Chapter 12.08 — PUBLIC IMPROVEMENTS

All streets or places in the City now or hereafter dedicated for public use shall be deemed public streets or places for the purpose of this chapter and the Council is invested with jurisdiction to order to be done any of the work mentioned in this chapter.

Whenever the public interest or convenience requires, the Council is authorized and empowered to order the construction or reconstruction or repair in any one or more of the streets or public places of the City, or in, over and through property or rights-of-way owned by the City, or sidewalks, crosswalks, culverts, bridges, gutters, curbs, steps, parkings, parkways, sewers, ditches, drains, conduits, and channels for sanitary and drainage purposes, or either or both thereof, with outlets, manholes, catch basins, flush tanks, connecting sewers, ditches, drains, conduits, channels and other appurtenances; and poles, posts, wires, pipes, conduits, lamps and other suitable or necessary appliances for the purpose of lighting the streets or places; the planting of trees thereon, and to order any work to be done which shall be deemed necessary to so improve the whole or any portion of such streets or places of property or rights-of-way of the City.

(Prior code 7400.1; Ord. 537)

The Council may include in one proceeding, and under one resolution of intention, any of the different kinds of work mentioned in this chapter, and any number of streets or places or portions thereof, contiguous or otherwise, and it may except therefrom any of the work already done upon a street to the official grade.

(Prior code 7400.2; Ord. 537)

• A. Before ordering any work done or improvement made, the Council shall pass a Resolution of Intention to do so, referring to each street or place proposed to be improved by its lawful or official name, or the name by which it is commonly known.

• B. It shall not be necessary to describe in detail such work or improvements, but in such resolution reference may be made to the specifications, plans, cross-sections or profiles or any or all thereof, on file in the office of the City Engineer for further particulars and description of such work or improvement. The resolution shall contain also a notice of the day, hour and place when and where any and all persons having any objections to the proposed work or improvements may appear before the Council and show cause why the proposed improvement should not be carried out in accordance with the resolution.

• (Prior code 7401; Ord. 537)

The time of hearing of objections shall not be less than 15 nor more than 50 days from the date of the passage of the resolution.

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City of Orange, CA § 12.08.050

ORANGE CODE

§ 12.08.100

(Prior code 7401.2; Ord. 537)

Whenever any such proposed work or improvement is, in the opinion of the Council, of more than local or ordinary public benefit, the Council may make the cost and expense of such work or improvement chargeable upon a district, which district shall in such Resolution of Intention be described by specifying the exterior boundaries thereof and declare it to be the district to be benefited by such work or improvement and to be assessed to pay the cost and expenses thereof. (Prior code 7401.3; Ord. 537)

The resolution referred to in Section 12.08.040 and all other notices provided by this chapter shall be published one time, unless otherwise provided, in a newspaper of general circulation published in the City.

(Prior code 7402; Ord. 537)

• A. After the adoption of the Resolution of Intention, the Street Superintendent shall cause notices thereof to be conspicuously posted, in such street or public place where such work is to be done or improvement made, not more than 300 feet apart, and not less than three in all. When an assessment district is established in the Resolution of Intention, such notices shall be posted, also, along the streets or public places within the district, and not more than 300 feet apart.

• B. A failure to post such notices shall not be held to invalidate the proceedings in any manner or affect the validity of any assessment levied under this chapter.

• C. The notices shall be headed "NOTICE OF ASSESSMENT," printed in type or letters of not less than one inch in height, and shall state the fact of the passage of the resolution, its date of approval, and briefly the general character of the work or improvement proposed, and shall refer to the resolution for further particulars.

(Prior code 7403—7403.2; Ord. 537)

At any time not later than the time set for hearing objections, the owner of any real property liable to be assessed for the proposed improvement may file with the City Clerk, addressed to the Council, a written protest against the proposed work or improvement, or the extent of the district proposed to be assessed, or both, and no other protest shall be considered. At the time set for hearing protests, the Council shall hear such protests, and pass upon the same, and its decision thereon shall be final and conclusive, and whereupon it shall acquire jurisdiction to order the proposed work done.

(Prior code 7404; Ord. 537)

The affidavit of the proprietor, foreman or clerk of the newspaper publishing the resolution, showing such publication, and the affidavit of the Street Superintendent, or of the person or

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City of Orange, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.08.100

§ 12.08.130

persons posting such notices, shall be filed in the office of the City Clerk. (Prior code 7405; Ord. 537)

• A. If no protest is made, or upon the overruling of such protest or protests, if made, the Council may pass a resolution ordering the work and directing the Street Superintendent to do the work and make the improvement described in the Resolution of Intention.

• B. The owners of three-fourths of the area of lots and property liable to be assessed, or their agents, may, within 10 days after the passage of the resolution ordering the work, elect to take and enter into a written contract to make the improvement, under the specifications and subject to the regulations as may be provided by the Council or by ordinance.

• C. Should the owners fail to elect to do the work and to enter into such a contract within the 10 days aforesaid, it shall be the duty of the Street Superintendent to proceed with the making of the improvement.

