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HomeMy Public PortalAboutOrdinance 879ORDINANCE NO. 879 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ADDING CHAPTER 12.30 TO THE BEAUMONT MUNICIPAL CODE "MAINTENANCE AND REPAIR OF SIDEWALKS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Adoption. Chapter 12.30, entitled "Maintenance and Repair of Sidewalks", is hereby added to the Beaumont Municipal Code to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: Effective Date. This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 15th day of March, 2005, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Mayor Dressel, Council Members Berg, and Killough. Mayor Pro Tem Fox and Council Member DeForge. None. None. MOVED, PASSED AND ADOPTED this 5th day of April, 2005, upon second reading by the following roll call vote: AYES: Mayor NOES: Mayor Pro ABSTAIN: None. ABSENT: None. Dressel, Council Members Berg, and Killough. Tem Fox and Council Member DeForge. CITY OF BEAUMONT By 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 879 duly introduced at a regular meeting of the City Council of the City of Beaumont held on March 15, 2005, and was duly adopted upon a second reading on April 5, 2005, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT 2 Gc (� eputy City Sections: Section 12.30.010 Section 12.30.020 Section 12.30.030 Section 12.30.040 Section 12.30.050 Section 12.30.060 Section 12.30.070 Section 12.30.080 Section 12.30.090 Section 12.30.100 Section 12.30.110 Section 12.30.120 Section 12.30.130 Section 12.30.140 Section 12.30.150 CHAPTER 12.30 MAINTENANCE AND REPAIR OF SIDEWALKS Duty of Property Owners to Maintain Sidewalks. Liability for Injuries to the Public. Notice to Repair. Manner of Giving Notice. Mailing and Posting of Notice. Contents of Notice. Repair by the Director on Default of Property Owner. Notice of Hearing on Report. Filing of Report; Contents. Proceedings at Hearing; Decision of the City Council. Assessment of Costs Against Property; Time for Payment. Filing of Notice of Lien; Form and Contents. Operation and Effect of Recording Notice of Lien; Foreclos Altemative Method of Collection; Addition to Tax Bill. Time for Payment of Assessments. Section 12.30.010 Duty of Property Owners to Maintain Sidewalks. 3/3/05 The owners of lots or portions of lots adjacent to or fronting on any portion f a sidewalk area between the property line of the lots and the street line, including parking stri s, sidewalks, curbs and gutters, and persons in possession of such lots by virtue of any permit or 'ght, shall repair and maintain such sidewalk areas and pay the costs and expenses therefor. Section 12.30.020 Liability for Injuries to the Public. The persons required by Section 12.30.010 to maintain and repair the side area shall owe a duty to keep and maintain the sidewalk area in a safe and non -dangerous con ition. If, as a result of the failure of any property owner or person in possession of such propert to maintain the sidewalk area in a non -dangerous condition as required by Section 12.30.010, y person suffers injury or damage to person or property, the owner or occupier shall be liable to such person for the resulting damages or injury. Section 12.30.030 Notice to Repair. When any portion of the sidewalk area is out of repair or pending reconstruc ion and in condition to endanger persons or property or in condition to interfere with the publi convenience and the use of such sidewalk area, the Director of Public Works (also known as the Superintendent of Streets or "Director") shall notify the owner or person in possession of the property fronting on that portion of such sidewalk area so out of repair, to repair the sidewalk area. Section 12.30.040 Manner of Giving Notice. Notice to repair may be given by delivering a written Notice personally to the owner or to the person in possession of the property facing upon the sidewalk area so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of the City or the County of Riverside or to the name and address of the person owning such property as shown on the records of the office of the City Clerk. Section 12.30.050 Mailing and Posting of Notice. The postal card shall contain a notice to repair the sidewalk area so out of repair, and the Director shall, immediately upon the mailing of the Notice, cause a copy thereof printed on a card of not less than 8 inches x 10 inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed Notice on the property as provided in this section, the Director may, but not less than seven days nor more than ten days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked "Second Notice" to the person to whom the first postal card notice was addressed. The Second Notice shall otherwise contain the material required by this Chapter, but shall not extend the time for commencing repairs specified in Section 12.30.060. Section 12.30.060 Contents of Notice. The Notice shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the repair and shall further specify that if the repair is not commenced within two weeks after Notice is given and diligently and without interruption prosecuted to completion, the Director shall make such repair, and the cost of the same shall be a lien on the property. Section 12.30.070 Repair by the Director on Default of Property Owner. If the repair is not commenced and prosecuted to completion with due diligence, as required by the Notice, the Director shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll, or as shown in the records of the office of the City Clerk, the Director may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The Director shall have the power to prescribe the form of the written request. The cost of repair work done by request pursuant to this Section shall be a part of the cost of repairs for which, pursuant to this Chapter, subsequent notices are given, hearings are held and assessment and collection procedures are conducted. 