12.24.130 Installation of public improvements – Deferral of requirements.
A. In the event that the installation of all or any of the improvements required by CVMC 12.24.040 would, if presently installed, create a hazardous or defective condition or be impractical, or if said installation of any or all of said improvements would be incompatible with the present development of the neighborhood or be impractical or premature because of the existing condition of the surrounding property, or that it would be desirable to install said improvements as a part of the overall plan for the development of public improvements in a certain area, the property owner or his agent may apply to the City Engineer for a deferral of the requirements of this chapter, stating the grounds and reasons therefor.
B. If the City Engineer, at his discretion, feels that such grounds or exceptions are reasonable and that the requested deferral should be granted, the City Engineer may defer imposition of the requirements of this chapter on such applicant, subject to the conditions set forth herein.
1. The applicant shall execute a deferral agreement through which the applicant acknowledges his obligation to install the improvements at such time as requested by the City Engineer and agrees not to protest the formation of an assessment district or similar mechanism intended to finance the improvements.
2. The applicant for a deferral of such improvements shall pay a fee as presently designated, or as may be in the future amended, in the master fee schedule to cover investigation and processing of such requests.
3. The applicant owner shall provide the City with security equal to the estimated cost of the improvements, as approved by the City Engineer, plus 10 percent of such cost. The security shall be in the form of a cash deposit, a lien on the subject parcel, or other form individually approved by the City.
a. A lien shall also provide for reasonable attorney fees and costs in the event that it becomes necessary for the City to foreclose upon such lien.
b. The deferral agreement required in subsection (B)(1) of this section shall stipulate that should said lien be extinguished by foreclosure of prior liens or otherwise, the improvements may be installed or provided by the City and the cost thereof becomes a lien against said property.
c. The denial of a request for a deferral of public improvements may be appealed to the City Council in the same manner as provided for appeal of requests for waiver of public improvements, as set forth in CVMC 12.24.110. (Ord. 3282 § 1, 2013; Ord. 3223 § 1, 2012).