Burbank Municipal Code Div. 2 Initiating Proceedings by Petition

Proceedings under this article may be initiated by petition of property owners whose property fronts on or will be benefitted by the work. The petition shall be upon a form to be prepared and issued by the Public Works Director. The petition shall contain an estimate of the cost of the work, including incidental expenses, and shall contain a proposed apportionment of such cost among the lots and land fronting on and/or to be benefited by the improvement as provided in Section 7-3-406 of this article. If contributions by the City shall reduce the amount of the cost chargeable to such lots or lands, the petition shall so state and shall show the estimated amount chargeable to each lot or land. The petition shall state that the estimated assessment is for information only and that the assessment will be based upon the actual costs including incidental expenses, as provided in Division 4 of this article. [Formerly numbered Section 26-32; renumbered by Ord. No. 3058, eff. 2/21/87; 2258.]

No petition for any work to be done under this article shall be considered by the Council unless it is signed by the owners of at least sixty percent (60%) of the frontage of the property fronting on the proposed improvement, or where the apportionment of cost is made on a district basis by the owners of at least sixty percent (60%) in area of the property to be benefited by the improvement. No petition shall be submitted to the Council without a certificate of the Public Works Director and City Treasurer endorsed thereon certifying that the requirements of this section have been complied with. [Formerly numbered Section 26-33; renumbered by Ord. No. 3058, eff. 2/21/87; 2314.]

Property owners who desire alley improvements, may, in lieu of proceeding under Section 7-3-407 of this article, file a petition requesting that the work be done at a cost of five dollars ($5.00) per front foot to be assessed against the properties benefited, provided the petition is signed by the owners of all of the property fronting on the proposed improvement. In such case, the City shall pay the portion of the assessment under Division 4 of this article in excess of the amount herein provided to be assessed against the properties benefited by the improvement. [Added by Ord. No. 2648; formerly numbered Section 26-34; renumbered by Ord. No. 3058, eff. 2/21/87.]

If the Council finds and determines by a majority vote that the petition is signed by the owners of all the property fronting on the proposed improvement, it may pass a resolution ordering the proposed improvement and no further proceedings shall be necessary under this article. [Formerly numbered Section 26-35; renumbered by Ord. No. 3058, eff. 2/21/87; 2314.]

If the Council finds and determines, by no less than four-fifths (4/5) affirmative vote of all members thereof, that the petition is signed by the owners of not less than sixty percent (60%) of the frontage or area of the property fronting on or to be improved by the proposed improvement, as the case may be, and that the public convenience and necessity require such improvement, it may pass a resolution of intention to do the proposed work. [Formerly numbered Section 26-36; renumbered by Ord. No. 3058, eff. 2/21/87; 2314.]