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HomeMy WebLinkAboutOrd 1949ORDINANCE NO. I9{9 AN ORDINANCE OF TIIE CITY COUNCIL Otr'THE CITY OF BURLINGAME AMENDING CHAPTER 12.12 OF THE BURLINGAME MUNICIPAL CODE WIGREAS current Chapter 12.12 of the Burlingame Municipal Code provides for a 50Yol50%o cost-sharing procedure for sidewalk repairs between the City and adjacent property owners; and WHEREAS this procedure has proven to be inefficient in securing funds for repairs and may impair the City's ability to react dynamically to the highest-need areas for repair; and WHEREAS the economic context for the cost-sharing program's initiation has changed, with the City being better able to cover the costs ofneeded repairs from available funds; and WHEREAS the City maintains over I 16 miles of sidewalk and it is important that this sidewalk infrastructure be properly maintained to protect public health and safety of pedestrians; and WHEREAS State law imposes the duty to maintain the sidewalk on adjacent property owners, which duty is not relieved by this ordinance, but the City may concurrently exercise the right to identifr and pay for necessary repairs as part of its own sidewalk program; and NOW, THEREFORE, the City Council of the City of Burlingame does hereby ordain as follows: DIVISION 1: Section l: Burlingame Mmicipal Code Chapter 12.12 Sidewalk and Parkway Maintenance is hereby amended as follows (deletions denoted as srikethrough text and additions as underlined text): 12.f2.01O Maintenance by property owners. The owners of properties adjacent to or fronting on any portion of an improved street or place, or a street whose area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall have a duty to maintain and shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and in such condition that the sidewalk will not interfere with the public convenience in the use of those works or areas except as to those conditions created or maintained in, on, along or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him or her by law or by the city authorities in charge thereoi and such persons shall be in a like duty in relation thereto. (Ord. 1858 $ 2, (2010)) L2.L2.O2O Nouce to repair'-Duty to repair-€ptieas' When any portion of any sidewalk is defective, out of repair or pending reconstruction and/or in condition to endanger p€rsons or property, or to interfere with the public convenience in the use thereof, the director of public works or desigrree shall notifu the owner or person in possession of the property abutting or fronting on that defective or out of repair portion of the sidewalk, to repair the sidewalk in the manner provided in this chapter and as approved by the Public Works Director or his/her designee in accordance with Public Works Standards. (Ord. 1858 $ 2, (2010) 12.12.030 Notice to repair-Service' The Public Works Director or hiVher designee may notiry the affected propefiy o*ner of the need to repair sidewalk in accordance with the Streets and Highway Code. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property abutting or fronting on that portion of the sidewalk so out of repairyer Uy--mailing-a-"os{a@r by mailing a written notice postagearepaid to the person in possession of such property, or to the owner thereof at the last known address as the same appezrrs on the last equalized assessment roll or to the name and address of the person owning such property as shown in the records of the e$ee-ef+he-eigr-elerk San Mateo County Recorder's Office. (Ord. 1858 $ 2, (2010)) 12,12.G,4O Repairs performed by owner. If eleeting t6 pede Upon receiving a notice to repair, the property owner, within fourteen (14) days after receipt of the notice to repair, shall: (l) obtain an encroachment permit from the public works department; (2) commence performance of the work, and diligently and without intemrption prosecute the work to completion; (3) be responsible for the full cost of the repair. If the property owner fails to timely obtain an encroachment permit and to commence and diligently prosecute the work without intemrption, the director of public works shall make such repair, and the cost of that repair shall be a lien on the property pursuant to the provisions of this chapter. (Ord. 1858 $ 2, (2010)) 12.12.050 Repairs oerformed by Citv. Notwithstandins the above Drovislons this Chaoter-**l1,ele. the Ciw Council mav authorize the Director of Public Works or hi desisnee to identilV sidewalk renairs and imolement a sidewalk reDair Drosram to oedestrian safetv concems and to address comoliance with the Americans with Disabi Act as Dart of the Caoital knDrovement Prosram. The focus of the work performed b t he Pub lic Works Deoartment shall consist of sidewalk reDairs to address oedestrian safetv co ncems arisire-on{-oft+eq in the oublic estri of travel and Ameri with Disabilities Act im vements and excludes al vate a aches and vate tinuation of the sidewalk alI Public Works Director is cont tu of and ma terminate at anv time as determined bv the Citv Council. The implementati on of the sidewalk the Publ w Director does not relieve the ad o vate oumers of their resDo nsibility for maintenance of sidewalks as specified in Sectiaa5QQ a{ Ihc Streets and y Code, and in Chapter 12.10.010 above.1 +:r++e4+lteticetHeaih @ieflsr @irsr The prepe*y ewner shall have two (2) optiens fer m^tdng the required sidet-ark repairs: im-or "sidewalk repair pregraEn," (erd, tr858 $ 2; (2010)) ee+e) Ia.L^ --^-^/-. ^--*^- L^- -^r ^^*--^-^^l rL^ -^-^:- ---t --^^^^--.