No building permit, when such permit is required by the provisions of this code, shall be issued for the erection or construction, or the moving onto any land, of any building or structure, or for the remodeling or converting of any building or structure when the reasonable value thereof, as determined under the standards set forth in the most recent edition of the Uniform Building Code of the International Conference of Building Officials, exceeds $10,000, unless concrete curbs and gutters, sidewalks, standard driveway approaches and matching pavement are provided, except as follows:
(A) Lots having a frontage of 200 feet or more on a public maintained street or highway and where only one single-family dwelling is to be constructed and structures for uses appurtenant thereto.
(B) When the Director of Public Works finds that the installation of concrete curb and gutter and sidewalk, standard driveway approaches and/or matching pavement is undesirable or unfeasible due to the possibility of increased traffic hazards, bad drainage, difficulties for on-street parking, driveway access, or the establishment of grade lines; or any other condition which the Director of Public Works deems justifiable in delaying such street improvements until the public maintained thoroughfare is reconstructed, the owner shall deposit a sum of money, surety bond, or an approved instrument of credit, in an amount set by the Director of Public Works equal to the estimated cost of the improvements, which may be retained and used by the city to make such improvements, after regrading or reconstruction has been done or other need for postponement has been eliminated or has ceased to exist.
(C) In the case of lots having a street or road frontage of less than 200 feet, which are of legal record on the effective date of this subchapter, and for which no official street plan and profile providing for adequate drainage or street width has been adopted by the City Council or for other reasons as determined by the City Engineer for which a delay in the installation of such improvements would be of advantage to the city, a recordable deferred street improvement agreement providing for the installation of concrete curb, gutter, matching pavement and sidewalk (when required by this code) and specifying a sum to be expended for improvements in an amount set by the City Engineer, equal to his estimate of the cost of such improvements, plus 15% for each full year installation of improvements is deferred, may be executed in lieu of making such improvements. Such agreement shall be in form as approved by the City Attorney and as accepted on behalf of the city by the City Engineer or his authorized deputy, and when recorded shall constitute a lien upon the property.
(1) The agreement shall be performed and complied with upon demand of the Director of Public Works after a finding by the City Council that one or more of the conditions listed below is applicable:
(a) A satisfactory drainage system exists, with direct benefit to such lot, which will accommodate surface storm water to the established community standard.
(b) The public maintained thoroughfare abutting the lot is to be or has been reconstructed to a satisfactory grade.
(c) 50% of the frontage of a particular block on the side of the street on which the lot is located has curb, gutter, sidewalk and matching pavement installed or the owners of such percentage of frontage have agreed to install such improvements by agreements executed pursuant to the provisions of this division. For purposes hereof, block shall be the distance on one side of a street between two intersecting streets as shown on the recorded subdivision map, or 1,000 feet, whichever is less. The City Engineer shall establish the limits of the 1,000 feet, for the purpose of determining that 50% of frontage is or will be improved. In the case of a cul-de-sac or dead-end street, block shall mean the distance along one side of the street for not more than 1,000 feet, as determined by the City Engineer.
(d) That special circumstances exist which justify requiring immediate construction of street improvements.
(2) The Director of Public Works shall give 30 days notice, in writing, to the owner of the property to install the required improvements.
(3) If the owner of the property refuses or neglects to install the required improvements within such period of 30 days, the agreement may be referred to the City Attorney for action for enforcement of the lien thereof, or the improvements may be installed by the Department of Public Works and the cost thereof shall become a lien and charge upon the property and collectable in the same manner as unpaid taxes, together with the costs of collection.
(4) Upon the satisfactory completion of the obligation or a substitution of the agreement by a cash deposit with the city as provided in the agreement, the city shall record a release and satisfaction exonerating the agreement and lien thereof.
(`67 Code, § 5-6-2) (Ord. 86-19, passed 8-25-86)