Chapter 2
SIDEWALKS, DRIVEWAYS, CURBS, AND GUTTERS

Sections:

7-2.01    Definitions.

7-2.02    Permits.

7-2.03    Specifications.

7-2.04    Inspection, supervision, and fees.

7-2.05    Driveway approaches.

7-2.06    Notice to repair: Form.

7-2.07    Notice to repair: Time of work.

7-2.08    Notice to repair: Posting.

7-2.09    Notice to repair: Service by mail.

7-2.10    Notice to repair: Appeals.

7-2.11    Completion of work by City.

7-2.12    Report of costs of work: Notice of hearing.

7-2.13    Report of costs of work: Form.

7-2.14    Report of costs of work: Hearing.

7-2.15    Costs of work: Lien.

7-2.16    Notice of lien: Form.

7-2.17    Lien: Effect: Foreclosure.

7-2.18    Payment of lien with property taxes.

7-2.19    Bond required.

7-2.01 Definitions.

For the purposes of this chapter, certain words and phrases used herein are defined as follows:

(a)    “Contractor” shall mean any person, firm, or corporation engaged in the business of laying or constructing sidewalks, driveway approaches, curbs, or curbs and gutters and holding valid State and City licenses.

(b)    “Repair” shall mean construction, repair, or reconstruction of sidewalks, driveway approaches, gutters, curbs, and/or curbs and gutters.

(c)    “Superintendent of Streets” shall mean the City Engineer and/or the Superintendent of Streets of the City.

(§ 1, Ord. 556 N.C.S.)

7-2.02 Permits.

(a)    Required. It shall be unlawful for any person to construct, repair, or reconstruct, or cause to be constructed, repaired, or reconstructed, any sidewalk, driveway approach, curb, gutter, or curb and gutter without first obtaining a written permit therefor from the office of the Superintendent of Streets or an officer designated by him.

(b)    Application. A written application for a permit shall be on a form approved by the Superintendent of Streets and shall contain a statement of experience in such work and a statement assuming all liability which may develop during or from the performance of the work. The application shall be submitted to the Superintendent of Streets for his approval or disapproval before the permit is issued. Any requirements of the Superintendent of Streets shall be agreed to by the applicant and shall be noted on the permit.

(c)    Application: Appeals. Should the applicant disagree with the requirements of the Superintendent of Streets, he may file a written notice of appeal within five (5) days with the Council, and the Council may approve, disapprove, or modify such permit.

(d)    Blanket permits. A contractor may not be required to make written application or obtain a written permit. The Superintendent of Streets may require contractors to submit written applications and receive written permits by fixing a date after which all contractors shall submit written applications for permits and by mailing a notice thereof to the contractors at addresses shown on the City license records.

(e)    Work to be in public interest. No permit shall be issued if it has been determined that the proposed work is against the public interest and convenience or if the Superintendent of Streets has instituted formal proceedings to do the work under the Charter and laws of the City and/or general laws of the State.

(§ 2, Ord. 556 N.C.S.)

7-2.03 Specifications.

All work shall be done in accordance with the specifications and standards for sidewalks, driveway approaches, curbs, gutters, or curbs and gutters on file in the office of the Superintendent of Streets to which reference is hereby made for further particulars.

No materials shall be used in the construction, repair, or reconstruction of any sidewalk, driveway approach, curb, gutter, or curb and gutter except as is specified by the Superintendent of Streets.

The lines and grades for doing such work shall be set by the Superintendent of Streets or a qualified person designated by him.

(§ 3, Ord. 556 N.C.S.)

7-2.04 Inspection, supervision, and fees.

All work shall be done under the direction, supervision, inspection, and to the satisfaction of the Superintendent of Streets.

Fees shall be charged for permits, grades, and inspection services if a schedule of charges is approved by the Council and is on file in the office of the Superintendent of Streets.

(§ 4, Ord. 556 N.C.S.)

7-2.05 Driveway approaches.

Whenever a driveway approach is no longer needed or used as such, the owners or occupants shall be required to replace the same with curb and sidewalk. Written notice shall be given as provided in Section 7-2.06 of this chapter.