(Prior code 7406—7406.2; Ord. 537)

• A. Whenever, in the opinion of the Council, it is to the advantage of the City that the proposed work or improvement, or any part thereof, be done by private contract, the resolution ordering the work to be done shall recite that it is to the advantage of the City that the work or improvement or part thereof be done by private contract.

• B. The resolution shall direct the Street Superintendent on behalf of the City to enter into a contract for the doing of the work or improvement, or any part thereof.

• C. The Street Superintendent shall thereupon advertise for bids for the doing of the work or improvement. The notice inviting bids shall set a date for the opening of bids. The first publication or posting of the notice shall be at least 10 days before the date of opening the bids. Notice shall be published at least twice, not less than five days apart, in a newspaper of general circulation, printed and published in the City. The notice shall state the time and place, when and where bids will be received and shall describe the work by reference to the plans and specifications on file therefor.

• D. Bids for the doing of the work shall be publicly opened and declared by the Council.

• E. The contract therefor shall be let to the lowest responsible bidder, who shall furnish bonds satisfactory to the Council for the performance of the contract.

• F. All sums paid by the City under such contract for the doing of any work or improvements, or part thereof, and expenses incident to the contract, shall be included by the Street Superintendent as items in computing the cost of the work or improvement.

• (Prior code 7407—7407.5; Ord. 537)

Upon the completion of the work or improvement, the Street Superintendent shall compute the cost of such work or improvement and assess the property benefited thereby as follows: If the assessment is to be made on the frontage plan, he or she shall assess the benefits accruing to

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City of Orange, CA

ORANGE CODE

§ 12.08.130

§ 12.08.170

the property fronting or abutting upon such work or improvement, in proportion to its frontage. Whenever the improvement or work is to be assessed upon a district, the Street Superintendent shall make a diagram of the property benefited and proposed to be assessed, as described in the Resolution of Intention. Such diagram shall show each lot, piece or parcel of land, and the relative location of same to the improvement, and he or she shall estimate upon the land, lots or portion of land in the assessment district, as shown by the diagram, the benefits accruing from said work or improvement, and to be received by each such lot, portion or lot, piece or subdivision of land, and in so doing shall assess the total sum upon the several pieces, parcels, lots or portions of lots and subdivisions of land in said assessment district benefited thereby, towit: Upon each, respectively, in proportion to the estimated benefits to be received by each of the several lots, portions of lots, subdivisions of land. (Prior code 7408; Ord. 537)

The amount of such assessment shall become a lien against the property so assessed as of the date of its recordation as hereinafter provided, and shall thereupon become due and payable to the City. (Prior code 7408.1; Ord. 537)

The cost of doing such work or making such improvement in front of property owned by the City, or by the United States or the state or a school district or other public agency and devoted to public use, shall be paid by the City out of such fund as the Council shall direct, or may be charged against the balance of the district created in the improvement proceedings. (Prior code 7408.2; Ord. 537)

Where any work mentioned in this chapter (manholes, culverts, sewers and crosswalks excepted) is done on one side of the centerline of any street, or sewering or resewering is ordered to be done under the sidewalk on only one side of any street or any length thereof, the assessment for the expenses thereof shall be made only on the lots and lands fronting nearest on that side of the street and for intervening sections only upon the two quarter blocks adjoining and cornering upon that side.

(Prior code 7408.3; Ord. 537)

• A. The Street Superintendent shall provide a suitable record book entitled "Assessments and Liens for Public Work or Improvement."

• B. In said book there shall be entered the name of the owner of each lot or portion thereof assessed (if such owner is unknown, the word "unknown" shall be substituted for the name of the owner) and a brief description of the work or improvement; a description of such property as the same appears on the assessor's books of the City; the amount assessed against the property; the date of the assessment; the penalty for delinquency in the payment thereof; the total amount chargeable against the property at the date of sale thereof; if sold, date of sale, name of purchase, date of redemption from such sale, name of redemptioner, amount paid to redeem same, and date of deed to City.

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City of Orange, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.08.170

§ 12.08.220

(Prior code 7409, 7409.1; Ord. 537)

No error in the name of the property owner and no error in the description of the property shall affect the validity of the lien provided for in this chapter, provided that the description is such that the property referred to may be identified therefrom. (Prior code 7410; Ord. 537)

When the entries in the record book provided for by this chapter respecting any street have been made by the Street Superintendent, he or she shall cause to be published notice thereof for two successive issues in a newspaper of general circulation published in the City. (Prior code 7411; Ord. 537)

• A. Any property owner affected by proceedings taken under this chapter aggrieved by any act or determination of the Public Works Department, or of the Council in relation thereto, or who may claim that the work or improvement has not been done or made in professional manner, or having any objection to the correctness or legality of the entries in the record book by the Street Superintendent may, within 30 days of the date of the first publication of the notice provided in Section 12.08.190, make and file with the City Clerk an objection in writing, which shall briefly specify the grounds of his or her objection or protest. All such objections and protests shall be heard at the regular meeting of the Council next succeeding the expiration of the time for filing the same, or the Council may at such meeting fix a time and place therefor.

