This chapter shall be known and may be cited as the "City of
Napa Sidewalk Maintenance Procedure Code," and shall be referred to
herein as the "code."
(O96-004)
This code is adopted pursuant to Section 1-2(D) of Article I of the Charter of the City of Napa. In proceedings had pursuant to this code which are a municipal affair, any general laws referred to in this code are deemed a part of this code.
In the event that any proceeding had pursuant to this code shall
be adjudged a matter of statewide concern, it is declared to be the
intention that the proceedings were had pursuant to any applicable
general law or laws.
This code provides an alternative method of financing certain
public and private capital facilities and municipal services. The
provisions of this code shall not affect or limit any other provisions
of law authorizing or providing for the furnishing of facilities or
services, or the raising of revenue for these purposes. The city may
use the provisions of this code instead of or in conjunction with
any other method of financing part of all of the cost of providing
the authorized kinds of public and private capital facilities and
municipal services.
(O96-004)
Any provision in this code which conflicts with any general
law or act shall prevail over the other such provision in connection
with any proceedings taken pursuant to this code.
In the event any portion of this code shall be declared illegal,
unenforceable, or unconstitutional, such provision shall be deemed
severable from the rest of the provisions of this code, which shall
independently and as severed remain fully valid and operative and
of full force and effect.
(O96-004)
The City Council may take any actions or make any determinations
which it determines are necessary or convenient to carry out the purposes
of this code and which are not otherwise prohibited by law.
(O96-004)
The purpose and intent of this code is to establish a method whereby the improvements described in Section 3.34.140 hereof may be constructed, installed and/or maintained, and whereby the costs thereof may be assessed to property which is receiving special benefit therefrom; and to establish a procedure whereby such assessments may be collected.
(O96-004)
Any proceedings taken or assessment levied pursuant to this
code shall not be held invalid for failure to comply with the provisions
of this chapter provided such failure is not a constitutional defect.
(O96-004)
Any procedure not expressly set forth in this chapter but deemed
necessary or convenient to carry out any of its purposes is authorized.
(O96-004)
The remedies provided in this chapter for the enforcement of
any assessment levied pursuant to this chapter are not exclusive,
and additional remedies may be provided at any time.
(O96-004)
Proceedings under this chapter may be abandoned at any time
prior to the confirmation of the assessments.
(O96-004)
This code does not affect other law relating to the same or
any similar subject, but provides an alternative authority and procedure
for the subject to which it relates. When proceeding under this code,
its provisions only need be followed.
(O96-004)
This code is to be liberally construed.
(O96-004)
Incorporation of the Landscaping and Lighting Act of 1972. The
Landscaping and Lighting Act of 1972 (Part 2 commencing with Section
22500, of Division 15 of the California Streets and Highways Code),
as amended from time to time, is incorporated in and made a part of
this code. Except as otherwise provided by this code, the mode and
manner for making improvements and for levying and collecting assessments
shall be as prescribed in the Landscaping and Lighting Act of 1972:
provided, however, that for the purposes of the formation of any district
hereunder, notice of hearing shall be by: (a) mailed notice, sent
first class mail and deposited postage prepaid, in the United States
mail and shall be deemed given when so deposited, which notices shall
be mailed to those persons whose names appear on the last equalized
county assessment roll or the State Board of Equalization assessment
rolls, as they may be, and said mailing shall be completed not less
than 15 days before the date established for the hearing for formation;
and (b) by publication, one time, in a newspaper of general circulation
within the boundaries of the assessment district, which publication
shall occur not less than 10 days before the date established for
the hearing on formation.
(O96-004)
The boundaries of any district created pursuant to this code
may be altered from time to time in the manner provided in the Landscaping
and Lighting Act of 1972 or as otherwise may be provided by the Council
in the resolution initiating proceedings for any such alteration.
(O96-004)
A.
For
all purposes under this code, the term "improvement" shall include,
but shall not be limited to, the removal, replacement, maintenance
and/or servicing of any sidewalks, curbs and gutters, including tree
removal and replacement and appurtenant wheel chair ramps, drainage
facilities, and street pavement, incidental to sidewalk repairs and
maintenance.
B.
For
all purposes under this code, the term "incidental expenses" shall
include all items listed in Section 22526 of the Landscaping and Lighting
Act of 1972 and also all costs and expenses incurred in connection
with the administration of a district created pursuant to this code
or with the enforcement of the duty of a property owner pursuant to
this code to maintain or repair any improvement, including, but not
limited to, compensation of any attorney and/or consultant employed
to render services in connection with such district or such enforcement
proceedings.
C.
For all purposes under this code, "maintain or maintenance" shall include all items listed in Section 22531 of the Landscaping and Lighting Act of 1972, together with maintenance of the improvements in subsection A, without limitation, by dredging, desiltation, and the removal or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment.
(O96-004)
For purposes of this procedure, the assessment diagram shall
be sufficient if it contains a listing of all the parcels to be assessed
identified only by their respective County Assessor Parcel Numbers.
(O96-004)
The city may, by resolution, determine that the estimated cost
of any of the improvements authorized pursuant to this code is greater
than can be conveniently raised from the single assessment and order
that the estimated cost shall be raised by an assessment levied and
collected in installments over such period of time as may be set forth
in that resolution. Assessments may be collected upon the county tax
roll or in any other suitable manner prescribed by resolution of the
Council adopted in the proceedings.
(O96-004)
The annual assessment shall be restricted to taxable real property
in the district, except as expressly provided in the resolution of
intention. The Council may provide, in the resolution of intention,
for relief from current assessment payments by senior citizens, persons
and families of low-income or other classes of persons reasonably
entitled, in the judgment of the Council, to such relief, by deferred
payment until such time as the property is sold to persons not within
the protected class, or otherwise.
(O96-004)
The validity of any initial assessment levied under this code shall not be contested in any action or proceedings, unless the action or proceeding is commenced within 30 days after the assessment is levied. The validity of any assessment levied after the initial assessment may be contested only for the purpose of challenging the accuracy of computation of the component elements of the assessment formula or the validity of any change in the assessment formula made pursuant to Section 3.34.170. Any appeal from a final judgment in the action or proceeding shall be perfected within 30 days after the entry of judgment.
(O96-004)
The Council may provide by separate resolution such appeals procedures as it may deem appropriate to facilitate the levy and enforcement of the assessments. Such procedures may provide for the appeal of confirmed assessments to the Director of Public Works or other official of the city responsible for the enforcement of the assessments and grounds upon and times within such appeals must be made. There shall be no appeal from the decision of the appointed official and the perfection of such an appeal shall be a precondition to maintaining any action under Section 3.34.180 hereof.
(O96-004)