The Superintendent of Streets hereby is empowered to require owners and/or occupants of property to construct, remove, and/or reconstruct driveway approaches which obstruct the gutter or where drainage or other conditions are unsatisfactory. Written notice shall be given as provided in Section 7-2.06 of this chapter.

(§ 5, Ord. 556 N.C.S.)

7-2.06 Notice to repair: Form.

Whenever any portion of any sidewalk, driveway approach, curb, gutter, and/or curb and gutter on any public thoroughfare in the City shall be out of repair, need reconstructing, or be in a condition to endanger persons or property passing thereon so as to interfere with the public convenience, the Superintendent of Streets shall mail and/or deliver a notice in writing to the owners or occupants of the property describing the condition and the repairs and/or reconstruction required in front of such property, which notice shall be in a form substantially as follows:

City of Watsonville, California

NOTICE TO REPAIR ____________________

Date

To:__________________________________________________________________________ owner, person in possession of that parcel of land in the City of Watsonville, California, described as follows:

____________________________________________________________________________

You are hereby notified that a portion of the sidewalk—driveway—curb located at the above address is out of repair and is in such condition that the same endangers persons and property and is in a condition to interfere with the public convenience and use thereof. Therefore, pursuant to the provisions of the Improvement Act of 1911 of the State of California, you are hereby notified that such repair must be started within two (2) weeks from the above date. Said improvement act holds the property owner liable for damages resulting from the unsafe condition of the sidewalk. Such repair must be made in accordance with the provisions of the laws of the City of Watsonville.

Work required to be done is repair to ______________________________________

You are further notified that if such repair is not commenced within two (2) weeks from the date hereof and diligently without interruption prosecuted to completion, the Superintendent of Streets will make such repair and the cost thereof, if not paid, will become a lien upon such property.

______________________________

SUPERINTENDENT OF STREETS

(§ 5, Ord. 556 N.C.S.)

7-2.07 Notice to repair: Time of work.

The written notice referred to in Section 7-2.06 of this chapter shall state the time after the notice date when work shall begin and such work shall be diligently and without interruption prosecuted to completion.

(§ 5, Ord. 556 N.C.S.)

7-2.08 Notice to repair: Posting.

The notice to repair shall be posted in a conspicuous place on each parcel of property abutting or fronting on the sidewalk out of repair.

(§ 5, Ord. 556 N.C.S.)

7-2.09 Notice to repair: Service by mail.

Within three (3) days after posting of the notice to repair, the Superintendent of Streets shall cause a notice similar in form and substance thereto to be mailed, postage prepaid, to the owner of such property as his name and address appear on the assessment records of the City.

(§ 5, Ord. 556 N.C.S.)

7-2.10 Notice to repair: Appeals.

The owner of such posted property may appeal to the Council in accordance with the provisions of Chapter 4 of Title 1 of this Code.

(§ 5, Ord. 556 N.C.S.)

7-2.11 Completion of work by City.

Unless the repair required in such notice shall be commenced by the owner within two (2) weeks from the date of posting the notice and diligently prosecuted to completion, or in case of an appeal to the Council, within ten (10) days from the date of the determination thereof unless such appeal shall be sustained, the Superintendent of Streets shall forthwith make the repair and/or cause the same to be made. If upon appeal to the Council the requirements of the original notice are modified, in making such repair the Superintendent of Streets shall be governed by such modification.

(§ 5, Ord. 556 N.C.S.)

7-2.12 Report of costs of work: Notice of hearing.

Upon completion of the repair or improvement, the City Clerk shall cause notice of the repair to be mailed at least ten (10) days prior to the hearing to the owner of such property as the owner’s name and address appear on the assessor’s parcel records of the County, which notice shall specify the day, hour, and place when the Council will hear and pass upon a report by the Superintendent of Streets of the costs of the repair or improvement, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons.

(§ 5, Ord. 556 N.C.S., as amended by § 1, Ord. 1014-96 C-M. eff. October 10, 1996)

7-2.13 Report of costs of work: Form.

