Gilroy Municipal Code Div. 1 Generally

The following words as used in this article shall have their meanings respectively ascribed to them in this section:

Block.

The word “block” means property facing one side of any street between the next intersecting streets.

Sidewalks and Curbs.

The words “sidewalks and curbs” include gutters and pavements to the centerline of the street.

(Ord. No. 657, § 1)

This article shall apply to the construction of sidewalks, gutters, pavements and curbs in front of properties in any block where a sidewalk, gutter, pavement, or curb or all of them have been constructed theretofore in front of properties in such block constituting more than fifty percent of the front footage of such block or where the owners of more than fifty percent of the front footage of the block, as shown by the last equalized assessment roll of the city, file a petition with the city clerk requesting the installation of any such improvements.

(Ord. No. 657, § 1)

This article constitutes a separate and alternative procedure for performing the work specified herein, and no other provision of this Code shall apply to proceedings instituted hereunder. The “Special Assessment Investigation, Limitation and Majority Protest Act of 1931” shall not apply to any proceedings taken under this article.

(Ord. No. 657, § 1)

The owners of lots or portions of lots fronting on any public street or place which has been improved by the construction of sidewalks or curbs or both for a total frontage of more than fifty percent on one side of such street or place in any block, or where a petition signed by the owners of more than fifty percent of the front footage of the block has been filed with the city clerk requesting the installation of such improvements, shall have the duty of constructing or causing the construction of a sidewalk or curb or both in front of his property upon notice so to do by the director of public works.

(Ord. No. 657, § 1)

When the director of public works finds that sidewalks or curbs or both have been constructed in front of properties constituting more than fifty percent of the frontage in any block, or where a petition signed by the owners of more than fifty percent of the front footage of the block has been filed with the city clerk requesting the installation of such improvements, the director of public works may, and upon the instructions of the council of the city shall, notify the owner or person in possession of the property fronting on that portion of the street in such block in which no curb or sidewalk has been constructed theretofore, to construct or cause to be constructed a curb or sidewalk or both in front of his property.

(Ord. No. 657, § 1)

Notice to construct may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk or curb to be constructed or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last-known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk.

(Ord. No. 657, § 1)

The postal card shall contain a notice to construct the sidewalk or curb, referred to in section 20.45, or both as the case may be, and the director of public works shall, immediately upon the mailing of the notice, cause a copy thereof, printed on a card of not less than eight inches by ten inches in size, to be posted in a conspicuous place on the property.

(Ord. No. 657, § 1)

The notice referred to in section 20.45 shall specify the day, hour and place when the council will hear and pass upon objections or protests, if any, which may be raised by any property owner or other interested persons. Upon the day and hour fixed for the hearing the council shall hear and pass upon such objections or protests. The decision of the council on all protests and objections which may be made, shall be final and conclusive. The hearing required by this section shall be in addition to the hearing required by section 20.53 of this chapter.

(Ord. No. 657, § 1)

The notice referred to in section 20.45 shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the construction and shall further specify that if the construction is not commenced within sixty days after notice is given and diligently and without interruption prosecuted to completion, the director of public works shall cause the construction to be done, and the cost of the same shall be a lien on the property.

(Ord. No. 657, § 1)

If the construction is not commenced and prosecuted to completion with due diligence, as required by the notice or by the council after the hearing required by section 20.48 the director of public works shall forthwith construct the sidewalk.

(Ord. No. 657, § 1)

Upon the completion of the construction, the director of public works shall cause notice of the cost of the construction to be given in the manner specified in this article for the giving of notice to construct, which notice shall specify the day, hour and place when the council will hear and pass upon a report by the director of public works of the cost 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 cost of such construction and any other interested persons.

(Ord. No. 657, § 1)

Upon the 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 cost of construction, 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 cost thereof. Any such report may include work done in front of any number of parcels of property, whether contiguous to each other or not.

(Ord. No. 657, § 1)

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 revision, correction 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 decisions of the council on all protests and objections which may be made, shall be final and conclusive.

(Ord. No. 657, § 1)