HomeMy WebLinkAboutOrd 1858ORDINANCE NO. 1858-2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AMENDING CHAPTER 12.12 OF THE BURLINGAME MUNICIPAL CODE
TO IMPLEMENT A CITY/PRIVATE PROPERTY OWNER SHARED
SIDEWALK REPAIR PROGRAM
The City Council of the City of Burlingame finds as follows:
Section 1. Factual background
The City maintains over 116 miles of sidewalk, a significant portion of which is aging
and is impacted by the tree roots resulting in cracks and separations requiring repair.
Providing frontage access for Burlingame residents and businesses and serving as a
primary pedestrian facility, the sidewalks are an essential part of the City infrastructure.
It is important that the sidewalk infrastructure be property maintained to protect the
public health and safety of the pedestrians and minimize liability to property owners and
the City as a whole. Ir, the past year, the economic condition of the country, the State, the
region and the City of Burlingame, has deteriorated significantly. The stagnant economy
has had a direct effect on the ability of the City to raise revenue through sales and
occupancy taxes to fund the maintenance and repair of City sidewalks.
The .California Streets and Highways .Code requires that adjoining. private property
owners maintain the sidewalks in front of their property. In an effort to discover funds
for sidewalk repair, the Council evaluated several options. After a comprehensive
analysis of options available, the Council directed staff to proceed with a 50/50 sidewalk
repair program with the objective of funding sidewalk repair in a manner that will reduce
the financial and logistical burden to both property owners and the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BURLINGAME DOES ORDAIN AS FOLLOWS:
Section 2. Amendment to Burlingame Municipal Code Chapter 12.12
Chapter 12.12 of the Burlingame Municipal Code is hereby repealed and a new
Chapter 12.12 is hereby enacted to read as follows:
"Chapter 12.12 SIDEWALK AND PARKWAY MAINTENANCE
12.12.010 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 by law or by the city authorities in
charge thereof, and such persons shall be in a like duty in relation thereto.
12 12 020 Notice to repair—Duty to repair ---Options.
When any portion of any sidewalk is defective, out of repair or pending
reconstruction and/or in condition to endanger persons or property, or to interfere
with the public convenience in the use thereof, the director of public works or
designee shall notify 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 article,.
12 12 030 Notice to repair—Service.
Notice of repair maybe 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 repair, or by mailing a postal card, or by mailing
a written notice postage prepaid to the person in possession of such property, or to
the owner thereof at the last known address as the same appears 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 office of the city clerk.
12.12
.040 Notice to repair
The postal card shall contain a notice to repair the sidewalk so out of repair and
the director of public works or designee shall, immediately upon the mailing of
the notice, cause a copy thereof printed on a card of not less than eight inches by
ten inches in size, to be posted in a conspicuous place on the property. In lieu of
posting a copy of the mailed notice on the property as provided herein, the
director of Public Works or designee, not less than seven nor more than ten (10)
days after the mailing of the first notice to repair, may mail an additional notice to
repair, postage prepaid, marked "Second Notice," to the person to whom the first
postal card or notice was addressed. The second notice shall otherwise contain the
material required by this article
12wOL2w 050 Notice to repairs Contents -Options.
The notice to repair shall include the specification of the wont required to be done
the manner of how the work is to be done and the materials to be used in the
repair. The notice shall provide two options available for the property owner to
make the sidewalk repair. The notice shall provide a form for the property owner
to use to notify the Department of Public Works of the sidewalk repair option
selected. And the Notice shall include the information contained in section
12.12.070
i2 i2 060 Options to Make Repairs,
The property owner shall have two options for malting the required sidewalk
repairs: a) participation in the City's "Sidewalk Repair Program" or, b)
performance of repairs him/herself. The property owner shall indicate on the
form included with the notice which option the property owner chooses and shall
deliver said form to the City within fourteen (14) days. The owner's failure to
timely respond shall constitute the owner's assent to participate in the City's
'Sidewalk Repair Program".
12 12 070 Repairs Performed By Owner
If electing to perform the repairs him/herself, the property owner, within fourteen
(14) days after receipt of the notice to repair, shall: a) obtain an encroachment
permit from the Public Works Department; b) commence performance of the
work, and diligently and without interruption prosecute the wont to completion; c)
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 interruption, 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.
12 1
2 080 Repair Performed by Director of Public Works
A. If the property owner has not commenced
the repair and prosecuted it to
completion with due diligence without interruption, as required by the notice and
encroachment permit, or, if the property owner chooses to participate in the City's
"Sidewalk Repair Program", the director of public works shall repair the sidewalk
in conjunction with other sidewalk repairs in the same general area pursuant to the
provisions of this Chapter.