• B. Upon hearing such objection or protest, the Council may remedy or correct any error or informality in the proceedings, and revise and correct any of the acts or determinations of the Street Superintendent, relative to the work, and may confirm, amend, set aside, alter, modify or correct the charges entered in the book in such manner as it shall seem just.

• C. The decisions and determinations of the Council shall be final and conclusive upon all persons entitled to object or protest under the provisions of this section.

• (Prior code 7412—7412.2; Ord. 537; Ord. 03-25, 2/25/2025)

Any action to contest the validity of an assessment levied by the Council under the provisions of this chapter must be commenced within 30 days after the decision and determination of the Council or within 30 days after the commission or omission of the act complained of, as the case may be.

(Prior code 7413; Ord. 537)

No lien herein provided for shall be extinguished until the amount thereof is paid in full or a valid deed of the property subject thereto is given by the Street Superintendent provided in this chapter.

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City of Orange, CA § 12.08.220

ORANGE CODE

§ 12.08.270

(Prior code 7414; Ord. 537)

Commencing in the first week in each month, the Street Superintendent shall cause to be published for two successive issues in a newspaper of general circulation published in the City a list of all liens which shall have been due and unpaid for a period of 30 days or more at the time of the first publication of the list. (Prior code 7415; Ord. 537)

The list provided for in Section 12.08.230 shall contain the name of the owner of each parcel of property upon which there is due any assessment under this chapter, or if the name of such owner does not appear in the book entitled "Assessments and Liens for Public Work or Improvement," then the fact that lien is entered against "unknown owner," a description of the property, and the total amount necessary to satisfy such lien, with a notice that unless such lien is paid in full before 12:00 noon on the first Monday of the month next succeeding the month in which the list is published, five percent of the amount of such lien shall be added thereto for delinquency, and that upon the first Tuesday of the month next succeeding the month in which each lien is published, each parcel of property against which a lien remains unpaid will at the hour of 10:00 a.m. at the office of the Street Superintendent in the City, by operation of law and the declaration of the Street Superintendent, be sold to the City for the amount of such lien and delinquency penalty.

(Prior code 7415.1; Ord. 537)

The Street Superintendent shall also, at least 15 days before the sale provided for in Section 12.08.240 mail a copy of the notice to the owner of each parcel of property to be sold, at his or her place of residence or business, if known. The Street Superintendent shall enter in the record book the date of each of the sales, the amount for which sold, and note that the same was sold to the City.

(Prior code 7415.2; Ord. 537)

Any error in the name of the owner in the notice or record book shall not affect the validity of the assessment or lien.

(Prior code 7415.3; Ord. 537)

• A. Whenever property has been sold for any assessment under this chapter and remains unredeemed, the assessor shall enter upon the assessment book of the City, immediately after the description of the property assessed for municipal tax, the fact that the property has been sold to the City, and the date of such sale.

• B. Upon all bills or statements for taxes accruing on property, subsequent to the date of sale and prior to redemption, or the execution by the City of a deed therefor, shall be distinctly and legibly written, printed or stamped the words "sold for assessment," and also the date

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City of Orange, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.08.270

§ 12.08.300

of such sale.

(Prior code 7416, 7416.1; Ord. 537)

• A. The redemption of any parcel of property sold for delinquent assessment hereunder may be made at any time within one year from the date of sale by paying to the City the amount for which the property was sold and in addition thereto one percent thereof for each month or fraction of a month from the date of such sale to the date of such redemption.

• B. When redemption is made, the Street Superintendent shall note that fact in the book entitled "Assessments and Liens for Public Work or Improvement" in an appropriate column, entering therein the date of redemption, the person by whom redeemed, and the amount paid.

(Prior code 7417, 7417.1; Ord. 537)

• A. At the expiration of 12 months from the date of sale, the Street Superintendent shall execute a deed to the City of the property sold, in which shall be recited a description of the property sold and unredeemed, the name of the owner thereof, as it appears in the book entitled "Assessments and Liens for Public Work or Improvement," a statement that such property was sold for delinquent lien for such work or improvement, the amount for which the property was sold, together with all penalties thereon, and the date of sale.

• B. The deed shall convey absolute title to the property therein described and shall be prima facie evidence of all matters therein recited, and of the regularity of all proceedings prior to the execution thereof.

(Prior code 7418, 7418.1; Ord. 537)

Any person who pays the costs of public improvements beyond the centerline of any City street as directed by the Director of Public Works in accordance with the municipal code shall be reimbursed for the costs of such public improvements which have been attributed to those costs beyond the centerline of the City street, from abutting land owners who have made no payments toward the construction costs of the public improvement. No building permit shall be issued to any person until such costs have been collected by the Director of Public Works. All such payments shall be kept in an appropriate fund and be disbursed semiannually to persons paying the original construction costs, their heirs, or assigns. The charges herein collected by the City shall belong to the City if such collection is made 10 years after the construction of the street. (Prior code 7205; Ord. 714)

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City of Orange, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.16.010

§ 12.16.020