§ 13-210. STREET IMPROVEMENTS DEFERRAL. INFILL AREAS.

(a)  Sidewalk Deferrals. Deferral of sidewalk requirements may be granted by the Director pursuant to the procedures in subsection (a) of Section 13-216 if the Director finds that all the following conditions exist:

(1) The property is zoned for single-family residential uses.

(2) The property is located in an infill area of the city where other property in the general vicinity is substantially developed.

(3) More than fifty percent of the street upon which the property is located, between the nearest intersecting streets, does not have sidewalks.

(4) The street frontage of the property constitutes twenty percent or less of the adjacent street frontage between the two nearest intersecting streets.

(5) The deferral will not presently or prospectively have a detrimental effect upon pedestrian safety, school routes, handicap facilities or pedestrian traffic resulting from mass transit service.

(b)  Concrete Improvement Deferrals. Deferral of concrete improvement requirements, including curbs, gutters and driveway approaches, may be granted by the Director pursuant to the procedures in subsection (a) of Section 13-216 if the Director finds that all the following conditions exist:

(1) The property is zoned for single-family residential uses.

(2) The property is located in an infill area of the city where other property in the general vicinity is substantially developed.

(3) More than fifty percent of the street upon which the property is located, between the nearest intersecting streets, is not improved in accordance with the Standard Specifications.

(4) The frontage of the property constitutes twenty percent or less of the street frontage between the two nearest intersecting streets.

(5) Construction of the concrete improvements is not needed to eliminate existing drainage problems.

(6) Sidewalks do not exist in the area or are also deferred pursuant to subsection (a) of this section.

(7) The deferral will not presently or prospectively have a detrimental effect upon pedestrian safety, school routes, handicap facilities or pedestrian traffic resulting from mass transit service.

In addition to the above, the Director may also grant a deferral of concrete improvement requirements if he determines that the improvements cannot be constructed to permanent grade without major reconstruction of an adjacent street.

(c) Any request for sidewalk or concrete improvement deferral pursuant to this section shall be submitted by the property owner in writing. The request shall include a reasonably detailed statement on how the property qualifies for deferral under this section. The request shall also be accompanied by a fee in the amount designated in the Master Fee Schedule.

(d) No sidewalk or concrete improvement deferral shall be permitted on major streets or for parcel maps consisting of more than four parcels.

(e)  Deferral Agreement. Any deferral pursuant to this section shall be conditioned on the owner entering into an agreement with the city for future construction of such sidewalks or concrete improvements at his sole cost and expense, including but not limited to cost of inspection. The agreement shall be recorded and shall be subject to and provide for the following:

(1) Construction of improvements shall commence within ninety days after the date of written demand from the Director to construct the improvements. The demand shall be based on the Director's determination that one or more of the conditions described in subdivisions (1) through (5) of subsection (a) or in subdivisions (1) through (7) of subsection (b), as applicable, have substantially changed. The demand shall state the basis for the demand and be mailed to the owner at the address specified in the agreement.

(2) Within sixty days after written demand by the Director to construct the improvements, the owner shall provide security to guarantee construction and completion of the deferred improvements. The security shall be in an amount equal to one hundred percent of the estimated cost of completing the improvements and shall be in the form of cash, a certificate of deposit assigned and payable to the city, an irrevocable straight letter of credit, or other form acceptable to the Director and the City Attorney. The security shall be maintained in full effect at all times until the improvements are completed and accepted by the City.

(3) The owner shall not protest the formation of any assessment district to finance construction or acquisition of the deferred improvements.

(4) If the owner fails to construct or complete the deferred improvements within the time required by the agreement, the city may, but shall not be obligated to, construct and complete the improvements. The owner shall be fully responsible for all costs incurred by the city in connection with completion of the improvements. A final accounting of such costs, when confirmed by the Director and recorded in the official records of the County, shall be a lien on the property. The owner shall be given written notice of the costs, by certified mail, at the most recent address on file with the Director or, if none, at the owner's address shown on the last equalized assessment roll. If the owner does not pay the costs in full within thirty days after the date of such notice, interest shall accrue on the unpaid costs at the maximum legal rate from the date the accounting of the costs was confirmed. The lien shall not be released until all such costs, including accrued interest, are paid in full, according to terms specified in the agreement. The remedy provided in this subdivision (4) shall be in addition to and without limitation on any other rights or remedies that may be available to the city, including but not limited to the right to resort to any security submitted by the owner.

(5)  Appeal. The owner may appeal the Director's demand for construction of the deferred improvements to the Council, but only to the extent such demand is based on the Director's determination that the condition described in subdivision (5) of subsection (a) or subdivision (7) of subsection (b), as applicable, has substantially changed. The appeal must be received by the Director within fifteen days after the date of the written demand for construction from the Director. The appeal shall be in writing and state in reasonable detail why the appeal should be granted. Upon receipt of a proper appeal within the fifteen day period, the Director shall set aside the demand for construction of the deferred improvements and set the matter for hearing before the Council within thirty days after the date of filing the appeal. Notwithstanding the above, a demand for construction of deferred improvements made in conjunction with an assessment district shall not be subject to appeal. (Added Ord. 88-46, § 1, eff. 4-15-88).