CHAPTER 3
STREETS

SECTION:

Article 1. General Provisions

7-3-101:    Official Bench Mark to Establish Grades of Streets, Sewers, and Other Public Works

7-3-102:    Green Streets Policy, Definition and Applicability

7-3-103:    Street; Definition

7-3-104:    Street Vacation Proceedings

7-3-105:    Alley Intersection Dedication Procedure

7-3-106:    Highway Dedication and Improvement

7-3-107:    Repairing and Washing Vehicles Upon Streets or City Property Prohibited; Exceptions

Article 2. Reserved

Article 3. Special Gas Tax Street Improvement Fund

7-3-301:    Special Gas Tax Street Improvement Fund

7-3-302:    Monies Paid Into Fund

7-3-303:    Expenditure

Article 4. Street Improvement Proceedings

Division 1. General Provisions

7-3-401:    Purpose of Article

7-3-402:    Special Assessments Investigation, Limitation and Majority Protest Act Not Applicable

7-3-403:    Incidental Expense

7-3-404:    Property Subject To Improvement under This Article

7-3-405:    Improvements Authorized

7-3-406:    Map or Diagram; Apportioning Costs of Improvement

Division 2. Initiating Proceedings by Petition

7-3-407:    Initiating Proceedings by Petition

7-3-408:    Requisites for Filing Petition

7-3-409:    Alternative Petition for Alley Improvements

7-3-410:    Petitions in which all Property Owners Participate

7-3-411:    Resolution of Intention Following Petition

Division 3. Hearing and Ordering Work

7-3-412:    Authority of Council to Proceed Without Petition

7-3-413:    Sufficiency of Resolution of Intention; Time for Hearing

7-3-414:    Publication of Resolution of Intention

7-3-415:    Any Combination of Improvements May be Included in Single Proceeding

7-3-416:    Posting of Notices

7-3-417:    Mailing of Notices

7-3-418:    Notice; Form and Contents

7-3-419:    Affidavits

7-3-420:    Filing of Protests

7-3-421:    Hearing; Adjournments

7-3-422:    Changing Proposed Work or Boundaries

7-3-423:    Ordering the Work

7-3-424:    Completion of Work; Computing Actual Cost

Division 4. Assessment, Sale and Redemption

7-3-425:    Assessment; Manner of Determining

7-3-426:    City May Pay Assessment on Publicly Owned Property

7-3-427:    Record of Assessment

7-3-428:    Notice of Assessment

7-3-429:    Appeal to Council

7-3-430:    Delivery of Assessment Roll to City Treasurer

7-3-431:    Assessment Lien

7-3-432:    Limitation on Actions Contesting the Validity of Assessments

7-3-433:    Interest and Penalty for Nonpayment of Assessment

7-3-434:    Sale of Real Property for Nonpayment of Assessment

7-3-435:    Transmittal of Record to County Tax Collector

7-3-436:    Redemption

7-3-437:    Installment Payment of Assessments

7-3-438:    Authority of City Treasurer to Defer Installment Payments

Article 5. Construction and Repair of Sidewalks and Curbs

Division 1. Repair of Sidewalks and Curbs

7-3-501:    Purpose of Article

7-3-502:    Definitions

7-3-503:    Adoption of Statutes by Reference

7-3-504:    Abandoned or Dangerous Driveways

7-3-505:    Period during which Owner or Occupant may Make Repairs

7-3-506:    Notice to Repair; Form and Content

7-3-507:    Public Works Director to Keep Record

7-3-508:    Refund

7-3-509:    Installment Payments

Division 2. Construction of Sidewalks and Curbs

7-3-510:    Purpose of Division

7-3-511:    Definition

7-3-512:    Installment Payments

Article 6. Banners over Streets

7-3-601:    Definitions

7-3-602:    Permit Required; Granting of, Limited

7-3-603:    Application for Permit

7-3-604:    Permit Fee

7-3-605:    Bond and Insurance

7-3-606:    Rules and Regulations

7-3-607:    Contents of Permit

7-3-608:    Display of Permit

7-3-609:    Duration and Renewal of Permit

7-3-610:    Erection, Maintenance and Removal of Street Decorations

Article 7. Encroachment on City Property

7-3-701:    Definition

7-3-701.1:    Encroachment on City Property Unlawful

7-3-702:    Exemptions

7-3-703:    Application for Permit

7-3-704:    Encroachment Permit Fee

7-3-705:    Dangerous and Defective Conditions Prohibited; Assumption of Liability by Permittee

7-3-706:    Removal; Notice and Penalties; Nuisance; Misdemeanor

7-3-707:    Insurance and Indemnity for Encroachments

7-3-708:    Encroachment Permit for Wireless Telecommunications Facilities (WTFs) in the Public Right-of-Way (PROW)

7-3-708.5:    Appeal of Director’s Decision on Wireless Telecommunications Facility Encroachment Permits

Article 8. Procedure for Establishing Setback Lines

7-3-801:    Proceedings Initiated By Council or by Petition

7-3-802:    Petition; Contents and Map

7-3-803:    Report of City Planning Board

7-3-804:    Environmental Impact Report

7-3-805:    Authority and Power of Council to Order Establishment of Setback Lines

7-3-806:    Resolution of Intention; Contents

7-3-807:    Posting and Publication

7-3-808:    Mailing

7-3-809:    Protests; Filing

7-3-810:    Power of Council; Ordinance Establishing Setback Line

7-3-811:    Unlawful to Violate Proposed Setback Line While Proceeding is Pending; Building Permits Void

7-3-812:    Unlawful to Violate Setback Line Once Established

Article 9. Street and House Numbering Plan

7-3-901:    Definition of Block

7-3-902:    Base Lines for Street Numbers

7-3-903:    Odd and Even Numbers

7-3-904:    Spacing of Numbers

7-3-905:    Numbering to Begin at Base Lines; First Numbers

7-3-906:    Placing Numbers on Buildings; Height and Width of Numerals

7-3-907:    Duty of Public Works Director to Designate Numbers

7-3-908:    Display of Numbers Required; Wrong Numbers Prohibited

7-3-909:    Change of House Numbers and Mailing Addresses

Article 10. Street Name Procedures

7-3-1001:    Street Name Change Requests

7-3-1002:    Council Procedure

7-3-1003:    Criteria for Street Names

7-3-1004:    Subdivisions

ARTICLE 1. GENERAL PROVISIONS

7-3-101: OFFICIAL BENCH MARK TO ESTABLISH GRADES OF STREETS, SEWERS, AND OTHER PUBLIC WORKS:

The sea level datum, as determined by the U.S. Coast and Geodetic Survey (1944-1946 adjustment), and established as 626.615 feet above sea level on a monument designated as Bench Mark No. 1 of the City of Burbank and as U.S. Coast and Geodetic Survey Bench Mark “H32 -- Reset 1959” Standard Disc located at the foot of and at the center of the second flight of steps to the main entrance of the Burbank City Hall, 275 East Olive Avenue in the City, is hereby declared to be the datum or base elevation of the City for the purpose of establishing and designating the official grades of the streets, sewers, and other public works in the City. [Formerly numbered Section 26-1; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-102: GREEN STREETS POLICY, DEFINITION AND APPLICABILITY:

A.    Green Streets Policy: The Public Works Director shall develop, approve and maintain a policy regarding how and when green streets should be constructed and maintained throughout the City.

B.    Green streets: Improvements within the public and private transportation corridors that provide source control of storm water, limit its transport and pollutant conveyance to the collection system, restore predevelopment hydrology to the extent possible, and provide environmentally enhanced roads by incorporating a wide variety of design elements including but not limited to, street trees, sustainable pavements, bioretention, and swales, and are designed to reduce greenhouse gases (GHG), energy consumption during construction, and promote recycling of natural resources.

C.    Applicability: The Green Streets Policy shall apply to new streets and road construction of 10,000 square feet or more of impervious surface area, and street and road redevelopment that results in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site. [Added by Ord. No. 15-3,865, eff. 7/17/15.]

7-3-103: STREET; DEFINITION:

For the purpose of this chapter, the term “street” shall mean any public thoroughfare or right of way, including any alley, dedicated or acquired for use as a public thoroughfare or right of way. [Added by Ord. No. 3065, eff. 5/16/87; replaces section repealed by Ord. No. 2602.]

7-3-104: STREET VACATION PROCEEDINGS1:

Any person who petitions the Council to vacate a street or highway, or close a street or highway to public use, or vacate a public service easement, shall file such petition with the Community Development Department. Every petition shall be accompanied by the appropriate fees designated in the Burbank Fee Resolution. No petition shall be deemed complete unless such fees have been paid.

Notice of street vacation proceedings shall be mailed, postage prepaid, to owners of property within a radius of one thousand feet (1,000') of the exterior boundaries of the street or alley proposed for vacation at least ten (10) days prior to the action by the Council. [Formerly numbered Section 26-4; amended by Ord. No. 3205, eff. 10/20/90; 3146, 3133, 3065; 3058.]

7-3-105: ALLEY INTERSECTION DEDICATION PROCEDURE:

A.    Requirements: Except as otherwise provided in this section no building or structure shall be erected, reconstructed, altered or enlarged, and no building permit shall be issued therefor if such lot is adjacent to the intersection of two (2) alleys and has frontage on both alleys, unless a corner cutoff is dedicated for street purposes as herein specified.

1.    Providing:

(a)    No such dedication shall be required with respect to those portions of a lot occupied by a building other than an accessory building which exists on November 1, 1978 and remains standing thereafter.

(b)    No such dedication shall be required where both alleys in both directions are dedicated so as to provide vehicular access to a publicly dedicated street.

Notwithstanding any other provision in this section said corner cutoff shall be dedicated as specified herein whenever said previously described real property is part of a new tract map or parcel map being recorded subsequent to the effective date of this section.

The Public Works Director, with the approval of the Fire Chief, may approve and allow such variations from the requirements of the dedication contained in this section as said individuals determine are necessary due to the conditions of the terrain and existence of improvements contiguous to the property involved.

B.    Dedication Procedure:

1.    Any person required to dedicate land by the provisions of this section shall make an offer to dedicate property executed by all parties of interest including beneficiaries and trustees in deeds of trust as shown by a current preliminary title report prepared by the title company approved by the Public Works Director.

2.    For purposes of this section, dedication shall be considered as satisfactorily assured when the Public Works Director accepts for recordation the offer to dedicate herein provided for.

C.    Improvement Procedure: Whenever dedication is required as a condition of issuing a building permit, the City shall assume the expense of paving the area of the dedication unless the dedication is being made as a requirement for filing a tract or parcel map. Said paving shall not be performed unless and until the two (2) adjacent alleys are paved.

D.    Dedication Standards: The following standards shall apply as to the required dedication:

1.    Intersection of two (2) 15-foot alleys - fifteen feet (15') along each alley.

2.    Intersection of a fifteen foot (15') and a twenty foot (20') alley - ten feet (10') along each alley.

3.    Intersection of two (2) 20-foot alleys - five feet (5') along each alley.

4.    Intersection of two (2) alleys of widths other than those specified - to be proportioned according to the relative width of the two (2) alleys. [Added by Ord. No. 2688; formerly numbered Section 26-4.1; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-106: HIGHWAY DEDICATION AND IMPROVEMENT:

A.    Requirements: Except as otherwise provided in this section, no building or structure shall be erected, reconstructed, structurally altered or enlarged, and no permit shall be issued therefor on any lot in any R-3 or less restrictive zone if such lot:

1.    Abuts a street which is not dedicated to the ultimate width as set forth by the Council and improved to the satisfaction of the Public Works Director to meet the particular requirements of the street and proposed project for which a permit is requested.

