Chapter 4.108 — SEISMIC AND FIRE SAFETY IMPROVEMENT ASSESSMENT DISTRICTS

This chapter shall be known and may be cited as the "seismic and fire safety improvement assessment district financing law" and shall be referred to herein as the "law."

(Ord. 6561 § 2 (part), 1993)

A.

This law is adopted pursuant to the power granted to the city by the Charter and by the Constitution of the state of California and is an exercise by the city of its police power and of its power to govern its municipal affairs.

B.

This law provides an alternative method of financing certain seismic and fire safety improvements and related structural repairs to buildings located within the boundaries of the city which are subject to Chapter 14.06 of the Pasadena Municipal Code (Earthquake Hazard Reduction in Existing Unreinforced Masonry Buildings) and/or Chapter 14.25 of the Pasadena Municipal Code (Fire and Life Safety Protection Systems). The provisions of this law shall not affect or limit any other provisions of law authorizing or providing for the financing, construction or installation of such seismic or fire safety improvements or repairs. The city may use the provisions of this law instead of or in conjunction with any other method of financing part or all of the cost of constructing or installing the seismic or fire safety improvements and repairs to such buildings.

(Ord. 6561 § 2 (part), 1993)

Any provision in this law which conflicts with any general law or act shall prevail over the other such provision in connection with any proceedings taken pursuant to this law. In the event any portion of this law shall be declared illegal, unenforceable or unconstitutional, such provision shall be deemed severable from the rest of the provisions of this law.

(Ord. 6561 § 2 (part), 1993)

The council may take actions or make any determinations which it determines are necessary or convenient to carry out the purposes of this law and which are not otherwise prohibited by applicable law.

(Ord. 6561 § 2 (part), 1993)

A.

All provisions of Section 10100.2 of the California Streets and Highways Code which authorize the legislative body to use the powers granted to it under the Municipal Improvement Act of 1913 (codified as California Streets and Highways Code Section 10000 et seq.) to pay, or to make funds available to enable the owners of lots or parcels of real property within the assessment district to pay, for work deemed necessary to bring real property or buildings, including privately owned real property or buildings, into compliance with seismic safety standards or regulations are adopted and incorporated herein by this reference with the same force and effect as though specifically set forth herein; provided, however, that:

Whenever the public interest or convenience requires, the council may use the powers of the Municipal Improvement Act of 1913 to pay, or make funds available to enable the owners of lots or parcels of real property within the district to pay, for work deemed necessary or incidental to bring real property or buildings, including privately owned real property or buildings, into compliance with seismic safety standards or regulations; and

Only work certified as necessary or incidental to comply with seismic safety standards or regulations by local officials may be financed.

B.

All provisions of Section 10100.3 of the California Streets and Highways Code, which authorized the legislative body to use the powers granted to it under the Municipal Improvement Act of 1913 to pay for work or to make loans deemed necessary to bring buildings, including privately owned buildings, into compliance with fire safety standards or regulations, are adopted and incorporated herein by this reference with the same force and effect as though specifically set forth herein; provided, however, that:

Whenever the public interest or convenience requires, the council may use the powers of the Municipal Improvement Act of 1913 to pay, or to make loans or otherwise make funds available to enable the owners of lots or parcels of real property within the district to pay, for work deemed necessary or incidental to bring buildings, including privately owned buildings, into compliance with fire standards or regulations;

Only work certified as necessary or incidental to comply with fire safety standards or regulations by local officials may be financed; and

A district created to finance fire safety or repair work pursuant to this section may include areas of territory that are not contiguous.

C.

