Burbank Municipal Code Div. 3 Hearing and Ordering Work

The Council, without petition therefor, may by resolution adopted by the vote of not less than four-fifths (4/5) of all of its members declare its intention to find and determine that the public interest, convenience and necessity require the performance or construction of any work or improvement referred to in Section 7-3-405 of this article and that if such finding and determination is made the proposed improvement may be ordered by the Council notwithstanding any provisions of law for debt limitation or majority protest. [Formerly numbered Section 26-37; renumbered by Ord. No. 3058, eff. 2/21/87; 2218.]

The resolution of intention shall be sufficient if it states in general terms the class or kind of work contemplated, such as grading, paving, sewering, or other work, and gives in general the location of the proposed work and refers to plans, profiles, detailed drawings and specifications, or such of them on file in the office of the Public Works Director as may be suitable or proper for the full and detailed description of the proposed work. The location of the proposed work may be given by referring to the street on which the work is to be done by its lawful or official name, or the name by which it is commonly known, or if the work is not to be done upon a street, then by briefly describing the property or right of way which is to be improved. Reference shall also be made to this article and to the fact that the cost of the improvement, or part thereof, is proposed to be benefited by the work. The resolution of intention shall contain also a notice of the day, hour and place when and where any and all persons having any objection to the proposed work may appear before the Council and show cause why the proposed work should not be carried out in accordance with the resolution of intention. The time shall not be less than ten (10) nor more than thirty (30) days from the date of the passage of the resolution. [Formerly numbered Section 26-38; renumbered by Ord. No. 3058, eff. 2/21/87.]

The City Clerk shall cause the resolution of intention to be published once in a newspaper of general circulation, not less than five (5) days prior to the date of public hearing stated in said resolution. [Formerly numbered Section 26-39; renumbered by Ord. No. 3058, eff. 2/21/87.]

The Council may include in one proceeding, and under resolution of intention, any of the different kinds of work mentioned in this article, on any number of streets, properties and rights of way, or portions thereof, contiguous or otherwise, and it may except therefrom any such work which has already been done. [Formerly numbered Section 26-40; renumbered by Ord. No. 3058, eff. 2/21/87.]

After the adoption of the resolution of intention, the Public Works Director shall cause to be conspicuously posted along the line of the contemplated work, at not more than three hundred feet (300') in distance apart, but not less than three (3) in all, or when the work to be done is only upon an entire crossing or intersection or any part thereof, in front of each quarter block or irregular block liable to be assessed, notices of the passage of the resolution, but no proceedings shall ever be held invalid for failure to post any street, nor shall the validity of any assessment levied hereunder be affected thereby, if this section has been substantially complied with. In every case, all posting must be fully completed at least five (5) days before the day set for hearing protests or objections. [Formerly numbered Section 26-41; renumbered by Ord. No. 3058, eff. 2/21/87.]

The Council shall direct the City Treasurer to, and they shall, give notice by mail of the adoption of the resolution of intention. In every case, all mailing must be fully completed at least five (5) days before the day set for hearing protests or objections. Such notices shall be sent by regular mail, deposited in any United States Mail box, to each lot or parcel of real property as such ownership is known to the City Treasurer, unless the City Treasurer has been requested by such owner, in writing, to mail the notice to another address or addressee, but failure to mail such notice or failure of the owner of the property to receive the same shall not be held to invalidate proceedings in any manner or affect the validity of any assessment levied hereunder. [Formerly numbered Section 26-42; renumbered by Ord. No. 3058, eff. 2/21/87.]

The notices shall be headed “Notice of Assessment” in letters of not less than one inch (1") in height; and shall, in legible characters, state the fact of the passage of the resolution of intention, its date, and briefly, the work proposed, an estimate of the total cost of the proposed work, that the cost of the improvement or part thereof is to be assessed against the property fronting on or to be benefited by the proposed work, and shall refer to the resolution of intention for further particulars. The notices shall contain also a statement of the day, hour having any objections to the proposed work may appear before the Council and show cause why the proposed work should not be carried out in accordance with the resolution. [Formerly numbered Section 26-43; renumbered by Ord. No. 3058, eff. 2/21/87.]

Affidavits of publication, posting and mailing shall be filed in the office of the City Clerk. [Formerly numbered Section 26-44; renumbered by Ord. No. 3058, eff. 2/21/87.]

Any time not later than the hour set for hearing of objections to the proposed work, any owner of property liable to be assessed for the work may make written protest against the proposed work, the determination by the Council that the public interest, convenience and necessity require the proposed work, or the ordering of the improvement without further proceedings for majority protest or debt limitation. Such protest must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and be delivered to the City Clerk, and no other protests or objections shall be considered. [Formerly numbered Section 26-45; renumbered by Ord. No. 3058, eff. 2/21/87.]

The Council shall proceed to hear and pass upon all protests so made as required by the preceding section, and its decision shall be final and conclusive. The Council may adjourn the hearings from time to time. [Formerly numbered Section 26-46; renumbered by Ord. No. 3058, eff. 2/21/87.]

The Council may, at the conclusion of the hearing, by resolution entered upon its minutes, make such changes in the boundaries of the proposed improvement or changes in the work proposed to be done as it shall find to be proper and advisable, and shall define and establish such boundaries and the work proposed to be done; however, the Council shall not modify the boundaries to include any property which will not, in its judgment, be benefited by the work. The Council shall give notice of such changes in the newspaper in which the resolution of intention was published, and shall describe the proposed

modification and specify for hearing objections to such modification, which time shall be at least five (5) days after the publication of the notice. Written objections to the proposed modification may be filed with the City Clerk by any interested person, at or before the time set for the hearing. The Council shall hear and pass upon such objections at the time appointed, or at any time to which the hearing thereof may be adjourned, and its decision thereon shall be final and conclusive. [Formerly numbered Section 26-47 renumbered by Ord. No. 3058, eff. 2/21/87.]

If no protests or objections in writing have been delivered to the City Clerk up to the hour set for the hearing thereon, or if protests have been found by the Council to be insufficient, or have been overruled, or if modification of the proposed boundaries has been made, and all objections or protests thereto have been heard and denied, and if the proceedings are without petition and the Council finds and determines by no less than a four-fifths (4/5) affirmative vote of the members thereof that the public interest, convenience and necessity required the proposed improvement, the Council shall immediately thereupon acquire jurisdiction to order the proposed work to be done and may pass a resolution ordering such work, and directing the Public Works Director to do the same in accordance with the provisions of this code and the City Charter. [Formerly numbered Section 26-48; renumbered by Ord. No. 3058, eff. 2/21/87.]

Upon completion of the work, the Public Works Director shall compute the actual cost thereof, including incidental expenses. [Formerly numbered Section 26-49; renumbered by Ord. No. 3058, eff. 2/21/87.]