Chapter 12.04
CONSTRUCTION
Sections:
ARTICLE I. UNIMPROVED PROPERTY
12.04.010 Unimproved property defined.
12.04.020 Improvement requirement.
12.04.050 Requirement – Endorsement.
12.04.060 Requirement – Appeal.
12.04.070 Completion required for occupation.
12.04.080 Deposit – In lieu of construction.
ARTICLE II. GENERAL
12.04.120 Selection of streets.
12.04.130 Notice to construct – Required.
12.04.140 Notice to construct – How given.
12.04.150 Notice to construct – Contents.
12.04.170 Cost assessment – Hearing.
12.04.180 Cost assessment – Lien.
12.04.190 Cost assessment – Collection as tax.
For statutory provisions on the construction of sidewalks, curbs and gutters, see Str. and Hwys. Code §5870 et seq.
ARTICLE I. UNIMPROVED PROPERTY
12.04.010 Unimproved property defined.
“Unimproved property” as used in this chapter means that property upon which, at the time application for a building permit is made, no structure or improvement exists for the construction of which a building permit would be required. (Prior code §6.6).
12.04.020 Improvement requirement.
The city engineer may require as a prerequisite to the issuance of a building permit for the construction of any structure or improvement upon unimproved property within the city, where such permit is required, and where no public sidewalk, curb, gutter and pavement exists, the construction of a public sidewalk, curb, gutter and pavement across such property as a part of the construction of such structure or improvement. (Prior code §6.7).
12.04.030 Required when.
Requirement by the city engineer of the construction of a public sidewalk, curb, gutter and pavement as set forth in this chapter, shall be limited to those cases where such construction is upon unimproved property abutting upon a public street or way or other area open to the public for pedestrian or vehicular traffic, and where the city engineer shall furnish an official grade to which the public sidewalks, curb, gutter and pavement shall be constructed. (Prior code §6.8).
12.04.040 Specifications.
The construction of such public sidewalk, curb, gutter, and pavement shall be in accordance with the specifications therefor of the city. (Prior code §6.9).
12.04.050 Requirement – Endorsement.
In the event the construction of a public sidewalk, curb, gutter and pavement is required as a prerequisite to the issuance of a building permit, an endorsement to that effect shall be made upon each such building permit at the time it is issued. (Prior code §6.10).
12.04.060 Requirement – Appeal.
Within ten days of a decision by the city engineer to require the construction of public sidewalks, curbs, gutters and pavement by an applicant under the provisions of this chapter, such decision may be appealed to the city council which shall render a decision on such application. (Prior code 66.11).
12.04.070 Completion required for occupation.
No structure, for which a building permit is required, shall be occupied or otherwise used, nor utility services supplied thereto, until, when required by the city engineer under the provisions of this chapter, such public sidewalks, curbs, gutters and pavement have been installed and approved by the city engineer. (Prior code 66.12).
12.04.080 Deposit – In lieu of construction.
The building inspector shall deny final approval and acceptance, and shall refuse to allow final public utility connections, to any such building or dwelling unless such public sidewalks, curbs, gutters and pavement as may have been required under this chapter exist, are constructed or unless a sum of money co guarantee their construction is deposited with the city, in an amount equal to the estimated cost or the construction of such required public sidewalks, curbs, gutters and pavement, as determined by the city engineer. (Prior code §6.13).
12.04.090 Deposit – Use.
Any sum of money deposited with the city pursuant to this chapter for the purpose set forth in Section 12.04.080 shall be expended by the city for, and only for, the construction of such required public sidewalks, curbs, gutters and pavement across the property for the benefit of which same was deposited; and on the completion of such construction, any unexpended portion thereof shall be refunded to the depositor. (Prior code 66.14).
ARTICLE II. GENERAL
12.04.100 Findings – Purpose.
The city council finds that there exist within the city many public streets which lack in varying degrees curbs, gutters and sidewalks and parking laws, causing inconvenience and potential hazard to pedestrians and bicyclists whose number is increasing due to the energy shortages and the desire or need to use public transportation, and damage or deterioration to the roadway pavement resulting from inadequate drainage control and inordinate amounts of foreign matter deposited upon such pavement from the unpaved sides of the roadway. It is the purpose of this chapter to provide for the orderly and systematic construction of frontage improvements within the public streets of the city which lack such improvements in order to promote and protect the public health and safety, property values, the city’s investment in the public streets and the general well-being of the community. (Ord. 1041 §1, 1979).
