HomeMy WebLinkAboutORD NO 1456 ORDINANCE NO. 1456 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD PROVIDING FOR THE CONSTRUCTION
OF CURBS, GUTTERS, SIDEWALKS AND DRIVEWAY
APPROACHES FOR NEW, REMODELED OR EXPANDED
BUILD INGS.
BE IT ORDAINED by the CounCil of the City of Bakersfield
as follows:
CHAPTER 12.40
12.40.010 Builder to Provide for Concrete Curbs~
Gutters~ Sidewalks~ Driveway Approaches. Any owner, lessee or
agent constructing or arranging for ~he construction of any new
building or of any building altered or expanded in excess of twenty-
five per cent of the value of such building, as indicated by the
assessed valuation or for any building in which there is a change
in occupancy where a bu/lding permit is required~ or any property
required to be used for off-street parking as set forth to Chapter
17.56 of the Bakersfield Municipal Code~ w~thin the City of
Bakersfield, shall also provide concrete curbs~ §utters~ side-
walks and driveway approaches in accordance with approved City of
Bakersfield Standard Drawings and Specifications on file in the
office of the Director of Public Works. The foregoing is appli-
cable in all zones of the City as established by Title Seventeen
of this Code except in the following:
a. In R-1 (Single Family) Zones~ where less than
twenty-five percent of frontage along any one
side of a block has concrete curbs~ gutters,
sidewalks~ or any combination thereof.
bo In M-2 (General Manufacturing) Zones, concrete
curbs, gutters and driveway approaches shall be
provided~ but sidewalks may be omitted.
12.40.020 Provision for Final Approval bT Chief Buildin~
Inspector~ Postin~ of Bond or Cash. The Chief Building Inspector
shall withhold final approval and acceptance for occupancy to any
building or property until one of the following conditions exist.
a. All curbs, gutters ~ sidewalks and driveway approaches
required by this Chapter are in existence.
b. The construction of required curbs, gutters, side-
walks and driveway approaches is guaranteed by cash,
certified check or a corporate surety bond, approved
by the City Attorney.
Said bond, cash or certified check shall be deposited
with the City. The amount of said bond, cash or certified check
shall be determined by the Director of Public Works, based upon
his careful estimate of cost of construction of the requirements.
Provided further, that in the event the permittee shall have failed
or refused to construct the improvements required by t/~e permit
within thirty days after notice in writing by the City, the City
may use that portion of money deposited for faithful performance
necessary to construct said curbs, gutters, sidewalks and drive-
way approaches. The City shall refund to permittee any excess
remaining after construction of said improvements. In the event
the owner, lessee, or agent furnishes labor and materials and shall
construct or cause to be constructed said curbs, gutters, sidewalks
and driveway approaches in accordance with specifications of the
City of Bakersfield he shall be entitled to a return of said sum
so deposited after final approval of materials and work by the
Director of Public Works, and the expiration of the time for
filing liens for materials furnished or labor perform~-d in connec-
tion therewith.
12.040.030 Exception for Hardship. Not~ithstanding any
other section of this chapter, in the event of unnecessary hard-
ship or results inconsistent with the general purpose o£ this
chapter result through the strict and literal interpretation and
enforcement thereof in relation to properties which, because of
topography, size, shape, location, or other special circumstances
might be unreasonably or inconsistently affected by the provisions
of this chapter, the Director of Public Works m~y, upon receipt
of substantial data relative to the property affected, waive the
provisions of this chapter in respect to construction of sidewalks.
..... 000 .....
I HEREBY CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield
at a regular meeting thereof held on the 4th day of ~ebruarF
1963~ by the followin§ vote:
NO~.S~-~'~'~~' . --~" ~ ~
CITY CLERK and e~-offxcxo Clerk
of the Council of the City of
Bakers field.
APPROVED THIS.... 4th day of February ~ 1963.
MAYOR' ' '~.; ,i./OL.., '~ .-,,--.'.~ ....
of th~-.~'ity o~ Bakersfield
.~, - .;.'. ~
Af av t of ost ng r nan es
STATE OF C.~TJFORNIA, ~
County of Kern } ss.
MARIAi~ S. IR~rIN, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on ..... .t...h...e.....5_t..h......d..a.~.....o...f.....F...e..b...1,...u..a_.~.~ .................. ,19..6..3.... she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on...~]1.e.....4..J~..h....d~,~'....O.~...1~.~A~,~'X..., 19.~.3.., which ordinance
was numbered ................. .1...4...5..6.. ............ New Series, and entitled:
AN ORDINANCE OF Tm~ COUNCIL OF THE CITY OF
BAKERSFIELD PROVIDING FOR THE CONSTRUCTION
OF CURBS, GUTTERS, SIDEWALKS AND DRIVEWAY
APPROACHES FOR NEW, REMODELED OR EXPANDED
BUILDINGS.
Subscribed and sworn to before me this
?'"'" ;~" 5t'h' iday of FebruarI/. ,19...6..3....
; .~ : .~'otary Publi~. ih and for t~c County of Kern, State of Cal/forn/a
~. · : :WALTER ~7. S,~.,~r, 1Votury Publle
'-;.,_~: ) ,.. __.~......." · ~' Y~y Oonu~ission E:~pifes June 8~ ~