Chapter 12.14 - Curbs and Gutters#

12.14.010 - Purpose of provisions.#

The city council finds and determines that:

1. There are currently existing within the city residential, commercial, and industrial lots the frontages of which do not have curbs and gutters constructed thereon.

2. The addition of curbs and gutters to residential, commercial and industrial lots will substantially aid the proper channelization of storm runoff, thus aiding in the removal of puddles and standing water which are breeding grounds for mosquitoes, improve road conditions on city streets, and enhance the appearance of said areas within the city.

3. There is presently no mechanism for the uniform installation of curbs and gutters along the frontage of residential, commercial, and industrial lots within the city.

(Ord. 523B §2(part), 1989)

12.14.020 - Definitions.#

For the purposes of this chapter, the following terms shall have the following definitions:

1. "Buyer" means any person who receives a present ownership interest in real property including any sale, exchange, lease with an option to purchase, or other transfer of an ownership interest in which a reassessment in property value occurs.

2. "Certificate of compliance" means a form used to indicate compliance with this chapter.

3. "City" means the city of Lincoln, California.

4. "Commercial property" means any real property within the city which is zoned C (commercial district) or H-C (highway commercial district) as those districts are defined in Chapters 18.22 and 18.24, respectively, of Division III of Title 18 of the Lincoln Municipal Code.

5. "Dwelling unit" means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

6. "Industrial property" means any real property within the city which is zoned L-I (light industrial district) or I (industrial district) as those districts are defined in Chapters 18.26 and 18.28, respectively, of Division III of Title 18 of this code.

7. "Residential" means any property within the city which is zoned R-1 (single-family residential district), R-2 (duplex residential district), R-3 (multiple-residential district), or R-E (residential estate district), as those districts are defined in Chapters 18.12, 18.14, 18.16 and 18.18, respectively, of Division III of Title 18 of this code.

8. "Superintendent" means the superintendent of public works of the city or his authorized representative.

(Ord. 523B §2(part), 1989)

12.14.030 - Exemption—Sale or exchange of residential dwelling units.#

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; provided, however, that any residential dwelling unit sold, exchanged, or transferred subsequent to the effective date of the ordinance codified in this chapter shall be subject to the provisions herein.

(Ord. 523B §2(part), 1989)

12.14.040 - Exemption—Sale or exchange of commercial or industrial properties.#

The provisions of this chapter shall not apply to the sale, transfer, or exchange of commercial or industrial property consummated prior to the effective date of the ordinance codified in this chapter; provided, however, that any commercial or industrial property sold, transferred, or exchanged subsequent to the effective date of the ordinance codified in this chapter shall be subject to the provisions herein. 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.§

(Ord. 523B §2(part), 1989)

12.14.050 - Exemption—Lack of existing asphalted surface.#

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

(Ord. 523B §2(part), 1989)

12.14.060 - General requirements.#

(a) 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 as defined in Section 12.14.020 above, shall within 180 days of consummation of the purchase, exchange, lease with an option to purchase, or other transfer of ownership interest, install or construct or cause to be installed or constructed curb and gutter along the entire frontage of the lot in accordance with the requirements and standards set forth in Chapter 12.04 of this code. Buyer's obligation shall be limited to the site preparation and construction of new curbs and gutters and shall not be obligated for the construction or relocation of drop inlets, sewer, water, gas, electric, or other utilities, or the reconstruction of existing curbs and gutters.

(b) As an alternative to the requirements of subsection (a) of this section, the following options are available to the buyer:

1. 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, provided that the curb and gutter must be installed or constructed within a reasonable time thereafter. If the actual cost of the installation or construction of the curb and gutter is less than the amount of the fees paid, the balance shall be refunded to the buyer; or

2. Provided that funds are budgeted and available, 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 principal amount of the loan shall be limited to the cost of installation or construction, as evidenced by actual invoices. The term of the loan shall not exceed 60 months and shall carry an annual interest rate which shall be the prevailing rate at the time the moneys are issued. The city shall bill the buyer monthly through its utility billing system. Payment shall be due and payable upon receipt of each billing.

3. Any such loan obligation shall be a personal obligation of the buyer and shall be recorded as a lien against the subject property. Upon entering into such an agreement, the buyer shall remain responsible for the obligation until either fully paid or a future buyer of the subject property agrees to assume the responsibility and enters into a separate written agreement with the city to pay the remaining loan balance at the same monthly payment rate as the original agreement.

(Ord. 523B §2(part), 1989)

12.14.070 - Notice to the buyer or prospective buyer.#

(a) 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 as defined in Section 12.12.020 above, 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.

(b) The superintendent shall give written notice to the buyer of the requirements of this chapter.

(c) The failure of any person specified in subsections (a) and (b) of this section to give notice as required hereinabove shall not excuse or exempt the buyer of a residential, commercial or industrial property, subject to the provisions of this chapter, from complying with the requirements set forth herein.

(Ord. 523B §2(part), 1989)

12.14.080 - Certificate of compliance.#

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.§

(Ord. 523B §2(part), 1989)

12.14.090 - Responsibility of city.#

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.§

(Ord. 523B §2(part), 1989)

12.14.100 - Failure to construct—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.§

(Ord. 523B §2(part), 1989)

12.14.110 - Implementation.#

The city administrator may, from time to time, establish practices and procedures to implement the provisions of this chapter.

(Ord. 523B §2(part), 1989)

12.14.120 - Violations—Penalty.#

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).§

(Ord. 523B §2(part), 1989)

12.14.130 - No limitation on other permit requirements.#

Nothing in this chapter shall be read to limit the right of the city to impose curb and gutter requirements on discretionary permits and building permits issued by the city.

(Ord. 523B §2(part), 1989)