2.    Is bounded on two (2) adjacent sides by intersecting streets and does not have the corner of the lot fronted by the intersecting streets dedicated to have a fifteen foot (15') radius or comparable corner cutoff as determined by the Public Works Director depending on the intersecting angle of the streets and improved with sidewalk.

B.    Exceptions: The provisions of subsection A of this section shall not apply as follows:

1.    When an existing building or accessory structure is within the area otherwise required to be dedicated when said building or accessory building was constructed prior to January 1, 1979, dedication of less than the ultimate width of the street, and improvements thereon, may be required by the Public Works Director depending upon the particular requirements of the street and proposed project in question.

2.    Where existing street improvements, street pavement, curb, gutter and sidewalk, exist within the present dedicated area, no further improvements shall be required.

C.    Dedication Procedure:

1.    In order for a permit to be issued it shall be required that the owner of said property make an offer to dedicate said right of way executed by all parties of interest including beneficiaries and trustees in deeds of trust as shown by a current preliminary title report prepared by a title company approved by the Public Works Director.

2.    For purposes of this section, dedication shall be considered as satisfactorily assured when the Public Works Director accepts for recordation the offer to dedicate herein provided for.

D.    Improvement Procedure:

1.    Any person required to make improvements by the provisions of this section shall either make and complete them to the satisfaction of the Public Works Director or shall file with the City a bond in such an amount as the Public Works Director shall estimate and determine to be necessary to complete all of the improvements required.

2.    Such bond may be either a cash bond or a bond executed by a company authorized to act as a surety in this State. The bond shall be payable to the City and be conditioned upon the faithful performance of any and all work required to be done, and that should such work not be done or completed within the time specified, the City may, at its option, cause the same to be done or completed, and the parties executing the bond shall be firmly bonded under a continuing obligation for the payment of all necessary costs and expenses incurred in the construction thereof.

The bond shall be executed by the owner of the lot as principal, and if a surety bond, shall also be executed by a corporation authorized to act as a surety under the laws of the State of California.

3.    Whenever the owner elects to deposit a cash bond, the City is authorized in the event of any default on his part, to use any or all of the deposit money to cause all of the required work to be done or completed, and for payment of all costs and expenses therefor. Any money remaining shall be refunded to the owner.

4.    When a substantial portion of the required improvement has been completed to the satisfaction of the Public Works Director and the completion of the remaining improvements is delayed due to conditions beyond the owner’s control, the Public Works Director may accept the completed portion and consent to a proportionate reduction of the surety and in an amount estimated and determined by the Public Works Director to be adequate to assure the completion of the required improvements remaining to be made.

5.    Whenever a surety bond has been filed in compliance with this section, the City is authorized, in the event of any default on the part of the principal, to enforce collection, under such bond, for any and all damages sustained by the City by reason of any failure on the part of the principal faithfully and properly to do or complete the required improvements, and in addition may cause all of the required work to be done or completed, and the surety upon the bond shall be firmly bound for the payment of all necessary costs thereof.

6.    The term of the bond shall begin on the date of the deposit of cash or the filing of the surety bond, and shall end upon the date of the completion to the satisfaction of the Public Works Director of all improvements required to be made. The fact of such completion shall be endorsed by a statement thereof signed by the Public Works Director and the deposit shall be returned to the owner, or the surety bond may be exonerated at any time thereafter.

For purposes of this section, improvement shall be considered as satisfactorily assured when the Public Works Director accepts the cash or surety bond provided for herein or the improvements required to be made have been completed to his satisfaction. When the Public Works Director accepts the bond or the work has been completed to his satisfaction he shall notify the Building Director thereof.

E.    Issuance of Building Permits: When all dedications and improvements required by this section have been completed or satisfactorily assured a building permit may be issued.

F.    Fees Waived: Notwithstanding any other provisions of this code to the contrary, no fee shall be charged for the rendering of any service by the City in connection with any dedication or improvement required by the provisions of this section and not a part of a subdivision proceeding.

G.    Lots Affected by Street Widening: On a lot which is affected by street widening required by the provisions of this section, all yard setbacks, required parking area, loading space and building locations for new buildings or structures or additions to buildings or structures shall be measured and calculated from the new lot lines being created by said widening; however, in applying all other provisions of this chapter, the area of such lot shall be considered as that which existed immediately prior to such required street widening.

H.    City May Share The Cost Of Making Unusual Improvements: Upon proper application to the Council and upon recommendation of the Public Works Director, the City may accept and provide for contribution toward the cost of making any improvement required by the provisions of this section which the Public Works Director determines will cost an amount greatly in excess of the cost to other property owners who are required to make improvements under the provisions of this section in the immediate vicinity of the said improvement. [Added by Ord. No. 2710; formerly numbered Section 26-4.2; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-107: REPAIRING AND WASHING VEHICLES UPON STREETS OR CITY PROPERTY PROHIBITED; EXCEPTIONS:

A.    Repair on Streets: No person shall repair a vehicle, or install a part or accessory thereon, while the vehicle is upon a street or City property.

B.    Washing on Streets: No person shall wash or clean a vehicle standing upon a street which is within or contiguous to any area zoned for commercial or manufacturing use, or upon City property.

C.    Emergency Repairs: This section, shall not prohibit the driver of a disabled vehicle from effecting emergency repairs necessary to enable the vehicle to proceed or to be removed from the street or from City property; nor shall this section apply to the repair, washing or cleaning of City vehicles by City personnel upon City property specifically devoted to the purpose. [Formerly numbered Section 26-5; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 2. RESERVED2

ARTICLE 3. SPECIAL GAS TAX STREET IMPROVEMENT FUND

7-3-301: SPECIAL GAS TAX STREET IMPROVEMENT FUND:

To comply with the provisions of Article 5, Chapter 1, Division I of the Streets and Highways Code of the State, with particular reference to the amendments made thereto by Chapter 642, Statutes of 1935, there is hereby created in the City Treasury a special fund to be known as the “Special Gas Tax Street Improvement Fund.” [Formerly numbered Section 26-23; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-302: MONIES PAID INTO FUND:

All monies received by the City from the State under the provisions of said Streets and Highways Code for the acquisition of real property or interests therein or for the construction, maintenance or improvement of streets other than State highways shall be paid into said fund. [Formerly numbered Section 26-24; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-303: EXPENDITURE:

All monies in said fund shall be expended exclusively for the purposes authorized by Article 5, Chapter 1, Division 1 of the Streets and Highways Code of the State, and shall be subject to all of the provisions hereof. [Formerly numbered Section 26-25; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 4. STREET IMPROVEMENT PROCEEDINGS3

DIVISION 1. GENERAL PROVISIONS

7-3-401: PURPOSE OF ARTICLE:

This article constitutes a separate and alternate procedure for the performance of public work and improvements on streets, and/or sidewalks, and/or other public property and rights of way, in whole or part, including, but not limited to, property over which the immediate possession and right of use has been obtained under the provisions of Section 14, Article 1 of the State Constitution, in which the whole or any part thereof is to be paid by the special assessment upon the lands benefited thereby, and for the levy and collection of such assessments. [Formerly numbered Section 26-26; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-402: SPECIAL ASSESSMENTS INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT NOT APPLICABLE:

The provisions of Division 4 of the Streets and Highways Code of the State, known as the “Special Assessment Investigation, Limitation and Majority Protest Act of 1931”, shall not apply to proceedings taken under this article. [Formerly numbered Section 26-27; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-403: INCIDENTAL EXPENSE:

Whenever used in this article, the words “incidental expense” shall include administrative overhead, the cost of printing and advertising provided for in this article, the compensation of the person appointed by the Public Works Director to take charge of and superintend any of the work authorized by this article, the expenses of making the assessment and of preparing and typing the resolutions, notices and other papers and proceedings for such work, the expenses of making any analyses and tests to determine that the work or any materials or appliances incorporated therein comply with the specifications, and any other expenses incidental to the construction, completion and inspection of the work. [Formerly numbered Section 26-28; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-404: PROPERTY SUBJECT TO IMPROVEMENT UNDER THIS ARTICLE:

All streets, or property, or rights of way owned by the City, open or dedicated to public use, and any property for the immediate possession and use of which an order in eminent domain proceedings has been obtained, are open streets, property or rights of way owned by the City for the purposes of this article, and the Council is hereby invested with jurisdiction in order to be done therein, over or thereon, any of the work mentioned in this article, under the proceedings described herein. [Formerly numbered Section 26-29; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-405: IMPROVEMENTS AUTHORIZED:

The Council may under the proceedings described in this article, order any property mentioned in Section 7-3-404 of this article, to be improved or repaired by or have constructed or reconstructed therein, over or thereon, either singularly or in any combination thereof, any of the following:

A.    Grading, Paving: Grading or paving.

B.    Sidewalks: The construction or reconstruction of sidewalks, crosswalks, steps, safety zones, platforms, seats, statuary, fountains, parks and parkways, culverts, bridges, curbs, gutters, tunnels, subways or viaducts.

C.    Sewers: Sanitary sewers or instrumentalities of sanitation, together with the necessary outlets, manholes, catch basins, disposal plants, connecting sewers, ditches, drains, conduits, tunnels, channels or other appurtenances.

D.    Drainage: Drains, tunnels, sewers, conduits, culverts, and channels, for drainage purposes, together with necessary outlets, manholes, catch basins, disposal plants, drains, conduits, channels, appurtenances.

E.    Lighting: Poles, posts, wires, pipes, conduits, tunnels, lamps, and other suitable or necessary appliances for the purpose of lighting streets, property or rights of way owned by the City.

F.    Fire Protection: Pipes, hydrants and appliances for fire protection.

G.    Flood Protection: Walls of rock or other material to protect the streets and other property in the City from overflow by water.

H.    Water Supply: Wells, pumps, dams, reservoirs, storage tanks, channels, tunnels, conduits, pipes, hydrants, meters or other appurtenances for supplying or distributing the domestic water supply.

I.    Retaining Walls: Retaining walls, embankments and other structures necessary or suitable in connection with any of the work mentioned in this section.

J.    Bomb or Fallout Shelters: The construction or maintenance of bomb shelters or fallout shelters which are primarily designed to protect and shelter the population from conventional or nuclear bomb or missile warhead explosions, shellfire, radiation, and fallout in the event of any enemy attack.

K.    Green Street Improvements: Subject to new development or redevelopment meeting certain thresholds, the Green Streets Policy will require green street improvements aimed at capturing and either infiltrating or treating storm water runoff.

L.    Other Work: All other work which may be deemed necessary to improve the whole or any portion of any street, property or right of way owned by the City; and all other work auxiliary to any of the foregoing, which may be required to carry out the same.

M.    Environmental Impact Report: No improvement which may have a significant effect on the environment shall be authorized under this section until an environmental impact report is prepared, processed and considered in accordance with the provisions of Title 9, Chapter 3, Article 1 of this code, unless the improvement is otherwise exempt from the provisions of that article. [Formerly numbered Section 26-30; amended by Ord. No. 15-3,865, eff. 7/17/15; 3058, 2383.]