^l :r r^ peffiit; or; if the prep irs in the sarne generd area p (b) The publie rvorks di tha@ Upen eem ing: (a) Shdl eause notiee efthe eest ef repair te be giver i* the marmer speeified in this r€pair; togettrer with arry o (b) Shall prepare and file rrith the eit, eeureil a repert speei&ingtle repairs wldeh *2+2+e€-Rep6Hlean:Fgl' in the report as it may de eil may eonfirm the @ b" the eiry in eau- rg sueh repair te be made; and dl ineidentel e'<penses in eerrreetion ihall be determined b is 12.12.t30O50 Costs-Assessment-Lien when. assessmer*sr For any repair for which notice was given under Section 12.12.040 ofthis Chapter and the costs of reoair were bome bv the Ciw-city council shall conduct a public hearins at which the Director of Public Works shall submit the notice and costs associated with the reDalr. and the prooerty owner against whom such reoairs may be charsed shall have the opoortunity to aDDear. disDute the charges. and submit arsument or evidence rn suooort of the property owner's ition. The affected owner shall sas vided in Section 12.12.030 via certified mail or hand liverv and reeistered mail at least l4 calendar a item is to be heard. I followin ublic hearinthe citv council detennines the charges to be proper. the city council shall assess the cost ofrepair against the parcel of property fronting upon the sidewalk upon which such repair was made. Such cost so assessed, ifnot paid within thirty (30) days of mailing the invoice, shall constitute a special assessment against that parcel ofproperty, and shall be a lien on the property for the amount thereof. Such lien shall continue until the assessment and all interest thereon are paid, or until it is discharged ofrecord. (Ord. 1858 $ 2, (2010) (d) The deeisions oftle eity eeuneil en all pretests aad obieet:ons rvl':eh may be made shall be final arrd (a) The direeter efpublie rverks shdl eause to be kept a -ermurent reeerd eentaining 'rL^ ^:!. ^^---^:l -^-. ^l:^---.L^ L^^--:--^ C^-.:-^ r^ .:--, NOTICE OF LIEN Pursuant to the authority vested in me by the Improvement Act of l9l l, I did, on the - day of 20-, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls or other works (as the case may be) in front ofthe real property hereinafter described, to be repaired and improved, and the City Council of the City of Burlingame did, on the - day of , 20-,by Resolution No. _ assess the cost ofsuch repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said City of Burlingame does hereby claim a lien on said real property in the sum of- DOLLARS ($and the same shall be a lien upon said real property, with interest at the rate of7 percent per amum, from the said - day of 20_, has been paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Burlingame, the County of San Mateo, State of Califomia, and particularly described as follows, to wit: (DESCRIPTION OF PROPERTY) Dated this _ day of , 20_. (Ord. 18s8 $ 2, (2010)) 12,12.+{eO8O Effect of recordation of lien notice. (a) From and after the date ofthe recording of the notice oflien, all persons shall be deemed to have had notice ofthe contents thereof. The notice of lien may include claims against one or morc separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. O) The statute of limitations shall not run against the right of the city to enforce the payment of the lien. (c) 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 ,-2,12.:t3{,/oTo Filing of notice of lien with countY recorder' The director of public works may file in the office of the county recorder a certificate substantially in the following form: Director of Public Works which delinquent bonds are foreclosed under Division 6 of the Streets and Highways Code. (Ord. l8s8 $ 2, (2010) 12.12.*5eO90 Collection of lien with regular taxes. As an altemative method of collecting the amount of the lien, the city council, after confirmation ofthe report of the director ofpublic works, may order the notice of lien to be delivered to the county auditor. The county auditor shall enter the amount thereof on the county assessment book opposite the description ofthe particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery ofthe assessment book to the county board of equalization. (Ord. 1858 S 2, (2010)) 12.12,l5gOOTime and manner of collection-Penalues-Foreclosure procedure. 12.12.:,7e110 Proof of service of notice. Proof of the posting or mailing of any notice, order, or determination provided for in this chapter may be made by the affidavit ofthe person posting or mailing such document annexed to a copy thereof. The affidavit shall specifu the date when or at which the document was posted or mailed, as the case may be. The director ofpublic works shall keep the affidavits ofposting or mailing. No error in the name or address shall affect in any manner the validity ofthe procedure or any lien imposed hereunder. (Ord. 1858 $ 2, (2010)) r2.12.+€e120 Legality of charge. No charge, or any act relating to such charge, or the collection of the same hereunder shall be illegal on account of informality or because the same was not completed within the time required by law. (Ord. 1858 $ 2, (2010)) 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 ofdelinquency as provided for ordinary city taxes. All laws applicable to the lery, collection, and enforcement of city taxes are hereby made applicable to such special assessment taxes. (Ord. 1858 $ 2, (2010)) DIVISION 2: Ifany section, subsection, sentence, clause or phrase ofthis Ordinance is for any reason held to be invalid, such decision shall not affect the validity ofthe remaining portions ofthis Ordinance. The council declares that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, inespective ofthe fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 3: This Ordinance shall be published in a newspaper of general circulation in accordance with Califomia Govemment Code Section 36933, published, and circulated in the City of Burlingame, and shall be in full force and effect thirty (30) days after its final pasmge. MICHAEL yor I, MEAGIIAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certifo that the foregoing ordinance was introduced at a regular meeting ofthe City Council held on the 5s day of March, 2018 and adopted thereafter at a regular meeting ofthe city council held on the 56 day of March,20l8, by the following vote: AYES: COIINCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS : NONE A S SEL-SHEARER, City Clerk