12.04.110 Definitions.
Unless the particular provision or the context otherwise requires, the definitions and general provisions contained in this section shall govern the construction of this chapter:
A. “City” means the city of Vacaville, a municipal corporation, and its duly authorized representatives.
B. “City clerk” means the city clerk of the city.
C. “City council” means the city council of the city.
D. “Corner lot reduction” is a reduction in the front footage assigned a parcel of land fronting on the intersection of two public streets. This reduction shall be forty percent of the total of both frontage of the parcel for industrial or residential property, and zero percent for commercial property.
E. “Curb return” means the portion of the curb, gutter and sidewalk at intersections which have no property frontage.
F. “Director of public works/city engineer,” “Public works director” or “city engineer” mean the director of public works and city engineer.
G. “Frontage” is the legal front footage of private or public property measured parallel along the property line of such property adjacent to the public street. “Fronting” and “facing” as used in this chapter mean abutting in the case of property adjoining an alley improvement.
H. “Frontage improvements” includes curbs, gutters, driveways, pavement to the centerline of the street, full pavement in alleys or any combination of the foregoing, and shall meet the construction design and standards of the city, and shall be located in conformance with standard street cross-sections approved by the director of public works/city engineer.
I. “Sidewalks” are the paved areas along the frontage of private or public property between the curbline and the property line, including driveways, and constructed in conformance with the standard specifications for such improvements in the city.
J. “Streets” or “public streets” includes avenues, highways, lanes, alleys, crossings or intersections, and courts which have been dedicated and accepted according to law, or which have been in common and undisputed use by the public for a period of not less than five years next preceding the effective date of the ordinance codified in this article. They do not include private streets. (Ord. 1041 §2, 1979).
12.04.120 Selection of streets.
The public streets in the city requiring curbs, gutters, and/or sidewalks, and upon which notice to construct same is to be given, shall be designated in a resolution adopted by the city council after a public hearing at which the owners of the abutting property and all other interested persons have been given an opportunity to be heard. At least ten days before the date scheduled for public hearing, the city clerk shall publish notice thereof once in the official newspaper of the city, and mail a copy of the notice to each owner of property on the block of the street being selected for improvement. At the public hearing, the city council shall hear and pass upon the objections or protests, if any, which may be made. The decision of the city council on all protests and objections which are made shall be final and conclusive. At the conclusion of the public hearing, the city council may proceed to adopt a resolution designating such street or streets or sections thereof, for improvements, and authorizing the public works director to proceed with actions outlined in this chapter by requiring the installation of the necessary frontage improvements. (Ord. 1041 §3, 1979).
12.04.130 Notice to construct – Required.
After the city council has adopted a resolution designating a public street or streets, or sections thereof, to be lacking frontage improvements and authorizing the public works director to give notice to construct such improvements, he or his authorized representative shall notify in writing the owners of the abutting property of such deficiency in the manner prescribed in this article. (Ord. 1041 i4 1979).
12.04.140 Notice to construct – How given.
Notice to construct shall be given by certified or registered mail and shall be deposited in the United States Post Office, with postage thereon fully prepaid, addressed to the person or persons listed as the owner of the property abutting or facing upon the street, streets or sections thereof where a lack of or inadequate frontage improvements exist, as the owner’s name appears in the most current equalized assessment roll of Solano County available to the public works director. (Ord. 1041 §5, 1979).
12.04.150 Notice to construct – Contents.
The notice to construct shall particularly specify what work is required to be done and how the same is to be done and what materials shall be used in the construction; what cost, if any, will be borne and paid for by the city; that if the property owner proceeds to undertake the construction by private contract, his activities will be governed by the provisions of this article; and that if the construction is not commenced within thirty days after the giving of the notice and prosecuted diligently without interruption to completion, the public works director shall proceed with the installation, and the cost of same shall be a lien on such property. The materials and construction work shall be in strict conformance with the applicable portions of the city’s standard specifications as they now exist, or as they may hereafter be amended. The notice shall also advise the property owner of the city’s right to cause the amount of the lien for the improvements to be placed upon the county assessment rolls for collection with the property taxes levied, and the authority of the city council to make advances for the improvements from curb, gutter and sidewalk revolving fund, subject to the property owner’s obligation to reimburse said fund in monthly, semiannual or annual installment. (Ord. 1041 §6, 1979).
