TITLE 12
STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 12.04   Installation of Curbs, Gutters and/or Sidewalks
Chapter 12.05   Curbs, Gutters and/or Sidewalks in Front of Previously Developed Parcels
Chapter 12.08   Encroachment Permits
Chapter 12.09   Encroachment Agreements
Chapter 12.12   Park Regulations
Chapter 12.16   Naming and Numbering System
Chapter 12.04 INSTALLATION OF CURBS, GUTTERS AND/OR SIDEWALKS
   12.04.010   Applicability--required improvements and plans.
   12.04.015   Appeal from determination of planning director or planning commission.
   12.04.020   New installation or repair.
   12.04.021   Precautionary warnings; other conditions; engineer's preliminary estimate of costs included in Deferred Improvement Agreements.
   12.04.030   Installation required for occupancy.
   12.04.040   Installation by city--costs.
   12.04.050   Engineering services.
   12.04.060   Specifications.
   12.04.070   Additional remedies.
   12.04.080   Violation--penalty.
12.04.010  Applicability--required improvements and plans.
   A.   Except as provided herein, the installation of curbs, gutters and sidewalks shall be required as part of the plans for proposed construction and/or development which will change the present use of, or increase the intensity of the use as allowed in the zoning district for, the property on which the construction and/or development is proposed. No building permit, use permit, encroachment permit, or other permit or license for proposed construction or land development which requires the installation of curbs and gutters and/or sidewalks shall be issued unless there is included within the plans submitted to the city, proper and adequate plans for the construction of the required curbs, and gutters and/or sidewalks on all streets abutting the real estate on which the development is proposed.
   B.   For purposes of this chapter, construction which is determined to increase the intensity of the use of the property on which construction and/or development is proposed includes and is conclusively established by, but is not limited to, the following:
      1.   The building of any new residence.
      2.   The building of any additional living area onto an existing residence. The addition of a new bathroom, and unenclosed porch, or a garage or shop building shall not be considered as building additional living area for the purposes of this section.
      3.   Any new non-residential building construction or land development requiring a building permit, use permit, encroachment permit or any other permit, license, or permission from the city. 
(Ord. 602, 1992)
   C.   Because of exceptional circumstances associated with certain sections of roadway, no improvements referenced in this chapter are required to be constructed along fronting properties as part of construction or development plans. The sections of roadway to be exempted from improvement requirements are listed below:
      1.   Magnolia Street, between Randolph Avenue and Idaho Street.
(Ord. 635, 1995)
12.04.015  Appeal from determination of planning director or planning commission.
   A.   In the event that the Planning Director or the Planning Commission, pursuant to Section 12.04.010 determines that the proposed construction and/or development will change the present use of, or increase the intensity of the use as allowed in the zoning district for, the property on which the construction and/or development is proposed, and in the event that the applicant disagrees with the said determination, an appeal may be taken therefrom to the City Council provided a written request to appeal is filed with the City Clerk no later than ten (10) calendar days following the determination made by the Planning Director or the Planning Commission.
   B.   On appeal, the Council shall consider the matter de novo and may uphold or reverse the decision of the Planning Director or the Planning Commission in accordance with the facts presented to it on appeal. 
(Ord. 521 § 1(part), 1987).
12.04.020  New installation or repair.
   A.   If no curbs, gutters, or sidewalks are in place, then new installation of the same shall be required when a building permit, use permit, encroachment permit, or other permit or license is issued, or permission is granted by the city for the construction of a new residence or a new non-residential building with the development of land. Except as provided in section 12.05.015 of this title, the property owner shall pay all costs of such installation or repair.
   B.   If curbs and gutters and/or sidewalks, or any of them, are in place but in need of repair, the city shall require the necessary repairs to be made, including the complete replacement of substandard facilities with new facilities if necessary, before issuing any permit, as set forth in this chapter, and the repairs shall be included in the plans submitted by the real estate owner, contractor, or developer.
   C.   If no curb and gutter exists within the block where new curb and gutter improvements are required, the city engineer may require that the property owner execute a deferred improvement agreement for the future construction of said improvements, subject to the approval of the city council. The property owner shall agree to pay all costs of such installation, except as provided in section 12.05.015 of this title. 
(Ord. 645 1995; Ord. 521 § 1(part), 1987).
12.04.021  Precautionary warnings; other conditions; engineer's preliminary estimate of costs included in Deferred Improvement Agreements.
   A.   Any deferred improvement required by the City Engineer pursuant to Section 12.04.020 shall contain the following precautionary warnings to the owner in substantially the following form
"PRECAUTIONARY WARNINGS TO OWNER
The Owner is cautioned and advised that by entering into this Agreement, the Owner's legal rights and property rights will be affected. As examples, and not by way of limitation, Owner is apprised of the following with respect to this Agreement:
      1.   The Agreement will create a lien against owner's property. A lien is a charge or security upon property for payment of some debt, obligation, or duty. In this particular case, this Agreement will be recorded in the Butte County Recorder's office and the lien will be of public record. In the event Owner fails to abide by the terms and conditions of this Agreement, the City would have the right to foreclose the lien (i.e., the City would have the right to sell Owner's property in satisfaction of the obligation). In addition, the recording of the lien could prevent or make difficult the ability to obtain a loan from a lender secured by Owner' s property.
      2.   This Agreement gives the City the right at anytime to call due Owner's performance under this Agreement upon the giving of ninety (90) days notice. It is very difficult for the City to predict the time when it might require Owner's performance under the Agreement, and owner should not assume that any particular length of time will pass before the City gives ninety (90) days notice to perform.
