HomeMy WebLinkAboutOrdinance 342 CERTIFICATION
1, Marcia M. Torgersou, City Clerk of the City of Atascadero, hereby certify
that the foregoing is the true and correct original of Ordinance No. 342 adopted by
the Atascadero City Council at a regular meeting thereof held on February 10,
1998 and that it has been duly published pursuant to State Law.
DATED: 02
Marcia M. Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 342
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
SIDEWALK AND STREET EDGE MAINTENANCE
AND IMPROVEMENT ORDINANCE
SECTION 1. Purpose.
The provisions codified in this chapter are adopted to implement and supplement the
Streets and Highways Code as it exists as of the adoption of the ordinance from which this
section derives and as it may be amended from time to time.
SECTION 2. Applicability.
Except as specifically excluded by the Streets and Highways Code, or this chapter, the
provisions of this chapter shall apply to any work on streets and sidewalks within the public
right of way within the incorporated area of the city.
SECTION 3. Definitions.
Whenever any words or phrases used in this chapter are not defined in this section but are
defined in the Streets and Highways Code such definitions are incorporated in this chapter
and shall apply as though set forth in full in this chapter. The following words and phrases
shall have the meanings respectively ascribed to them:
(a) "Any single lot or parcel of land" means any lot or parcel of property or any
group of contiguous lots or parcels of real property which serve one residence or one
business or industrial establishment, regardless of the fact that the several lots or parcels
are owned by, or under lease to, different persons.
(b) "City Public Works Department Standard Specifications and Drawings" means
the city's standard plans and specifications that are on file in the office of the Director of
Public Works and are used for construction of such items including but not limited to
concrete curbs, gutters, driveways and sidewalks, street paving, streetlights, water,
storm drains and sewer lines and tree wells. Periodic revisions are made on these
Standard Specifications and Drawings from time to time as the need arises and copies are
available for purchase from the office of the Director of Public Works.
(c) "Permit means the encroachment permit required for construction or
reconstruction of public improvements and/or encroachment work authorized by the
Atascadero Municipal Code. "Public improvements" includes but is not necessarily limited
to concrete curbs, gutters, driveways and sidewalks, street paving, street lights, storm
drains, and sewer lines and tree wells. Provisions of the encroachment ordinance provide
for fees contained therein.
(d) "Streets and Highways Code" means the provisions of the California Streets
and Highways Code, Division Seven, and such amendments and additions as may have
been made to those provisions.
(e) "Width of Driveway" means the width of such driveway at the top of the curb
and not the width of such driveway at street or gutter level.
CITY OF ATASCADAERO
ORDINANCE NO. 342
PAGE 2
SECTION 4. Maintenance of Sidewalk and Streetedge Maintenance by Abutting Owners.
The owners of lots or portions of Lots fronting on any portion of a public street or place,
when the street or place is improved, shall maintain all items including but not limited to
trees, sidewalks, parkways, curbs and gutters and driveways located in public rights of way
in a condition that will not endanger persons or property or will not interfere with the public
convenience in the use of those works pursuant to this chapter and Chapter 22, of Part 3,
Division 7 of the Streets and Highways Code.
SECTION 5.
5.01. Notice to Repair.
When any portion of a sidewalk is out of repair or pending reconstruction and in
condition to endanger persons or property or in condition to interfere with the public
convenience is hereby declared a nuisance as defined in Atascadero Municipal Code
section 9-8.106. The superintendent of streets may notify the owner or person in
possession of the property fronting on that portion of such sidewalk to repair the sidewalk
according to the city's Standard Specifications and Drawings.
5.02. Service of Notice.
Notice to repair any portion of a sidewalk may be given by delivering a written notice
personally to the owner or to the person in possession of the property 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/her last known address as the same appears on the last equalized
assessment rolls in the records of the county clerk.
5.03. Posting of Notice.
The postal card shall contain a notice to repair the property out of repair, and the
superintendent of streets shall immediately upon the mailing of the notice, cause a copy
of it printed on a card not less than eight (8) inches by ten (10) inches in size to be posted
in a conspicuous place on the property.
5.04. Contents of Notice.
The notice shall specify: 1)what work is required to be done; 2) how it is to be done;
3) what materials shall be used in the repair and shall further specify; 4) that if the repair
is not diligently and without interruption prosecuted to completion, the superintendent of
streets shall make such repair, and the cost shall be an obligation of abutting property
owners so notified and such cost may be a lien on the property. In lieu of posting a copy
of the mailed notice on the property, the superintendent of streets may, not less than seven
(7) days nor more than ten (10) after 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 was addressed. The second notice shall contain the material required
by this ordinance, but shall not extend the time for commencing repairs.
