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HomeMy WebLinkAbout2002-42RESOLUTION NO. 2002 - 42 RESOLUTION OF THE CITY' COUNCIL OF THE CITY OF UKIAH ADOPTING A SIDEWALK CONSTRUCTION REIMBURSEMENT PROGRAM WHEREAS, 1. Curb, gutter and sidewalk are currently required for newly constructed streets within the City of Ukiah; and 2. Under City Code Section 9181, a property owner is required to construct curb, gutter and sidewalk adjacent to the property's street frontage if the property owner is seeking to subdivide the property, develop unimproved property or construct improvements to an existing structure that are equal to or exceed 1/3 the assessed fair market value of the existing structure; and 3. The City Council finds that all City streets should include curbs, gutters and sidewalks on both sides of the street to protect pedestrians, properly control storm water drainage, and beautify the City; and 4. To help achieve that goal, the City Council hereby adopts the Sidewalk Construction Reimbursement Program as set forth in this reso}ution. NOW, THEREFORE, BE IT RESOLVED that: 1. Establishment of Program. There is hereby established the Sidewalk Construction Reimbursement Program ("Program") which shall become effective on July 1, 2002, and shall continue from year-to-year thereafter, unless repealed or modified by further action of the City Council. Reimbursement shall be available only for sidewalk work which has not commenced prior to the date this ordinance becomes effective. The Program shall be subject to the appropriation of funds for such purpose each year by the City Council. 2. Eligibility. The owner of any legally established parcel of property in the City of Ukiah ("Parcel") which is improved with an existing single family residence, including lawfully established second units as permitted by Ukiah City Code Section 9017, or any person duly authorized in writing by the owner to apply on his or her behalf ("Applicant") is eligible to apply for sidewalk construction cost reimbursement in accordance with this resolution. This includes owners required to construct sidewalk improvements by Ukiah City Code Section 9181.C (applicable to building permits where the permit value is equal to or greater than 1/3 the assessed fair market value of the existing structure). Property owners with zoning, health or building code violations on their property shall not be eligible to apply for reimbursement under this resolution, until those violations have been cured to the satisfaction of the Planning Department. 2. Reimbursement. An eligible Applicant may receive reimbursement for the cost of 1 constructing curb, gutter and sidewalk adjacent to the street frontage of his or her Parcel in an amount not to exceed $5,000 per parcel. The per Parcel limit applies to the total street frontage, including lots that front on more than one street, as in the case of corner lots. The amount reimbursed will be determined by the number of lineal feet of the Parcel's street frontage on which curb, gutter and sidewalk is constructed, in accordance with the following schedule: Construction Reimbursement Per Linear-Foot 1. Curb & gutter $14.00 . Sidewalk construction for a 4.5 foot wide sidewalk~ $13.50 3. Procedure. An Applicant shall complete, sign and submit to the City of Ukiah Public Works Department an application to participate in the Sidewalk Construction Reimbursement Program. The Applicant shall use an application form provided by the Public Works Department. The form shall include an agreement that the Applicant is undertaking the construction of the sidewalk improvements subject to the requirements of this resolution and his or her right to reimbursement shall be limited to the reimbursement authorized by this resolution. 3.1 Upon receipt of the application, the Public Works Director or his or her designee ("Director") shall determine whether the Applicant is eligible to participate in the Program. 3.2 If eligible, the Applicant must apply for and receive an Encroachment Permit from the Public Works Department before commencing any work in the public right of way. The following must be submitted to and approved by the Director prior to issuance of the Encroachment Permit: A. Construction plans; B. Proof of insurance and such indemnification agreement as are otherwise required for an Encroachment Permit; C. Evidence satisfactory to the Director that the work will be performed by a properly licensed construction contractor; D. Such warranty and warranty bond as is otherwise required for an Encroachment Permit; and Permit. E. Any other information or documents generally required for an Encroachment 3.3 The construction of the improvements may commence upon issuance of the ~For example, the maximum reimbursement for 60 LF of curb and gutter, plus 4.5_ sidewalk would be $1,650. 