§ 98.57 CONSTRUCTION BY DIRECTOR OF PUBLIC WORKS.

(A) If the construction is not commenced and prosecuted to completion with due diligence, as required by the notice to construct, the Director of Public Works shall forthwith construct the sidewalks or curbs, or both, as specified in the resolution ordering the work to be done.

('63 Code, § 7-2.217)

(B) Upon completion of the construction, the Director of Public Works shall give notice of the costs of the construction in the manner specified in § 98.56 of this subchapter for giving the notice to construct, which notice shall specify the day, hour, and place when and where the Council will hear and pass upon a report by the Director of Public Works of the costs of the construction, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the costs of such construction and any other interested persons. In no case shall the hearing provided for in this section be sooner than ten days after giving the notice.

(C) The costs of construction may include a proportionate share, as determined by the Council, of the costs of improvements constructed in a place other than in front of a parcel of property which improvements in such other place are required for the proper functioning of the improvements in front of the parcel.

('63 Code, § 7-2.218)

(D) Upon completion of the construction, the Director of Public Works shall prepare and file with the Council a report specifying the work which has been done, the costs of construction, including incidental expenses, a description of the real

property in front of which the work has been done, and the assessment against each lot or parcel of land proposed to be levied to pay the costs thereof. Any such report may include work done in front of any number of parcels of property, whether contiguous to each other or not.

(E) The term “incidental expenses” shall include administrative overhead, the costs of printing and advertising as provided for in this subchapter, the compensation of the person appointed by the Director of Public Works to take charge of and superintend any of the work authorized by this subchapter, the cost of surveys, if any, the expenses of making the assessment and of preparing and

typing the resolutions, notices, and other papers and proceedings for such work, and any expenses incidental to the construction, completion, and inspection of the work.

('63 Code, § 7-2.219)

(F) Upon the day and hour fixed for the hearing, the Council shall hear and pass upon the report of the Director of Public Works, together with any objections or protests which may be raised by any of the property owners liable to be assessed for such construction and any other interested persons. Thereupon, the Council may make such revisions, corrections, or modifications in the report as it may deem just after which, by motion or resolution, the report as submitted, or as revised, corrected, or modified, shall be confirmed. The Council may adjourn the hearings from time to time. The decision of the Council on all protests and objections which may be made shall be final and conclusive.

('63 Code, § 7-2.220)

(G) The costs of construction may be assessed by the Council against the parcel of property fronting upon the sidewalks or curbs so constructed, and such costs so assessed, if not paid within five days after confirmation by the Council, shall constitute a special assessment against that parcel of property and shall be a lien, which lien shall continue until the assessment, and all interest thereon, is paid, or until it is discharged of record.

('63 Code, § 7-2.221)

(H) The Director of Public Works may file in the office of the County Recorder a certificate substantially in the following form: CITY OF EUREKA NOTICE OF LIEN

Sidewalk Construction

Pursuant to the authority vested in me by §§ 98.45 through 98.57 of the Eureka Municipal Code, I did on the day of

, 19 , cause the sidewalk or curb to be constructed, and the Council of the City of Eureka did, on the day of

, 19 , by Resolution No. , assess the cost of such construction upon the real property hereinafter described, and the same has not been paid, or any part thereof, and the City of Eureka does hereby claim a lien on said real property in the sum of

($ ) Dollars, and the same shall be a lien upon said real property until the said sum, with interest at the rate of 7% per annum, from the said day of , 19 , has been paid in full and discharged of record.

The real property hereinbefore mentioned and upon which a lien is claimed is that certain piece or parcel of land lying and being in the City of Eureka, County of Humboldt, State of California, and particularly described as follows:

(Description of property)

Said property is reportedly owned by:

Dated: This day of , 19 ,

Director of Public Works

City of Eureka

('63 Code, § 7-2.222)

(I) From and after the date of the recording of the notice of lien, all persons shall have been deemed to have had notice of the contents thereof. If any such lien is not paid, the city may file and maintain an action to foreclose such lien in the time and manner as shall be prescribed by law. No such lien shall be extinguished until the amount thereof is paid in full or until it is discharged of record. Notwithstanding any provisions of law providing for the extinguishment of such liens by lapse of time, no building, electrical, or plumbing permit shall be issued and no variance from the provisions of the zoning regulations of the city shall be granted with respect to any property which shall have been the subject of a lien under the provisions of this article until the amount of any such lien shall have been paid in full.

('63 Code, § 7-2.223)

(Ord. 67-C.S., passed 1-21-66; Am. Ord. 375-C.S., passed 10-19-82)

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