§ 12-1508. POSTPONEMENT OF INDUSTRIAL DEVELOPMENT IMPROVEMENTS.  


Latest version.
  • The Public Works Director may allow postponement of industrial development improvements required by this Code or imposed as a condition of an industrial entitlement. Postponement of such improvement requires a finding that such improvement will not be contrary to the public health and safety and is not detrimental to the orderly development of the property subject to the entitlement or property near the subject property. Wherever this Code otherwise requires improvements, the Public Works Director may require that all postponed industrial improvement, be subject to an agreement between the City and the property owner which complies with the following:

    (1) The agreement shall be in a form and content prescribed by the Public Works Director and approved by the City Attorney.

    (2) The agreement shall be signed by all persons having a record title interest in the real property being served by the improvements to which the connections requested, and shall include the legal description of the property.

    (3) The agreement shall constitute a covenant running with the land, establishing a lien on the property in favor of the City in the amount of the costs of such improvements.

    (4) The agreement shall be recorded with the Fresno County Recorder's Office. In the case of parcel maps, the improvement requirements may be reflected in a certificate on the map.

    (5) The agreement shall be enforceable by the City in any manner available at law or in equity, including but not limited to private foreclosure and sale of the property in the manner provided in Section 2924 of the California Civil Code.

    (6) The Public Works Director may require security for improvement agreements. (Added Ord. 97-29, § 1, eff. 7-28-97).