Chapter 12.28
LOCAL IMPROVEMENTS
Sections:
12.28.010 Agreement – Required.
12.28.020 Agreement – Immediate construction.
12.28.030 Agreement – Deferred construction.
12.28.060 Penalty for violation.
12.28.010 Agreement – Required.
A. No building permit shall be issued, and no person shall be entitled to the issuance of a building permit, for the construction of a new building, structure, or improvement on a parcel of property used or intended to be used for other than a one-family or a two-family dwelling, or for additions to, alteration or remodeling of a building or structure on such property which will alone, or in combination, with any prior addition, remodeling or alteration within the immediately preceding year, increase its appraised value by twenty-five percent or more, unless plans for street and utility improvements meeting the requirements of this chapter are filed with and approved by the city engineer, and the owner of the property has executed an agreement with the city on the terms and conditions, and in substantially the form of the agreement set forth in Section 12.28.020, or the following conditions exist:
1. In those cases where it is determined by the city engineer that the cost of constructing and installing the required standard city improvements will be less than two thousand dollars, the city engineer may waive the requirement that the owner execute the agreement set forth in Section 12.28.020, and require that the owner or contractor execute a consent that no occupancy permit will be issued, that no utility connections will be made to said building, and said structure or improvement will not be occupied or used until such standard city improvements are completed as required; or
2. In those cases where it is determined by the city engineer to be in the best interest of the city, and in furtherance of the public convenience, safety and welfare that construction of all or some of said standard city improvements be deferred, due to unusual conditions of topography, lack of improvement on adjacent portions of the same street, or for other good cause, the city engineer may require as an alternative to the execution of the agreement set forth in Section 12.28.020, that the owner of the property execute an agreement with the city, pertaining to the deferred standard street improvements, prior to the issuance of a building permit, on the terms and conditions and in substantially the form of the agreement set forth in Section 12.28.030.
B. The execution of either agreement abovementioned, agreeing to perform the covenants and conditions therein set forth, or the execution of the consent hereinabove mentioned, as may be directed by the city engineer, shall be deemed adequate compliance with this chapter. (Ord. 286 § l, 1966)
12.28.020 Agreement – Immediate construction.
AGREEMENT
THIS AGREEMENT, made and entered into this______ day of ______, 19__, by and between the City of Capitola, a municipal corporation, hereinafter referred to as “City”, and _________, hereinafter referred to as “Owner”:
WHEREAS, Owner desires to construct a building or improvements adjacent to a public street which does not meet the standard of improvement required by Resolution No. 844;
WHEREAS, Owner has filed plans for such street and utility improvements, which have been approved by the City Engineer of the City of Capitola, and is prepared to construct said street and utility improvements in accordance with a schedule approved by said City Engineer;
NOW, THEREFORE, IT IS AGREED, by and between the parties hereto, as follows:
1. City agrees to issue to Owner a building permit, authorizing the construction of a building or improvements on the property of Owner more particularly hereinafter described, which permit is conditional upon Owner completing the construction and installation of the standard improvements referred to in Ordinance No. _______, with the following exceptions:
All of said improvements shall be constructed and installed in accordance with City of Capitola standard specifications and design and the plans on file hereinafter designated as “_______”, dated ____, with the approval of the City Engineer of Capitola endorsed thereon. All of such improvements shall be completed to the satisfaction of the City Engineer of the City of Capitola on or before ______ unless for a good cause the City Engineer of the City of Capitola shall extend the time for the completion thereof, in which event all of said improvement shall be completed by the date specified in such extension.
2. Owner agrees to hold City free and harmless and to indemnify City against any and all loss, cost, expense or liability which may arise out of, or in connection with, either directly or indirectly, the construction or installation by Owner of any of the street and utility improvements herein mentioned.
3. Final approval of the building or other improvements to be constructed on the property of Owner hereinafter described, shall not be granted until such time as all of the standard street and utility improvements herein required have been completed to the satisfaction of the City Engineer of the City of Capitola.
4. Owner agrees to post a Faithful Performance Bond, written by a corporate surety approved by City, or to provide other guarantees, as may be required by the City Engineer, guaranteeing the performance of the terms of this agreement, in an amount not to exceed the estimated cost of the improvements herein mentioned, with the City Engineer of the City of Capitola prior to the commencement of construction.
Owner further agrees to obtain public liability insurance insuring owner and the City of Capitola as an additional insured for amounts not less than One Hundred Thousand Dollars ($100,000.00) for death or injury to any person in any one occurrence, and not less than Three Hundred Thousand Dollars ($300,000.00) for the death of or injury to more than one person, in any one occurrence, and not less than Fifty Thousand Dollars ($50,000.00) for any property damage in any one occurrence. Such policy shall not be cancelable without ten (10) days notice to the City of Capitola. Owner shall file a certificate of insurance which indicates that such insurance has been issued in the amounts herein indicated, to insure owner’s liability assumed hereunder.
