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HomeMy WebLinkAbout41-Public Works ciTY OF .SAN BERIQRDINJI REQU~S;' N~R'COUNCIL ACTION From: ROGER G. HARDGRAVE , . Amendment of Chapter 12.92 of Subject. S~n Bernardino Municipal Code - 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. " r~ rr\ u."" ''''!. o ,~ .--, -' 1 ~ \"....) c-:, _1 :IS -::;\:. -l S Recommended motion: J,.;- ~1 -J Adopt ordinance. cc: Marshall Julian Jim Richardson Jim Penman Contact person: Verne Nadeau Staff Report and Ordinancp- Phone: E;"l?R Supporting data attached: Ward: ?i'l FUNDING REQUIREMENTS: Amount: N I A Source: (Ace!, No.! (Acct, DescriDtionl Finance: Council Notes: 75-0262 Agenda Item NoJ I "ciTY OF SAN BERrQRDINO - REQUEST ~R COUNCIL ACTION ,. STAFF REPORT Chapter 27 of the Street and Highways Code was amended in 19B6 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 prOV1S1on 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. The proposed ordinance also provides that only one notice must be posted on the property, instead of two as prescribed in Chapter 27. We recollllllend that ,the proposed ordinance be adopted, in order to allow greater flexibility in having improvements in- stalled by property owners. 10-26-89 75-0264 " o o 1 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 9 "Chapter 12.92 Construction and Maintenance of Sidewalks, CUrbs and Driveways 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, 15 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. 23 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. 26 C. This chapter shall apply to driveway construction, 27 reconstruction, or removal and curb infill in front of a vacant 28 PZ/dys/br November 6, 1989 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 1 lo,t , unimproved property, or where an existing driveway no 2 longer serves any development on a lot or property. 3 4 D. Definitions. As used in this Chapter: 5 1. Sidewalks or curbs includes gutters, driveways, 6 7 8 9 pavement to the centerline of the street, full pavement in 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 PZ/dys/br November 6, 1989 2 " 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 1 sides of any alley between the next intersecting streets or alleys, or between the terminus of an alley and an 2 3 4 5 6 7 8 9 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 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 PZ/dys/br November 6, 1989 3 o o 1 work and any incidental or administrative expenses. 2 Superintendent of Streets means the Director of 6. 3 Public Works/City Engineer of the City of San Bernardino or his designee. 4 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 '1'0 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 '1'0 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 o o 1 cond~t~on that the s~dewalk and curb w~ll not endanger persons or 2 property and ma~nta~n ~t ~n a cond~t~on wh~ch w~ll not ~nterfere 3 w~th the publ~c conven~ence ~n ~ts use. The 50% rule does not 4 apply to repa~r and ma~ntenance. 5 B. When the D~rector of Publ~c Works/City Eng~neer f~nds 6 any s~dewalks or curbs out of repa~r or pend~ng reconstruct~on 7 and ~n cond~t~on to endanger persons or property or ~n cond~t~on 8 to ~nterfere w~th the publ~c conven~ence ~n ~ts use, the D~rector 9 of Publ~c Works/C~ty Eng~neer shall not~fy the owners of the 10 property front~ng on that port~on of such s~dewa1k or curb so out 11 of repa~r, to repa~r the s~dewalk or curb. 12 12.92.050 Duty To Construct. 13 A. The owners of lots or port~ons of lots front~ng on any 14 publ~c street or place when the street or place has been ~mproyed 15 by the construct~on of s~dewalks or curbs for a total frontage of 16 more than f~fty percent (50%) on one s~de of such street or place 17 ~n any block, or where a pet~t~on s~gned by the owners of more 18 than s~xty percent (60%) of the front footage of any part of an 19 un~mproved port~on or port~ons of a block has been f~led w~th the 20 c~ty clerk request~ng the ~nstallat~on of such ~mprovements ~n 21 front of sa~d part, or whenever the c~ty upon ~ts own mot~on 22 orders the ~nstal1at~on of such ~mprovements ~n front of said 23 part, shall have the duty of construct~ng or caus~ng the 24 construct~on of s~dewa1ks or curbs ~n front of the~r propert~es 25 upon not~ce so to do by the c~ty. 26 B. When the D~rector of Pub1~c Works/C~ty Eng~neer f~nds 27 that s~dewa1ks or curbs have been constructed ~n front of 28 PZ/dys/br November 6, 1989 5 o o 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 20 19 his last known address as appears on the tax assessment rolls of the County. Immediately upon mailing the notice, the property 22 21 shall be posted in a conspicious place. 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 o o 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 o o 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. 10 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 1 2 0 0 parcel of land. If the City taxes are collected by the county officials, the notice of lien shall be delivered to the County auditor, who shall enter the amount thereof on the County 3 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 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 City may pay 1/2 of the cost of repair of a sidewalk in the 14 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. 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 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 JIll o o 1 such action is commenced within 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 sarne is lawfully dedicated 13 or acquired, or an order for possession prior to judgment has 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 20 21 22 23 24 25 26 27 28 NAYS: ABSENT: City Clerk PZ/dys/br November 6, 1989 10 - o o 1 ORDINANCE...AMENDING CHAPTER 12.92 TO REQUIRE THE CONSTRUCTION AND MAINTENANCE OF SIDEWALKS AND CURBS AND TO PROVIDE PROCEDURES 2 FOR ASSESSMENT OF COSTS INCURRED BY THE CITY. 3 4 5 6 The foregoing ordinance is hereby approved this day of , 1989. 7 W. R. Holcomb, Mayor City of San Bernardino 8 Approved as to form 9 and legal content: 10 JAMES F. PENMAN, City Attorney 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: ~ ' 1....~ 1/ J " '2./ ?C~"""""--. PZ/dys/br November 6, 1989 11