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HomeMy WebLinkAboutMC-691ORDINANCE NO. MC-691 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 12.92 TO REQUIRE THE CONSTRUCTION AND MAINTENANCE OF SIDEWALKS AND CURBS AND TO PROVIDE PROCEDURES FOR ASSESSMENT OF COSTS INCURRED BY THE CITY. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 12.92 of the San Bernardino Municipal Code is amended as follows: "Chapter 12.92 Construction and Maintenance of Sidewalks, Curbs and Driveways 12.92.010 Scope and Definitions. A. This chapter shall apply to the maintenance, repair, construction, reconstruction or removal of sidewalks, gutters, pavements, driveways and curbs, the installation of storm and sanitary drainage facilities, water mains, pipes, conduits, tunnels, hydrants, and other necessary works and appliances for providing water service, parkway trees, and street lighting facilities in front of properties in any block where a sidewalk, gutter, pavement, driveway, the installation of storm and sanitary sewer drainage facilities, water mains, pipes, conduits, tunnels, hydrants, and other necessary works and appliances for providing water service, parkway trees, and street lighting facilities, or curb, or all of them. B. This chapter shall apply to property fronting on, or otherwise adjacent to, or in conjunction with any street, arterial or collector street section. C. This chapter shall apply to driveway construction, reconstruction, or removal and curb infill in front of a vacant PZ/dys/br 1 November 6, 1989 ~ MC-,'69l 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 lot, unimproved property, or where an existing driveway no 2 longer serves any development on a lot or property. 3 D. Definitions. 4 As used in this Chapter: 5 1. Sidewalks or curbs includes gutters, driveways, 6 pavement to the centerline of the street, full pavement in 7 alleys, storm and sanitary drainage facilities, water 8 mains, pipes, conduits, tunnels, hydrants, and other 9 necessary works and appliances for providing water service, paving to provide a parking lane on arterial or collector street sections, parkway trees, and street lighting facilities. 2. Fronting and facing, means abutting in the case of property adjoining an alley improvement. In the case of street lighting, in determining how much of the front footage of a block has been improved, the front footage of property benefiting from existing installations may be included regardless of the side of the street on which the installation has been constructed. 3. Block means property facing one side of any street between the next intersecting streets or between the terminus of a dedicated right-of-way of a street and an intersecting street. Street does not include an alley or other right-of-way unless it is of the same width as a regular residential minimum-width street approved as part of a master plan of circulation or streets by the city. In the case of an alley, block means property facing both PZ/dys/br November 6, 1989 2 __J MC""691 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . .~. 1 sides of any alley between the next intersecting streets or 2 3 4 alleys, or between the terminus of an alley and an intersecting street. In the case of street lighting, block means property facing the side of any street on which the 5 improvement is to be constructed between the next 6 intersecting streets on the side to be improved or between 7 the terminus of a dedicated right-of-way of a street and a 8 street intersecting the side to be improved; or property 9 facing the side of any street on which the improvement is to be constructed between the next intersecting streets on the side to be improved or between the terminus of a dedicated right-of-way of a street and a street intersecting the side to be improved and the property facing the opposite side of the street. Where a block exceeds 1,000 feet in length, a length of frontage of 1,000 feet constitutes a block as used in this chapter, if so designated by the Director of Public Works/City Engineer. A determination by the Director of Public Works/City Engineer of such a 1,000-foot block establishes a block and cannot later be changed to include a portion of said 1,000-foot block in another block. 4. Driveway means a paved portion of a public street providing an unobstructed passage from the roadway to an offstreet area used for driving, servicing, parking, or otherwise accommodating motor vehicles. 5. Cost, construction cost, or variants thereof, means and includes the actual cost of construction of the PZ/dys/br November 6, 1989 3 r MC~69i . - 1 work and any incidental or administrative expenses. 2 6. Superintendent of Streets means the Director of 3 4 Public Works/City Engineer of the City of San Bernardino or his designee. 5 12.92.020 Adoption of State Statutes By Reference. 6 The rules, regulations and procedures as set forth in 7 Chapters 22, 24 and 27, of Division 7 of the California Streets 8 and Highways Code, are hereby adopted by reference except as 9 modified by this chapter. 10 12.92.030 Duty To Remove Abandoned Driveways And Reconstruct Appurtenant Areas. