§ 8-05-050. Option to construct.

(a)

In those cases where the street, curb and gutter has not been constructed in place when application for a permit as provided in section 8-05-020 is made, and the city engineer has established or can establish the location and grade of such street curb and gutter, then the person making such application shall have the option of constructing such street, curb and gutter according to the provisions of this article, or of omitting the construction of such street curb and gutter until such time as the street curb and gutter along such block is constructed by or at the instance of the city. In the event the applicant decides not to construct that portion of the street curb and gutter abutting his property, then all of the inner curbing required by this article which lies between the outer edge of the sidewalk and the location of the street curb shall also be omitted.

(b)

In those cases where the grade and location of the street curb and gutter cannot be established because of existing conditions, then the street curb and gutter and that portion of the inner curbing lying between the outer edge of the sidewalk and the street curb must be omitted until such time as the remaining street curb and gutter along such block is constructed by or at the instance of the city.

(Code 1960, § 9-7-5; Ord. No. 393, 4-11-67; Ord. No. 1003, § 53, 3-25-97)