7-3-406: MAP OR DIAGRAM; APPORTIONING COSTS OF IMPROVEMENT:

A.    Preparation Of Map And Assessment Roll: Before the Council adopts a resolution of intention as provided in Section 7-3-412 of this article and before a petition is issued as provided in Section 7-3-407 of this article, the Public Works Director shall prepare a map or diagram showing each public street, alley or other public place proposed to be improved, the general nature, location and extent of the proposed improvement and add to be assessed to pay the costs thereof, numbered to correspond with the numbers in the proposed assessment roll provided for in this article. The parcels of land shall be included within a district to be known as the assessment district and indicated by a boundary line shown upon the map or diagram. The district may be described by:

1.    Stating the exterior boundaries thereof; or

2.    Giving a description thereof according to any official or recorded map or maps; or

3.    Referring to a plat or map on file in the office of the City Clerk or Public Works Director which shall indicate by a boundary line the territory to be included in the assessment district, and which shall govern for all details as to the extent of the district.

Said map or diagram shall accompany and be a part of the proposed assessment roll and shall show the total estimated costs of the proposed improvement, inclusive of incidental expenses, and the estimated amount of the assessments proposed to be assessed upon each parcel of land, in proportion to the estimated benefits to be received.

The estimated cost of the improvement and incidental expenses shall be separately stated.

If apportionment is proposed to be made on a frontage basis, each lot or parcel of land fronting on the improvement shall be charged with its proportionate share of the estimated cost of the work based upon the total frontage of property fronting on the improvement. If the apportionment is not so made the diagram prepared by the Public Works Director shall show the relative location of each lot or parcel of land within the assessment district to the proposed improvement.

The proposed assessment roll shall contain a statement in bold letters that the assessment which will be made for the proposed improvement will be based upon the actual costs of the improvement, including incidental expenses.

B.    Map And Assessment Roll Open To Public Inspection: When said map or diagram has been completed and it, together with the proposed assessment roll, shall have been filed with the City Clerk and approved by the Council, the fact and date of such approval shall be endorsed thereon by the City Clerk and the map or diagram and proposed assessment roll shall be open to public inspection.

 

C.    City Can Pay Portion Of Costs If In Public Interest: Whenever the Council finds that it is in the public interest that the City pay a portion of the cost of any improvement authorized under this article, the Council may by motion or resolution provide for the amount or percentage of the costs of the improvement which the City is to contribute and the City shall pay said amount or percentage in accordance with said motion or resolution. [Formerly numbered Section 26-31; renumbered by Ord. No. 3058, eff. 2/21/87; 2258.]

DIVISION 2. INITIATING PROCEEDINGS BY PETITION.

7-3-407: INITIATING PROCEEDINGS BY PETITION:

Proceedings under this article may be initiated by petition of property owners whose property fronts on or will be benefitted by the work. The petition shall be upon a form to be prepared and issued by the Public Works Director. The petition shall contain an estimate of the cost of the work, including incidental expenses, and shall contain a proposed apportionment of such cost among the lots and land fronting on and/or to be benefited by the improvement as provided in Section 7-3-406 of this article. If contributions by the City shall reduce the amount of the cost chargeable to such lots or lands, the petition shall so state and shall show the estimated amount chargeable to each lot or land. The petition shall state that the estimated assessment is for information only and that the assessment will be based upon the actual costs including incidental expenses, as provided in Division 4 of this article. [Formerly numbered Section 26-32; renumbered by Ord. No. 3058, eff. 2/21/87; 2258.]

7-3-408: REQUISITES FOR FILING PETITION:

No petition for any work to be done under this article shall be considered by the Council unless it is signed by the owners of at least sixty percent (60%) of the frontage of the property fronting on the proposed improvement, or where the apportionment of cost is made on a district basis by the owners of at least sixty percent (60%) in area of the property to be benefited by the improvement. No petition shall be submitted to the Council without a certificate of the Public Works Director and City Treasurer endorsed thereon certifying that the requirements of this section have been complied with. [Formerly numbered Section 26-33; renumbered by Ord. No. 3058, eff. 2/21/87; 2314.]

7-3-409: ALTERNATIVE PETITION FOR ALLEY IMPROVEMENTS:

Property owners who desire alley improvements, may, in lieu of proceeding under Section 7-3-407 of this article, file a petition requesting that the work be done at a cost of five dollars ($5.00) per front foot to be assessed against the properties benefited, provided the petition is signed by the owners of all of the property fronting on the proposed improvement. In such case, the City shall pay the portion of the assessment under Division 4 of this article in excess of the amount herein provided to be assessed against the properties benefited by the improvement. [Added by Ord. No. 2648; formerly numbered Section 26-34; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-410: PETITIONS IN WHICH ALL PROPERTY OWNERS PARTICIPATE:

If the Council finds and determines by a majority vote that the petition is signed by the owners of all the property fronting on the proposed improvement, it may pass a resolution ordering the proposed improvement and no further proceedings shall be necessary under this article. [Formerly numbered Section 26-35; renumbered by Ord. No. 3058, eff. 2/21/87; 2314.]

7-3-411: RESOLUTION OF INTENTION FOLLOWING PETITION:

If the Council finds and determines, by no less than four-fifths (4/5) affirmative vote of all members thereof, that the petition is signed by the owners of not less than sixty percent (60%) of the frontage or area of the property fronting on or to be improved by the proposed improvement, as the case may be, and that the public convenience and necessity require such improvement, it may pass a resolution of intention to do the proposed work. [Formerly numbered Section 26-36; renumbered by Ord. No. 3058, eff. 2/21/87; 2314.]

DIVISION 3. HEARING AND ORDERING WORK

7-3-412: AUTHORITY OF COUNCIL TO PROCEED WITHOUT PETITION:

The Council, without petition therefor, may by resolution adopted by the vote of not less than four-fifths (4/5) of all of its members declare its intention to find and determine that the public interest, convenience and necessity require the performance or construction of any work or improvement referred to in Section 7-3-405 of this article and that if such finding and determination is made the proposed improvement may be ordered by the Council notwithstanding any provisions of law for debt limitation or majority protest. [Formerly numbered Section 26-37; renumbered by Ord. No. 3058, eff. 2/21/87; 2218.]

7-3-413: SUFFICIENCY OF RESOLUTION OF INTENTION; TIME FOR HEARING:

The resolution of intention shall be sufficient if it states in general terms the class or kind of work contemplated, such as grading, paving, sewering, or other work, and gives in general the location of the proposed work and refers to plans, profiles, detailed drawings and specifications, or such of them on file in the office of the Public Works Director as may be suitable or proper for the full and detailed description of the proposed work. The location of the proposed work may be given by referring to the street on which the work is to be done by its lawful or official name, or the name by which it is commonly known, or if the work is not to be done upon a street, then by briefly describing the property or right of way which is to be improved. Reference shall also be made to this article and to the fact that the cost of the improvement, or part thereof, is proposed to be benefited by the work. The resolution of intention shall contain also a notice of the day, hour and place when and where any and all persons having any objection to the proposed work may appear before the Council and show cause why the proposed work should not be carried out in accordance with the resolution of intention. The time shall not be less than ten (10) nor more than thirty (30) days from the date of the passage of the resolution. [Formerly numbered Section 26-38; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-414: PUBLICATION OF RESOLUTION OF INTENTION:

The City Clerk shall cause the resolution of intention to be published once in a newspaper of general circulation, not less than five (5) days prior to the date of public hearing stated in said resolution. [Formerly numbered Section 26-39; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-415: ANY COMBINATION OF IMPROVEMENTS MAY BE INCLUDED IN SINGLE PROCEEDING:

The Council may include in one proceeding, and under resolution of intention, any of the different kinds of work mentioned in this article, on any number of streets, properties and rights of way, or portions thereof, contiguous or otherwise, and it may except therefrom any such work which has already been done. [Formerly numbered Section 26-40; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-416: POSTING OF NOTICES:

After the adoption of the resolution of intention, the Public Works Director shall cause to be conspicuously posted along the line of the contemplated work, at not more than three hundred feet (300') in distance apart, but not less than three (3) in all, or when the work to be done is only upon an entire crossing or intersection or any part thereof, in front of each quarter block or irregular block liable to be assessed, notices of the passage of the resolution, but no proceedings shall ever be held invalid for failure to post any street, nor shall the validity of any assessment levied hereunder be affected thereby, if this section has been substantially complied with. In every case, all posting must be fully completed at least five (5) days before the day set for hearing protests or objections. [Formerly numbered Section 26-41; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-417: MAILING OF NOTICES:

The Council shall direct the City Treasurer to, and he shall, give notice by mail of the adoption of the resolution of intention. In every case, all mailing must be fully completed at least five (5) days before the day set for hearing protests or objections. Such notices shall be sent by regular mail, deposited in any United States Mail box, to each lot or parcel of real property as such ownership is known to the City Treasurer, unless the City Treasurer has been requested by such owner, in writing, to mail the notice to another address or addressee, but failure to mail such notice or failure of the owner of the property to receive the same shall not be held to invalidate proceedings in any manner or affect the validity of any assessment levied hereunder. [Formerly numbered Section 26-42; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-418: NOTICE; FORM AND CONTENTS:

The notices shall be headed “Notice of Assessment” in letters of not less than one inch (1") in height; and shall, in legible characters, state the fact of the passage of the resolution of intention, its date, and briefly, the work proposed, an estimate of the total cost of the proposed work, that the cost of the improvement or part thereof is to be assessed against the property fronting on or to be benefited by the proposed work, and shall refer to the resolution of intention for further particulars. The notices shall contain also a statement of the day, hour having any objections to the proposed work may appear before the Council and show cause why the proposed work should not be carried out in accordance with the resolution. [Formerly numbered Section 26-43; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-419: AFFIDAVITS:

Affidavits of publication, posting and mailing shall be filed in the office of the City Clerk. [Formerly numbered Section 26-44; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-420: FILING OF PROTESTS:

Any time not later than the hour set for hearing of objections to the proposed work, any owner of property liable to be assessed for the work may make written protest against the proposed work, the determination by the Council that the public interest, convenience and necessity require the proposed work, or the ordering of the improvement without further proceedings for majority protest or debt limitation. Such protest must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and be delivered to the City Clerk, and no other protests or objections shall be considered. [Formerly numbered Section 26-45; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-421: HEARING; ADJOURNMENTS:

The Council shall proceed to hear and pass upon all protests so made as required by the preceding section, and its decision shall be final and conclusive. The Council may adjourn the hearings from time to time. [Formerly numbered Section 26-46; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-422: CHANGING PROPOSED WORK OR BOUNDARIES:

The Council may, at the conclusion of the hearing, by resolution entered upon its minutes, make such changes in the boundaries of the proposed improvement or changes in the work proposed to be done as it shall find to be proper and advisable, and shall define and establish such boundaries and the work proposed to be done; however, the Council shall not modify the boundaries to include any property which will not, in its judgment, be benefited by the work. The Council shall give notice of such changes in the newspaper in which the resolution of intention was published, and shall describe the proposed modification and specify for hearing objections to such modification, which time shall be at least five (5) days after the publication of the notice. Written objections to the proposed modification may be filed with the City Clerk by any interested person, at or before the time set for the hearing. The Council shall hear and pass upon such objections at the time appointed, or at any time to which the hearing thereof may be adjourned, and its decision thereon shall be final and conclusive. [Formerly numbered Section 26-47 renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-423: ORDERING THE WORK:

If no protests or objections in writing have been delivered to the City Clerk up to the hour set for the hearing thereon, or if protests have been found by the Council to be insufficient, or have been overruled, or if modification of the proposed boundaries has been made, and all objections or protests thereto have been heard and denied, and if the proceedings are without petition and the Council finds and determines by no less than a four-fifths (4/5) affirmative vote of the members thereof that the public interest, convenience and necessity required the proposed improvement, the Council shall immediately thereupon acquire jurisdiction to order the proposed work to be done and may pass a resolution ordering such work, and directing the Public Works Director to do the same in accordance with the provisions of this code and the City Charter. [Formerly numbered Section 26-48; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-424: COMPLETION OF WORK; COMPUTING ACTUAL COST:

Upon completion of the work, the Public Works Director shall compute the actual cost thereof, including incidental expenses. [Formerly numbered Section 26-49; renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 4. ASSESSMENT, SALE AND REDEMPTION

7-3-425: ASSESSMENT; MANNER OF DETERMINING:

The total amount of the actual costs of the improvement including incidental expenses, excepting any portion thereof provided by the Council to be paid by the City, shall be assessed against the lots and parcels of land within the assessment district in proportion to the benefits received by each of such lots or parcels of land from the improvement. [Formerly numbered Section 26-50; renumbered by Ord. No. 3058, eff. 2/21/87; 2258.]