Upon completion of the repair or improvement the Superintendent of Streets shall prepare and file with the Council a report specifying the repairs or improvements which have been made, the cost of the repairs or improvements, a description of the real property in front of which the repairs have been made, and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs and improvements to any number of parcels of property, whether contiguous to each other or not.

(§ 5, Ord. 556 N.C.S.)

7-2.14 Report of costs of work: Hearing.

Upon the day and hour fixed for the hearing, the Council shall hear and pass upon the report of the Superintendent of Streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repairs and improvements and any other interested persons. Thereupon the Council may make such revisions, corrections, or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected, or modified, shall be confirmed. The Council may adjourn the hearings from time to time. The decisions of the Council on all protests and objections which may be made shall be final and conclusive.

(§ 5, Ord. 556 N.C.S.)

7-2.15 Costs of work: Lien.

The cost of the repair may be assessed by the Council against the parcel of property fronting upon the sidewalk upon which such repair was made, and such cost so assessed, if not paid within five (5) days after its confirmation by the Council, shall constitute a special assessment against that parcel of property and shall be a lien on the property for the amount thereof, which lien shall continue until the assessment and all interest thereon are paid or until it is discharged of record.

(§ 5, Ord. 556 N.C.S.)

7-2.16 Notice of lien: Form.

The Superintendent of Streets may file in the office of the County Recorder a certificate substantially in the following form:

NOTICE OF LIEN

Pursuant to the authority vested in me by the Improvement Act of 1911 and the provisions of Chapter 2 of Title 7 of the Watsonville Municipal Code, I did on the ______ day of _____________, 19___, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls, or other works in front of the real property hereinafter described to be repaired and improved, and the Council of the City of Watsonville did, on the _________ day of _________________, 19___, by Resolution No. _________ assess the cost of such repair upon the real property hereinafter described and the same has not been paid, nor any part thereof, and the City of Watsonville does hereby claim a lien on said real property in the sum of $___________, and the same shall be a lien upon said real property until the said sum of $____________, with interest at the rate of six (6%) per cent per annum from the said _________ day of ________________, 19___, has been paid in full and discharged of record.

The real property hereinabove mentioned and upon which a lien is claimed is that certain piece or parcel of land lying and being in the City of Watsonville, County of Santa Cruz, State of California, and particularly described as follows:

____________________________________________________________________________

Dated this _______ day of ________, 19__.

_____________________

Superintendent of Streets

(§ 5, Ord. 556 N.C.S.)

7-2.17 Lien: Effect: Foreclosure.

From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitations shall not run against the right of the City to enforce the payment of the lien. If any such lien is not paid, the City may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under the Improvement Act of 1911.

(§ 5, Ord. 556 N.C.S.)

7-2.18 Payment of lien with property taxes.

As an alternative method of collection of the amount of the lien, the Council, after confirmation of the report of the Superintendent of Streets, may order the notice of lien to be turned over to the Assessor and the Tax Collector, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. If City taxes are collected by County officials, the notice of lien shall be delivered to the County Auditor, who shall enter the amount thereof on the County assessment book opposite the description of the particular property, and the amount shall be collected together with all other taxes against the property. The notice of lien shall be delivered to the County Auditor before the date fixed by law for the delivery of the assessment book to the County Board of Equalization.

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

(§ 5, Ord. 556 N.C.S.)

7-2.19 Bond required.

Any contractor doing work under private contract on the public streets and/or sidewalks of the City shall first execute a good and sufficient bond in the sum of One Thousand and no/100ths ($1,000.00) Dollars for the faithful performance of any work he may undertake on such public streets for the protection of the City and against damage to any street, sidewalk, or structure, or materials therein, which bond shall inure not only to the benefit of the City but also to that of any property owner who may employ such contractor to do such work. Such bond shall be either that of a surety company or a private bond with two (2) good and sufficient sureties who shall justify in double the sum. Such bond shall be subject to approval by the Superintendent of Streets.

(§ 6, Ord. 556 N.C.S.)