5. The property of owner is more particularly described in Exhibit “A” hereto attached, and by this reference incorporated herein as though fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first hereinabove written.
“City”: CITY OF CAPITOLA,
a municipal corporation
By_______________
Mayor
“Owner:”__________________
__________________
(Ord. 286 § 2, 1966)
12.28.030 Agreement – Deferred construction.
AGREEMENT
THIS AGREEMENT, made and entered into the ____day of ____ 19___, by and between the CITY OF CAPITOLA, a municipal corporation, hereinafter referred to as “City”, and ________, hereinafter referred to as “Owner”:
IT IS AGREED, by and between the parties hereto, as follows:
1. The City agrees that Owner’s execution and performance of the terms of this agreement will be deemed to be in compliance with the provisions of Ordinance No. _______, and if owner complies in every respect with all other applicable laws of the City of Capitola, the State of California, and other appropriate agencies, he or she shall be entitled to the issuance of a building permit.
2. Owner agrees to sign any and all petitions, waivers, consents, and any other papers necessary to improve street(s) and the construction and installation of sanitary sewers, and storm sewers, water mains, street lights, and all necessary appurtenances to such improvements, and such other standard City improvements as may be required by the City Engineer of said City of Capitola fronting on and adjacent to the property of Owners as hereinafter described, and to waive all right to protest such improvements, but not the right to protest the amount or manner of spreading the assessment therefor, if the same shall appear to Owner to bear inequitably or unfairly upon said property of owner hereinafter described.
3. If any of said standard City improvements, including curb, gutter, sidewalks, grading and paving of the surface of ______ street (3) fronting on and adjacent to the property of Owner hereinafter described, are to adjacent to the property of Owner hereinafter described, are to be constructed prior to the formation of any such assessment district. Owner hereby agrees that such improvement shall be constructed only upon obtaining the prior approval of the said City Engineer of the City of Capitola, and also in accordance with Standard City specifications and under the direction and to the satisfaction of said City of Capitola.
4. Owner further agrees that said City Engineer of the City of Capitola may require as a condition to the construction and installation of any improvements mentioned herein, prior to the formation of any assessment district therefor, that all of said standard City improvements required, to be constructed shall be constructed and installed at one and the same time.
5. Owner hereby agrees that in the event Owner constructs, or causes the construction, of the improvements and installations herein mentioned prior to the formation of any assessment district, that Owner will hold City free and harmless and indemnify City against any and all loss, expense or liability which may arise out of, or in connection with, either directly or indirectly, the said construction or installation by Owner of any of the improvements herein mentioned.
6. It is the intention of the parties hereto that the covenants herein contained shall run with the land herein described and shall be binding upon the heirs, executors, assigns, administrators, and successors of the parties hereto, and shall be construed to be a benefit and a burden upon the property of Owner herein described. This Agreement shall be recorded.
7. The property of Owner which is the subject of this agreement is more particularly described in Exhibit “A”, hereto attached and by this reference incorporated herein.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.
“City”: CITY OF CAPITOLA,
a municipal corporation
By_______________
Mayor
“Owner:”__________________
__________________
(Ord. 286 § 3, 1966)
12.28.040 Variance.
Where practical difficulties, unnecessary hardship and results inconsistent with the general purposes of this chapter may result from a strict application of certain provisions contained herein, an exception may be granted by the city engineer upon such reasonable conditions as he or she feels are necessary to secure the purposes of this chapter insofar as possible. (Ord. 286 § 4(a), 1966)
12.28.050 Appeal.
In case the applicant is not satisfied with a decision of the city engineer, he or she may appeal such decision to the city council in accordance with the provisions of this chapter. (Ord. 286 § 4(b), 1966)
12.28.060 Penalty for violation.
A. Any person, firm or corporation, whether as principal, agent, employees, or otherwise, violating or causing the violation of any of the provisions of this chapter, or of any permit, issued pursuant to this chapter, shall be guilty of a misdemeanor, and shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed or continued by such person, firm, or corporation, and shall be punishable therefor as provided for a misdemeanor in the Penal Code of the state.
B. In addition to enforcing penalties for any such misdemeanor, the city may institute civil action to enjoin any violation of any provision of this chapter, or to secure any other appropriate legal or equitable relief, including abatement.
C. In addition to all other penalties imposed by this chapter, the construction of any building or improvement, or in the maintenance of any such building or improvement, contrary to the terms of this chapter or of any permit issued under this chapter, shall constitute such building or improvement a public nuisance, and the same may be abated by appropriate legal action. (Ord. 286 § 4(c), 1966)