For purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:
"City"
means the city of La Cañada Flintridge.
"City engineer"
means the city engineer of the city of La Cañada Flintridge.
"Curb"
means the raised edging along any public road, boulevard, street, avenue, lane or alley and includes the contiguous public gutter or channel for carrying off surface water.
"Property owner"
means any individual, firm, corporation, non-profit organization, collective, entity, or the agent or representative of any individual, firm, corporation, non-profit organization, collective or entity, holding ownership, title and/or property interest (including, but not limited to, tenancy interests) in private property.
"Repair"
includes the fixing, reconstruction, replacement, or restoration of any improvement in the public right-of-way or on private property.
"Sidewalk"
includes the public parkway or the public parkway strip maintained in the area between the property line and the curb line, and also includes a driveway approach, curbing, bulkhead, retaining wall or other works for the protection of any public sidewalk or any such parkway or parkway strip located in any public street, way or thoroughfare within the city.
Words used in the plural include the singular and those used in the singular include the plural.
(Ord. 373 § 2, 2008)
Whenever any sidewalk, curb, gutter, driveway, abandoned driveway, driveway apron, or any public improvement constructed on or within the sidewalk area of any public right-of-way shall be in need of repair, or in a condition so as to endanger persons or individuals passing thereon or to interfere with public convenience in the use thereof, including damage caused by or resulting from city-owned or privately-owned tree or tree roots, it shall be the duty and responsibility of the abutting property owner to repair said sidewalk, curb, gutter, driveway, abandoned driveway, driveway apron or other public improvement. A permit approved by the director of public works shall be required for property owner repairs.
(Ord. 373 § 2, 2008)
It shall be the duty and responsibility of the property owner to repair any and all of the property owner's improvements whether located upon private property or upon the public right-of-way including, without limitation, walls, fences, pillars, gates, mail boxes, lighting, or irrigation systems, as a result of damage from whatever reason, including, without limitation, damage caused by or resulting from city-owned trees or tree roots.
(Ord. 373 § 2, 2008)
The city shall not have the duty, responsibility, obligation nor liability to repair any of property owner's improvements on or within the sidewalk area of the public right-of-way, or on or within private property, as a result of damage from or caused by city-owned or privately-owned tree roots. It shall be the duty and responsibility of the property owner to repair any and all of property owner's improvements, whether located on or within the sidewalk area of the public right-of-way or on or within private property, damaged as a result of city-owned trees or tree roots.
(Ord. 373 § 2, 2008)
It is unlawful for any property owner, after notice, to fail to repair any improvement set forth in Section 8.16.020 and/or Section 8.16.030 of this chapter when said improvement shall be in need of repair, or in a condition so as to endanger persons or individuals passing thereon or to interfere with public convenience in the use thereof.
(Ord. 373 § 2, 2008)
In the event the city engineer becomes aware and determines that any portion of an improvement set forth in Section 8.16.020 and/or Section 8.16.030 of this chapter is in need of repair or in a condition so as to endanger persons or property, or in a condition so as to interfere with the public convenience in the use thereof, the city engineer, in the manner provided, shall notify the property owner of that portion of the improvement in need of repair, and to direct the repair of said improvement. Such notice shall include a reasonable timeline, given the gravity of the need, for the property owner to effectuate the repair(s).
(Ord. 373 § 2, 2008)
In addition to any regular or special inspection which may occur, the city may inspect the condition of improvements abutting a particular piece of property prior to the issuance of any single-family or multifamily occupancy permit or any building permit for work in excess of $20,000 pertaining to occupancy or construction on that property and issued after October 15th, 2008. All such permits, prior to final issuance, shall require a verification that an inspection was completed and that either the improvements are not in need of repair, that repair has been completed, or that repair has been bonded to the satisfaction of the city engineer.
(Ord. 373 § 2, 2008)
Any driveway approach which leads to private property where the driveway or parkway area has been abandoned, fenced off, or otherwise is not used as a legal off-street parking or delivery area, is hereby declared to constitute a sidewalk out-of-repair and in a condition so as to interfere with the public convenience in the use of the sidewalk. Any such driveway approach shall be subject to the provisions of this chapter and shall be closed by the property owner upon order of the city engineer as provided herein.
(Ord. 373 § 2, 2008)
The notice to repair shall describe the work to be done, designate the materials to be used, if appropriate, and specify the manner in which the work shall be done and shall be substantially in the following form:
NOTICE TO REPAIR
The owner of the property described as follows __________, commonly known as __________, is hereby ordered to repair the [sidewalk, curb, gutter, driveway, abandoned driveway, private-property improvement, etc.], abutting said property in accordance with [specifications No. _____ on file in the office of the City Engineer of the City of La Cañada Flintridge, and] all ordinances of the City of La Cañada Flintridge pertaining thereto within ________ (_____) days from the date hereof, or summit a written appeal to the City Manager of the City of La Cañada Flintridge within ten days of the posting date of this notice, and show cause why said work should not be done or why the time therefor should be extended. If the work herein indicated is not commenced within the time fixed herein, or any extension thereof granted by said City Manager, the said City Engineer and/or Superintendent of Streets will cause the work to be done, and the cost thereof, including any incidental expenses, will be made a lien upon said property pursuant to Ordinance No. _____.