B. The Public Works Director or designee shall determine the cost of the
particular repair to the property owner's sidewallt; property owner shall be
responsible for 50% of that total repair cost and City shall be responsible for the
other 50% of that repair cost.
C. If the property owner participates in the City's "Sidewalk Repair
Program", that property owner shall not be required to pay for repair of the same
portion of sidewalk again for a period of twelve (12) years after the date of
completion of the repair. The limitation of this subsection shall only apply as long
as the property owner who paid for the repair remains the porerty owner of the
adjacent property.
12 12 090 Notice, report, and public hearing on repairs and costs.
Upon completion of the repair work, the director of public works shall do the
following:
A. Shall cause notice of the cost of repair to be given in the manner specified
in this article for the giving of notice to repair. Such notice shall specify the day,
hour, and place when the city council will hear and pass upon a report by the
director of public works of the cost of the repair, 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.
B. Shall_prepare_and_file with the. city council a report_specifying the repairs
which have been made, the cost of the repairs, a description of the real property
(by address or parcel number) 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 to any number of parcels of
property, whether contiguous to each other or not.
12 .12.100 Report—Hearing.
the time fixed for the hearing the city council shall hear and pass upon
the report of the director of public works, together with any objections or protests
which may be raised by any of the property owners liable to be assessed for the
__r_epair work and any other, interested persons.
B. Thereupon, the city council may make such revision, correction or
modifications in the report as it may deem just. Afterwards the city council may
confirm the report as submitted, revised, corrected, or modified.
C. The city council may adjourn the hearings from time to time.
D. The decisions of the city council on all protests and objections which inay
be made shall be final and conclusive.
12.12.110 Records of director of public works.
A. The director of public works shall cause to be kept a permanent record
containing the description of each parcel of property upon which a notice to repair
has been posted, the name of the owner, if known, the date on which such notice
was posted, and the charges incurred by the city in causing such repair to be
made, and all incidental expenses in connection therewith. Each such entry shall
be made as soon as practicable after completion of each act.
B. If the city makes or causes to be made the repair, the charges incurred
therefore shall be determined by the director of public works in accordance with
the provisions of this Chapter. The director of finance shall prepare and mail a
statement for the same to the last known address of the owner of the property.
12.12.120 Costs—Assessment—Lien when.
After confirming the report, determining any objections or protests and
confirming the assessments, the City Council shall assess the cost of repair
against the parcel of property fronting upon the sidewalk upon which such repair
was made. Such cost so assessed, if not paid within thirty (30) days of mailing the
invoice, shall constitute a special assessment against that parcel of property, 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 of
record.
12 12 130 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:
NOTICE OF LIEN
P_ursuant_to_the_authority_vested in me by_the Improvement Act of 1911,_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 of the 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 of such 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 of 7 percent per annum, 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 California, and particularly described as follows, to wit:
(DESCRMION OF PROPERTY)
Dated this day of , 20_
Director of Public Works
12.12.140 Effect of recordation of lien notice.
A. 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.
B. The statute of limitations shall not run against the right of the ciiy 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 which delinquent bonds are foreclosed under Division 6
of the Streets and Highways Code,
12 12 150 Collection of lien with regular taxes.
As an alternative method of collecting the amount of the lien, the city council,
after confirmation of the report of the director of public 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 of the
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 -of -the -assessment book to the ---
county board of equalization.
12 12 160 Time and manner of collection—Penalties—Foreclosure procedure.
Thereafter, the amount of the lien shall be collected at the same time and in the
same manner as ordinary city taxes are collected, and shall be subject to the same
penalties and interest and to the same procedure under foreclosure and sale in case
of delinquency as provided for ordinary city taxes. All laws applicable to the levy,
collection, and enforcement of city taxes are hereby made applicable to such
special assessment taxes.
12.12.170 Proof of service of notice.
Proof of the posting or mailing of any notice, order, or determination provided for
in this article may be made by the affidavit of the person posting or mailing such
document annexed to a copy thereof. The affidavit shall specify the date when or
at which the document was posted or mailed, as the case may be. The director of
public works shall keep the affidavits of posting or mailing. No error in the name
or address shall affect in any manner the validity of the procedure or any lien
imposed hereunder.
12.12.180 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.
Section 3. This ordinance shall be published as required by law.
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify
that the foregoing ordinance was introduced at a regular meeting of the City Council held
on the 20t" day of September, 2010, and adopted thereafter at a regular meeting of the
City Council held on the 18th day of October, 2010, by the following vote:
AYES: Councilmembers: BAYLOCR, BROWNRIGG, DEAL, KEIGHRAN, NAGEL
NOES: CouncilmemUers: �3ROWNRIGG
ABSENT: Councilmembers: NONE
Mary Lllen Kearney, City