2 Section 12.30.080 Notice of Hearing on Cost of Repair. Upon completion of the repair, the Director shall cause notice of the cost of the repair to be given in the manner specified in this Chapter for the giving of Notice to Repair, which notice shall specify the day, hour and place when the City Council will hear and pass upon a report by the Director of the cost of the repair, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. Section 12.30.090 Filing of Director's Report; Contents. Upon completion of the repair, the Director shall prepare and file with the City Council a report specifying the repairs which have been made, the cost of repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. Section 12.30.100 Proceedings at Hearing; Decision of the City Council. Upon the day and hours fixed for the hearing the City Council shall hear and pass upon the report of the Director, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the City Council may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The City Council may adjourn the hearings from time -to -time. The decisions of the City Council on all protests and objections which may be made shall be final and conclusive. Section 12.30.110 Assessment of Costs Against Property; Time for Payment. The cost of the repair may be assessed by the City Council against the parcel of property fronting upon the sidewalk upon which such repair was made, and such costs so assessed, if not paid within five days after its confirmation by the City Council, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof, which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record. Section 12.30.120 Filing of Notice of Lien; Form and Contents. The Director may file in the office of the County Record of the County of Riverside a certificate substantially in the following form: 3 NOTICE OF LIEN Pursuant to the authority vested in me by the Beaumont Municipal Code, Chapter 12.30 and Improvement Act of 1911, I did, on the day of , 2_, cause the sidewalk, curb or parking strip, bulkheads, retaining walls, or other works, as the case may be, in front of the real property hereinafter described, to be repaired and improved, and the City Council of the City of Beaumont did, on the day of , 2by Resolution No. assess the cost of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the City of Beaumont does hereby claim a lien on said real property in the sum of Dollars ($ ), and the same shall be a lien upon said real property until said sum, with interest at the rate of 6% per annum, from the date of the Resolution, has been paid in full and discharged of record. The affected real property is that certain piece or parcel of land lying and being in the City of Beaumont, County of Riverside, State of California, and described as follows: Assessor's Parcel No.: Street Address: Legal Description: Dated this day of , 2 CITY OF BEAUMONT By Director of Public Works Section 12.30.130 Operation and Effect of Recording Notice of Lien: Foreclosure. From and after the date of recording of the Notice of Lien, all persons shall be deemed to have had notice of the contents thereof. The Notice of Lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statue of limitation shall not run against the right of the City to enforce payment of the lien. If any such lien is not paid the City may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under the Improvement Act of 1911 (Streets and Highways Code, Section 5000 et seq.). 4 Section 12.30.140 Alternative Method of Collection: Addition to Tax Bill. As an alternative method of collection of the amount of the lien, the City Council, after confirmation of the report of the Director, may order the Notice of Lien to be turned over to the Riverside County Auditor, who shall enter the amount thereof on the County Assessment Book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The Notice of Lien shall be delivered to the Riverside County Auditor before the date fixed by law for the delivery of the Assessment Book to the Riverside County Board of Equalization. Section 12.30.150 Time for Payment of Assessments. The City Council may, in its discretion, determine that the payment of assessments of $100.00 or more may be made in annual installments, not to exceed five (5), and that the payment of assessment so deferred shall bear interest at 6% per year on the unpaid balance. Interest shall begin to run on the 31st day after the confirmation of the assessment by the City Council. In the event any installment is not paid when due, the entire balance of the assessment shall become due and payable and shall be collected either by way of a foreclosure action or added to the property tax bill. 5 TO: (TO BE TYPED ON CITY OF BEAUMONT LE 1 1 ERHEAD) NOTICE TO LANDOWNER TO REPAIR SIDEWALK Name Address You are herby notified that the following -described portion of sidewalk located at the address set forth below is in the state of disrepair and in such condition that it endangers persons and property and interferes with the public convenience in the use of such sidewalk. You are further notified that the following repairs to the sidewalk are required to be made: You are further notified that within three weeks after you have been given this notice, you have not commenced and are not proceeding with diligence and without interruption to complete such repairs, the City of Beaumont will undertake such repair work at your expense. You are further notified that in the event the City makes the repairs, the cost thereof shall be a lien upon your property. This Notice is given in accordance with Chapter 12.30 of the Beaumont Municipal Code. Description of sidewalk to be repaired: Address of property where sidewalk is located: CITY OF BEAUMONT Dated: By Director of Public Works