Burbank Municipal Code Div. 1 General Provisions

This article constitutes a separate and alternate procedure for the performance of public work and improvements on streets, and/or sidewalks, and/or other public property and rights of way, in whole or part, including, but not limited to, property over which the immediate possession and right of use has been obtained under the provisions of Section 14, Article 1 of the State Constitution, in which the whole or any

part thereof is to be paid by the special assessment upon the lands benefited thereby, and for the levy and collection of such assessments. [Formerly numbered Section 26-26; renumbered by Ord. No. 3058, eff. 2/21/87.]

The provisions of Division 4 of the Streets and Highways Code of the State, known as the “Special Assessment Investigation, Limitation and Majority Protest Act of 1931”, shall not apply to proceedings taken under this article. [Formerly numbered Section 26-27; renumbered by Ord. No. 3058, eff. 2/21/87.]

Whenever used in this article, the words “incidental expense” shall include administrative overhead, the cost of printing and advertising provided for in this article, the compensation of the person appointed by the Public Works Director to take charge of and superintend any of the work authorized by this article, the expenses of making the assessment and of preparing and typing the resolutions, notices and other papers and proceedings for such work, the expenses of making any analyses and tests to determine that the work or any materials or appliances incorporated therein comply with the specifications, and any other expenses incidental to the construction, completion and inspection of the work. [Formerly numbered Section 26-28; renumbered by Ord. No. 3058, eff. 2/21/87.]

All streets, or property, or rights of way owned by the City, open or dedicated to public use, and any property for the immediate possession and use of which an order in eminent domain proceedings has been obtained, are open streets, property or rights of way owned by the City for the purposes of this article, and the Council is hereby invested with jurisdiction in order to be done therein, over or thereon, any of the work mentioned in this article, under the proceedings described herein. [Formerly numbered Section 26-29; renumbered by Ord. No. 3058, eff. 2/21/87.]

The Council may under the proceedings described in this article, order any property mentioned in Section 7-3-404 of this article, to be improved or repaired by or have constructed or reconstructed therein, over or thereon, either singularly or in any combination thereof, any of the following:

A. Grading, Paving: Grading or paving.

B. Sidewalks: The construction or reconstruction of sidewalks, crosswalks, steps, safety zones, platforms, seats, statuary, fountains, parks and parkways, culverts, bridges, curbs, gutters, tunnels, subways or viaducts.

C. Sewers: Sanitary sewers or instrumentalities of sanitation, together with the necessary outlets, maintenance holes, catch basins, disposal plants, connecting sewers, ditches, drains, conduits, tunnels, channels or other appurtenances.

D. Drainage: Drains, tunnels, sewers, conduits, culverts, and channels, for drainage purposes, together with necessary outlets, maintenance holes, catch basins, disposal plants, drains, conduits, channels, appurtenances.

E. Lighting: Poles, posts, wires, pipes, conduits, tunnels, lamps, and other suitable or necessary appliances for the purpose of lighting streets, property or rights of way owned by the City.

F. Fire Protection: Pipes, hydrants and appliances for fire protection.

G. Flood Protection: Walls of rock or other material to protect the streets and other property in the City from overflow by water.

H. Water Supply: Wells, pumps, dams, reservoirs, storage tanks, channels, tunnels, conduits, pipes, hydrants, meters or other appurtenances for supplying or distributing the domestic water supply.

I. Retaining Walls: Retaining walls, embankments and other structures necessary or suitable in connection with any of the work mentioned in this section.

J. Bomb or Fallout Shelters: The construction or maintenance of bomb shelters or fallout shelters which are primarily designed to protect and shelter the population from conventional or nuclear bomb or missile warhead explosions, shellfire, radiation, and fallout in the event of any enemy attack.

K. Green Street Improvements: Subject to new development or redevelopment meeting certain thresholds, the Green Streets Policy will require green street improvements aimed at capturing and either infiltrating or treating storm water runoff.

L. Other Work: All other work which may be deemed necessary to improve the whole or any portion of any street, property or right of way owned by the City; and all other work auxiliary to any of the foregoing, which may be required to carry out the same.

M. Environmental Impact Report: No improvement which may have a significant effect on the environment shall be authorized under this section until an environmental impact report is prepared, processed and considered in accordance with the provisions of Title 9, Chapter 3, Article 1 of this code, unless the improvement is otherwise exempt from the provisions of that article. [Formerly numbered Section 26-30; amended by Ord. No. 15-3,865, eff. 7/17/15; 3058, 2383.]

A. Preparation Of Map And Assessment Roll: Before the Council adopts a resolution of intention as provided in Section 7-3-412 of this article and before a petition is issued as provided in Section 7-3-407 of this article, the Public Works Director shall prepare a map or diagram showing each public street, alley or other public place proposed to be improved, the general nature, location and extent of the proposed improvement and add to be assessed to pay the costs thereof, numbered to correspond with the numbers in the proposed assessment roll provided for in this article. The parcels of land shall be included within a district to be known as the assessment district and indicated by a boundary line shown upon the map or diagram. The district may be described by:

1. Stating the exterior boundaries thereof; or

2. Giving a description thereof according to any official or recorded map or maps; or

3. Referring to a plat or map on file in the office of the City Clerk or Public Works Director which shall indicate by a boundary line the territory to be included in the assessment district, and which shall govern for all details as to the extent of the district.

Said map or diagram shall accompany and be a part of the proposed assessment roll and shall show the total estimated costs of the proposed improvement, inclusive of incidental expenses, and the estimated amount of the assessments proposed to be assessed upon each parcel of land, in proportion to the estimated benefits to be received.

The estimated cost of the improvement and incidental expenses shall be separately stated.

If apportionment is proposed to be made on a frontage basis, each lot or parcel of land fronting on the improvement shall be charged with its proportionate share of the estimated cost of the work based upon the total frontage of property fronting on the improvement. If the apportionment is not so made the diagram prepared by the Public Works Director shall show the relative location of each lot or parcel of land within the assessment district to the proposed improvement.

The proposed assessment roll shall contain a statement in bold letters that the assessment which will be made for the proposed improvement will be based upon the actual costs of the improvement, including incidental expenses.

B. Map And Assessment Roll Open To Public Inspection: When said map or diagram has been completed and it, together with the proposed assessment roll, shall have been filed with the City Clerk and approved by the Council, the fact and date of such approval shall be endorsed thereon by the City Clerk and the map or diagram and proposed assessment roll shall be open to public inspection.

C. City Can Pay Portion Of Costs If In Public Interest: Whenever the Council finds that it is in the public interest that the City pay a portion of the cost of any improvement authorized under this article, the Council may by motion or resolution provide for the amount or percentage of the costs of the improvement which the City is to contribute and the City shall pay said amount or percentage in accordance with said motion or resolution. [Formerly numbered Section 26-31; renumbered by Ord. No. 3058, eff. 2/21/87; 2258.]