For the purposes of this chapter certain words and phrases are defined and certain provisions shall be construed as herein set forth unless it is apparent from the context that a different meaning is intended.
(Prior code § 7400; amended by Ord. No. 239CCS, adopted 2/13/51)
"Driveway apron" shall be that portion of a curb, parkway or sidewalk which has been depressed below the level of the adjoining curb sidewalk or parkway for the purpose of providing vehicular access from the street across said curb, parkway and sidewalk to the property fronting thereon or abutting thereto.
(Prior code § 7400A; amended by Ord. No. 239CCS, adopted 2/13/51)
"Parkway" shall mean all that area exclusive of sidewalk lying between a property line and any curb.
(Prior code § 7400B; amended by Ord. No. 239CCS, adopted 2/13/51)
"Sidewalk" shall mean any paved, graveled or asphalted surface ordinarily used for pedestrian travel and lying between the property line of any property and the curbing.
(Prior code § 7400C; amended by Ord. No. 239CCS, adopted 2/13/51)
When there is constructed, erected or maintained any building or any fence, post or other barrier or structure on any property in such a manner as to preclude the use of any driveway, access to which driveway is by means of a driveway apron, to such an extent that such driveway cannot be used for the parking thereon of at least one standard-sized passenger automobile and said driveway apron does not provide vehicular access to said premises or any structure located thereon, said driveway apron shall be presumed to be abandoned.
(Prior code § 7401; amended by Ord. No. 239CCS, adopted 2/13/51)
When any driveway apron is presumed to be abandoned pursuant to the provisions of Section 7.24.050, the City shall notify, in the manner provided in this Chapter, the owner or person in possession of the property fronting upon or abutting said driveway apron to remove said driveway apron and restore or install curbing, parkway and sidewalk in conformity with the curbing, parkway, and sidewalk adjoining such abandoned driveway apron.
(Prior code § 7402; amended by Ord. No. 1073CCS, adopted 12/13/77)
The notice to repair shall describe the work to be done, designating the materials to be used and specify the manner in which said work shall be done and shall be substantially in the following form:
NOTICE TO REPAIR
The owner of the property described as __________, commonly known as __________, hereby is ordered to restore or install curb, parkway and sidewalk in front of or abutting said property in accordance with Specification No. - - - - - on file in the office of the City Engineer of the City of Santa Monica and all provisions of the Santa Monica Municipal Code pertaining thereto by removing the driveway apron located in front of or abutting said property and restoring or installing in said location now occupied by said driveway apron, curbing, parkway and sidewalk in conformity with curbing, parkway and sidewalk adjoining said driveway apron and in accordance with said Specification No. _____. Said work shall be completed within 20 days from the date of this notice unless the time so to complete said work is extended by the Street Superintendent. If the work indicated is not finished within the time specified herein or any extension granted by the Street Superintendent, the Street Superintendent will cause the work to be done or completed and the cost thereof including any incidental expense will be made a lien upon said property pursuant to Section 7.24.140 of the Santa Monica Municipal Code.
Estimated cost of repair $__________
DATED __________
_________________________________
Street Superintendent of the
City of Santa Monica
(Prior code § 7403; amended by Ord. No. 239CCS, adopted 2/13/51)
Said notice to restore or install shall be mailed to the person in possession of the parcel of property fronting on such abandoned driveway apron or the owner thereof at his or her last known address as the same appears on the last equalized assessment rolls of the City or as may be known to the City Clerk.
(Prior code § 7404; amended by Ord. No. 239CCS, adopted 2/13/51)
The owner or person in possession of such parcel of property may appeal to the City Manager of City and show cause why said driveway apron should not be abandoned. Such appeal shall be in writing and shall be filed with the City Manager within ten days after the date of said notice and such appeal shall be heard by the City Manager within twenty days after the date of said notice; provided, however, that the City Manager or authorized representative may continue the hearing from time to time. Prior to any such hearing the City Manager shall notify the person appealing by written notice in the manner provided in Section 7.24.080. At the time set for hearing by the City Manager he or she shall determine whether the person appealing has overcome the presumption raised by Section 7401, and his or her determination thereon shall be final and conclusive.
(Prior code § 7405; amended by Ord. No. 249CCS, adopted 6/26/51)
Unless the restoration or installation required in said notice shall be completed by said owner within twenty days from the date of said notice or in case of an appeal to the City Manager within twenty days from the date of the determination of the appeal by the City Manager, unless such appeal be sustained, the Street Superintendent forthwith shall cause the work to be done.
(Prior code § 7406; amended by Ord. No. 249CCS, adopted 6/26/51)
If the restoration or installation is done or caused to be done by the Street Superintendent he or she shall cause notice of the cost thereof, upon completion of same, to be given in the manner specified in this Chapter for the giving of notice to restore or install, which notice shall specify the day, hour and place when the City Council will hear and pass upon report by the Street Superintendent the cost of restoration or installation together with any objects or protests, if any, which may be raised by the property owner liable to be assessed for the cost of such work and any other interested person.
(Prior code § 7407; amended by Ord. No. 239CCS, adopted 2/13/51)
Upon the completion of the restoration or installation the Street Superintendent shall prepare and file with the Council a report specifying the work which has been done, the cost thereof, a description of the real property in front of which the work has been done, and the assessment against the lot or parcel of land proposed to be levied to pay the cost thereof.
(Prior code § 7408; added by Ord. No. 239CCS, adopted 2/13/51)
Upon the day and hour fixed for the hearing the City Council shall hear and pass upon the report of the Street Superintendent together with any objections or protests to the cost of said work. Thereupon the City Council may make such revision, correction or modification in the report as it may deem just, after which the report, as submitted or revised, shall be confirmed by motion. The decisions of the City Council on all protests and objections which may be made, shall be final and conclusive.
(Prior code § 7409; added by Ord. No. 239CCS, adopted 2/13/51)
The cost of the restoration or installation may be assessed by the Council against the lot or parcel of the property abutting or fronting upon the driveway apron so removed and such cost so assessed if not paid within ten days after its confirmation by the Council shall constitute a special assessment against that lot or parcel of land 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.
(Prior code § 7410; added by Ord. No. 239CCS, adopted 2/13/51)
The Street Superintendent shall deliver to the County Auditor a notice of lien substantially in the following form, to wit:
NOTICE OF LIEN
Pursuant to the authority vested in me by Chapter 7.24 of Article 7 of the Santa Monica Municipal Code, I did on the __________ day of __________, 20__ cause the driveway apron in front of the real property hereinafter described to be removed and the space occupied by it restored by installing in such space, sidewalk and curbing in conformity with the sidewalk and curbing adjoining said driveway apron and causing the parkway area thereof to be conformed with the parkway adjoining said driveway apron and the City Council of the City of Santa Monica did on the __________day of __________, 20__, by motion assess the cost of such work upon the real property hereinafter described and the same nor any part thereof has been paid and the said city hereby does claim a lien on said real property in the sum of $_____and the same shall be a lien upon said real property until the said sum with interest at the rate of 6 percent per annum from the _____ day of __________, 20__, (date of confirmation of assessment) has been paid in full and discharged of record, and said sum shall be collected in the same manner and at the same time as are the taxes for said City on said real property and subject to the same penalties and procedures to foreclose.
The real property herein mentioned and upon which a lien is claimed is that certain piece or parcel of land in the City of Santa Monica, County of Los Angeles, State of California, and particularly described as follows: to-wit:
(Description of property)
DATED this _____day of _____, 20_____.
__________________
Street Superintendent
(Prior code § 7411; added by Ord. No. 239CCS, adopted 2/13/51)