Oceanside Municipal Code Div. 2 Repairs

For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Abandoned driveway. "Abandoned driveway" means that depressed portion of the sidewalk constructed for the purpose of driving motor vehicles from the street to the adjacent property which is no longer needed as an appurtenance to such property.

Sidewalk. "Sidewalk" includes a park or parking strip maintained in the area between the property line and the street line, and also includes curbing, bulkheads, driveways, retaining walls or other works for the protection of any sidewalk or of any such park or parking strip.

(Ord. Code, §§ 7440.1, 7440.2)

This division shall only apply to maintenance and repair proceedings of sidewalks, whether upon work originally done under Sections 5000 to 6794 of the Streets and Highways Code of the state or otherwise, and this division shall not be used for the construction of new improvements.

Sections 2800 to 3012 of the Streets and Highways Code of the state shall not apply to proceedings taken under this division.

The provisions of this division shall not apply to any damage to sidewalks which is caused by tree roots originating from trees planted in the public right-of-way.

(Ord. Code, §§ 7441, 7442, 7452; Ord. No. 84-34, 9-12-84)

The owners of lots or portions fronting on any portion of a public street or place when the street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property, and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in change thereof, and such persons shall be under a like duty in relation thereto.

(Ord. Code, § 7451)

(a) Except as otherwise provided, all sidewalks shall be repaired with the same kind of material with which they were constructed. The street superintendent may approve the utilization of alternate materials to effect temporary repairs where the use of the same kind of materials used to originally construct the sidewalk would be infeasible due to then-existing geological or other natural conditions. Permanent repairs utilizing the original construction materials must be made upon determination by the street superintendent that the conditions which had made repairs with such materials infeasible in the first instance no longer exist.

(b) Utilization of alternate materials to effect temporary repairs shall not relieve the owner of the property fronting on such sidewalk from his duty to repair such sidewalk under section 31.53 while such alternate materials are being used.

(Ord. No. 78-35, § 2, 9-27-78)

When any portion of the sidewalk is out of repair or pending construction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk, the superintendent of streets shall notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair, to repair the sidewalk.

(Ord. Code, § 7461)

The notice provided for in section 31.54 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 repair, and shall further specify that if the repair is not commenced within two (2) weeks after notice is given and diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair, and the cost of the same shall be a lien on the property.

(Ord. Code, § 7464)

The notice to repair, provided for in the preceding section, 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 so out of repair, 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. Code, § 7462)

The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than eight (8) inches by ten (10) inches in size, to be posted in a conspicuous place on the property.

(Ord. Code, § 7463)

If the repair required by this division is not commenced and prosecuted to completion with diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk.

(Ord. Code, § 7471)

Upon the completion of the repair, pursuant to the preceding section, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in sections 31.54 to 31.57 for the giving of notice to repair, which notice shall specify the day, hour and place when the city council will hear and pass upon a report by the superintendent of streets of the cost of repair, 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 repair and any other interested persons.

(Ord. Code, § 7472)

Upon the completion of the repair, pursuant to section 31.58, the superintendent of streets shall prepare and file with the council a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made, and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof.

(Ord. Code, § 7473)

Any report, provided for in the preceding section, may include repairs to any number of parcels of property, whether contiguous to each other or not.

(Ord. Code, § 7474)

Upon the day and hour fixed for the hearing provided for in section 31.59, the council shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons.

(Ord. Code, § 7475)

The city council may adjourn the hearings provided for in section 31.59 from time to time.

(Ord. Code, § 7477)

Upon conclusion of the hearing provided for in section 31.59, 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.

(Ord. Code, § 7476)

The decision of the council on all protests and objections which may be made, shall be final and conclusive.

(Ord. Code, § 7478)

The cost of the repair may be assessed by the council against the parcel of property fronting upon the sidewalk upon which such repair was made.

(Ord. Code, § 7481)

The cost of the repair assessed as provided in the preceding section, if not paid within five (5) 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, which lien shall continue until the assessment and all interest thereof is paid, or until it is discharged of record.

(Ord. Code, § 7481.1)

The superintendent of streets may file in the office of the county recorder of the county, a certificate substantially in the following form:

NOTICE OF LIEN

Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the _______ day of _______, 19___, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls or other works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, and the City Council did, on the _______ day of _______, 19___, by Resolution No. _______, assess the cost of such repair 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 6 per cent per annum, from the said _______ day of _______, 19___, (insert date of 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 (name of city), the county of _______, State of _______, and particularly described as follows, to wit:

(Description of property)

Dated this _______ day of _______, 19___.

Superintendent of Streets

(Ord. Code, § 7482)

The notice of lien, provided for in section 31.68, 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.

(Ord. Code, § 7484)

From and after the date of the recording of the notice of lien provided for in the preceding section, all persons shall be deemed to have had notice of the contents thereof.

(Ord. Code, § 7483)

The statute of limitation shall not run against the right of the city to enforce the payment of the lien.

(Ord. Code, § 7485)

If any lien provided for in this division 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 the provisions of Sections 6610 to 6623 of the Streets and Highways Code of the state.

(Ord. Code, § 7486)

As an alternative method of collection of the amount of the lien, the council, after confirmation of the report of the superintendent of streets, may order the notice of lien to be turned over to the assessor and the tax collector, 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.

(Ord. Code, § 7487)

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.

(Ord. Code, § 7488)

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. Code, § 7488.1)