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CITY OF SAfBEANAADINJt AEQW&ST NpOR'COUNCIL AC
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From:
ROGER G. HARDGRAVE
Subject:
Amendment of Chapter 12.92 0
San Bernardino Municipal C
Authorization for Chapter 27
Projects on Major Arterials
and Collectors
Dept:
Public Works
Date:
10-25-89
Synopsis of Previous Council action:
03-07-55 -- Ordinance MC-439 adopted to authorize the removal and
reconstruction of abandoned driveway approaches under
the provisions of Chapter 27 of the Streets and
Highways Code.
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Recommended motion:
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Adopt ordinance.
cc: Marshall Julian
Jim Richardson
Jim Penman
Contact person:
Verne Nadeau
Staff Report
and Ordini=ln~p
Phone:
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount: N I A
Source:
Acct. Descri tion
Finance:
.
Council Notes:
75-0262
Agenda Item No
CITY OF SAN BER.RDINO - REQUEST .R COUNCIL ACTION
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STAFF REPORT
Chapter 27 of the Street and Highways Code was amended in
1986 to limit the application of this statute to local streets.
This limitation severely restricts the benefits that can be
achieved under this program.
The proposed ordinance authorizes the provision of Chapter
27 to be applied to major and collector streets, in addition to
local streets. This ordinance will be adopted under our authority
as a Charter City.
One problem experienced with these proceedings is that a
portion of the property owners elect to install the stipulated
improvements, instead of allowing them to be done by the City.
Since the owners that elect to do the work are not assessed, the
incidental costs are spread over the remaining parties. This
process can result in some inordinately high assessments for
incidental costs. The proposed ordinance will authorize an
administrative cost to be assessed to the properties for which the
City does the work. This administrative cost is set at the amount
of the regular Public Works Construction Permit Fee for the im-
provements.
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The proposed ordinance also provides that only one notice
must be posted on the property, instead of two as prescribed in
Chapter 27.
We recommend that the proposed ordinance be adopted, in
order to allow greater flexibility in having improvements in-
stalled by property owners.
10-26-89
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15.0264
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ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
12.92 TO REQUIRE THE CONSTRUCTION AND MAINTENANCE OF SIDEWALKS
3 AND CURBS AND TO PROVIDE PROCEDURES FOR ASSESSMENT OF COSTS
INCURRED BY THE CITY.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6
SECTION 1.
Chapter 12.92 of the San Bernardino Municipal
7 Code is amended as follows:
8
"Chapter 12.92
Construction and Maintenance of Sidewalks,
CUrbs and Driveways
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10 12.92.010 Scope and Definitions.
11 A. This chapter shall apply to the maintenance, repair,
12 construction, reconstruction or removal of sidewalks, gutters,
13 pavements, driveways and curbs, the installation of storm and
14 sanitary drainage facilities, water mains, pipes, conduits,
.
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tunnels, hydrants, and other necessary works and appliances for
16 providing water service, parkway trees, and street lighting
17 facilities in front of properties in any block where a sidewalk,
18 gutter, pavement, driveway, the installation of storm and
19 sanitary .sewer drainage facilities, water mains, pipes, conduits,
20 tunnels, hydrants, and other necessary works and appliances for
21 providing water service, parkway trees, and street lighting
22 facilities, or curb, or all of them.
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B.
This chapter shall apply to property fronting on, or
24 otherwise adjacent to, or. in conjunction with any street,
25 arterial or collector street section.
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C.
This chapter shall apply to driveway construction,
27 reconstruction, or removal and curb infi11 in front of a vacant
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lot, unimproved property, or where an existing, driveway no
2 longer serves any development on a lot or property.
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Definitions.
D.
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As used in this Chapter:
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1.
Sidewalks or curbs includes gutters, driveways,
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pavement to the centerline of the street, full pavement in
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alleys, storm and sanitary drainage facilities, water
mains, pipes, conduits, tunnels, hydrants, and other
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
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sides of any alley between the next intersecting streets or
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
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
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street intersecting the side to be improved; or property
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
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work and any incidental or administrative expenses.
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6.
Superintendent of Streets means the Director of
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.
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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
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adjacent property and the street line is maintained as a park or
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parking strip, shall maintain any sidewalk and curb in such
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condition that the sidewalk and curb will not endanger persons or
2 property and maintain it in a condition which will not interfere
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with the public convenience in its use.
The 50% rule does not
4 apply to repair and maintenance.
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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
9 of Public Works/City Engineer shall notify the owners of the
10 property fronting on that portion of such sidewalk or curb so out
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
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public street or place when the street or place has been improved
.
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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.
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B.
When the Director of Public Works/City Engineer finds
27 that sidewalks or curbs have been constructed in front of
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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.
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A.
Note to construct, repair, maintain, remove or
reconstruct sidewalks, curbs or driveways may be given by
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 ~nown address as appears on the tax assessment rolls of
20
Immediately upon mailing the notice, the property
the County.
21 shall be posted in a conspicious place.
22
The notice shall particularly specify what work is
B.
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 permi t is not obtained and the construction is not commenced
27 within sixty (60) days after notice is given and diligently and
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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
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than ten (10) days after giving notice.
Upon the day and hour
13 fixed for the hearing, the Mayor and Common Council shall hear
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and pass upon objections or protests and their decision shall be
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final and conclusive.
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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
.
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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.
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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.
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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
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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
.
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If the City taxes are collected by the county
parcel of land.
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
The notice of lien
other taxes thereon against the property.
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
9 of equalization.
10 12.92.080 Participation by City
11 Notwithstanding other provisions of this Chapter, streets
12 and Highways Code Section 5611 or any other provision of law, the
13 Ci ty may pay 1/2 of the cost of repair of a sidewalk in the
14 discretion of the Public Services Director. The Public Services
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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.
21 A. Time
22 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 enj oin 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
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such action is commenced wi thin 30 days after the recording of
2 the warrant, diagram and assessment or reassessment, and
3 thereafter all persons shall be barred from any such action or
4 any defense of invalidity of the assessment or of bonds issued
5 thereon or of the reassessment if such is made and of bonds
6 issued thereon.
7
B. Property unlawfully dedicated or acquired.
8 No proceedings taken or had under this division shall ever
9 be held to be invalid on the ground that the street, right-of-
10 way, public property or any portion thereof, upon which the work
11 or any part thereof is or was done has not been lawfully
12 dedicated or acquired; provided, the same is lawfully dedicated
13 or acquired, or an order for possession prior to judgment has
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14 been obtained."
15
I HEREBY CERTIFY that the foregoing ordinance was duly
16 adopted by the Mayor and Common Council of the City of San
17 Bernardino at a meeting thereof, held on the
18 day of , 1989, by the following vote, to wit:
19 AYES: Council Members
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NAYS:
ABSENT:
City Clerk
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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.
2
3
The foregoing ordinance is hereby approved this
day
4
of
, 1989.
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8
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
9 and legal content:
10 JAMES F. PENMAN,
City Attorney
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By:
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