      3.   Owner acknowledges that the obligations created by this Agreement will "run with the land," which means that these obligations are imposed both upon Owner and any successor to the Owner and in that regard, the recordation of this Agreement might cause the fair market value of owner's property to decrease.
      4.   Owner is further advised that "Exhibit B" to this Agreement sets forth the street frontage improvements to be constructed, however, it is difficult to determine the scope of the improvement work until the project is designed and adequate survey data is available. It is also possible that the field conditions may change between the time this Agreement is executed and the time the improvements are constructed. The cost of the improvements may involve items not easily estimated, such as utility relocation costs, undergrounding of culverts, street widening and the like. The construction costs will vary depending upon the method of contracting for the work (private construction is normally less expensive than a public works project).
      5.   Finally, Owner is encouraged to contact a qualified real estate agent, attorney, or other person of appropriate qualifications and expertise to advise them regarding the potential impact of this Agreement on the value and/or marketability of their property or to, in any other respect, counsel them regarding the consequences of signing this Agreement.
      6.   In the event the Owner has requested an engineers estimate pursuant to Gridley Municipal Code Section 12.04.021C, it is expressly understood and agreed that the City Engineer's estimates shall not be binding upon the City for purposes of any subsequent construction (or the Owner's costs thereunder) and said estimate shall be given as an accommodation to the Owner and to aid the Owner's decision whether or not to enter into this Deferred Improvement Agreement as opposed to installing frontage improvements concomitantly with the development of the land, the subject of this Agreement. In addition, the failure of this Deferred Improvement Agreement to contain the language specified in Gridley Municipal Code Section 12.04.021 shall not invalidate the Agreement if it would otherwise be enforceable without such provisions."
   B.   In addition to the foregoing warnings, any Deferred Improvement Agreement between the City and the Owner shall advise the Owner that the requirement to install "frontage improvements" does not necessarily mean that the improvements shall be located at the "front" of the dwelling or other structure being constructed by the Owner. In addition, any Deferred Improvement Agreement shall contain a provisions that the Owner's obligations to construct frontage improvements shall occur not less than 90 days after notification by the city of Gridley that the Owner must proceed to construct frontage improvements as specified in the Deferred Improvement Agreement.
   C.   Upon receipt of a written request from the Owner prior to the execution of any Deferred Improvement Agreement under Section 12.04.020, the City Engineer shall prepare an estimate as to the specific frontage improvements and the estimated cost of construction which would be required if the Owner were to install the frontage improvements at the present time. The City Engineer's estimates shall not be binding upon the City for purposes of any subsequent construction (or the Owner's costs thereunder) but shall be given as an accommodation to the Owner and to aid the Owner's decision whether or not to enter into a Deferred Improvement Agreement as opposed to installing the frontage improvements at the time of the new construction for development of the land in question. The failure of a Deferred Improvement Agreement to contain the terms specified in this section shall not invalidate the Agreement if it would otherwise be enforceable without such provisions.
12.04.030  Installation required for occupancy.
   The construction of curbs and gutters and/or sidewalks shall be deemed to be an integral part of the overall construction when such construction is required as a condition of the permit, as set forth in this chapter, and the premises shall not be passed upon for occupancy by the building inspector until the required curbs and gutters and/or sidewalks are properly and completely installed. 
(Ord. 521 § 1 (part), 1987).
12.04.040  Installation by city--costs.
   A.   If the property owner does not provide for the required curbs and gutters and/or sidewalks, as set forth in this chapter, the city can install the required curbs and gutters and/or sidewalks at its sole expense, after which the city may charge the land owner; and place a lien against the land for all costs incurred except those in which the city may participate pursuant to chapter 12.05.015 of this title.
   B.   In this regard, the city shall hold a public hearing on the matter, giving ten days notice to the land owner of its intention to commence construction of the curbs and gutters and/or sidewalks, at which hearing the land owner may appear and object and/or agree to forthwith comply with this chapter.
   C.   If the land owner has not complied within thirty days of the public hearing, then the city will proceed to install the curbs and gutters and/or sidewalks; and upon completion thereof will hold another public hearing, giving ten days' notice to the land owner, to assess the costs thereof.
   D.   At the meeting, the costs shall be assessed and if the land owner does not make payment within thirty days, a resolution establishing the costs shall be recorded by the city in the office of the recorder of the county and filed with the tax collector of the county, and shall then become a lien upon the land involved. 
(Ord. 645, 1995; Ord. 521 § 1(part), 1987).
12.04.050  Engineering services.
   The city will make no additional charge for the engineering services in regard to the design and grade of the curbs and gutters and/or sidewalks. 
(Ord. 521 § 1 (part), 1987).
12.04.060  Specifications.
   The city will furnish the engineering elevations for the curbs and gutters and/or sidewalks to the land owner or his duly authorized contractor or agent; and the curbs and gutters and/or sidewalks shall be installed to the design grades established by the city engineer in accordance with the Public Works Construction Standards. 
(Ord. § 1(part), 1987).
12.04.070  Additional remedies.
   The city reserves to itself any other remedies at law available at law and shall not be limited by the lien provided for in this chapter. 
(Ord. 521 § 1(part), 1987).
12.04.080  Violation--penalty.
   Failure to comply with the requests set forth in this chapter shall be deemed a misdemeanor and shall be punishable as such. 
(Ord. 521 § 1 (part), 1987).