7-3-426: CITY MAY PAY ASSESSMENT ON PUBLICLY OWNED PROPERTY:

Any assessment hereunder against any lot or parcel of land belonging to the United States, or to the State, or to any county, city, school district or public agency, which is devoted to public use and fronts upon the improvement or is included within the district to be assessed to pay the costs and expenses thereof, may, at the option of the Council, be paid by the City out of such funds as the Council may direct. [Formerly numbered Section 26-52; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-427: RECORD OF ASSESSMENT:

The Public Works Director shall provide a suitable record book entitled “Assessments And Liens For Public Improvements”. There shall be entered in such book, as the information becomes available, the name of the owner of the property assessed (if such owner is unknown, the word “unknown” shall be substituted for the name of the owner), a brief description of the work or improvement, a description of the property as the same appears on the assessor’s books of accounting, the amount assessed against the property, the date of such assessment, the penalty for delinquency, and the payment thereof, the total amount charged against such property at the date of sale thereof, the date of sale, the name of the purchaser at the sale, the date of redemption, the name of the redemptioner, the amount paid to redeem, and the date of deed or certificate of sale to the City. No error in the name of the owner of the property and no error in the description of the property shall affect the validity of the lien provided for in this article, providing that the description is sufficient to identify the property assessed. [Formerly numbered Section 26-53; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-428: NOTICE OF ASSESSMENT:

After the assessments have been entered in the record book, as provided in the preceding section, the Public Works Director shall give notice of such filing of assessment. Such notice shall be published for two (2) successive issues in a newspaper of general circulation in the City, and shall state that any property owner affected by, or interested in, the assessment or proceedings resulting in the same, may file an objection or protest in writing with the City Clerk within thirty (30) days after the publication of the notice. The notice shall designate the property assessed by street number or some other description sufficient to enable the property owner to identify the property, and shall state the amount assessed against each property. Reference shall also be made to the resolution of intention, the date of its passage, and a brief description of the work therein mentioned. In addition, it shall be stated that the assessment to the extent it is not covered by an installment and lien agreement under Section 2-1-905 and 2-1-906 of this code shall become delinquent if not paid within sixty (60) days after the first publication of such notice, and that there shall be added to the assessment a penalty of ten percent (10%) thereof, and that the assessment shall draw interest at the rate of seven percent (7%) per annum from the date of delinquency. [Formerly numbered Section 26-54; renumbered by Ord. No. 3058, eff. 2/21/87; 2258.]

7-3-429: APPEAL TO COUNCIL:

Any property owner affected by any proceedings taken under this article, feeling aggrieved by any act or determination of the Public Works Director, or of the Council, in relation thereto, or, who may claim that the work or improvement has not been made in workmanlike manner, or who has any objection to the correctness or legality of the entries in the record book maintained by the Public Works Director, may, within thirty (30) days after the publication of the notice of assessment, file with the City Clerk an objection or protest in writing, which shall briefly specify the grounds of his objection or protest. All such objections and protests shall be heard at the regular meeting of the Council immediately following the expiration of the time for filing objections or protests, unless the Council shall fix some other time or place for the hearing of the same. Upon hearing such protests, the Council may remedy or correct any error or informality in the proceedings, and revise and correct any of the acts or determinations of the Public Works Director relative to the work, and may confirm, amend, set aside, alter, modify or correct the assessments entered in the record book in such manner as to it shall seem just. The decision and determination of the Council in such matters shall be final and conclusive upon all persons entitled to appeal to the Council under the provisions of this section. [Formerly numbered Section 26-55; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-430: DELIVERY OF ASSESSMENT ROLL TO CITY TREASURER:

After the Council has passed upon any and all objections or protests as provided for in the preceding section, or after the time for filing protests has expired, the Public Works Director shall deliver the record of assessment or assessment roll to the City Treasurer, and the payment of such assessments shall thereafter be made to the City Treasurer. [Formerly numbered Section 26-56; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-431: ASSESSMENT LIEN:

The amount of any assessment made in accordance with the provisions of this article shall become a lien against the property so assessed as of the date of entry in the record book entitled “Assessments And Liens For Public Improvements”, and shall thereupon become due and payable to the City. No lien herein provided for shall be extinguished until the amount thereof is paid in full, or a valid deed to the assessed property is given to the City by the City Treasurer as hereinafter provided. [Formerly numbered Section 26-57; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-432: LIMITATION ON ACTIONS CONTESTING THE VALIDITY OF ASSESSMENTS:

Any action to contest the validity of an assessment made under the provisions of this article must be preceded by an appeal to the Council as hereinbefore provided and must be commenced within thirty (30) days after the decision and determination of the Council on such appeal. [Formerly numbered Section 26-58; renumbered by Ord. No. 3058; eff. 2/21/87.]

7-3-433: INTEREST AND PENALTY FOR NONPAYMENT OF ASSESSMENT:

If the assessment is not paid within sixty (60) days after the first publication of the notice of assessment, the assessment shall become delinquent, and ten percent (10%) of the amount thereof shall be added thereto as a penalty. The assessment shall bear interest at the rate of seven percent (7%) per annum from the date of delinquency until paid. This section shall not apply to any assessment, or portion thereof, covered by an installment, and lien agreement under Sections 2-1-905 and 2-1-906 of this Code. [Formerly numbered Section 26-59; renumbered by Ord. No. 3058, eff. 2/21/87; 2258.]

7-3-434: SALE OF REAL PROPERTY FOR NONPAYMENT OF ASSESSMENT:

In the event the assessment is not paid within two (2) years after it has become payable, the City Treasurer shall publish a notice for two (2) successive issues in a newspaper of general circulation in the City, setting forth the fact that the property on which the assessment is a lien was assessed; the name of the owner (if unknown, so state); the amount of the assessment; the amount of the penalty and interest; and such other information as shall be necessary to advise the owner of the property that on the first Monday in the month next succeeding such publication, the property in question will, at the hour of ten o’clock (10:00) A.M. of said day, at the office of the City Treasurer in the City, by operation of law and the declaration of the City Treasurer, be sold to the City for the amount of the assessment lien, plus penalty, interest and cost of publication. The City Treasurer shall also, at least fifteen (15) days before the sale, cause to be mailed a copy of such notice to the owner of each lot or parcel of property to be sold, at his place of residence or business, if known. On the date of sale provided for in the notice, the property shall be sold and the City Treasurer shall enter in the record book entitled “Assessments And Liens For Improvements”, the date of such sale, the amount for which the property was sold and that the property was sold to the City. Any error in the name of the owner in the notice shall not affect the validity of the assessment lien or sale. [Formerly numbered Section 26-60; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-435: TRANSMITTAL OF RECORD TO COUNTY TAX COLLECTOR:

Whenever property has been sold for any assessment under this article, and remains unredeemed, the City Treasurer shall transmit to the County Tax Collector notice of such fact, and upon all bills or statements accruing upon such property subsequent to the date of the sale and prior to the redemption of the property, or the execution of a deed therefor to the City, the County Assessor shall, upon such tax statement distinctly and legibly pint or stamp the words “Sold for Assessment”, and also the date of such sale. [Formerly numbered Section 26-61; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-436: REDEMPTION:

The redemption of property sold for any assessment under this article may be made at any time within one year from the date of sale by paying to the City the amount for which the property was sold, together with interest thereon at the rate of seven percent (7%) per annum from the date of sale. When redemption is made, the City Treasurer shall note that fact in the record book entitled “Assessments And Liens For Public Improvements”, in an appropriate column, entering therein the date of redemption, the person by whom redeemed, and the amount paid. If the property remains unredeemed, at the expiration of one year from the date of sale, the City Treasurer shall execute a certificate of sale, or at the instruction of the Council, a deed conveying absolute title to the City in which will be recited a description of the property sold and unredeemed, the name of the owner thereof as it appears in such record book, a statement that the property was sold for delinquent assessment, the date of sale and the work or improvement and amount for which the property was sold, and such certificate of sale or deed shall be prima facie evidence of all matter therein recited and the regularity of all proceedings prior to the execution thereof. The City Treasurer shall report such fact to the City Manager who may thereafter, with the concurrence of the City Treasurer, order a title report and incur such other expenses as may be necessary to clear title to the property without court proceedings. Court proceedings to clear title shall be taken only at the direction of the Council. [Formerly numbered Section 26-62; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-437: INSTALLMENT PAYMENT OF ASSESSMENTS:

Any owner of real property assessed, or liable to be assessed, for an improvement or proposed improvement may, at any time before such property is sold for delinquent assessment hereunder and the redemption period has expired, arrange to pay his assessment or share of the cost of the improvement, together with interest, penalty and costs, on an installment basis in accordance with the provisions of Section 2-1-905 and 2-1-906 of this code; provided, however, that if the amount due has ripened into an assessment, the owner need not execute a lien agreement. [Formerly numbered Section 26-63; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-438: AUTHORITY OF CITY TREASURER TO DEFER INSTALLMENT PAYMENTS:

The City Treasurer is authorized, and shall, upon the written request of any property owner with whom an installment agreement has been entered into under this article, defer the collection of monies due under such agreement for a period not to exceed two (2) years from the date of such request, provided the amount or balance due exceeds twenty five dollars ($25.00) and a payment of at least twelve and one-half percent (121/2%) of the amount when due, together with accrued interest, is received every three (3) months, or sooner, and the first such payment is made within three (3) months of the date of the request. [Formerly numbered Section 26-64; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 5. CONSTRUCTION AND REPAIR OF SIDEWALKS AND CURBS4

DIVISION 1. REPAIR OF SIDEWALKS AND CURBS

7-3-501: PURPOSE OF ARTICLE:

This article constitutes a separate and alternate procedure for the repair and maintenance of sidewalks in the City. It creates a duty on the part of property owners to maintain “sidewalks” as herein defined in such condition that the sidewalks will not endanger persons or property, or interfere with public convenience in the use thereof; and it provides a proceeding whereby the Public Works Director is empowered to make repairs at the owner’s expense if the owner neglects, refuses or fails to perform his duty in this regard. [Formerly numbered Section 26-65; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-502: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates, the following terms shall mean:

OWNER: Any person in whom is vested the title to any parcel of real property fronting or abutting on a sidewalk.