CITY OF ATASCADAERO
ORDINANCE NO. 342
PAGE 3
SECTION S. Repair by Street Superintendent.
If the repair is not commenced and prosecuted to completion with due diligence, as
required by the notice, the superintendent of streets may forthwith repair the sidewalk.
Upon the written request of the owner of the property facing the sidewalk or the private
roadway so out of repair, as ascertained from the last equalized assessment role of the
city, or as shown in the records of the office of the clerk, the superintendent may repair any
other portion of the sidewalk fronting on the property that is designated by the owner. The
superintendent shall have the power to prescribe the form of the written request. The cost
of the 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 held
and assessment and collection procedures are conducted.
SECTION 7. Notice, Report, and Hearing.
7.01. Upon the completion of repair, the superintendent of streets shall cause
notice of the cost of repair to be given in the manner specified in this ordinance for the
giving of the first notice to repair, which notice shall specify the day, hour and place where
the City Council shall hear and pass upon a report by the superintendent of streets of the
cost of 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 repair and any other interested person.
7.02. Upon the completion of repair, the superintendent of streets shall prepare
and file with the City Clerk a report specifying the repairs which have been made, the cost
of the repairs, a description of the real property or properties in front of which 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.
7.03. Upon the day and hour fixed for the hearing, the City Council shall hear and
pass upon the report of the superintendent of streets, 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. There upon 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 reports, protests and objections that may be made
shall be final and conclusive.
SECTION 8. Assessment, Notice of Lien, Recordation.
8.01. The cost of repair may be assessed by the City Council against the parcel or
parcels of property fronting upon the sidewalk upon which such repair was made. Such
cost so assessed, if not paid within five (5) 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.
CITY OF ATASCADAERO
ORDINANCE NO. 342
PAGE 4
8.02. The superintendent of streets may file in the office of the county recorder of
San Luis Obispo County, a certificate in the form prescribed by Streets and Highways
Code Section 5626 as it exists today, or as modified in the future. Alternatively the
superintendent may pursue recovery of the assessed costs, which are hereby declared a
personal obligation of the abutting owner, in a civil court of competent jurisdiction.
8.03. From and after the date of the 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.
SECTION 9. Collection With Regular Taxes.
As an alternative method of collection of the amount of the lien, the City Council, after
confirmation of the report of the superintendent of streets, may order the Notice of Lien to
be turned over to the assessor and the tax collector, where upon it shall be the duty of
those officers to add the amount of the assessment to the next regular bill for taxes levied
against the lot or parcel of land. The Notice of Lien shall be delivered to the county auditor
before the date fixed by law for the delivery of the assessment book to the county Board
of Equalization.
SECTION 10. Alternative Procedure.
This chapter constitutes a separate and alternate procedure for performing the work
specified herein. It is not the exclusive method of the city to require repairs or for collection
of the cost of those repairs. The enforcement officer may, at the request of the
superintendent of streets, initiate and complete proceedings to abate such nuisances as
provided for in Municipal Code section 9-8.107.
SECTION 11. Severability.
The city of Atascadero intends that each provision of this ordinance be severable from the
other. If any section, subsection, paragraph, sentence, clause, phrase or word of this
ordinance is declared unconstitutional or void by a court of competent jurisdiction, the
voided part is severable and this City Council would have adopted the remainder of this
ordinance without the voided part, and the remainder shall be in full force and effect.
SECTION 12. Criminal Penalties and Additional Legal Relief.
12.01. It is unlawful for any person to fail or refuse to comply with a notice of
repair sent by the superintendent of streets. Any person who fails to comply with the notice
and finish repairs within sixty (60) days of the mailing of a first notice to repair is guilty of
a misdemeanor and may be punished by a fine not to exceed Five Hundred Dollars
($500.00) or by imprisonment not to exceed Sixty (60) days in the county jail, or both, in
the discretion of the court.
CITY OF ATASCADAERO
ORDINANCE NO. 342
PAGE 5
12.02 Nothing herein shall prevail or restrict the city from taking such other lawful
action as is necessary to prevent or remedy any violation or non-compliance. Such other
lawful actions shall include, but not be limited to, an action for injunctive relief or an action
at law for damages. All remedies and penalties provided for in this ordinance are
cumulative and independently available to the city and the city shall be authorized to
pursue any and all remedies set forth in this Ordinance to the full extent allowed by law.
ADOPTED AND APPROVED this 10th day of February, 1998.
r 9 ,
Harold L. Cifdddii, III, Mayor
ATTEST:
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Marcia M. Torger son, City Cle
APPROVED AS TO FORM:
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R(YT Hanley, Attor ey