12.05.015 City participation in cost of construction.

   A.   The city shall pay one-half of the actual cost of construction of the curbs and gutters and/or sidewalks, but not more than one-half of the cost that the city would have incurred to construct the same improvements, under the following circumstances:

      1.   Construction of curbs and gutters and/or sidewalks is required or approved pursuant to Sections 12.04.010, 12.04.020, 12.05.010, or 12.05.012 in front of a parcel upon which exists a building habitable and fit for human use and occupancy; and

      2.   City funds specifically budgeted pursuant to this section for such projects have not already been expended.

   B.   Except as provided herein, the city shall not be responsible and shall not pay for the construction of curbs and gutters and/or sidewalks in front of property which:

      1.   Is a vacant lot; or

      2.   Is developed with a building which is not habitable or fit for human use or occupancy; or

      3.   Is property capable of further subdivision; or

      4.   Involves the building of any new residence or the building of any additional living area onto an existing residence that is greater than 100 square feet.

   C.   The city shall not, without approval of the city council obtained at a public hearing following notice to the owner of the real property and notice to the public at least ten days prior to the date of the hearing, contribute to the construction of any curb and gutter and/or sidewalk in excess of one hundred fifty feet frontage, per block, for any one parcel.

   D.   Subject to other provisions of this section, the city may agree to pay up to one-half of the cost of construction of curbs and gutters and/or sidewalks in front of property that is vacant, provided that:

      1.   The vacant property is a presubdivided, legal "lot of record" that is combined with a developed property as a part of a single assessor's parcel number; and

      2.   The owner of the property enters into an agreement to reimburse the city for its share of the cost of constructing improvements in front of the vacant property, if the owner sells the vacant property separately from the developed property within ten (10) year of the time of construction of the curbs and gutters and/or sidewalks. The agreement shall be recorded as a lien against the property for a period of ten (10) years, after which the lien shall be released and the agreement shall be voided.

(Ord. 793, 2010; Ord. 736, 2004; Ord. 645, 1995; Ord. 521 §1(part), 1987).