A. Definitions: For the purposes of this section the following words shall have the meanings respectively ascribed to them:
BUILDING: Any building, structure, or improvement for which a building permit is required under the uniform building code of this city, not including repairs, extensions or renovations, unless cost thereof exceeds thirty percent (30%) of the estimated market value of the premises exclusive of land values.
IMPROVEMENTS: Curbs, gutters, sidewalks and required utilities in the right of way between property line and the street.
PREMISES: The building site on which said building is located or on which the proposed building is to be located, as to that portion thereof abutting on a public street. (Ord. 376, 5-4-1965; amd. Ord. 573, 3-1-1977)
B. Deferral Of Required Improvements: Public improvements required to be installed in conjunction with on site improvements may be deferred under the following circumstances:
1. Where the city engineer, on behalf of the public works department, finds and determines that the area drainage facilities are inadequate and that the installation of all or a portion of the required public improvements would endanger the public welfare by reason thereof; or
2. Where the city engineer determines that it would be in the best interests of the city to cause all or a portion of the required work to be done on an area project basis rather than on an individual basis; or
3. Where the city council finds and determines that such requirements, as applied to an individual property by reason of an exceptional or extraordinary situation or the condition of such property, or the location thereof, or of the use or development of property in the immediate vicinity of such property, will involve practical difficulties or would cause undue hardship unnecessary to carry out the purposes and spirit of this chapter.
No such deferral shall be granted nor become effective unless and until an agreement between the property owner and the city is properly executed agreeing that the property owner will undertake the construction of the required improvements as required by these regulations within ninety (90) days after notice to begin the construction of such improvements is sent by the city to the property owner. Such agreement shall further provide that in the event of default in undertaking and completing the required improvements within the time specified, the city may cause such work to be done and the cost thereof to be assessed as a lien against the property. Such agreement shall recite that it runs with the land and shall be recorded in order to constitute notice to any prospective buyers or encumbrancers. (Ord. 561, 6-1-1976)
C. Inspection Expenses: All expenses for inspection shall be paid by the contractor. (Ord. 48, 3-21-1916)
D. Installation Prerequisite To Issuance Of Building Permit: No building permit shall be issued by the city under the city building code for any building on any premises unless improvements around the premises are already installed. No building permit shall be issued by the city under said code to remodel any building in excess of thirty percent (30%) of the estimated market value unless improvements around the premises are already installed. If all of such improvements are not already installed, no building permit shall be issued until and unless the permittee agrees to install such improvements not already installed, by a written agreement filed with the city.
E. Standards For And Time Of Construction:
1. General: Construction of improvements shall be made by the permittee, as provided in the agreement provided for in subsection D of this section, in accordance with city standards, and shall begin within thirty (30) days and be completed in not later than ninety (90) days from the date of the building permit.
2. Exceptions: Notwithstanding the city standards, if sidewalk or curb already exists along the street in the block, then such improvements need be installed only to the mean standard of existing ones. (Ord. 376, 5-4-1965)