Arvin Municipal Code Ch. 12.08 Repair and Construction of Sidewalks

For the purpose of this chapter the following terms are defined;

A. "Owner" means any person, firm or corporation listed as owner of real property on the tax rolls of the city, or an agent or representative of same.

B. "Sidewalk area" is that portion of a public street between the gutter line and property line.

(Ord. 274 §1(part), 1994).

The owner or owners of the property abutting any curb, sidewalk area, or alley are responsible for and shall be required to maintain the curb, sidewalk area, or alley, including the repair and/or correction of any hazards or defects located therein or thereon.

(Ord. 274 §1(part), 1994).

Any resident of real property in the city shall report to the city council or its designee, in writing, the fact that any defective sidewalk exists in front of or along the side of the property occupied by such resident.

(Ord. 274 §1(part), 1994).

If, in consequence of any sidewalk being defective and in condition to endanger persons passing thereon, any person, while exercising ordinary care to avoid the danger, who suffers damage to his person or property through any defect of a sidewalk may have recourse for damages thus suffered against the person failing to repair such defect or the person failing to report the defect.

(Ord. 274 §1(part), 1994).

In the event that the defect is caused by tree roots, the city manager or his/her designee shall have power and authority to cut such root or to give permission to cut the same; provided, however, that if such root be other than a surface root, the city manager or his/her designee shall consult the street superintendent concerning same.

(Ord. 274 §1(part), 1994).

The city manager or his/her designee, may on his/her own initiative, or on report or complaint of a resident of the city or of the director of field operations stating that conditions exist in any curb, sidewalk area, or alley in the city which require repairs or construction in order to protect the health and safety of the citizens of the city, or to protect the investment made in the improvements by the city, order the director of field operations to make a complete study of the situation.

(Ord. 274 §1(part), 1994).

The director of field operations or his/her designee shall investigate the situation, interview the owners if they are reasonably available and devise a plan incorporating his/her findings. The street superintendent shall estimate the work necessary to replace or repair the curb, sidewalk area, or alley, together with estimated costs thereof, and submit to the city manager or his/her designee, a report on the status, feasibility, need, and costs with a recommendation for disposition of the project.

(Ord. 274 §1(part), 1994).

A. In the event the city manager or his/her designee, decides that certain repairs or construction are required in any curb, sidewalk area, or alley to protect the health and safety of the citizens of the city or the investment made in permanent improvements on any street or alley in the city, city manager or his/her designee, shall cause notice to be given in writing to the owner or owners of the property abutting the curb, sidewalk area, or alley where the work is required to be done. The notice shall be substantially in the following form:

NOTICE TO (REPAIR) (CONSTRUCT)

You, as the owner of the property, commonly known as ___________ , are hereby ordered to (repair) (construct) the ___________ in front of or abutting said property in accordance with specifications outlined in Chapter 12.08 of the Arvin Municipal Code. A copy of these specifications is on file in the office of the City Clerk. You must begin this work within fifteen days after the date set forth below, and diligently prosecute it to completion within five days thereafter (Saturdays and Sundays excluded).

If the work is not commenced within this time period or an extension therefor granted by the City Manager or his/her designee, the City shall cause the work to be done and the cost will be made a lien upon your property as provided by law.

Dated this ___ day of _______, 19___, at Arvin, California.

City of Arvin

By _____

B. One copy of such notice shall be sent by certified mail to the address of the owner as listed on the tax rolls of the county assessor.

(Ord. 274 §1(part), 1994).

Unless the repairs or construction required, as stated in the notice, are commenced with fifteen (15) days from the date of notice and completed within five (5) days once commenced (Saturdays and Sundays excluded), or within any extension of time as may be granted, the city shall forthwith proceed with the repairs or construction as specified in the notice.

(Ord. 274 §1(part), 1994).

Where the city proceeds with the repairs or construction as provided in this chapter, it shall on completions thereof prepare an itemized statement of all charges in connection therewith and mail the same by certified mail to the last known address of the owner of the property. The cost of such repairs shall be a lien upon the property.

(Ord. 274 §1(part), 1994).

The city shall retain a written record of the following:

A. The description of each parcel of property on which a notice to repair or construct has been posted;

B. The name of the owner and his address;

C. The date of report of complaint;

D. The date of notification to repair or construct;

E. The charges incurred by the city, if any, in causing the repair or construction to be made, together with incidental expenses in connection therewith;

F. The method of payment, delinquencies in such payment, and penalties for delinquency, if any;

G. The date of mailing the statement of charges for the repairs or construction if any, to the owner;

H. The date and amount of any payment made thereon.

(Ord. 274 §1(part), 1994).

Upon the failure of the owner of the property to make the repairs by the notice to repair within the time prescribed by this department, the city manager, or his/her designee, shall direct that the city make such repairs, and the cost of the same shall be a lien upon the property.

