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HomeMy WebLinkAbout34-City Attorney II 'J . , 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. //~/J 0 ~/. ' ,-~.?- Signature Contact person: Joanne Fenton Phone: 5162 Supporting data attached: Yes. Ward: FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: 75.0262 """do ",m NOI'~ " > . 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 75-0264 J,J ., . o o o o 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. . () 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 Ll" I o o o 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. . 0 . 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 "..,L I' o o o 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 . o 24 28 o 1 IIII o o 2 of The foregoing ordinance is hereby approved this , 1985. day 3 4 5 6 Approved as to form: 7 /(~~~ City Attorney 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 Mayor of the City of San Bernardino -3-