A permit approved by the Director of Public Works shall be required for property owner repairs.
Estimated Cost of Repair $________
Dated __________
_________________________
City Engineer of the City of La Cañada Flintridge.
The title to the notice shall be in letters not less than one inch in height and the body of the notice shall be printed in not less than 12 point type. All words in brackets [ ] above, except that or those to be covered by the notice, shall be lined out.
(Ord. 373 § 2, 2008)
Within three days after posting of the notice, as provided in Section 8.16.110, the city engineer shall cause a notice similar in form and substance thereto to be mailed postage prepaid to the property owner, as his or her name and address appear on the records in the office of the Los Angeles County assessor. Failure of the property owner to accept or otherwise receive said mail shall not affect the validity of any proceeding pursuant to this chapter.
(Ord. 373 § 2, 2008)
The property owner may appeal to the city manager and show cause why the work should not be done or why the time therefor should be extended. Such appeal shall be in writing and shall be filed with the city clerk within ten days after the date of posting said notice and such appeal shall be heard by the city manager or designee within 20 days after the date of appeal provided, however, that the city manager or designee may continue the hearing from time to time. The city manager or designee shall hear and pass upon such appeal and his or her determination thereon shall be final and conclusive.
(Ord. 373 § 2, 2008)
Unless the repair required in the notice shall be commenced by the property owner within the time provided in the notice and diligently prosecuted to completion, or in case of an appeal to the city manager, by the date of the determination thereof, unless such appeal is sustained, the city engineer may forthwith make said repairs. If, upon appeal to the city manager, the requirements of the original notice are modified, in making such repair, the city engineer shall be governed by such modification.
(Ord. 373 § 2, 2008)
A. 
The city engineer shall cause to be kept in his or her office, a record containing:
1. 
The description of each parcel of property upon which a notice to repair has been posted, as herein provided;
2. 
Photographs of said sidewalk, curb, gutter, driveway, abandoned driveway or private property improvement prior to and after repair;
3. 
The name of the property owner, if known;
4. 
The date on which the notice was posted;
5. 
The charges incurred by the city in causing the repair to be made and all incidental expenses in connection therewith; and
6. 
All penalties for delinquencies in the payment thereof as hereinafter provided.
Each such entry shall be made as soon as practicable after completion of such act.
B. 
In the event that the city makes the repair or causes it to be made, the charges incurred therefor shall be determined by the city engineer and he or she or she shall prepare and mail an invoice for the same to the last known address of the property owner of the posted property. Failure to pay the invoice shall result in a lien being placed upon the property.
(Ord. 373 § 2, 2008)
A. 
From and after the date of entry in the permanent record of the charges incurred by the city for said repair, the charges shall become a lien against the posted property.
B. 
The lien shall be enforced in the manner hereinafter provided.
(Ord. 373 § 2, 2008)
Upon the completion of the repair, the city engineer shall prepare and file with the city manager or designee a report specifying the work which has been done, the cost thereof, a description of the real property abutting the work that has been done, and the assessment against the lot or parcel of land proposed to be levied to pay the cost thereof.
(Ord. 373 § 2, 2008)
If the repair is done or caused to be done by the city engineer, he or she or she shall cause notice of the costs thereof, upon completion of same, 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 report by the city engineer the cost of the repair 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.
(Ord. 373 § 2, 2008)
Upon the day and hour fixed for the hearing, the city council shall hear and pass upon the report of the city engineer together with any objections or protests to the cost of said work. Thereupon, the city council may make such revision, correction or modification to the report as the council 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.
(Ord. 373 § 2, 2008)
If the property owner does not pay the cost of the repair within 30 calendar days after the costs have been confirmed by the city council, the costs shall become a special assessment against the real property upon which the notice of lien shall be filed. The assessment shall continue until it is paid, together with interest at the legal maximum rate computed from the date of confirmation of the statement until payment. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All acts applicable to levy, collection and enforcement of municipal taxes shall apply to this special assessment.
(Ord. 373 § 2, 2008)
The city engineer 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 8.16 of Title 8 of the La Cañada Flintridge Municipal Code, I did on the_____day of _____ , 20___, cause the [sidewalk, curb, gutter, driveway, abandoned driveway, private-property improvement, as the case may be] abutting the real property hereinafter described to be, to be repaired or improved, and the City Council of the City of La Cañada Flintridge 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 City of La Cañada Flintridge does hereby 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_____ 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 La Cañada Flintridge, County of Los Angeles, State of California, and particularly described as follows, to-wit:
[description of property]
DATED this day of _____, 20___.
City Engineer _______________
(Ord. 373 § 2, 2008)
No charge, or any act relating to such charge or the collection of the same hereunder, shall be illegal on account of informality, or because the same was not completed within the time required by law.
(Ord. 373 § 2, 2008)