Chapter 12.12
CONSTRUCTION, RECONSTRUCTION AND REPAIR OF SIDEWALKS

Sections:

12.12.010    General provisions.

12.12.020    Notice of necessity for—Hearing—Notice to construct sidewalk—Construction by city—Notice of construction cost.

12.12.030    Cost of construction—Collection—Filing notice of lien.

12.12.040    Cost of construction—Alternative method of collection.

12.12.010 General provisions.

A. As used in this chapter, “sidewalk” includes a park or parking strip maintained in the area between the property line and the street line and also includes curbs, gutters, bulkheads, retaining walls or other works for the protection of any sidewalk or of any park or parking strip or any of the above.

B. This chapter constitutes a separate and alternative procedure for performing and collecting the cost of the work specified in herein. The procedures set forth in this chapter are in addition to and the limitations imposed by this chapter do not affect the powers conferred or procedures prescribed by Charter or the general law.

C. For purposes of this chapter “superintendent of streets” means the director of public services. (Prior code § 7350)

12.12.020 Notice of necessity for—Hearing—Notice to construct sidewalk—Construction by city—Notice of construction cost.

A. When the council preliminarily determines by resolution that the public interest, convenience and necessity require the construction, reconstruction or repair of sidewalks within the city, it shall cause to be published, a notice generally describing the location of the sidewalk or sidewalks to be constructed, reconstructed or repaired and shall specify the day, hour and place when the council will hear and pass upon objections or protests, if any, which may be raised by any property owner or other interested persons. The publications shall be by two successive insertions in a newspaper of general circulation published in the city. The first publication shall be at least twenty days before the date of hearing.

B. A copy of the notice shall be posted within three hundred feet of each parcel of real property liable to be assessed for the cost of any of the work. The posting shall be completed at least ten days before the date of hearing. No proceeding shall be held invalid for failure to post within three hundred feet of any parcel of the real property if this section has been substantially complied with; provided, that the publication of notice set forth in subsection A of this section and the posting set forth in this subsection may be dispensed with upon written consent of the affected property owners wherein the property owners agree to the day and hour for the hearing.

C. On the day and hour fixed for the hearing, the council shall hear and pass upon the objections or protests of property owners or other interested parties.

D. If the council by no less than 4/5 vote of all the members thereof by resolution finds and determines that the public convenience and necessity require the construction, reconstruction or repair of the sidewalks described in the notice, or any part thereof, the Special Assessment, Investigation, Limitation and Majority Protest Act of 1931 shall not apply to the proceedings.

E. If the council makes the finding specified in subsection D of this section, it shall order the superintendent of streets to notify the owner or person in possession of the property fronting on the sidewalk to be repaired or reconstructed or fronting on that portion of the street in which no sidewalk has been constructed theretofore, to construct or cause to be constructed, repair or caused to be repaired, or reconstruct or cause to be reconstructed a sidewalk in the front of his or her property.

F. The superintendent of streets shall forthwith give notice to construct, reconstruct or repair by delivering a written notice personally to the owner or person in possession or by mailing a postal card, postage prepaid, to the person in possession or owner at his or her last known address as the same appears on the last equalized assessment roll of the city.

G. The notice shall particularly specify what work is required to be done, how it is to be done and what material shall be used in the construction, reconstruction or repair and shall further specify that if the construction, reconstruction or repair is not commenced within thirty days after notice is given and diligently and without interruption prosecuted to completion, the superintendent of streets shall cause the construction, reconstruction or repair, as the case may be, to be done and the cost of the same shall be a lien on the property. However, upon written request of an affected property owner, the thirty-day period and notice thereof may be waived and the superintendent of streets may with due diligence cause the work to be done and the cost of the same made a lien upon or collected with taxes against the property.

H. If the construction, reconstruction or repair are not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith cause the construction, reconstruction or repair to be done either with city forces or by contract duly let pursuant to the City Charter.

1. Upon the completion of the construction, reconstruction or repair, the superintendent of streets shall prepare and file with the council a report specifying the work which has been done, the cost thereof, a description of the real property in front of which the work has been done and the assessment against each lot or parcel of land. Any such report may include work done in front of any number of parcels of property, whether contiguous to each other or not.

J. Upon completion of the construction, reconstruction or repair, the superintendent of streets and the city clerk shall cause notice of the cost of the construction, reconstruction or repair to be given in the manner specified in this section for the giving of notice to construct, reconstruct or repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost thereof, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost and any other interested persons.

K. Upon the day and hour fixed for the hearing, the council shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed and any other interested persons. Thereupon the council may make such revision, correction or modification in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The council may adjourn the hearing from time to time. The decisions of the council on all protests and objections which may be made shall be final and conclusive. (Prior code § 7350.1)

12.12.030 Cost of construction—Collection—Filing notice of lien.

A. The cost may be assessed by the council against the parcel of property fronting upon the sidewalk constructed, reconstructed or repaired, and such cost so assessed, if not paid within five days after its confirmation by the council, shall constitute a special assessment against such parcel of property, and shall be a lien on the property for the amount thereof from the time of recordation of the notice of lien, which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record.

B. The finance director may file in the office of the county recorder a certificate substantially in the following form:

NOTICE OF LIEN

Pursuant to the authority vested in me by Ordinance No. 1014 of the City of San Luis Obispo, I did on the day of 19 cause the sidewalk, curb, gutter or perk or parking strip, bulkheads, retaining walls or other works (as the case may be) in the front of the real property hereinafter described, to be constructed, reconstructed or repaired, and the Council of said city did, on the day of 19 by Resolution No.

assess the cost of such repair upon the real property in the sum of dollars ($), and the same shall be a lien upon the real property until the said sum, with interest at the rate of 10 percent per annum, from the said day of 19 (insert date of confirmation of assessment), has been paid in full and discharged of record.

The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of San Luis Obispo, State of California, and particularly described as follows, to wit:

(Description of property)

Dated this ___ day of ____, 19____

Finance Director C. From and after the date of recording the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The Statute of Limitations shall not run against the right of the city to enforce the payment of the lien. If any such lien is not paid, the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under Division 7 of the Streets and Highways Code of the state. (Ord. 1014 § 1, 1984: prior code § 7350.2)

12.12.040 Cost of construction—Alternative method of collection.

A. As an alternative method of collection of the amount of the lien, the council may, after confirmation of the report of the superintendent of streets, order the notice of lien to be delivered to the director of finance who shall enter the amount of the assessment on the city assessment roll opposite the description of the particular property, and the amount shall be collected together with all other taxes thereon against the property.

B. Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such special assessment taxes.

C. If the assessment is one thousand dollars or more the council may authorize the assessment to be collected in installments on the tax roll, in which case the notice of lien shall contain an apportionment of the principal amount of the assessment into the number of yearly installments as ordered by the council. Such installments shall bear interest on the unpaid balance at a rate not to exceed ten percent per year. The interest shall begin on the first of the month following the confirmation of the assessment by the council. In the event such installments and accrued interest are not paid when due, then the full balance of such assessments and accrued interest shall become immediately due and payable and shall thereafter be subject to the same penalties and interest and to the same procedure under foreclosure and sale as in the case of delinquencies, as provided for ordinary city taxes.

D. The proceedings conducted under this chapter shall be subject to all the curative clauses and powers of reassessment provided in the Improvement Act of 1911 as said Act now exists or as hereafter amended. (Ord. 1014 § 2, 1984: prior code § 7350.3)