A. At the request of the property owner and the recommendation of the public works director the city may, at its option, enter into a written contract deferring the installation of curb and gutter to a future date in such form as shall be approved by the city attorney. The contract shall provide, among other terms, for the time in which installation is to be commenced and completed and the specifications of construction shall be in recordable form, and shall bind the current property owner, his heirs, successors and assigns. The contract or deferral agreement shall require approval of the city council and provide for the collection of damages, attorney fees and costs in the event of default by the property owner.
B. The city public works director may recommend to defer the construction of curbs and gutter for any one or more of the following reasons:
1. If the total length of the existing curb and gutter on the same side of the street in the same block plus the length of the property in question on which the new curb and gutter would be installed is less than forty percent (40%) of the total length of a standard block, unless the new curb and gutter will connect to an existing curb and gutter section which meets city acceptance standards for line and grade.
2. If another unit of government with jurisdiction over the street or road along which the curb and gutter will be installed requests that the installation of curb and gutter be deferred.
3. If the street or road would require city financed repair, reshaping, relocation, or modification in order for the curb and gutter to be installed to line and grade in an acceptable manner, the installation may be deferred until street or road improvements are completed.
4. Curb and gutter installation may be deferred if, in the opinion of the public works director, the installation at the time of building permit issuance would create a traffic hazard or an unusual drainage problem.
5. Construction of the curb and gutter has been delayed because of weather, natural disaster or other causes beyond the control of the owner. (Ord. 850 §