2 wide Encroachment Permit and must proceed in accordance with all conditions in that permit. The permit shall specify the inspections required by the Director and the contractor must provide not less than 24 hours prior notice, when requesting an inspection. The contractor shall not cover up work, requiring an inspection, until that inspection has occurred. 3.4 Upon approval of the work by the Director and his or her determination that the work has been completed in compliance with the Encroachment Permit and this resolution, the City shall reimburse the owner in accordance with Section 2 of this Resolution. The City shall endeavor to issue reimbursement checks within 30 days of final approval of the work by the Director. 4. Dispute Resolution. If an Applicant disputes any final determinations by the Director, he or she shall first appeal that decision to the City Manager by submitting a written description of the dispute and the relief requested within 10 days of the date the disputed decision was delivered or mailed to the Applicant, whichever occurs first. If the Applicant remains dissatisfied with the decision of the City Manager, he or she may appeal to the City Council, if a written appeal is filed with the City Clerk within 10 days of the date the City Manager's decision was delivered or mailed to the Applicant, whichever occurs first. PASSED AND ADOPTED on June 19, 2002, by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, and Vice-Mayor Baldwin. NOES: None. ABSENT: Mayor Ashiku. Phil Asfli'ku, Mayol ATTEST: Marie Ulvila, City Clerk RESOLUTION NO. 2002 -42 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE HOMEOWNERS' SIDEWALK CONSTRUCTION REIMBURSEMENT PROGRAM PREAMBLE: The City Council approved Resolution 2002-42 on June 19, 2002, at its regularly scheduled meeting, thereby adopting a proposed Homeowners' Sidewalk Construction Reimbursement Program. Subsequent to Council discussion, amendments, and approval, several clarifications are recommended by the City Attorney and staff. WHEREAS, 1. Curb, gutter and sidewalk improvements are currently required for newly constructed streets within the City of Ukiah. Many homes throughout the City's residential neighborhoods have been developed without sidewalks, and curb and gutter improvements, causing an impediment to the orderly passage of pedestrians; and 2. The City relies heavily on the provisions of City Code Section 9181, to accomplish infilling of missing sidewalks in residential neighborhoods, whereby a property owner is required to construct street frontage improvements if the proposed improvements to an existing structure equal or exceed 1/3 of the assessed fair market value of the existing structure; and 3. The owner of an existing home does not realize an income from an improvement such as an addition or upgrade, as does a developer constructing multi-family rental housing or a commercial complex, nor does the owner realize profit potential as when land is subdivided, and 4. It is the intent of the City Council in adopting this Resolution to reduce the financial burden on property owners improving residential property for their own use, but not to use scarce taxpayer dollars to subsidize the development of multi-family residential or commercial property or the creation of new lots, where the cost of constructing curb, gutter and sidewalk is a cost of doing business that can be recouped from the income produced by the development. 5. The City Council finds that all City streets should include curbs, gutters and sidewalks on both sides of the street to protect pedestrians, properly control storm water drainage, and beautify the City; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ukiah approves this revised Resolution to adopt the Homeowners' Sidewalk Construction Reimbursement Program as set forth in the following: 1. Establishment of Program. There is hereby established the Homeowners' Sidewalk Construction Reimbursement Program ("Program") which shall become effective on July 1, 2002, and shall continue from year-to-year thereafter, unless repealed or modified by further action of the City Council. Reimbursement shall be available only for sidewalk work, which has not commenced prior to the date this ordinance becomes effective. The Program shall be subject to the appropriation of funds for such purpose each year by the City Council. 2. Eligibility. The owner of any legally established parcel of property in the City of Ukiah ("Parcel") which is improved, as is described further herein, or any person duly authorized in writing by the owner of such property to apply on his or her behalf ("Applicant") is eligible to apply for sidewa!k construction cost reimbursement in accordance with this resolution. Owners shall be considered eligible if the subject property is improved with A) an existing single family residence, (B) an existing single family residence and a lawfully established second unit as permitted by Ukiah City Code Section 9017, and (C) duplexes, provided there is only one duplex structure constructed on one legal parcel, and further provided that one of the units is owner- occupied. This includes owners required to construct sidewalk improvements by Ukiah City Code Section 9181.C (applicable to building permits where the permit value is equal to or greater than 1/3 the assessed fair market value of the existing structure). The Director of Public Works ("Director") shall have the authority to make the final determination of eligibility of a project as it relates to the intent of this program. 