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. When the owners of lots or portions of lots fronting on any portion of a public street have driveways existing which no longer serve any improvements on said lot or parcel of property, the owners shall remove and eliminate the driveways and construct or reconstruct sidewalks, curbs and parkways in conformance with the remainder of the block. / / / B. When the Director of Public Works/City Engineer finds any such abandoned driveways, the Director of Public Works/City Engineer shall notify the owners of the property to remove the abandoned driveways and to reconstruct the appurtenant areas. 12.92.040 Duty To Maintain And Repair Sidewalks And Curbs. A. The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk and curb in such PZ/dys/br November 6, 1989 4 II MC~691 1 condition that the sidewalk and curb will not endanger persons or 2 property and maintain it in a condition which will not interfere 3 with the public convenience in its use. The 50% rule does not 4 apply to repair and maintenance. 5 B. When the Director of Public Works/City Engineer finds 6 any sidewalks or curbs out of repair or pending reconstruction 7 and in condition to endanger persons or property or in condition 8 to interfere with the public convenience in its use, the Director 10 property fronting on that portion of such sidewalk or curb so out 9 of Public Works/City Engineer shall notify the owners of the 11 of repair, to repair the sidewalk or curb. 12 12.92.050 Duty To Construct. 13 A. The owners of lots or portions of lots fronting on any 14 public street or place when the street or place has been improved 15 by the construction of sidewalks or curbs for a total frontage of 16 more than fifty percent (50%) on one side of such street or place 17 in any block, or where a petition signed by the owners of more 18 than sixty percent (60%) of the front footage of any part of an 19 unimproved portion or portions of a block has been filed with the 20 city clerk requesting the installation of such improvements in 21 front of said part, or whenever the city upon its own motion 22 orders the installation of such improvements in front of said 23 part, shall have the duty of constructing or causing the 24 construction of sidewalks or curbs in front of their properties 25 upon notice so to do by the city. 26 B. When the Director of Public Works/City Engineer finds 27 that sidewalks or curbs have been constructed in front of 28 PZ/dys/br November 6, 1989 5 - ~69i 1 properties constituting more than fifty percent (50%) of the 2 frontage in any block, or where a petition signed by the owners 3 of more than sixty percent (60%) of the front footage of the 4 block has been filed with the city clerk requesting the 5 installation of such improvements, or whenever the city upon its 6 own motion has ordered the installation of such improvements in 7 front of said part, said Director of Public Works/City Engineer 8 shall notify the owners of the property fronting on that portion 9 of the street in such block in which no sidewalks or curbs have 10 been constructed theretofore, to construct or cause to be 11 constructed sidewalks or curbs in front of their property. 12 12.92.060 Service And Contents of Notice. 13 A. Note to construct, repair, maintain, remove or 14 reconstruct sidewalks, curbs or driveways may be given by 15 delivering a written notice personally to the owner of the 16 property or to the person in possession of the property facing 17 upon the sidewalks, curbs or driveways to be improved or by 18 mailing a written notice to the owner of the property thereof at 19 his last known address as appears on the tax assessment rolls of 20 the County. Immediately upon mailing the notice, the property 21 shall be posted in a conspicious place. 22 B. The notice shall particularly specify what work is 23 required to be done, where standard construction drawings may be 24 obtained showing how it is to be done and what materials shall be 25 used in the construction and shall further specify that if a 26 permit is not obtained and the construction is not commenced 27 within sixty (60) days after notice is given and diligently and 28 PZ/dys/br November 6, 1989 6 ~.~ MC-69l 1 without interruption prosecuted to completion, the Director of 2 Public Works/City Engineer shall cause the construction to be 3 done, and the cost of the same shall be a lien on the property. 4 However, upon petition by all of the affected property owners, 5 the 60-day period may be waived and the Director of Public 6 Works/City Engineer may immediately cause the construction to be 7 done, and the cost of the same shall be a lien upon the property. 8 C. The notice shall specify the day, hour and place when 9 the Mayor and Common Council will hear objections or protests, if 10 any, which may be raised by any property owner or other 11 interested persons, but in no case shall such hearing be sooner 12 than ten (10) days after giving notice. Upon the day and hour 13 fixed for the hearing, the Mayor and Common Council shall hear 14 and pass upon objections or protests and their decision shall be 15 final and conclusive. 16 D. If the required improvements are not commenced and 17 prosecuted to completion with due diligence as required by the 18 notice, the Director of Public Works/City Engineer shall 19 forthwith make the required improvements. 20 12.92.070 Hearing and Assessment of Costs. 