Chapter 12.04
CONSTRUCTION OF STREETS AND SIDEWALKS
Sections:
12.04.010 Unimproved – Declared nuisance.
12.04.020 Compliance required.
12.04.030 Final approval requirements.
12.04.040 Smith Subdivision requirements.
For statutory provisions regarding the construction of sidewalks, curbs and gutters, see Streets and Highways Code § 5780 et seq.
12.04.010 Unimproved – Declared nuisance.
The existence of unimproved curbs, gutters, sidewalks and streets adjoining dwellings and buildings within the city is found and declared to be prejudicial to the public health, safety and welfare of the inhabitants of the city. (Ord. 228 § 1, 1955).
12.04.020 Compliance required.
Any person who constructs or causes to be constructed any building or dwelling in the city shall construct curbs, gutters, sidewalks and streets in accordance with the city specifications along all street frontage adjoining the property upon which such building or dwelling is constructed, unless adequate curbs, gutters, sidewalks or streets already exist; provided, however, that in areas not subdivided or parceled into lots of one-half acre or less, such curbs, gutters, sidewalks and streets need not extend a greater distance than the side yards or the side and rear yards in the case or corner lots. Whether or not adequate curbs, gutters, sidewalks and streets already exist shall be determined in each instance by the building inspector or the city council, and an endorsement to that effect shall be made upon each building permit at the time it is issued. (Ord. 228 § 2, 1955).
12.04.030 Final approval requirements.
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 the curbs, gutters, sidewalks and streets exist, are constructed, or unless money or a bond to guarantee their construction is deposited with the city in a sum equal to the estimated cost of the construction of the improvements as determined by the building inspector or the city council. (Ord. 228 § 3, 1955).
12.04.040 Smith Subdivision requirements.
In that section of the city commonly known as Smith Subdivision, Smith Subdivision No. 1, and Smith Subdivision Annex, any person who constructs or causes to be constructed any building or dwelling shall construct curbs, gutters and streets in accordance with the city specifications along all street frontage adjoining the property upon which such building or dwelling is constructed, unless adequate curbs, gutters and streets already exist, in accordance with the provisions of HMC 12.04.020, but the construction of sidewalks shall not be required of persons constructing buildings or dwellings in the Smith Subdivision, Smith Subdivision No. 1 and Smith Subdivision Annex, and the construction of the sidewalks shall not be required as a prerequisite to final approval by the building inspector pursuant to HMC 12.04.030. (Ord. 238 § 1, 1956; Ord. 228 § 3-1/2, 1955).
12.04.050 Exception.
The regulations prescribed in HMC 12.04.020 and 12.04.030 shall not apply to any building or dwelling the construction of which began prior to the effective date of the ordinance codified herein. (Ord. 228 § 4, 1955).
12.04.060 Person defined.
As used in this chapter, “person” means and includes any person, firm, partnership, association, corporation, company or organization of any kind. (Ord. 228 § 5, 1955).