REPAIR: The repair, replacement, restoration, correction, or improvement of any sidewalk, but shall not include the construction thereof.

SIDEWALK: The area between the property line and that portion of the street used for vehicle traffic, and including curbing, parkways, parking strips, driveways, and retaining walls, bulkheads or other works for the protection of sidewalks, parkways, parking strips or driveways. [Formerly numbered Section 26-66; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-503: ADOPTION OF STATUTES BY REFERENCE:

The provisions of Sections 5125, 5126, 5601, 5612, 5613, 5615, 5616, 5617, 5618, 5625, 5626, 5627, 5628, 5629, 5630, 5660, 5661, 5680, 5684, and 5685, of the Streets and Highways Code of the State as they now exist, and insofar as they are not inconsistent with the other provisions of this division, and are hereby adopted and by this reference incorporated herein and made a part hereof as though stated herein in full. [Formerly numbered Section 26-67; renumbered by Ord. No. 3058, eff. 2/21/87; 2272.]

7-3-504: ABANDONED OR DANGEROUS DRIVEWAYS:

The provisions of this division shall apply with equal effect to any private driveway located on a sidewalk whenever such driveway is abandoned or no longer used as a driveway, or because of conditions or circumstances it creates or has a tendency to create a dangerous condition to public travel or safety or interferes or has a tendency to interfere with public convenience in the use thereof. Proceedings under this division shall be taken to remove such driveway from the sidewalk and to install a curb and sidewalk and grade the terrain to conform to the curbing, sidewalk and grade of the property immediately adjacent thereto. [Formerly numbered Section 26-68; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-505: PERIOD DURING WHICH OWNER OR OCCUPANT MAY MAKE REPAIRS:

The owner or person in possession of the property shall be given five (5) days within which to make the repairs described in the notice. The day of posting the notice shall be excluded in computing such period, and no repairs shall be made by the Public Works Director until such period has expired. [Formerly numbered Section 26-69; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-506: NOTICE TO REPAIR; FORM AND CONTENT:

The notice to repair shall describe the work to be done, designate the materials to be used, and specify the manner in which said work shall be performed, and if the repair is not commenced within five (5) days after notice is given and diligently prosecuted to completion without interruption, the Public Works Director shall make such repair and the cost thereof shall be a lien on the property. The notice shall be substantially in the following form:

NOTICE TO REPAIR

(Sidewalk, curb, driveway, bulkhead, retaining wall, parkway, remove driveway.) The owner of the property described as follows: ____________________________ commonly known as is hereby ordered to repair the (sidewalk, curb, driveway, bulkhead, retaining wall, parkway, remove driveway) in front of or abutting said property in accordance with specifications No. on file in the office of the Public Works Director of the City of Burbank, pertaining thereto, within five (5) days from the date hereof. If the work herein indicated is not commenced and diligently prosecuted to completion within the time fixed herein, the said Public Works Director will cause the work to be done, and the cost thereof, including any incidental expenses, will be made a lien upon said property, pursuant to Section 7-3-501 et seq. of the Burbank Municipal Code.

Estimated Cost of Repair $

Dated

Public Works Director of the City of Burbank

[Formerly numbered Section 26-70; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-507: PUBLIC WORKS DIRECTOR TO KEEP RECORD:

The Public Works Director shall cause to be kept in his office a permanent record containing: a) the description of each parcel of property upon which a notice to repair has been posted, as herein provided, b) the name of the owner, if known, c) the date on which said notice was posted, d) the charges incurred by the City in causing said repair to be made and all incidental expenses in connection therewith, and e) all penalties for delinquencies in the payment thereof as hereinafter provided. Each such entry shall be made as soon as practicable after completion of such act. [Formerly numbered Section 26-71; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-508: REFUND:

The amount of any charge, or any portion thereof, made a lien on property pursuant to the provisions of this division: a) which has been or shall be paid more than once, or b) which has been or shall be erroneously or illegally collected, or c) which is in excess of the amount chargeable and has been or shall be paid, or d) which was not chargeable to the person or property of the person paying the same under the provisions of this division by reason of a mistake or clerical error of the officers or employees of the City, may be refunded to the person entitled thereto by order of the Council in the same manner and to the same extent and under the same provisions as now or hereafter provided by law for the refunding of payment of general City taxes. [Formerly numbered Section 26-72; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-509: INSTALLMENT PAYMENTS:

The sum of money which the owner is required to pay under the provisions of this division may be paid to the City Treasurer in installments in accordance with the provisions of Section 2-1-905 and 2-1-906 of this code. [Formerly numbered Section 26-73; renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 2. CONSTRUCTION OF SIDEWALKS AND CURBS

7-3-510: PURPOSE OF DIVISION:

This division consists of provisions intended to supplement the provisions of Chapter 27, Part 3, Division 7 of the Streets and Highways Code of the State, entitled “Construction of Sidewalks and Curbs”. [Formerly numbered Section 26-74; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-511: DEFINITION:

For the purposes of this division “sidewalk” shall also mean the entire area between the property line and the curb line, and includes sidewalks, curbs or gutters, and any or all of them, and shall apply to those areas where no sidewalk or only a partial sidewalk has been constructed in such area when said property line to curb line sidewalk has been constructed theretofore in front of the properties in said block constituting more than fifty percent (50%) of the front footage of said block. [Formerly numbered Section 26-75; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-512: INSTALLMENT PAYMENTS:

The sum of money which any owner is required to pay under the provisions of Chapter 27, Part 3, Division 7 of the Streets and Highways Code of the State for improvements thereunder may be paid in installments in accordance with the provisions of Sections 2-1-905 and 2-1-906 of this code. [Formerly numbered Section 26-76; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 6. BANNERS OVER STREETS5

7-3-601: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates:

ERECT: Means and includes suspend, display, install, construct, place and maintain.

STREET DECORATION: Means and includes banner, streamer, flag, bunting, sign, card, handbill, poster, advertisement, picture, emblem, figure or similar object, regardless of the material of which it is made, which is suspended or otherwise displayed over, along, across or upon any street, except official warning devices, public service facilities, streetlights and the like, or signs, signboards and sign devices regulated by Title 3, Chapter 1, Article 4 of this code. [Formerly numbered Section 26-77; renumbered by Ord. No. 3058, eff. 2/21/87; 2696.]

7-3-602: PERMIT REQUIRED; GRANTING OF, LIMITED:

No person shall erect any street decoration over, along, across or upon any street, without a permit so to do from the Public Works Director; provided, however, that no such permit shall be granted except in conjunction with and pertaining to a public charity or benefit, events of a general public or civic nature, or events sponsored by the Chamber of Commerce of the City in the nature of a community service. [Formerly numbered Section 26-78; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-603: APPLICATION FOR PERMIT:

Applications for such permit or permits shall contain, in addition to the information required by Section 3-6-202 of this code, a description of each proposed installation in sufficient detail so as to fully apprise the Public Works Director of the nature thereof. [Formerly numbered Section 26-79; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-604: PERMIT FEE:

Applications shall be accompanied by a permit fee of five dollars ($5.00) for each street decoration proposed to be erected; provided, however, that applications relating to the following events and events similar thereto or within the same classification shall be exempt from the payment of such fee: fundraising by the Community Chest and American Red Cross, Los Angeles County Fair, Burbank on Parade, Christmas season decorations, elections for public office and public ballot issues, national conventions of nonprofit organizations and events sponsored by the City. [Formerly numbered Section 26-80; renumbered by Ord. No. 3058, eff. 2/21/87; 2696.]

7-3-605: BOND AND INSURANCE:

No permit granted hereunder shall be issued unless and until the person applying therefor or the person who is to erect the street decoration has filed with the City:

A.    Bond Or Deposit: A surety bond or cash deposit conditioned that the City shall be reimbursed for any expense that may be incurred by the City or any of its departments in removing or taking down the street decorations, or in otherwise enforcing the provisions of this article or any rule, regulation or order of the Public Works Director pertaining thereto. Upon the face of each application, the Public Works Director shall indicate the amount of indemnity which, in his opinion, is required for each permit, and the amount of the surety bond or deposit shall not be any less than the amount so indicated. A separate surety bond or cash deposit may be filed in connection with each permit, but, in lieu thereof, the Public Works Director may accept a term bond or continuing cash deposit conditioned to cover all permits issued to any one applicant during a specified period of not to exceed one year; provided, however, that when the total aggregate required indemnity on all permits issued and/or requested by an applicant is greater than the limit of liability on the term bond, or greater than the cash deposit maintained, no additional permits shall be issued to the applicant until sufficient additional indemnity to cover the same is furnished; and

B.    Insurance: A policy of public liability insurance in the sum of fifty thousand dollars ($50,000.00) conditioned that applicant will save and keep the City and all its officers, departments and employees harmless from any and all costs, damages or expenses that the City or any of its officers, departments or employees may be obliged to pay by reason of, or that may arise out of, the granting and issuance of such permit, or the erection of street decorations authorized thereby, and said policy shall be so conditioned as to assure the ability of said applicant to respond in damages, in any action for personal injury or property damage sustained by any person, caused by or resulting from, or which may be claimed to have been caused by or to have resulted from, the erection of any such street decoration, or from any failure to comply with the provisions of this article, or the rules, regulations and orders of the Public Works Director, or from any dangerous or defective condition or nuisance created thereby or resulting therefrom.

C.    Exemptions: The provisions of this section shall not apply to permits granted to erect signs, cards, posters or pictures relating to forthcoming elections for public office or public ballot issues whether national, state or local. Nothing contained in this subsection, however, shall be interpreted as exempting or otherwise relieving any candidate, political campaign or finance committee or other similarly responsible person or committee from the duty and responsibility for causing the complete removal of any such campaign matter and fastening devices from the public streets after the election day to which such matter relates and as may be provided for in rules and regulations promulgated pursuant to Section 7-3-606 of this article. [Formerly numbered Section 26-81; renumbered by Ord. No. 3058, eff. 2/21/87; 2696.]

7-3-606: RULES AND REGULATIONS:

The Public Works Director may, with the approval of the City Manager, adopt such rules and regulations, not in conflict with the provisions of this article, as in his judgment may be needed to control the erection of street decorations over, along, across and upon the streets of the City. Such rules and regulations shall be kept on file in the Public Works Department and shall be available for the use and examination of the public. [Formerly numbered Section 26-82; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-607: CONTENTS OF PERMIT:

Each permit shall briefly state the maximum size of the street decorations to be erected. [Formerly numbered Section 26-83; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-608: DISPLAY OF PERMIT:

Every person actually engaged in erecting a street decoration, or in supervising such work, shall have in his possession while so engaged the permit which authorizes the same. [Formerly numbered Section 26-84; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-609: DURATION AND RENEWAL OF PERMIT:

Each permit shall be valid for as long as shall be specified thereon by the Public Works Director and may be renewed by him, in his discretion, without application or additional fees provided a surety bond or cash deposit and a policy of public liability insurance are on file as required by Section 7-3-605 of this article. [Formerly numbered Section 26-85; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-610: ERECTION, MAINTENANCE AND REMOVAL OF STREET DECORATIONS:

A.    No person shall erect street decorations over, along, across or upon any street in the City unless he is deemed to be qualified to do so by the Public Works Director. Every person desiring to engage in erecting street decorations over, along, across or upon any street in the City shall obtain the written approval of the Public Works Director so to do. This section shall not apply to the Public Service Department or to any of its officers or employees while working in the course of their employment; nor shall this section apply to any persons employed by anyone authorized to erect street decorations as provided herein.

