Alameda Municipal Code Art. V The City of Alameda Maintenance Procedure Code

This section shall be known and may be cited as the "City of Alameda Maintenance Procedure Code," and shall be referred to herein as the "Maintenance Procedure".

(Ord. No. 2623 N.S. § 2)

This Municipal Procedure is adopted pursuant to Section 1-2(D) of Article I of the Charter of the City of Alameda. In proceedings had pursuant to this Maintenance Procedure which are a municipal affair, any general laws referred to in this Municipal Procedure are deemed a part of this Municipal Procedure.

In the event that any proceeding had pursuant to this Municipal Procedure shall be adjudged a State error, it is declared to be the intention that the proceedings were had pursuant to any applicable general law or laws.

This Municipal Procedure provides an alterative method of financing certain public and private capital facilities and municipal services. The provisions of this Municipal Procedure 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 Municipal Procedure instead of or in conjunction with any other method of financing part or all of the cost of providing the authorized kinds of public and private capital facilities and municipal services.

(Ord. No. 2623 N.S. § 2)

Any provision in this Municipal Procedure which conflicts with any general law or act shall prevail over the other such provision in connection with any proceedings taken pursuant to this Municipal Procedure.

In the event any portion of this Municipal Procedure shall be declared illegal, unenforceable, or unconstitutional, such provision shall be deemed severable from the rest of the provisions of this Municipal Procedure.

(Ord. No. 2623 N.S. § 2)

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 Municipal Procedure and which are not otherwise prohibited by law.

(Ord. No. 2623 N.S. § 2)

The purpose and intent of this chapter is to establish a method whereby the improvements described in subsection 3-80.14 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.

(Ord. No. 2623 N.S. § 2)

Any proceedings taken or assessment levied pursuant to this article shall not be held invalid for failure to comply with the provisions of this article provided such failure is not a constitutional defect.

(Ord. No. 2623 N.S. § 2)

Any procedure not expressly set forth in this article but deemed necessary or convenient to carry out any of its purposes is authorized.

(Ord. No. 2623 N.S. § 2)

The remedies provided in this article for the enforcement of any assessment levied pursuant to this article are not exclusive, and additional remedies may be provided at any time.

(Ord. No. 2623 N.S. § 2)

Proceedings under this article may be abandoned at anytime prior to the confirmation of the assessments.

(Ord. No. 2623 N.S. § 2)

This article 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 article, its provisions only need be followed.

(Ord. No. 2623 N.S. § 2)

This article is to be liberally construed.

(Ord. No. 2623 N.S. § 2)

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 article. Except as otherwise provided by this article, 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, and/or the annexation of any territory thereto, notice of hearing shall be by: (i) 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 the case may be, and said mailing shall be completed not less than fifteen (15) days before the date established for the hearing for formation or annexation; and (ii) by publication, one time, in a newspaper of general circulation within the boundaries of the assessment district, which publication shall occur not less than ten (10) days before the date established for the hearing on formation or annexation. For the purposes of annual hearings to establish annual assessments, notice shall be as provided in (ii) above.

(Ord. No. 2623 N.S. § 2)

The boundaries of any district created pursuant to this article 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.

(Ord. No. 2623 N.S. § 2)

(a) Improvement shall include the installation, construction, planting and/or acquisition of trees, shrubs, groundcover, grass or other ornamental vegetation, statuary, fountains, water features or other ornamental structures, lighting facilities, including traffic signals and warning devices, park or recreational improvements, including lights, playground equipment, play fields, play courts, restroom facilities, sound walls, fences and all appurtenances thereto, including grading, clearing, removal of debris, curbs, gutters, sidewalks, bicycle paths, paving, water, irrigation, drainage or electrical facilities and the acquisition of land for park, recreational or open space purposes, and also installation, construction, maintenance or servicing of any public or private (1) street, highway, road, alley, lane, boulevard, pedestrian mall, parkway, bicycle path, trail, or other way dedicated to or used for public use and all appurtenances including but not limited to medians, soundwalls and street signs; (2) parks, play fields, park or recreation administrative or neighborhood community center facilities, open space and shoreline parks and open space; (3) drains, tunnels, sewers, conduits, culverts, and channels, for drainage purposes; with necessary outlets, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, channels, and appurtenances; and (4) canals, estuaries, channels, shoreline stabilization facilities and measures, including rip-rap, bulkheads, dikes, breakwaters, levees and embankments.

(b) 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 article 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) 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 Section 3-80.14(a) above, 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.

(Ord. No. 2623 N.S. § 2)

The City may, by resolution, determine that the estimated cost of any of the improvements authorized pursuant to this article 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.

(Ord. No. 2623 N.S. § 2)

The annual assessment shall be restricted to taxable real property in the district, except as expressly provided in the resolution of intention. Any assessment formula may include a component based on the value of the properties assessed, measured by any constitutionally acceptable method. 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.

(Ord. No. 2623 N.S. § 2)

The validity of any initial assessment levied under this article shall not be contested in any action or proceedings, unless the action or proceeding is commenced within thirty (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 subsection 3-80.16. Any appeal from a final judgment in the action or proceeding shall be perfected within thirty (30) days after the entry of judgment.

(Ord. No. 2623 N.S. § 2)

Changes in the assessment formula may be made in proceedings for the levy of annual assessments after the levy of the initial assessment. In such event, the proposed change shall be described in the engineer's report and in the resolution of intention.

(Ord. No. 2623 N.S. § 2)