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CI10 OF SAN BERNARDIf:b - REQUEOr FOR COUNCIL AC~N
From:
Ralph H. Prince
Subject: Abandoned Driveway
Reconstruction Ordinance
Dept: City Attorney
Date: February 8, 1985
Synopsis of Previous Council action:
At the February 4, 1985 Council meeting, the City Attorney
was directed to prepare an ordinance on abandoned driveways for
the February 18, 1985 Council meeting.
Recommended motion:
Waive further first reading and layover for final adoption.
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Signature
Contact person:
Joanne Fenton
Phone:
5162
Supporting data attached: Yes.
Ward:
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
75.0262
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CI,o OF SAN BERNARDIQ) - REQUEQ- FOR COUNCIL AC1:bN
STAFF REPORT
In preparing an ordinance pursuant to the Mayor's request for
causing the reconstruction of abandoned driveways, we have
prepared an ordinance which adopts Chapters 22 through 24
relating to the maintenance of sidewalks and Chapter 27
relating to construction of sidewalks and curbs from the
Improvement Act of 1911. There was no provision in the act
which specifically states that it applies to the
reconstruction of abandoned sidewalks. However, depending on
the conditions of the particular driveway what might be
required would be construction of curb and parkway and
possibly of a sidewalk or repairs to all three such areas.
Therefore, it seemed that the Street Superintendent could
order whatever combination of work is required under these two
sections of the Improvement Act. In addition, there is a
paragraph specifically relating to abandoned driveways.
Following is a synopsis of the provisions in the Improvement
Act of 1911.
Chapter 22 requires the owners of lots fronting on any portion
of a public street which is improved to maintain the sidewalk
in such condition that it will not endanger persons or
property or interfere with public convenience. Sidewalks
include any parking strip between the property line and the
street line, as well as curbing, bulkheads, retaining walls
for the protection of the sidewalk or parkway. The
superintendent of streets notifies a property owner of any
defective sidewalk condition and gives a notice to repair by
mailing a postcard to the owner. A copy of the notice may be
posted on the property or a second notice may be sent. The
notice specifies the work to be done, how it is to be done,
materials to be used and requires that repair be commenced
within two weeks or the City will make the repair and the cost
become a lien on the property. There is a provision for
issuance of bonds to be paid by an assessment. If the repair
is not made by the property owner, the Superintendent is
authorized to repair the sidewalk or may do so at the written
request of the owner. If the City makes the repair, a notice
of the cost is given and specifying the time that the
legislative body will hear the report of the Superintendent of
the cost of the repair and any objections or protests of
owners liable to be assessed of the costs. At the hearing,
the legislative body may make whatever correction or
modification to the Superintendent's report as it deems just.
The cost of the repair may be assessed against the parcel of
property fronting the sidewalk repaired, and if not paid
within five days, it becomes a special assessment and lien
against the property. A notice of the lien is filed in the
office of the County Recorder and as an alternative method of
collection, the legislative body may order the assessment
collected with taxes. The legislative body may also provide
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Staff Report
February 8, 1985
Page Two
for that assessments in excess of $100.00 may be made in five
annual installments plus interest.
Chapter 24 of the Act sets a thirty day statute of limitations
which begins to run upon the recording of the assessment.
Chapter 27 relates to the construction of sidewalks and curbs
by property owners. It applies to the construction of
sidewalks, gutters, pavements, to the centerline, driveways,
curbs, storm and sanitary drainage facilities, water
facilities, parkway trees, street lighting facilities in front
of properties in any block where any or all of such facilities
have already been constructed in more than 50% of the front
footage of the block or where owners of more than 60% of the
front footage file a petition with the City Clerk requesting
complete installation of improvements. There is an exclusion
for driveways in front of vacant lots or unimproved property,
which has been eliminated in the City ordinance. The statute
creates a duty for the owners to construct the facilities
pursuant to a finding by the Superintendent of Streets or
whenever the legislative body orders the installation of such
improvements. Notice is given to the owner or person in
possession to construct the facilities and the notice
specifies a date of hearing when the legislative body will
hear objections and protests. The objections and protests can
be overruled by an affirmative four-fifths vote, except a
majority only is required if a petition has been filed
requesting the improvements. The decision of the legislative
body is final and conclusive. The procedure is the same as
with the sidewalk maintenance chapter. If the property owner
does not do the construction, then the City may do the work
and report to the legislative body, with notice to the
property owner of the date of hearing, at which any protests
or objections to the costs are heard. The costs may be
assessed as a lien, which may be recorded, and the costs can
be collected together with property taxes.
Throughout, these statutes refer to the Superintendent of
Streets who is defined as the person designated by the City to
perform these functions. The ordinance as drafted makes clear
that the term refers to the Director of Public Works/City
Engineer. We assume it is the intent of the Mayor and Common
Council that the Director of Public Works/City Engineer should
have the responsibility of implementing this program.
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 12.92
TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR IMPROVEMENT
OF ABANDONED DRIVEWAYS BY ADOPTION, WITH MODIFICATIONS, OF
CHAPTERS 22, 24, AND 27 OF THE IMPROVEMENT ACT OF 1911 CONTAINED
IN DIVISION 7, STREETS AND HIGHWAYS CODE, RELATING TO
MAINTENANCE, AND CONSTRUCTION OF SIDEWALKS, GUTTERS, PAVEMENTS,
DRIVEWAYS, CURBS, DRAINAGE AND WATER FACILITIES, AND PARKWAY
TREES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 12.92 is added to the San Bernardino
Municipal Code to read:
-12.92.010 Adoption of state statutes.
Those certain statutes regulating the maintenance of
sidewalks and the construction of sidewalks and curbs found in
Chapters 22, 24 and 27 of Division 7 of the Streets and Highways
Code, which is titled -The Improvement Act of 1911,- are hereby
adopted as laws governing the City of San Bernardino, and such
statutes shall take effect and may be enforced within the City,
except as set forth in this chapter.
12.92.020 Scope of chapter and definitions.
A. In addition to the scope of chapter set forth in Section
5871 of the Streets and Highways Code, this chapter shall apply
to the construction, reconstruction or removal of driveways,
curbs, sidewalks, gutters, pavements, parkways, drainage and
water facilities, parkway trees, and other necessary works in any
block where an existing driveway no longer serves any development
on a lot or property. Notwithstanding the provisions of Section
5871 of the Streets and Highways Code, this chapter shall apply
to driveway construction, reconstruction, or removal and curb
infill in front of a vacant lot or in front of an unimproved
property.
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B. The term .Superintendent of Streets. when used in state
statutes hereby adopted shall mean the Director of Public
Works/City Engineer of the City of San Bernardino or his
designee.
12.92.030 Reconstruction or removal of driveways and
appurtenant areas.
When the Director of Public Works/City Engineer finds that
in any block there are driveways existing which no longer serve
any improvements on a lot or parcel of property, the Director of
Public Works/City Engineer may, upon the instructions of the
Mayor and Common Council, notify the owner or person in
possession of the property on which such driveway exists to
construct, reconstruct or remove as necessary to eliminate the
driveway and conform to street improvements in the remainder of
the block, sidewalks, parkways, curbs, and paving in front of his
property, pursuant to the procedure set forth in those statutes
adopted by this chapter..
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
, 1985, by the following vote, to
day of
wit:
AYES:
Council Members
NAYS:
ABSENT:
CITY CLERK
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The foregoing ordinance is hereby approved this
, 1985.
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Approved as to form:
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City Attorney
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Mayor of the City of San Bernardino
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