To the extent that the city council may provide funding for the "sidewalk/curb and gutter replacement program", as established in the city's annual budget, the following guidelines shall apply to expenditures under such program:
A. Use Of Expenditures: Expenditures from this fund shall be used for sidewalk and/or curb and gutter replacement only.
B. Property Types: Expenditures from this fund shall be used only for the following types of properties:
1. Single-family residential properties, regardless of the zoning of the property; and
2. Properties within a residential zone.
C. Development Approvals Exempted: Expenditures from this fund shall not be used for any property which has been required to replace or repair sidewalks and/or curbs and gutters as a condition of any development approval under the zoning ordinances of the city.
D. Replacement Determined By Engineering Division: Expenditures from this fund shall only be used for sidewalk and/or curb and gutter which needs to be replaced as determined by the engineering division.
E. First Come, First Serve: The program will be administered on a first come, first serve basis, based upon the date of receipt of applications.
F. Payment By Property Owners: Property owners, qualifying for this program, shall be required to pay fifty percent (50%) of the cost of the sidewalk and/or curb and gutter replacement work adjacent to their property, and shall deposit fifty percent (50%) of the estimated cost to complete the work as determined by the city engineer. The deposit shall be made by the deadline established by the city engineer and before work may begin. The property owner shall pay for the owner's share of any additional costs after the work has been completed and actual costs are known. If the actual costs were less than the city engineer's estimate, the property owner will receive a refund of the amount by which the actual costs exceeded the estimate.
G. Contractor Hired By City: Except as provided in subsection H of this section, all work funded under this program shall be completed by a contractor hired by the city.
(1979 Code § 12.20.070; amd. Ord. 97-83, 10-28-1997; Ord. 2002-19, 4-2-2002, eff. 4-14-2002)
H. Property Owner Performance Of Work: The owners of a qualifying residential property may repair or replace sidewalks themselves, without the necessity of hiring a licensed contractor, under the following conditions:
1. The owner shall obtain a no fee excavation permit for work in the public right of way.
2. The owner shall ensure that the work meets all city standards and specifications.
3. Notwithstanding the provisions of subsection F of this section, the city will reimburse the owner for the actual costs of material, which total reimbursement amount shall not exceed fifty percent (50%) of what would have been the city's cost (per square foot) for performing the work under the current contract for installation of sidewalk. The reimbursable amount shall only be paid upon the city engineer's final inspection and approval of the work and the owner's submission of receipts and proof of payment for the costs of materials.
4. The owner shall be responsible for all labor and cleanup costs.
5. If the work does not comply with all city standards and specifications, the owner shall be responsible for hiring a licensed contractor to complete the work. If the work is not so completed to the satisfaction of the city engineer, the city may complete the work and bill the property owner for the costs that exceed the applicable amount subject to reimbursement. In no event shall the city make reimbursements for material costs associated with doing the work more than once.
6. An agreement between the owner and the city shall be in place before work commences to ensure compliance with the above requirements and the associated responsibilities.
(Ord. 2002-19, 4-2-2002, eff. 4-14-2002)