Earlier editions: 2026-09
Chapter 20 — Streets and Sidewalks›Article VII — CONSTRUCTION OF SIDEWALKS AND CURBS ON PROPERTIES CONSTITUTING MORE THAN FIFTY PERCENT OF FRONT FOOTAGE OF BLOCK
Gilroy Municipal Code Div. 2 Cost of Construction
Gilroy Municipal Code · 2026-10 edition · updated 2026-10-04 · Gilroy
Cite as: Gilroy Municipal Code Division 2 · Text as of 2026-10-04
§ 20.54. Assessment of cost; special assessment; lien on property.¶
The cost of the construction may be assessed by the council against the parcel of property fronting upon the sidewalk or curb so constructed, and such cost so assessed, if not paid within five days after its confirmation by the council, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof from the time of recordation of the notice of lien, which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record.
(Ord. No. 657, § 1)
§ 20.55. Notice of lien – Filing; form.¶
The director of public works may file in the office of the county recorder in which the parcel of property is located, a certificate substantially in the following form, to wit:
| NOTICE OF LIEN |
|---|
| Pursuant to the authority vested in me by Chapter 20A of the Gilroy City Code, I did, on the ________ day of _____, 20, cause the sidewalk or curb to be constructed, and the council of said city did, on the ________ day of , 20, by Resolution No. ________ assess the cost of such construction upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city, 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 ________ percent (insert rate of interest as fixed by council, not to exceed 6 percent) per annum, from the said ________ day of ______, 20, (insert date of the thirty-first day after confirmation of assessment), 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 said City of Gilroy, County of Santa Clara, State of California, and particularly described as follows, to wit: |
| (DESCRIPTION OF PROPERTY) |
| Dated this ________ day of ________ 20__. |
(Ord. No. 657, § 1)
§ 20.56. Same – Effect of recording; contents generally; applicability of statute of…¶
From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitation shall not run against the right of the city to enforce the payment of the lien. If any such lien is not paid the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under this division.
(Ord. No. 657, § 1)
§ 20.57. Collection – Alternative method of collection of amount of lien.¶
As an alternative method of collection of amount of the lien, the council, after confirmation of the report of the director of public works, may order the notice of lien to be turned over to the accounting officer and the tax collector of the city, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. If city taxes are collected by the county officials, the notice of lien shall be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization.
(Ord. No. 657, § 1)
§ 20.58. Same – Same – Manner of collection of lien generally; penalties and interest;…¶
The amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes and county taxes are hereby made applicable to such special assessment taxes.
(Ord. No. 657, § 1)
§ 20.59. Determination by council for payment of assessments in annual installments;…¶
The council shall have the power, in its discretion, to determine that the payment of such assessments of fifty dollars or more may be made in annual installments, in any event not to exceed ten, and that the payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the council, not to exceed six percent per annum. Such interest shall begin to run on the thirty-first day after the confirmation of the assessments by the council. All such determinations may be expressed by resolution of the council at any time prior to the confirmation of the assessments.
(Ord. No. 657, § 1)
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