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)

3.3.107: RESPONSIBILITY OF REAL PROPERTY OWNERS:

   A.   Notice Of Damage To A Public Curb Or Curb And Gutter: It is the responsibility of every owner and occupant of real property within the City to notify the City Engineer of any damage to a public curb or curb and gutter which abuts or is adjacent to that owner's real property, or public curb or curb and gutter located upon the owner's or occupant's real property subject to a public easement or right of way.

   B.   Notice Of Damage To A Public Curb Or Curb And Gutter; Individual's Or Entity's Fault: It is the responsibility of any individual or entity to notify the City Engineer of any damage to a public curb or curb and gutter which occurs or may occur as a result of that individual's or entity's action or inaction.

   C.   Civil Liability: The owner or occupant of the real property or both and an individual or entity whose action or inaction results in damage to a public curb or curb and gutter, or both, shall be primarily liable in tort for any injury proximately caused by failure to comply with this section.

   D.   Removal; Replacement; Reconstruction: Upon any development, substantial redevelopment or platting/replatting of property, any existing curb or curb and gutter that, as determined by the City Engineer: 1) poses a public safety concern; or 2) does not function as intended or meet current City standards; or 3) exhibits excessive deterioration, shall be removed and replaced or reconstructed at the owner's or developer's expense. (Ord. 91-11; Ord. 01-42; Ord. 05-57)

3.3.108: NOTICE TO REPAIR OR RECONSTRUCT; PROCEDURE:

   A.   The City Engineer may find and determine that an individual, party or entity other than the owner or occupant of the abutting or adjacent real property, or owner or occupant of real property subject to a public easement or right of way, is responsible for causing the need for repairs or reconstruction of a public curb or curb and gutter. If this determination is made the responsible individual or entity shall be required to comply with this section as if the responsible individual or entity were the owner or occupant of the abutting or adjacent real property, or owner or occupant of real property subject to a public easement or right of way, except any assessment of costs shall be made against the responsible individual or entity, any lien against property may be placed on any property within the state of Colorado owned by the responsible individual or entity, and the City Attorney shall be authorized to pursue all available remedies for the recovery of repair or replacement costs in the Colorado courts. Any lien or assessment against property pursuant to this section shall be a priority lien.

   B.   The City Engineer may find and determine that the owner or occupant of the abutting or adjacent real property, or owner or occupant of real property subject to a public easement or right of way, is responsible for causing the need for repairs or reconstruction of a public curb or curb and gutter. If this determination is made, the City Engineer may cause notice of the need for repairs or reconstruction of any public curb or curb and gutter to be served upon the owner or occupant of the real property upon which the public curb or curb and gutter abuts or to which the real property is adjacent, or the owner or occupant or real property subject to a public easement or right of way. The notice shall be in writing and may be addressed to the owner at the address of the property.

   C.   If repairs or reconstruction are not made within thirty (30) days after the mailing or delivery of the notice to the appropriate party, the City may cause the repairs or reconstruction to be made and bill the cost of the repairs or reconstruction to the abutting or adjacent real property owner or the owner of the real property subject to a public easement or right of way. If the owner fails to pay the costs and charges within thirty (30) days after billing is made, the same shall be assessed to the abutting or adjacent real property or to the real property subject to the public easement or right of way in the manner and with the effect provided in chapter 2, article 6, "Taxation–Special Assessments", of the City Code. If the need for repairs or reconstruction of the public curb or curb and gutter poses a dangerous condition as determined by the City Engineer and Risk Manager, the City, without notification to the property owner or occupant, may take any action it deems necessary including the billing and assessment of any costs involved in accord with this section. Any lien or assessment against property pursuant to this section shall be a priority lien. (Ord. 91-11; Ord. 01-42; Ord. 05-57)

3.3.109: GRADING PLANS; DRAINAGE FACILITIES; ARTERIAL BRIDGES:

Grading plans, public drainage facilities and arterial roadway bridges shall be designed and constructed in accord with the "Public Works Design Manual", the "Subdivision Policy Manual" and the Subdivision Standards of the UDC and the related construction plans shall be submitted to the City Engineer for review and acceptance. (Ord. 01-42; Ord. 23-17 1 )

 

Notes

1	1. June 5, 2023 is the effective date of Ordinance 23-17.

3.3.110: SUBSURFACE WATER:

Subsurface water shall not be discharged onto the surface of any public street, sidewalk or right of way. The property owner shall be responsible for conveying the subsurface water to a safe discharge point upon the public street or right of way as designated in writing by the City Engineer. It shall be unlawful to discharge subsurface water through the street curb head, under or over the public sidewalk without the written permission of the City Engineer. (Ord. 01-42)