A. For all construction valued in excess of seventy five thousand dollars ($75,000.00), pursuant to the valuation formulas and rules set forth in the building code, and for which a building permit is required, the applicant for such building permit, before its issuance, shall provide reasonable plans for construction of and be required to install sidewalks, curbs, and gutters. Additionally, at the discretion of the City of Grangeville Public Works Director the applicant may be required to reconstruct and/or repair the existing sidewalks, curbs, and/or gutters, on the property. The City Council may waive the requirement for construction, reconstruction and/or repairs of sidewalks, curbs, and gutters in any case where the council deems the construction, reconstruction and/or repairs of sidewalks, curbs, and/or gutters to be inappropriate or impractical on a petition for waiver being submitted to the city council in writing.
1. Residing, reroofing, and/or new windows when considered alone or in combination with each other, shall not be included in the calculated value of a building permit for purposes of the requirements of this section.
2. The City shall provide within its building permit form notification to the applicant for a building permit of the sidewalk, curbs, and gutter requirements under this section.
B. In all cases where sidewalks, curbs, and gutters have been required as a part of the building permit conditions set forth herein, the permittee or the property owner shall construct, reconstruct, or repair the sidewalks, curbs, and gutters within nine (9) months of the date of the application of such permit. In the event of abandonment of the principal project prior to the initiation of any construction, the requirements of this chapter shall be waived upon written notice to the City.
C. In the event the permittee or property owner should fail to construct, reconstruct or repair the sidewalks, curbs, and/or gutters as required by this section, such permittee or property owner shall be subject to suit as follows:
1. The City shall first notify the permittee and/or the property owner of the failure to comply with the terms of the building permit, which notice shall demand the immediate commencement of performance and substantial completion of the construction, reconstruction or repair of sidewalks, curbs, and gutters within thirty (30) days of the date of such notice. Said notice shall be served either personally or by certified mail, return receipt requested.
2. If substantial completion of the construction, reconstruction or repair of sidewalks, curbs, and gutters is not made within such thirty (30) days, then the City may file suit in the District Court for Idaho County seeking a court order for the completion of the requisite sidewalk, curb, and/or gutter construction, reconstruction, or repair.
3. Alternatively, the City may elect to complete construction, reconstruction or repair of the sidewalk, curb, and/or gutters as set forth in Section 8-1-3 herein. (Ord. 949, 7-6-2021)