21 A. Upon the completion of the improvements, the Director 22 of Public Works/City Engineer shall cause notice of the cost of 23 the improvements to be given in the manner specified in 24 Subsection 12.92.060, except for posting, said notice shall 25 specify the day, hour and place when the Mayor and Common Council 26 will hear and pass upon a report by the Director of Public 27 Works/City Engineer of the cost of the improvements, together 28 PZ/dys/br November 6, 1989 7 JS;7 MC-691 10 1 with any objections or protests, if any, which may be raised by 2 any property owner liable to be assessed for the cost of such 3 improvements and any other interested persons. In no case shall 4 the hearing provided for in this section be sooner than ten (10) 5 days after giving of notice. 6 B. The cost of the improvements may include administrative 7 expenses required for the proper coordination and functioning of 8 the improvements in front of the parcel as determined by the 9 Mayor and Common Council. C. Upon the day and hour fixed for the hearing the Mayor 11 and Common Council shall hear and pass upon the report of the 12 Director of Public Works/City Engineer, together with any 13 objections or protests which may be raised by any of the property 14 owners liable to be assessed for such construction and any other 15 interested persons. Thereupon the Mayor and Common Council may 16 make such revision, correction or modifications in the report as 17 it may deem just, after which, by resolution, the report as 18 submitted, or as revised, corrected or modified, shall be 19 confirmed. The Mayor and Common Council may adjourn the hearings 20 from time to time. The decisions of the Mayor and Common Council 21 on all protests and objections which may be made, shall be final 22 and conclusive. 23 D. upon confirmation of the above report, the Mayor and 24 Common Council may order the notice of lien to be turned over to 25 the accounting officer of the City, whereupon it shall be the 26 duty of this officer to have the amount of the assessment added 27 to the next regular bill for taxes levied against the lot or 28 PZ/dys/br November 6, 1989 8 Ml:-6~l 1 parcel of land. If the City taxes are collected by the county 2 officials, the notice of lien shall be delivered to the County 3 auditor, who shall enter the amount thereof on the County 4 assessment book opposite the description of the particular 5 property and the amount shall be collected together with all 6 other taxes thereon against the property. The notice of lien 7 shall be delivered to the County auditor before the date fixed by 8 law for the delivery of the assessment book to the County board 10 12.92.080 Participation by City 9 of equalization. 11 Notwithstanding other provisions of this Chapter, Streets 12 and Highways Code Section 5611 or any other provision of law, the 14 13 City may pay 1/2 of the cost of repair of a sidewalk in the discretion of the Public Services Director. The Public Services 15 Director shall make such determination based on the cost of the 16 repair, the ability of the property owner to pay, and the 17 cooperation exhibited by the property owner. Such determination 18 shall be subject to appeal to the Mayor and Common Council 19 pursuant to Chapter 2.64 of this Code. 20 12.92.090 Limitation of Actions. 22 21 A. Time No action, suit, or proceeding to set aside, cancel, avoid, 23 annul or correct any assessment or reassessment, or to review any 24 of the proceedings, acts or determinations therein, or to 25 question the validity of, or to enjoin the collection of the 26 assessments or reassessments, or to enjoin the issuance of bonds 27 to represent the same, shall be maintained by any person unless 28 PZ/dys/br November 6, 1989 9 .. MC-691 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 \ such action is commenced within 30 days after the recording of the warrant, diagram and assessment or reassessment, and thereafter all persons shall be barred from any such action or any defense of invalidity of the assessment or of bonds issued thereon or of the reassessment if such is made and of bonds issued thereon. B. Property unlawfully dedicated or acquired. No proceedings taken or had under this division shall ever be held to be invalid on the ground that the street, right-of- way, public property or any portion thereof, upon which the work or any part thereof is or was done has not been lawfully dedicated or acquired; provided, the same is lawfully dedicated or acquired, or an order for possession prior to judgment has been obtained." I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a Regular meeting thereof, held on the 18th day of December, 1989, by the following vote, to wit: AYES: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller NAYS: None ABSENT: None ~0ff~~4/~~./ City Clerk PZ/dys/br November 6, 1989 10 .... MC-691 . , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , ' ORDINANCE. ..AMENDING CHAPTER 12.92 TO REQUIRE THE CONSTRUCTION AND MAINTENANCE OF SIDEWALKS AND CURBS AND TO PROVIDE PROCEDURES FOR ASSESSMENT OF COSTS INCURRED BY THE CITY. The foregoing ordinance is hereby approved this ~S?~ day of t:)P./'.?./J1~/{ ,1989. Approved as to form and legal content: JAMES F. PENMAN, City Attorney /\ By: Uti, h'" /i ( ! v " ~2 / iT' l~''"'' 'k!;.., ,...., PZ/dys/br November 6, 1989 11