B.    Whenever a permit issued under the provisions of this article has expired or has been revoked, it shall be the duty of the person whose bond or deposit and policy of insurance is on file with the City, as required by Section 7-3-605 of this article, to remove all street decorations erected under such permit. Such removal shall be accomplished immediately on the date of the expiration or revocation unless an extension of time is granted in writing by the Public Works Director. If any street decoration be not removed or if not removed to the satisfaction of the Public Works Director or the General Manager of the Public Service Department in the event public service facilities have been used in the erection thereof, the Public Works Director or the General Manager of the Public Service Department may summarily cause the removal of such street decoration and the costs thereof shall be collected by the City from the permittee or surety. [Formerly numbered Section 26-86; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 7. ENCROACHMENT ON CITY PROPERTY

7-3-701: DEFINITION:

For purposes of this chapter the term “encroach” shall mean any structure or object of any kind or character, temporary or permanent in nature, which extends on, in, over or under any City owned property, including streets, alleys, easements, sidewalks, and public rights of way. [Added by Ord. No. 3198, eff. 8/25/90.]

7-3-701.1: ENCROACHMENT ON CITY PROPERTY UNLAWFUL:

No person shall encroach on, in, over or under any real property, including easements, owned by the City, by any structure or object of any kind or character, temporary or permanent in nature, and whether such encroachment is real, personal or mixed property. [Formerly numbered Section 26-701; renumbered by Ord. No. 3198, eff. 8/27/90; 3058.]

7-3-702: EXEMPTIONS:

Section 7-3-701.1 of this article shall not apply to those encroachments which:

A.    After applying thereto the provisions of Section 7-3-701.1 of this article, nevertheless have legal sanction to encroach by law; or

B.    Are authorized by written agreement made by and between the City and an owner of real property; or

C.    Are authorized by a valid, uncancelled permit granted as hereinafter provided in this article.

D.    Activities for which a valid license is issued under Article 11 of Chapter 4 of Title 3 of this Code. [Formerly numbered Section 26-88; Amended by Ord. No. 20-3,947, eff. 1/8/21; 3058; 2585.]

7-3-703: APPLICATION FOR PERMIT:

Application for a permit to encroach on City owned property shall be made by and in the name of the owner or of a person lawfully entitled to use the real property in connection with which the permit is sought to be obtained and shall be acknowledged by the applicant.

The application shall set forth the name and address of the applicant, the nature and description of the proposed encroachment, the location and description of the City owned property proposed to be encroached upon, the nature of the applicant’s interest in and the location and legal description of the property in connection with which the permit is sought to be obtained, the reasons for the application, such other information, including plats, as may be required by the Public Works Director, and the following provision:

I/We understand and agree: that any permit issued hereon shall be issued pursuant and subject to the provisions of Title 7, Chapter 3 of the Burbank Municipal Code, that such permit may be canceled by the City of Burbank, acting by and through its Public Works Director, at any time, and that the encroachment must be removed within thirty (30) days thereafter; that no right, title or interest in any property owned by the City of Burbank shall vest or accrue to me/us by reason of the issuance of such permit or exercise of the privilege given thereby; that I/we will not suffer or permit any dangerous or defective condition of property to exist in connection with exercise of the privilege; and that I/we assume and will pay for all injuries and damage to persons or property arising from or in connection with the exercise of the privilege.

The application shall be filed in duplicate with the Public Works Director and referred to the Public Service Department and Building Department, and in case of the construction of a building, sign or swimming pool, to the Planning Director, for recommendation. After such reference the Public Works Director is hereby empowered, in the exercise of his discretion, to deny or withhold approval of a permit applied for if in his sound judgment exercise of the proposed permit would cause public property to be or become in a dangerous or defective condition or unreasonably endanger or interfere with public health, safety, or convenience. The Public Works Director may approve the application either as submitted or subject to such terms and conditions as he shall consider necessary for the safeguarding of life and property.

However, no application shall be approved for canopies, fences or railings required by Section 4406 of the Uniform Building Code to protect pedestrians while construction is in progress unless the Building Department has issued a building permit for the construction. [Formerly numbered Section 26-89; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-704: ENCROACHMENT PERMIT FEE:

The Public Works Director shall collect a fee as specified in the Burbank Fee Resolution, as amended by the Council from time to time, for handling and recording the application and shall issue an encroachment permit. Applications and permits for canopies, fences, and railing required by Section 9-1.4406 of the Building Code need not be recorded. However, all other applications and permits shall be referred to the City Clerk for recording in the office of the County Recorder. The City Clerk shall keep a permanent file of all permits recorded. Each permit shall be construed as authorizing merely the temporary privilege to encroach to the extent permitted and subject to the conditions therein stated. No permit shall be deemed to transfer any right, title or interest of the City. The City may cancel a permit at any time and thereby terminate encroachment privileges. Permits for canopies, fences, and railings required by Section 9-1.4406 of the Uniform Building Code shall automatically expire when the construction permit expires or is canceled. [Amended by Ord. No. 3153, eff. 7/7/89; formerly numbered Section 26-90; renumbered by Ord. No. 3058.]

7-3-705: DANGEROUS AND DEFECTIVE CONDITIONS PROHIBITED; ASSUMPTION OF LIABILITY BY PERMITTEE:

By acceptance of performance of the privileges or any part thereof under such permit the permittee, or his heirs, successors or assigns, shall not allow, by commission or omission, any dangerous or defective condition to exist at any time in, on, under or across the part of such easement covered by said permit and shall assume and pay for all injuries or damage caused to any person thereby. [Formerly numbered Section 26-91; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-706: REMOVAL; NOTICE AND PENALTIES; NUISANCE; MISDEMEANOR:

Encroachments permitted under this article shall be removed immediately after cancellation or expiration of the permit. Any encroachment not removed is hereby declared to be a nuisance. Failure, neglect or refusal to remove an unauthorized encroachment within thirty (30) days after notice by the City shall constitute a misdemeanor, and as a cumulative remedy the City may remove such encroachment and collect the entire cost and expense thereof from the person responsible therefor, or by appropriate action in court may compel its removal or abatement and such reasonable attorney fees as may be fixed by the court. [Formerly numbered Section 26-92; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-707: INSURANCE AND INDEMNITY FOR ENCROACHMENTS:

No encroachment permit shall be issued under this article unless the applicant carries the following insurance, to be maintained for the full effective period of the permit and any renewal thereof:

A.    Bodily Injury Liability And Property Damage: Bodily injury liability and property damage insurance including completed operations coverage, protecting the permittee from any and all claims and actions for bodily injury, including accidental death, and for property damage, which may directly or indirectly arise from, grow out of, or be attributable to, his operations or performance under the permit or contract, whether such operations be by the permittee or by any subcontractor, or by any person directly or indirectly employed by either or any of them, in an amount as required by the Public Works Director or his or her designee. All insurance endorsements and certificates of insurance shall be on a form approved by the City Attorney.

B.    Insurance Must Protect City: Said insurance shall indemnify and save harmless the City, its officers, employees and representatives from any and all claims and actions for bodily injury, including accidental death, and for property damage, arising from the use of the premises or facilities of the City, and which may directly or indirectly arise from, grow out of, or be attributable to operations under the permit or contract. However, said insurance need not protect against injury or death occurring to any officer, employee, or representative while acting within the scope of his employment under the Workmen’s Compensation Act.

C.    Notice of Cancellation: Said insurance shall provide that it will not be modified, changed or terminated until at least ten (10) days’ notice thereof has been filed with the City Clerk. Lapse or termination of such insurance shall automatically void the permit.

D.    Exceptions to Insurance And Indemnity Requirements:

1.    Governmental Agencies: The United States of America, State of California, or any political subdivision, agency or department thereof, and the Burbank Unified School District, doing work directly with its own employees, need not furnish the insurance prescribed by this section.

2.    Public Utilities: Public utility companies with net assets of not less than one million dollars ($1,000,000.00) under the jurisdiction of the State Public Utilities Commission may, in lieu of the above insurance requirement, file annually with the City Clerk a statement in affidavit form duly authenticated by its president or vice president and secretary or assistant secretary, showing such net worth and indicating its election and agreement to be bound by the indemnification provision of this section. Such election, when approved as to form by the City Attorney, shall constitute an agreement to indemnify and save harmless the City, its officers, employees and representatives from any and all claims and actions for bodily injury, including accidental death, and for property damage, arising from the use of the premises or facilities of the City, and which may directly or indirectly arise from, grow out of, or be attributable to its operations or performance under the permit, as provided in subsection B of this section.

3.    Owner-Contractor: An owner-contractor shall provide proof of bodily injury and property damage insurance of a type and in an amount as specified by the Public Works Director and as approved by the City Attorney. An owner-contractor shall agree to indemnify and save harmless the City, its officers, and employees from any and all claims on a form approved by the City Attorney. [Added by Ord. No. 3198, eff. 8/25/90].

7-3-708: ENCROACHMENT PERMIT FOR WIRELESS TELECOMMUNICATIONS FACILITIES (WTFs) IN THE PUBLIC RIGHT-OF-WAY (PROW):

A.    A WTF Encroachment Permit shall be required prior to the installation, construction or development of any WTF in the PROW.

1.    The Director may impose impact minimizing conditions on a WTF Encroachment Permit to mitigate potential noise or aesthetic impacts.

2.    WTF Encroachment Permits shall be reviewed every 10 years to determine whether the equipment is no longer needed and or useful, or whether new means exist to further reduce noise and or aesthetic impacts that are materially greater than those that would have existed when the WTF was installed as originally permitted.

a.    The Director may require facility upgrades and/or additional mitigations to reduce impacts of such facilities unless the applicant demonstrates that the mitigations are not feasible.

3.    When the PROW abuts or is adjacent to an R-1, Single Family Residential Zone, the Director, in granting an Encroachment Permit must find that

a.    The WTF is necessary to address a significant gap in coverage.

b.    The WTF is necessary because no feasible less intrusive alternative is available.

4.    Eligible Facilities Requests: Eligible Facilities Requests that do not require a Substantial Change in Physical Dimensions shall be processed in accordance with 47 U.S.C. § 1455, and any duly authorized implementing orders and regulations of the Federal Communications Commission. In reviewing WTF Encroachment Permits for qualifying Eligible Facilities Requests, the Director shall be required to approve applications, but shall retain discretion to enforce and condition approval on compliance with generally applicable building, structural, electrical, and safety codes and with other laws (including, without limitation, this Article) codifying objective standards reasonably related to health and safety.

B.    Development standards for PROW. In addition to all other applicable development standards as set forth in 10-1-1118, WTFs in the PROW shall comply with the following standards:

1.    The Public Works Director or his/her designee shall determine the time, place, and manner of construction for all WTFs located within the PROW consistent with Public Utilities Code.

2.    WTFs shall be fully concealed and have subdued colors and non-reflective materials which blend in with the surrounding area to the satisfaction of the Public Works Director or his/her designee. A WTF is considered fully concealed when it meets the following requirements:

a.    Accessory equipment is placed entirely in an underground vault or entirely within the proposed pole, pole base and/or pedestal,

b.    All conduits and wires are enclosed and concealed within the pole structure,

c.    The replacement pole is not more than 5’ taller than the existing similar poles in the area,

d.    The antenna shall be the smallest possible volume but in no case greater than three cubic feet, and

e.    The antenna must be enclosed in an RF transparent shroud unless a whip style antenna is used.

