Sacramento Municipal Code Ch. 8.88 Stagnant Water

Whenever it shall satisfactorily appear to the city council that any lots or portions of lots situated within the city are covered with stagnant water for any portion of a year, and in the opinion of the council such lots or portions of lots should be filled up to such level or grade as will prevent the same from being so covered, the city council shall so determine and shall cause to be entered in its minutes of proceedings an order which may be in substance in the following form:

The city council of the City of Sacramento hereby determines that (here describe the lots or portions of lots), situated in the said City of Sacramento, is (or are) covered with stagnant water for a portion of the year. It is therefore ordered that the owner or owners thereof fill up the same to such level or grade as will prevent the same from being so covered, and that in the event of a failure so to do, the City of Sacramento will fill up the same at his or their expense.

(Prior code § 21.04.018)

Notice of the city council's order shall be given by posting a copy thereof conspicuously for two days on or near the chamber door of the city council and by posting a copy thereof on some part of the lot or portion of the lot described in the order. (Prior code § 21.04.019)

The owner of any lot, or portion thereof, included in an order may, at any time prior to awarding a contract for doing the work of filling in the lot, present and file with the city council a protest against the filling up of such lot, or portion thereof, as contemplated by the order, on the ground that such lot, or portion thereof, is not, during any portion of the year, covered with stagnant water. And if, on hearing of such protest, the city council finds the same to be true, it shall, by its order, exclude such lot, or portion of a lot, from their original order; but, if the city council finds the protest to be not true, they shall proceed as if no such protest had been presented or filed. (Prior code § 21.04.020)

Any owner of real estate, or of a subdivisional part thereof, on which there is stagnant water, who may have commenced and done a portion of the work before the time of receiving bids shall have expired, shall have the right to do the work to completion of his or her own portion thereof, upon giving bond, with two or more sureties, in a sum to be fixed by the city council, should he or she, at any time prior to the last day for receiving bids, notify the city council, in writing, of his or her intention to do so. The bond must be filed within five days after the amount shall be fixed by the council and must be approved by the mayor. (Prior code § 21.04.021)

At any time after the expiration of five days after the making of an order by the city council, the council shall invite proposals for doing the work of filling in the lot, and shall fix a time within which the work must be done, and the council shall cause notice thereof to be published in a newspaper printed and published in the city, as often as three times a week for two consecutive weeks. The notice may be substantially in the following form:

The city council of the City of Sacramento, at its regular meeting held on the _____ day of __________, 19_____, made the following order: (here insert order). Sealed bids will be received for doing the work of filling up said real estate, at the office of the city clerk, until the _____ day of __________, 19_____. Bids must include all the work for a gross sum, or for a price per yard of the amount of earth used in doing the work. The work must be completed within _____ days after the acceptance of the bid.

(Prior code § 21.02.022)

Each bidder to do filling-in work on a lot must accompany his or her bid with a certified check on some responsible bank in a sum equal to twenty-five (25) percent of his or her bid, which check must be payable to the order of the city, and which check shall be forfeited, if his or her bid be accepted, in case he or she fails to give bonds for the completion of the work in accordance with his or her bid and the notice to bidders. A deposit of money of like amount may be made in lieu of a check, which shall be forfeited in like manner. Upon the presentation and approval by the city of a proper bond, the check or money, as the case may be, shall be returned. (Prior code § 21.04.023)

In no case shall the city be liable for any portion of the expense of filling in a lot, and it shall be distinctly understood, whether inserted in any contract or agreement or not, that the city shall not be liable in any manner for any of the expenses incurred by virtue of, or pursuant to, this chapter. (Prior code § 21.04.024)

The entire expense of doing the work of filling in a lot, including the expense of advertising and the services of the city engineer, shall be assessed and apportioned against and upon such real estate ratably, and such apportionment shall be made by the city engineer as the work is completed, who shall make a list thereof, and file the same with the city clerk. If no objections are made to the assessment within five days after the same is so filed, the assessment shall become final and conclusive. If objections are made, the city council shall fix a day for hearing the same, and shall equalize the assessment so as to be fair and just. After the lapse of such five days, if no objections are made, or after the city council shall have passed upon them, if made, the assessment shall be final and conclusive, and shall be immediately due and payable, and shall constitute a lien upon the real estate, which lien shall relate to and take effect as of the date of the acceptance of the bid and approval of the bond of the bidder for doing the work. (Prior code § 21.04.025)

Any person desiring to pay the assessment on any real estate or subdivision of real estate, subject to the assessment lien, shall be furnished by the city engineer with an account of the expense chargeable against such real estate or subdivision, which may be paid directly to the person doing the work, or to the assessor-collector, for him or her, and such payment shall discharge the real estate or subdivision of real estate from the lien. (Prior code § 21.04.026)

Immediately after any assessment shall become payable, it shall be placed in the hands of the city attorney, who shall advertise notice once a week for three consecutive weeks in some newspaper published in the city, to the effect that if the assessment be not paid within the time stated in the notice, which time shall be fixed by the city council, suits will be commenced to enforce the collection thereof, and the attorney shall commence and prosecute suits against all persons delinquent. (Prior code § 21.04.027)

The provisions of this chapter shall be construed liberally and no defect or variance in any of the proceedings herein shall vitiate any assessment, unless the owner, before the commencement of the work, points out such defect or variance to the city council and gives the council the opportunity to rectify the same, and no variance or defect occurring after the commencement of the work shall in any way invalidate or vitiate the assessment or lien. (Prior code § 21.04.028)