Chapter 12.14, Section 12.14.060

Other

• Applicable zones

  Residential: R-1, R-2, R-3, R-E; Commercial: C, H-C; Industrial: L-I, I.

• Certificate of compliance required

  Upon completion of the installation or construction of curb and gutter, the work shall be inspected by the superintendent and if it is found to be in compliance with the applicable construction standards, a certificate of compliance shall be issued by the superintendent.

• City paving responsibility from curb3 ft

  The city shall be responsible for providing and installing paving materials from the outer edge of the curb and gutter to three feet into the street section.

• Curb and gutter installation timeline180 days

  Any buyer of any lot the frontage of which does not have curb and gutter constructed thereon which is zoned or used for residential, commercial, or industrial purposes ... shall within 180 days of consummation of the purchase ... install or construct ... curb and gutter along the entire frontage of the lot.

• Exemption where street lacks asphalt

  The provisions of this chapter shall not apply to any property frontage where the adjoining street does not possess an asphalt surface.

• Exemption for sales prior to effective date

  The provisions of this chapter shall not apply to the sale, transfer, or exchange of any residential lot consummated prior to the effective date of the ordinance codified in this chapter.

• Exemption for unique drainage conditions

  Should the property not readily accommodate the installation of curbs and gutters without extraordinary cost to the owner due to unique drainage conditions, the city engineer is authorized to modify the curb and gutter type normally required per city standards.

• Failure to construct is nuisance

  Any failure by a buyer to construct or cause the construction of curbs and gutters as required by this chapter shall be deemed a public nuisance and shall be subject to abatement as provided in Chapter 8.08 of this code.

• Fee in lieu of installation

  The superintendent may require the buyer to pay, in lieu of the installation or construction of curb and gutter, a fee equivalent to the estimated cost of such installation or construction at the time of purchase, to be deposited in a special account for the installation or construction of the curb and gutter by the city.

• Loan option for curb and gutter

  The buyer may elect to enter into a written loan agreement with the city for the purpose of financing the cost of the installation or construction of the curb and gutter. The term of the loan shall not exceed 60 months.

• Notice to buyer required

  Any real estate agent, real estate broker, real estate salesman, or title company, where representing a seller or buyer involved in the sale of residential, commercial, or industrial property ... shall give written notice to the buyer or prospective buyer of the requirements of this chapter prior to consummation of the sale of the property.

• Penalty for noncompliance

  Any failure by a buyer to comply with the requirements of this chapter shall constitute an infraction subject to the provisions of Government Code Section 36900(b).