12.04.160 City action.
If, upon the expiration of the thirty-day period provided for in this article, the construction work is not commenced, or is commenced within said thirty-day period, but not prosecuted to completion with due diligence, the public works director shall construct or cause to be constructed the required frontage improvements and file a certificate with the city council setting forth the fact that the construction has been completed and the costs thereof. Upon receipt of the public works director’s certificate, the city clerk, on behalf of the city council, shall thereupon fix a time and place for hearing protests and objections against the assessment for the costs of such construction work. The time of hearing shall not be less than twenty days from the date of filing of the public works director’s certificate. (Ord. 1041 §7, 1979).
12.04.170 Cost assessment – Hearing.
A. The city clerk shall, ten days prior to the date of the public hearing, send notice by certified or registered mail, deposited in the United States Post Office, with postage thereon fully prepaid, addressed to the person or persons listed as the owner of the real property abutting or facing upon the street, streets or sections thereof, where such improvements were made, as the owner’s name appears in the most current equalized assessment roll of Solano County available to the city clerk, setting forth a statement of the cost of the improvements and specifying the date, hour and place where the city council will hear protests and objections to the assessment of the cost of such construction work.
B. Upon the date and hour set for the hearing of protests or objections, the city council shall hear and consider all protests and objections, if any, and then proceed to affirm, modify or reject the assessment of the costs of such construction work upon said real property. The hearing of protests and the affirming, modifying or rejecting of the assessment may be continued from time to time in the manner prescribed in this article. The decision of the city council on all protests or objections which may be made shall be final and conclusive. (Ord. 1041 §8, 1979).
12.04.180 Cost assessment – Lien.
A. The cost of the construction work may be assessed by the city council against the parcel of real property abutting or fronting upon the improvements so constructed; and such cost so assessed, if not paid within fifteen days after its confirmation by the city council, shall constitute a special assessment against that parcel of real property, and shall be a lien on the property for the amount thereof from the time of recordation of a notice of lien, which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record.
B. The public works director may file in the office of the county recorder a certificate substantially in the following form:
NOTICE OF LIEN
Pursuant to the authority vested in me by Ordinance No. ____ of the City of Vacaville, I did, on the _____________ day of _________, 20__, or thereabouts, cause frontage improvements to be constructed, and the City Council of the City of Vacaville, did, on the _____________ day of _________, 20__, by Resolution No. _____, assess the cost of such construction upon the real property hereinafter described, and the same has not been paid nor any part thereof; and the City of Vacaville does hereby claim a lien on said real property in the sum of $______, and the same shall be a lien upon said real property until the sum, with interest at the rate of six percent (6%) per annum from the _____________ day of _________, 20__, has been paid in full and discharged of record.
The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land situated in the City of Vacaville, County of Solano, State of California, and more particularly described as follows:
DATED this _____________ day of _________, 20__ at Vacaville, California.
CITY OF VACAVILLE
A Municipal Corporation
By
Public Works Director
C. From and after the date of recording of the notice of lien, as provided for in this section, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitations shall not run against the right of the city to enforce the payment of the lien. If any such lien is not paid, the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed, under the Improvement Act of 1911 of the state, (Division 7, Sections 5000 through 6794 of the Streets and Highways Code). (Ord. 1041 §9, 1979).
12.04.190 Cost assessment – Collection as tax.
As an alternative method of collection of the amount of the lien, the city council, after confirmation of the report of the public works director, may order the notice of lien turned over to the county auditor, or other appropriate county official, who shall enter the amount thereof on the county assessment book opposite the description of the particular property, and the amount shall be collected together with all other taxes thereon against the property. The notice of lien to be effective for the next assessment year shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the-county board of equalization. Thereafter, the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes and county taxes are made applicable to such special assessment taxes. (Ord. 1041 §10, 1979).