All proceedings taken hereunder for the formation of assessment districts, the levy of assessments or the issuance of bonds shall conform to the procedures fixed and established by the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915 (codified as California Streets and Highways Code Section 8500 et seq.) (hereinafter, the "Acts"), as now or hereafter amended; provided, however, that:

Any provision contained in such Acts requiring the mailing, publication or posting of notices or requiring a public protest hearing within a specified time period may be waived or modified with the consent of all of the owners of parcels of land included within an assessment district. Any such waiver or modification shall be in writing and shall be executed by each owner of each parcel of land included or proposed to be included in the assessment district. Any such written waiver or modification may be executed by an owner in counterparts. If the city clerk or the assessment engineer shall receive any such executed waiver or modification, it shall submit the same to the council for approval and, once approved by the council, such waiver or modification shall, for purposes of this law, be deemed an amendment to the provisions of such Acts with respect to the assessment district which is the subject of such waiver or modification;

At any time after the passage of the resolution provided for in subsection (a) of Section 10312 of the California Streets and Highways Code, the council may make changes in or modify the improvements or reduce the assessment with respect to a particular lot or parcel within an assessment district created for the purposes of this law with the written consent of the owner of that lot or parcel;

Any changes made within an assessment district created for the purposes of this law shall be made after notice and hearing, as provided in the Acts, except that changes may be made without prior notice or hearing under any of the following circumstances:

a.

At the hearing on the report, changes that do any of the following:

i.

Eliminate a portion of the assessment district without increasing the amount of any assessment or substantially affecting the distribution of benefits from the improvements,

ii.

Exclude territory which will not be benefitted by the remaining improvements without increasing the amount of any assessment, or

iii.

Modify the improvements or the assessment with respect to a particular lot or parcel within the assessment district with the written consent of the owner and without increasing the assessments on any other real property;

b.

At any time after the improvements are ordered and during the pendency of the proceedings to establish the assessment district pursuant to this law, to exclude territory that will not be benefitted by the remaining improvements without increasing the amount of any assessment by reason thereof;

c.

At any time after the adoption of the resolution provided for in subsection (a) of Section 10312 of the California Streets and Highways Code, to modify the improvements or to reduce the assessment with respect to a particular lot or parcel within the assessment district with the written consent of the owner thereof;

An action to determine the validity of any assessments, bonds, bond anticipation notes, contracts or improvements for the purposes of this law may be brought by the council, or by any person designated by the council, pursuant to Chapter 9 (commencing with Section 860) of Title 10 of the Code of Civil Procedure. For this purpose, an improvement shall be deemed to be in existence upon its authorization and an assessment upon its confirmation;

Wherever in said Acts the form of any document, instrument or bond is fixed, such form shall be deemed to be amended and modified to the extent necessary to adapt such form to the proceedings taken hereunder, and to contain references to this law in all instances in which language of such form as fixed by said Acts refers to said Acts; and

Any resolution of intention for proceedings to be taken hereunder shall contain a statement that the council elects to proceed under the provisions of this law.

(Ord. 6561 § 2 (part), 1993)

A.

Any action or proceeding to attack, review, set aside, void or annul any decision made pursuant to this law relating to any right or entitlement allowed or authorized by this law shall not be maintained by any person unless the action or proceeding is commenced within 30 days and the council is served within 60 days after the date of the decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of the decision or of the proceedings, acts or determinations.

B.

Nothing in this section shall relieve persons desiring to attack, review, set aside, void or annul any decision, or the proceedings, acts or determinations taken, done or made prior to such decision, from their obligation to exhaust any applicable administrative remedies prior to commencing any action or proceeding.

(Ord. 6561 § 2 (part), 1993)

This law, being necessary for the health, safety and welfare of the residents of the city, shall be liberally construed in order to effectuate its purposes. No error, irregularity or informality, and no neglect or omission of any officer in any procedure taken under this law which does not directly affect the jurisdiction of the council to order the work or the improvements, shall void or invalidate such proceedings or any assessment levied thereunder.

(Ord. 6561 § 2 (part), 1993)

The formation of an assessment district and the issuance of bonds to finance improvements hereunder shall not subject the city to liability under any state, federal or local law for any cause of action which may be brought with respect to the improvements installed or constructed pursuant to or in accordance with this law. Such improvements shall at all times be private improvements owned, built, controlled, operated and maintained by the private property owners and will not be public improvements for purposes of determining the liability of the city.

(Ord. 6561 § 2 (part), 1993)