3.    In residential areas, WTFs shall not be located within one standard block width of another wireless telecommunications facility; this does not include co-location of sites.

4.    All WTFs shall be built in compliance with the Americans with Disabilities Act (ADA), including but not limited to surface access in and around facilities.

5.    Utility and Light Poles.

a.    The maximum height of any antenna shall not exceed 24 inches above the height of an existing utility pole and no portion of the antenna or equipment mounted on a pole shall be less than 16 feet above any drivable road surface. All installations on utility poles shall fully comply with California Public Utilities Commission General Order 95.

b.    The maximum height of any antenna or antenna radome shall not exceed five (5) feet above the height of an existing light pole.

c.    Pole-mounted equipment shall not exceed six cubic feet.

d.    Antennas shall be installed as fully concealed and integrated replacement poles for existing utility or light poles, except when impractical or technologically infeasible. No new poles may be installed except when the applicant provides evidence as part of the application showing why and how complying with the foregoing standard would be impractical or technologically infeasible. In such event, the Public Works Director may hire an independent, qualified consultant to evaluate any technical aspect of the proposed replacement or modification and any proposed exceptions from these development standards at the applicant’s sole cost. The applicant shall submit a deposit to pay for such independent third party review as set forth in the City’s Fee Resolution.

e.    WTF Encroachment Permits granted for any new poles shall be processed in accordance with the following procedures:

i.    PUBLIC NOTICE. Prior to the Public Works Director’s decision on a WTF Encroachment Permit application, public notice shall be mailed to every property owner and occupant within 1,000 feet of the proposed WTF site. Such notice shall be mailed no less than ten (10) business days prior to the scheduled Director’s decision date and shall include information about the proposed project, the Director’s pending decision, and information about when and how an appeal may be filed.

ii.    DECISION DATE. If circumstances require, the Director’s decision may occur on a date later than the date provided in the public notice. The decision may not occur on a date earlier than the date provided in the public notice.

iii.    APPEALS. The Director’s decision regarding a WTF Encroachment Permit application may be appealed in accordance with the procedures set forth in Section 7-3-708.5.

iv.    EXEMPTION. Any WTF used exclusively for the collection and/or transmission of utility customer meter data shall be exempt from the provisions this subsection e. This exemption shall expire and become inoperative on August 7, 2013.

v.    The Director, in granting an Encroachment Permit for any new pole must find that

a.    The WTF is necessary to address a significant gap in coverage.

b.    The WTF is necessary because no feasible less intrusive alternative is available.

c.    Additionally, the Director may impose impact minimizing conditions on an encroachment permit to mitigate potential noise or aesthetic impacts.

6.    Equipment Location.

a.    Ground-mounted equipment that cannot be undergrounded, incorporated into the pole, pole base and/or pedestal shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise inconvenience public use of the right-of-way, or create safety hazards to pedestrians and/or motorists as determined by the Public Works Director or his/her designee.

b.    In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.

c.    Ground-mounted equipment shall not exceed a height of six feet and a total footprint of 20 square feet, excluding the required electric meter.

d.    Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping, walls, or other decorative features, to the satisfaction of the Public Works Director or his/her designee.

e.    Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Public Works Director or his/her designee.

f.    All graffiti on WTF must be removed at the sole expense of the applicant within 48 hours of notification.

g.    Underground vaults will be reviewed and approved by the Public Works Director or his/her designee. Review may include but not be limited to: safe clearance from other utilities, ADA compliance, aesthetic impact and quiet mechanical heating, air conditioning or ventilation systems.

7.    Minor tree trimming to accommodate safe access and maintenance to any and all antennas and associated equipment in the PROW may be permitted under the supervision of the City’s Parks and Recreation Forestry Services Section and the Public Works Department. Any proposed tree trimming shall be detailed in the scope of work included in the application. No tree removals or excessive tree trimming, resulting in the irreversible decline or death of a tree, is permitted unless otherwise approved by the Parks and Recreation Forestry Services Section.

8.    Within 30 days after discontinuation of use, the WTF operator shall notify the Director in writing that use of the WTF has been discontinued.

9.    A WTF must be completely removed, and the site returned to its pre-WTF condition within 180 days of discontinuation of use.

C.    City Changes to the PROW

The permittee shall modify, remove, or relocate its WTF, or portion thereof, without cost or expense to the City, if and when made necessary by any abandonment, change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance, or operation of any other City underground or aboveground facilities including but not limited to sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by City or any other public agency. Said modification, removal, or relocation of a wireless telecommunications facility shall be completed within a reasonable relocation time frame as determined by the Public Works Director. In the event a wireless telecommunications facility is not modified, removed, or relocated within said period of time, City may cause the same to be done at the sole expense of applicant. Further, in the event of an emergency, the City may modify, remove, or relocate wireless telecommunications facilities without prior notice to applicant provided applicant is notified within a reasonable period thereafter.

D.    Preemption

Notwithstanding any other provision of this Code to the contrary, an applicant may request a waiver to excuse it from having to comply with this Section, or may appeal from the denial of an application reviewed under this Section, on the ground that the requirement or action taken by the City would violate state or federal law. The City shall grant the waiver or appeal, or excuse an applicant from compliance with all or a portion of this Section, if it finds based on substantial evidence in the record that the challenged requirement or action is preempted by state or federal law. [Added by Ord. No. 3817, eff. 10/14/11; amended by Ord. No. 17-3,897, eff. 11/17/17; 15-3,868; 3835.]

7-3-708.5: APPEAL OF DIRECTOR’S DECISION ON WIRELESS TELECOMMUNICATIONS FACILITY ENCROACHMENT PERMITS:

A.    DECISION PROCEDURE.

1.    Any approval, conditional approval or denial of a Wireless Telecommunication Facility Encroachment Permit application may be appealed to the City Council as provided in this section. A Director’s decision is not final unless and until the specified appeal period passes and no appeal is filed, or all appeals are withdrawn per Subsection (E).

2.    If an appeal of a Director’s decision is filed, the City Council must hold a de novo hearing to consider and act on the application and appeal pursuant to the procedures established for Wireless Telecommunications Facility Encroachment Permits.

B.    PERSONS WHO MAY APPEAL.

1.    Any person, including the project applicant, may appeal a decision by the Director to approve, conditionally approve, or deny a Wireless Telecommunication Facility Encroachment Permit application.

2.    If a City Council member files an appeal, the Council member may not participate as a decision maker in the City Council public hearing.

3.    The City Council may appeal or otherwise request to review a Director’s decision.

C.    TIME AND MANNER OF APPEAL.

1.    An appeal of the Director’s decision must be submitted by 5:00 p.m. on the 15th day following the date that the Director’s decision is issued. If the 15th day following the Director’s decision date occurs on a day when City offices are closed, the appeal must be submitted by 5:00 p.m. on the next day that City offices are open.

2.    An appeal must be submitted in person to the office of the Public Works Director and must include a statement of the reasons for the appeal. Mailed, emailed or faxed appeals will not be accepted.

3.    The appeal must be accompanied by the appeal fee specified in the City of Burbank Fee Resolution, as may be amended from time to time, except that City Council members are not required to pay the appeal fee.

D.    MULTIPLE APPEALS.

1.    No one should forego filing an appeal in reliance on another individual’s appeal. Anyone who objects to a Director’s decision, or any conditions placed upon a conditional approval, should file an appeal to ensure that its concerns are heard in the event that other appeals are withdrawn per Subsection (E).

2.    Multiple individuals may collectively act as one appellant, and submit a single appeal with a single set of reasons for appeal. In such case, payment of only one (1) appeal fee is required, and the appellants may divide the cost of the fee among themselves at their discretion.

3.    Alternatively, multiple individuals may act as individual appellants, and each file its own individual appeal. In such case, payment of the full appeal fee is required for each individual form submitted.

4.    All appeals filed whether as a single appeal or multiple appeals, must be considered together at a single hearing and acted upon by the City Council at the same time.

E.    WITHDRAWAL OF APPEAL.

1.    Any person who has filed an appeal may withdraw the appeal as a matter of right, until the City Clerk has scheduled the City Council hearing. In such case, an appeal may not be withdrawn on or after the 20th day prior to the scheduled City Council hearing.

2.    A request to withdraw an appeal must be submitted in person to the office of the Public Works Director in writing and signed by the appellant. Mailed, emailed or faxed requests for withdrawal will not be accepted.

3.    If multiple individuals collectively submitted a single appeal form, all individuals signing the appeal form must sign and submit a written request to withdraw the appeal within the time specified in Subsection (1) for the appeal to be considered withdrawn.

4.    If all appeals are withdrawn and no subsequent appeals are filed within the times specified in Subsections (C) and (F), then the application will be removed from the City Council scheduled agenda, and the City Council will not consider or act upon the application. The Director’s decision thereafter becomes final and may not be further appealed.

F.    SECONDARY APPEAL PERIOD.

1.    Upon the withdrawal of an appeal (and only if no other appeals remain outstanding), a secondary ten (10)-day appeal period shall automatically commence to provide an additional opportunity to appeal (the “Secondary Appeal Period”).

2.    The first day of the Secondary Appeal Period is the latter of the following: 1) first day after the appeal was withdrawn, whether or not that day is a business day, or 2) the first day after the expiration of the initial 15-day appeal period provided in Subsection (C), whether or not that day is a business day. The latter date only applies to those appeals which are withdrawn during the initial appeal time period.

3.    Appeals submitted during the Secondary Appeal Period must be submitted in accordance with this Section, including but not limited to the 5:00 p.m. deadline for the filing of any appeal. If the last day of the Secondary Appeal Period occurs on a day City offices are closed, then the last day for filing shall be extended to 5:00 p.m. on the next day that the City offices are open.

4.    Appeals submitted during this Secondary Appeal Period may be withdrawn in accordance with Subsection (E); however, only one (1) Secondary Appeal Process is allowed on any application. Withdrawal of an appeal made during the Secondary Appeal Period will not lead to any additional appeal periods.

5.    Notice of the Secondary Appeal Period will be provided to any person who requests in writing such notice. A request shall be made to the Director on any individual application at any time; however, only those individuals on record at the time of a withdrawal that triggers a Secondary Appeal Period shall receive notice. Notice may be provided in the manner specifically requested (telephone or electronic mail), and must also be posted at the Public Works counter. Additional notice may be provided through any other additional means deemed appropriate by the Director. [Added by Ord. No. 3835, eff. 2/8/13; amended by Ord. No. 15-3,868, eff. 9/25/15.]