(Ord. 274 §1(part), 1994).

If the required repairs are made by the city, the city shall, upon the completion of such repairs, serve upon the owner or person in possession of the property facing upon the sidewalk so repaired, either by personal service or by mail, the manner prescribed by Section 12.08.080 of this chapter, a notice setting forth a statement of the cost of such repairs.

Such notice shall also specify the date, hour and place when the city council will hear protests of the assessment of the cost of such repair upon such property.

(Ord. 274 §1(part), 1994).

Upon the day and hour set for the hearing of protests, the city council shall hear and consider all protests, if there be any, and then affirm or reject the assessment of the cost of such repairs upon such property. The date of hearing of protests and affirming or rejecting the assessment may be continued from day to day.

(Ord. 274 §1(part), 1994).

If the assessment for sidewalk repairs is not paid within five (5) days after its confirmation by the city council, the notice of lien, when recorded, shall be a lien upon the property, and such lien shall so continue until the cost of such repair has been paid in full and discharged of record.

Such lien shall be subordinate to all special assessment liens previously imposed upon the same property, but it shall have priority over all special assessment liens which may thereafter be created against the property. From and after the recording of such notice of lien, all persons shall be deemed to have had notice of the contents thereof.

(Ord. 274 §1(part), 1994).

A. From and after the day of entry of the charges in the record as proved by Section 12.08.110 of this chapter, the charges for repair or construction shall become a lien against the posted property and shall be enforced in the manner provided in this chapter.

B. The city manager or his/her designee shall file a notice of lien with the county assessor-recorder. The notice of lien shall be substantially in the following form:

NOTICE OF LIEN

Pursuant to the authority vested in me by Chapter 12.08 of the Municipal Code of the City of Arvin, I did, beginning on or about the ___ day of _______, 19___, cause the _______ in front of, or abutting, the real property hereinafter described to be (repaired) (constructed) and on the ___ day of _______, 19___, did mail to the registered owner of said property an itemized statement of the charges therefor, and the same has not been paid to this date, or any part thereof. Therefore, the City of Arvin does hereby give notice of its lien against the said described real property in the sum of _______ Dollars, representing the total charges, penalties, and fees included and the same shall be a lien upon said real property until said charges have been paid in full and discharged of records.

The real property hereinabove mentioned is that certain parcel of land lying within the City of Arvin, County of Kern, State of California, described as follows:

(Description).

DATED this _____ day of _______, 19___, at the City of Arvin.

CITY OF ARVIN

By _____

C. On the date of filing such notice of lien, the city council or its designee, shall also cause to be mailed to the owner of the described real property a copy of such notice.

(Ord. 274 §1(part), 1994).

Proof of publication, posting, or mailing of any notice, order, or determination provided for in this chapter shall be made by affidavit of the printer of the newspaper in which published, the foreman or principal clerk, or the person posting or mailing the notice, order or mailed, as the case may be and specifying at the time where or at which the same was published, posted, or mailed, as the case may be. It shall be the duty of the city clerk to keep among the official records of the city the affidavits of publication, posting, or mailing proved for in this section. No error in the name or address and no failure to receive a copy of the notices mailed as provided in this section shall affect in any manner the validity of the procedure or of any lien imposed hereunder.

(Ord. 274 §1(part), 1994).

The amount of any charge of any portion of the amount of any charge made a lien on property pursuant to the provisions of this chapter shall be refunded to the person entitled thereto by order of the city council, or it designee, in the same manner provided by law for the refunding of payment of general city taxes:

A. Which has been or shall be paid more than once; or

B. Which has been or shall be erroneously or illegally collected; or

C. Where an amount in excess of the amount chargeable has been or shall be paid; or

D. Where the amount charged was not chargeable to the person or the property of the person paying the same under the provisions of this chapter by reason of a mistake or clerical error of the officers or employees of the city.

(Ord. 274 §1(part), 1994).

No charge or any act relating to such charge or the collection of the same under the provisions of this chapter shall be legal on account of informality or because the same was not completed within the time required by law.

(Ord. 274 §1(part), 1994).

It is unlawful for any person, firm or corporation to lay down or construct, remove, alter, repair or cause to be laid down or constructed, removed, altered or repaired any sidewalk, curb, wall, driveway, or stairs on or within the public right-of-way of the city without first having obtained a permit to do so, in writing, from the city.

(Ord. 274 §1(part), 1994).

Whenever it is necessary in laying down, constructing, or repairing any sidewalk, curb, wall, or stairs on the public streets of the city to remove any portion of earth for such purpose, it shall be the duty of the person, firm, or corporation doing the work, prior to the completion thereof, to dispose of the earth.

(Ord. 274 §1(part), 1994).