3. Ineligibility. Property owners of other multi-family, commercial, and industrial facilities shall not be considered eligible for this Program. Nor shall any owner that is required to provide frontage improvements as a result of any division of land, or the development of vacant land. Property owners with zoning, health or building code violations on their property shall not be eligible to apply for reimbursement under this resolution, until those violations have been cured to the satisfaction of the Planning Department. 4. Reimbursement. An eligible Applicant may receive reimbursement for the cost of constructing curb, gutter, and sidewalk adjacent to the street frontage of his or her Parcel in an amount not to exceed $5,000 per parcel. The per Parcel limit applies to the total street frontage, including lots that front on more than one street, as in the case of corner lots. The amount reimbursed will be determined by the number of lineal feet of the Parcel's street frontage on which curb, gutter and sidewalk is constructed, and the width of sidewalk required as determined by the Director, in accordance with the following schedule: Construction Reimbursement Per Linear-Foot A. Curb & gutter $14.00 B. Sidewalk construction for a 4.5 foot wide sidewalk (at $3.00 per square foot)° $13.50 5. Procedure. An Applicant shall complete, sign, and submit to the City of Ukiah Public Works Department an application to participate in the Homeowners' Sidewalk Construction Reimbursement Program. The Applicant shall use an application form provided by the Public Works Department. The form shall include an agreement that the Applicant is undertaking the construction of the sidewalk improvements subject to the requirements of this resolution and his or her right to reimbursement shall be limited to the reimbursement authorized by this resolution. 5.1 Upon receipt of the application, the Director or his or her designee shall determine whether the Applicant is eligible to participate in the Program. 5.2 If eligible, the Applicant must apply for and receive an Encroachment Permit from the Public Works Department before commencing any work in the public right of way. The following must be submitted to and approved by the Director prior to issuance of the Encroachment Permit: A. Construction plans; °~For example, the maximum reimbursement for 60 LF of curb and gutter, plus 4.5' wide sidewalk would be $1,650. S. Proof of insurance and such indemnification agreement as are otherwise required for an Encroachment Permit; C, Proof of ownership and occupancy satisfactory to the Director to determine the eligibility of an applicant; D, Evidence satisfactory to the Director that the work will be performed by a properly licensed construction contractor; E, Such warranty and warranty bond as is otherwise required for an Encroachment Permit; and F. Any other information or documents generally required for an Encroachment Permit. 5.3 The construction of the improvements may commence upon issuance of the Encroachment Permit and must proceed in accordance with all conditions in that permit. The permit shall specify the inspections required by the Director and the contractor must provide not less than 24 hours prior notice, when requesting an inspection. The contractor shall not cover up work, requiring an inspection, until that inspection has occurred. 5.4 Upon approval of the work by the Director and his or her determination that the work has been completed in compliance with the Encroachment Permit and this resolution, the City shall reimburse the owner in accordance with Section 2 of this Resolution. The City shall endeavor to issue reimbursement checks within 30 days of final approval of the work by the Director. 6. Dispute Resolution. If an Applicant disputes any final determinations by the Director, he or she shall first appeal that decision to the City Manager by submitting a written description of the dispute and the relief requested within 10 days of the date the disputed decision was delivered or mailed to the Applicant, whichever occurs first. If the Applicant remains dissatisfied with the decision of the City Manager, he or she may appeal to the City Council, if a written appeal is filed with the City Clerk within 10 days of the date the City Manager's decision was delivered or mailed to the Applicant, whichever occurs first. PASSED AND ADOPTED on July 17, 2002, by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, and Vice-Mayor Baldwin. NOES: None. ABSENT: Mayor Ashiku Phill~VJksh~ku, Mayor ATTEST: Marie Ulvila, City Clerk