Burbank Municipal Code Art. 18 Recreational Facilities

2-4-1801: PURPOSE AND INTENT:

The purpose of this article is to establish a method whereby parks, recreational facilities, open space, public parking facilities, landscaping, medians, street trees and appurtenant facilities, streets, bike paths, or trails may be constructed, installed and/or maintained, and whereby the costs thereof may be assessed to property which is receiving special benefit from such systems or facilities; and to establish a procedure whereby such assessments may be collected. [Added by Ord. No. 3257, eff. 7/20/91.]

2-4-1802: COMPLIANCE WITH ARTICLE:

Any proceedings 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. [Added by Ord. No. 3257, eff. 7/20/91.]

2-4-1803: NECESSARY OR CONVENIENT PROCEDURE AUTHORIZED:

Any procedure not expressly set forth in this article but deemed necessary or convenient to carry out any of its purposes is authorized. [Added by Ord. No. 3257, eff. 7/20/91.]

2-4-1804: NONEXCLUSIVENESS OF REMEDIES:

The remedies 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. [Added by Ord. No. 3257, eff. 7/20/91.]

2-4-1805: ABANDONMENT OF PROCEEDINGS:

Proceedings under this article may be abandoned at any time prior to the confirmation of the assessments. [Added by Ord. No. 3257, eff. 7/20/91.]

2-4-1806: EFFECT UPON OTHER LAW:

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 to be followed. [Added by Ord. No. 3257, eff. 7/20/91.]

2-4-1807: APPLICABILITY:

This article shall apply to any assessment levied after the effective date of this article, despite the fact that Council action in ordering said assessment may have been taken prior to said effective date. [Added by Ord. No. 3257, eff. 7/20/91.]

2-4-1808: CONSTRUCTION:

This article is to be liberally constructed. [Added by Ord. No. 3257, eff. 7/20/91.]

2-4-1809: INCORPORATION OF THE LANDSCAPING AND LIGHTING ACT OF 1972:

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 or chapter, 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. [Added by Ord. No. 3257, eff. 7/20/91.]

2-4-1810: ALTERATION OF DISTRICT:

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. [Added by Ord. No. 3257, eff. 7/20/91.]

2-4-1811: LANDSCAPING AND LIGHTING ACT DEFINITIONS:

A. For all purposes under this article, the term “improvement” shall include all items listed in Section 22525 of the Landscaping and Lighting Act of 1972 and also installation, construction, maintenance or serving of any: 1) parks, playfields or recreation facilities which are available for public use and are owned by the City, or by any other public entity including, but not limited to, a school district or a community college district, and maintained by the City pursuant to a contract with such other public entity; 2) public street, highway, road, alley, lane, boulevard, pedestrian mall, parkway, bike path, trail, or other way dedicated to or used for public use and all appurtenances including, but not limited to, medians, sound walls and street signs; and 3) public parking lots.

B. For all purposes under this article, the term “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. [Added by Ord. No. 3257, eff. 7/20/91.]

2-4-1812: INSTALLMENT AND COLLECTION OF IMPROVEMENTS:

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 a single assessment 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. [Added by Ord. No. 3257, eff. 7/20/91.]

2-4-1813: MANNER OF COLLECTION OF ASSESSMENTS:

The assessments levied pursuant to this article shall be collected as provided in the Landscaping and Lighting Act of 1972 or as otherwise may be provided by the Council in the resolution levying such assessments. [Added by Ord. No. 3257, eff. 7/20/91.]

2-4-1814: LIMITATION OF ACTIONS:

The validity of any initial assessment levied under this article shall not be contested in any action or proceeding, unless the action or proceeding levied after the initial assessment shall not be contested in any action or proceeding unless the action or proceedings is commenced with thirty (30) days after such assessment is levied, and 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 Section 2-4-1815 of this article. Any appeal from a final judgment in any such action or proceeding shall be perfected within thirty (30) days after the entry of judgment. [Added by Ord. No. 3257, eff. 7/20/91.]

2-4-1815: CHANGES IN FORMULA:

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. [Added by Ord. No. 3257, eff. 7/20/91.]