ARTICLE 8. PROCEDURE FOR ESTABLISHING SETBACK LINES

7-3-801: PROCEEDINGS INITIATED BY COUNCIL OR BY PETITION:

Proceedings for the establishment of setback lines along any street or portion thereof in the City may be initiated by the Council upon its own motion, or by any person filing a petition with the City Planning Board, requesting that such setback line or lines be established. Any number of streets may be included in a single proceeding. [Formerly numbered Section 26-93; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-802: PETITION; CONTENTS AND MAP:

The petition shall designate the street along which the setback line or lines are to be established and shall be accompanied by a map or sketch showing the street lines, lot lines, proposed setback lines, and the distance between the setback lines and lot lines. [Formerly numbered Section 26-94; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-803: REPORT OF CITY PLANNING BOARD:

The City Planning Board shall cause each such petition to be investigated by the Planning Director and, upon receipt of his report, shall consider the merits of the petition and make such recommendation to the Council as it shall deem in the best public interest. [Formerly numbered Section 26-95; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-804: ENVIRONMENTAL IMPACT REPORT:

No setback line which may have a significant effect on the environment shall be established pursuant to the provisions of this article until an environmental impact report is prepared, processed and considered in accordance with the provisions of Title 9, Chapter 3, Article 1 of this code, unless establishment of the setback line is otherwise exempt from the provisions of that article. [Added by Ord. No. 2383; formerly numbered Section 26-95.1; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-805: AUTHORITY AND POWER OF COUNCIL TO ORDER ESTABLISHMENT OF SETBACK LINES:

Upon receiving the petition and recommendation of the City Planning Board, or upon its own motion, whenever the public peace, health, safety, comfort, convenience, interest or welfare may require, the Council is authorized and empowered to determine the minimum distance back from the street line for the erection of buildings or structures along any portion of any street in the City, and to order the establishment of a line to be known and designated as a setback line, between which line and the street line no buildings or structures shall be erected or constructed. [Formerly numbered Section 26-96; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-806: RESOLUTION OF INTENTION; CONTENTS:

Before ordering the establishment of any setback line, the Council shall pass a resolution of intention so to do, designating the setback line or lines proposed to be established. The resolution shall contain a notice of the day, hour and place when and where any and all persons having any objection to the establishment of the proposed line or lines may appear before the Council and present any objections which they may have to the proposed setback line or lines. The time of hearing shall not be less than fifteen (15) nor more than forty (40) days from the date of the adoption of the resolution. [Formerly numbered Section 26-97; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-807: POSTING AND PUBLICATION:

The resolution of intention shall be published once in a newspaper of general circulation, and shall be posted conspicuously upon the street in front of each block or part of block of any street where the setback line is proposed to be established. Publication and posting shall be made at least ten (10) days before the date of the hearing. [Formerly numbered Section 26-98; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-808: MAILING:

The resolution of intention shall be mailed at least ten (10) days before the date of the hearing to the owners of property in each block or part of a block where the setback line is proposed to be established. [Formerly numbered Section 26-99; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-809: PROTESTS; FILING:

At any time not later than the hour set for the hearing of objections and protests to the establishment of the proposed setback line or lines, any person having an interest in any land upon which the setback line is proposed to be established may file with the City Clerk a written protest or objection against the establishment of the setback line or lines proposed in the resolution of intention. Such protest must be in writing and delivered to the City Clerk not later than the hour set for the hearing and no other protests or objections shall be considered. All persons protesting may appear before the Council at the hearing, and be heard in support of their protests or objections. At the time set for hearing, or at any time to which the hearing may be continued, the Council shall proceed to hear and pass upon all protests or objections properly filed, and its decision shall be final and conclusive. [Formerly numbered Section 26-100; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-810: POWER OF COUNCIL; ORDINANCE ESTABLISHING SETBACK LINE:

The Council shall have the power and jurisdiction to sustain any protest or objection and abandon the proceeding, or to deny any and all protests or objections and order by ordinance the establishment of the setback line or lines described in the resolution of intention, or to order the same established with such changes or modifications as the Council may deem proper. [Formerly numbered Section 26-101; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-811: UNLAWFUL TO VIOLATE PROPOSED SETBACK LINE WHILE PROCEEDING IS PENDING; BUILDING PERMITS VOID:

After the adoption of the resolution of intention, and prior to the time the ordinance establishing the setback line or lines becomes effective, no building permit shall be issued for the erection of any building or structure between any proposed setback line and the street line. Any permit so issued shall be void. [Formerly numbered Section 26-102; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-812: UNLAWFUL TO VIOLATE SETBACK LINE ONCE ESTABLISHED:

From and after the taking effect of the ordinance establishing any setback line or lines, it shall be unlawful for any person to construct any building, wall, fence, sign or other structure within the space between the street line and the setback line so established, and the Building Department shall refuse to issue a permit for any building, wall, fence, sign or other structure to be erected within such space; provided, however, that street improvements may be constructed therein if the prior approval of the Public Works Director is obtained, and if constructed in accordance with such specifications of the City as may be applicable thereto, and provided further that temporary buildings, walls, fences, signs or other temporary or easily removable structures may be constructed therein by the owner after obtaining a revocable permit from the Public Works Director subject to such terms and conditions as the Public Works Director may impose. Said permit may be revoked by the Public Works Director or by order of the Council. It shall be unlawful for any person to construct or maintain any such building, wall, fence, sign or other temporary or easily removable structure within a setback area in violation of such revocable permit or any of the terms and conditions thereof. [Formerly numbered Section 26-103; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 9. STREET AND HOUSE NUMBERING PLAN

7-3-901: DEFINITION OF BLOCK:

For the purpose of this article “block” shall mean that portion of any street between two (2) cross streets, or between a cross street and an abutting street. Blocks which are separated by an abutting street shall be deemed to be separated by the prolongation of the centerline of the abutting street. [Formerly numbered Section 26-104; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-902: BASE LINES FOR STREET NUMBERS:

A.    Olive Avenue shall be the base line for numbers on streets running northerly and southerly.

B.    Front Street shall be the base line for numbers on streets running easterly and westerly. [Formerly numbered Section 26-105; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-903: ODD AND EVEN NUMBERS:

Numbers on the westerly and northerly side of streets shall be odd, and numbers on the easterly and southerly sides of the streets shall be even. [Formerly numbered Section 26-106; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-904: SPACING OF NUMBERS:

Within the area from the northerly line of Cypress Avenue to the southerly line of Providencia Avenue, and from the westerly line of Front Street to the easterly line of Sixth Street, twelve and one-half feet (121/2') frontage shall be allowed for each number. In the rest of the City, twenty five feet (25') frontage shall be allowed for each number; provided, however, that where in the discretion of the City Engineer commercial, industrial or congested residential areas warrant, twelve and one-half feet (121/2') or less frontage may be allowed for each number. Frontage shall be calculated from the end to the beginning of each block. [Formerly numbered Section 26-107; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-905: NUMBERING TO BEGIN AT BASE LINES; FIRST NUMBERS:

Numbers shall begin at the base lines defined in Section 7-3-902 of this article. On streets running easterly and westerly from Front Street, number one shall be the first odd number and number two (2) the first even number and number one hundred (100) shall be the first even number and number one hundred one (101) the first odd number in the second block. On all other streets, number one hundred (100) shall be the first even number and number one hundred one (101) the first odd number in the first block. At the beginning of each block thereafter, numbering shall commence with the appropriate multiple of one hundred (100). Each block shall be numbered as if the street began at the base line designated in Section 7-3-902 of this article and extended continuously to include the block or blocks being numbered. [Formerly numbered Section 26-108; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-906: PLACING NUMBERS ON BUILDINGS; HEIGHT AND WIDTH OF NUMERALS:

All entrances to buildings from the street shall be numbered as provided in this article. The numbers shall be placed upon, or immediately above, the door or gate of such entrance. Where entrances to buildings are not plainly visible from the street, the corresponding house numbers shall be displayed on the front of the building or upon any convenient placard on the front of the lot. All numerals in the numbers shall be placed upon a contrasting background, shall be uniform in height and width, and shall be at least three inches (3") in height and of corresponding width. [Formerly numbered Section 26-109; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-907: DUTY OF PUBLIC WORKS DIRECTOR TO DESIGNATE NUMBERS:

The Public Works Director shall designate the numbers required by this article to be displayed. [Formerly numbered Section 26-110; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-908: DISPLAY OF NUMBERS REQUIRED; WRONG NUMBERS PROHIBITED:

No owner, occupant, lessee, tenant or subtenant of any building having an entrance which fronts on the street shall display any number of such building or entrance thereto other than the proper number designated by the Public Works Director, and shall, within five (5) days after receiving notice of such designated number from the Public Works Director, place the same upon or immediately above the door, gate or entrance to such building. [Formerly numbered Section 26-111; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-3-909: CHANGE OF HOUSE NUMBERS AND MAILING ADDRESSES:

Whenever the house numbers or mailing addresses of any resident of the City are changed by action of the Public Works Director, he shall notify the County Clerk of the County thereof. [Formerly numbered Section 26-112; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 10. STREET NAME PROCEDURES

7-3-1001: STREET NAME CHANGE REQUESTS:

All requests or proposals for the naming or renaming of a City street, shall be filed with the Public Works Director. Requests or proposals relating to the naming or renaming of City streets may be made by the Council or any board, commission, officer, or employee of the City, or by the submission of a petition, signed by at least fifty percent (50%) of the residents and/or businesses with addresses on the street proposed to be renamed. Any person submitting such petition shall pay a fee in the amount established in the Burbank Fee Resolution. The Public Works Director shall review the request or proposal and, within a reasonable time, shall file its report and recommendation with the City Clerk. [Added by Ord. No. 3068, eff. 6/27/87; Amended by Ord. 19-3,915, eff. 5/17/19; 3755.]

7-3-1002: COUNCIL PROCEDURE:

A.    Notice of Hearing: Upon receipt of the report and recommendation of the Public Works Director, the Clerk shall set the matter for a City Council public hearing. Notice shall be published once in a newspaper of general circulation in the City at least ten (10) days before the hearing. Notice shall also be mailed, postage prepaid, at least ten (10) days before the hearing to owners of property with an address on the street affected by the name change and to each business, according to the City’s business tax registration records, with an address on such street.

B.    Council Hearing: If the Council determines that any street name in the City should be changed or established, the Council shall render its decision by a written resolution. The City Clerk shall mail copies of the resolution to interested and affected persons and public and private agencies. [Added by Ord. No. 3068, eff. 6/27/87; Amended by Ord. No. 19-3,915, eff. 5/17/19.]

7-3-1003: CRITERIA FOR STREET NAMES:

A.    Changes in Street Names: An existing street shall be renamed upon a finding that a duplication, confusion, uncertainty, or similar problem exists or will occur concerning the name of such street.

B.    Local Significance: Street names may be established or changed when the proposed street name is for the purpose of honoring or calling attention to persons or places having special prominence and significance to the culture or the history of the City. [Added by Ord. No. 3068, eff. 6/27/87; Amended by Ord. No. 19-3,915, eff. 5/17/19.]

7-3-1004: SUBDIVISIONS:

In lieu of the provisions of Section 7-3-1002 of this article, the Council shall review and consider the recommendations of the Public Works Director during its consideration of an applicable final subdivision map and the Council’s decision on the establishment of street names shall be included in its resolution approving such final map. [Added by Ord. No. 3068, eff. 6/27/87; Amended by Ord. No. 19-3,915, eff. 5/17/19; 3755.]


1

State law reference: As to closure of streets, see Veh.C. § 21101. As to closure for fairs, etc., see Str. & H.C. § 982. As to closure for parades, see Veh.C. § 21101. As to closure during emergencies, see Veh.C. § 2812.


2

Repealed by Ord. No. 3435, eff. 7/1/96.


3

See Charter Section 1200.


4

State law reference: As to street maintenance districts, see Str. & H.C. §§ 5600-5630.


5

State law reference: As to advertising on highway, see Bus. & Prof.C. §§ 5226, 5229, 5251 and 5403-5419.