high and steep-faced, designed to inhibit or discourage vehicles from leaving the roadway. Mountable curbs are designed that vehicles can cross them readily when required. Curb also refers to those locations where the curb section has been depressed at driveways.

CURB AND GUTTER: A curb along with a gutter section provided on the traveled-way side of a mountable or barrier curb to form the principal drainage system for the roadway.

DANGEROUS CONDITION: A physical condition or use of the curb or curb and gutter or which constitutes an unreasonable or immediate danger or risk to the health or safety of the public which the real property owner or occupant abutting or adjacent to the curb or curb and gutter knows to exist or in the exercise of reasonable care should have known to exist.

INJURY: Death, injury to a person, damage to or loss of property, of whatever kind, which could lie in tort regardless of whether that may be the type of action or form of relief chosen by a claimant.

PUBLIC EASEMENT: An easement conveyed to the City of Colorado Springs whether by grant or otherwise within which a curb or curb and gutter is located.

REAL PROPERTY: Any lot, parcel or tract of land that is not a public right of way or a lot, parcel or tract of land that is subject to a public easement or right of way. (Ord. 91-11; Ord. 01-42)

3.3.102: CITY ENGINEER; STANDARDS AND SPECIFICATIONS:

The City Engineer is authorized to establish standards and specifications for the construction of all public improvements in the City. The standards shall be designed to assure long life, good performance and minimum maintenance. It shall be unlawful for any person to construct, reconstruct or demolish any public improvement in the City except in compliance with City Engineer standards and specifications. The standards and specifications shall be available to the public at the Office of the City Engineer in printed form at a reasonable cost.

The City Engineer is authorized to enter any project or worksite on public property without notice to inspect for compliance with City Engineer standards and specifications. (1980 Code; Ord. 91-11; Ord. 01-42)

3.3.103: DATUM LINE, BENCH MARKS FOR ESTABLISHING GRADES:

The datum line or base of levels for establishing the grades of all streets and alleys within the corporate limits of the City shall be sea level datum of 1929 used by the national ocean survey (NOS). All grades established as provided by this chapter or that may later be established, shall be calculated from these datum marks. (Ord. 776; 1968 Code §§12-10, 12-11; 1980 Code; Ord. 91-11; Ord. 01-42)

3.3.104: CURB AND GUTTER TO CONFORM TO ALIGNMENT AND GRADE, AND TO BE CONSTRUCTED IN ACCORD WITH CITY STANDARD SPECIFICATIONS:

   A.   Curb or curb and gutter shall be constructed in accord with City Engineer standards and specifications. No curb or gutter shall be constructed until the proper line and grade has been approved by the City Engineer on plan and profile drawings prepared in accord with the public works design manual and subdivision policy manual. Curb or curb and gutter shall be constructed in accord with the approved lines and grades and shall be subject to the City Engineer's superintendence, direction and control, including an inspection and approval of the forms before any concrete work begins. The City Engineer may at any time permit any property owner or contractor to employ a Colorado licensed surveyor to set the proper alignment and grade for the installation of curb, gutter and sidewalk placed on public streets. The City Engineer may further permit at any time a sidewalk to be set without the required surveyor's stakes where curb and gutter has been previously installed, provided the contractor requests and receives an inspection and approval of the forms before the sidewalk is laid.

It shall be unlawful for any person to construct, or cause to be constructed, any curb or curb and gutter in any manner different than provided in this part or upon any line or grade different from that established by the City Engineer. If any curb or curb and gutter is constructed at a line or grade other than as established or approved by the City Engineer, the City Engineer shall direct the responsible person to cause the curb or curb and gutter to be removed and relaid within a reasonable time at the responsible person's own expense. If the responsible person fails or refuses to relay the curb or curb and gutter to the proper line and grade, the City Engineer is authorized to do so, by using City work forces or by contract, and all costs may be charged to the responsible person. If the responsible person fails to pay any costs and charges within thirty (30) days after billing is mailed, the costs and charges shall be assessed to the abutting or adjacent real property or the real property subject to a public easement or right of way in the manner and with the effect provided in the City's sales and use tax ordinances.

   B.   Inspection fees shall be established by resolution for curb, curb and gutter, sidewalk or other improvements. (Ord. 2424; 1968 Code §12-4; Ord. 91-11; Ord. 01-42)

3.3.105: CONSTRUCTION OF CURBS AND GUTTERS:

   A.   Ordered By City:

      1.   The City Council may by resolution order the construction of curb or curb and gutter and related incidental work other than in districts. In these cases, the City Engineer shall notify the owner of the real property which abuts or is adjacent to the required curb or curb and gutter or the owner of the real property subject to the public easement or right of way to construct the curb or curb and gutter and related incidental work within forty five (45) days from the date the notice is mailed. The notice shall be in writing and shall be mailed to the property owner whose address appears on the real property tax records of El Paso County, Colorado. Whenever any notice is mailed, as required in this article, the fact that the person to whom it was addressed does not receive it shall not in any manner invalidate or affect the proceedings provided. Any real property owner who wishes to object to the notice requiring construction of the curb or curb and gutter shall no later than set forth in the resolution file with the City Clerk his or her written objections or protests to the required improvements and request a public hearing, all as specified in the resolution. The written objection from the property owner shall state the reasons or other remarks concerning the objection and shall include the person's signature. If a valid and timely written objection and request for a public hearing has been received by the City Clerk, a public hearing will be held by City Council on the date specified in the resolution and notice. The owner may present any objections to City Council. If a written objection and request for a public hearing has not been received by the City Clerk in accord with the resolution requirements, all objections to the construction shall be deemed to have been waived, and the owner shall construct the curb and gutter and related incidental work as originally directed. If, after the close of a scheduled public hearing, the City Council determines that the public interest requires the construction of all or part of the improvements, the real property owner(s) shall construct the curb and gutter and related incidental work within forty five (45) days after the public hearing, or as otherwise directed by City Council.

      2.   The owner of the real property shall construct or pay for the curb or curb and gutter and related incidental work at the street intersection. Whenever the owner is in default, the City may cause the required work to be done by contract and bill the cost of the construction to the abutting or adjacent real property owner or the owner of the real property subject to the public easement or right of way. If the owner fails to pay the costs and charges within thirty (30) days after billing is mailed the costs and charges shall be assessed to the abutting or adjacent real property or the real property subject to a public easement or right of way in the manner and with the effect provided in the City's sales and use tax ordinances.

   B.   Curb Lines: For the purpose of protecting natural or manmade obstructions, the City Engineer has the discretion to narrow the distance between prescribed curb lines on either side, provided the change extends through an entire block or through an approved transition section. (Ord. 739; 1968 Code §12-16.1; Ord. 91-11; Ord. 01-42)

3.3.106: REQUIREMENTS PRIOR TO ACCEPTANCE AS PART OF CITY STREET SYSTEM:

Before any street or alley can be accepted by the City as a part of its street system the street or alley must be constructed and accepted in accord with the current City subdivision policy manual and public works design manual. (1980 Code; Ord. 91-11; Ord. 01-42)