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.
(Ord. 342 § 1, 1998)
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.
(Ord. 342 § 2, 1998)
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:
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.
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.
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.
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.
means the width of such driveway at the top of the curb and
not the width of such driveway at street or gutter level.
(Ord. 342 § 3, 1998)
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.
(Ord. 342 § 4, 1998)
(a)
Notice to Repair. When any portion of a street or sidewalk is out of repair, obstructed 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 City Engineer or duly authorized representative 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.
(b)
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 or her last known address as the same
appears on the last equalized assessment rolls in the records of the
County Clerk.
(c)
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 inches by 10 inches in size to be posted in a
conspicuous place on the property.
(d)
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 Public Works Department
may, not less than seven days nor more than 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 chapter, but shall not extend the time for commencing repairs.
(Ord. 342 § 5, 1998; Ord. 575 § 1, 2013)
If the repair is not commenced and prosecuted to completion
with due diligence, as required by the notice, the Public Works Department
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 roll
of the City, or as shown in the records of the office of the Clerk,
the Public Works Department may repair any other portion of the sidewalk
fronting on the property that is designated by the owner. The Public
Works Director 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.
(Ord. 342 § 6, 1998; Ord. 575 § 1, 2013)
(a)
Upon
the completion of repair, the City Engineer or duly authorized representative
shall cause notice of the cost of repair to be given in the manner
specified in this chapter 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 Public Works Department
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.
(b)
Upon
the completion of repair, the City Engineer or duly authorized representative
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.
(c)
Upon
the day and hour fixed for the hearing, the City Council shall hear
and pass upon the report of the City Engineer or duly authorized representative,
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 reports, protests and objections that may
be made shall be final and conclusive.
(Ord. 342 § 7, 1998; Ord. 575 § 1, 2013)
(a)
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 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.
(b)
The
City Engineer or duly authorized representative 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 City
Engineer or duly authorized representative may pursue recovery of
the assessed costs, which are declared a personal obligation of the
abutting owner, in a civil court of competent jurisdiction.
(c)
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.
(Ord. 342 § 8, 1998; Ord. 575 § 1, 2013)
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.
(Ord. 342 § 9, 1998)
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 City Engineer or duly authorized representative, initiate and complete proceedings to abate such nuisances as provided for in Municipal Code Section 9-8.107.
(Ord. 342 § 10, 1998; Ord. 575 § 1, 2013)
(a)
It
is unlawful for any person to fail or refuse to comply with a notice
of repair sent by the City Engineer or duly authorized representative.
Any person who fails to comply with the notice and finish repairs
within 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 $500
or by imprisonment not to exceed 60 days in the County Jail, or both,
in the discretion of the court.
(b)
Nothing
herein shall prevail or restrict the City from taking such other lawful
action as is necessary to prevent or remedy any violation or noncompliance.
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 chapter are cumulative
and independently available to the City and the City shall be authorized
to pursue any and all remedies set forth in this chapter to the full
extent allowed by law.
(Ord. 342 § 12, 1998; Ord. 575 § 1, 2013)
