San Anselmo Municipal Code Ch. 4 Street Obstructions

No person shall erect, construct, or maintain any obstruction in or upon any public street, highway, roadway, alley, or lane without first having obtained a permit so to do. It is hereby declared that the public convenience, necessity, welfare, and safety require that all public streets, highways, roadways, alleys, and lanes be kept free and clear of any and all obstructions of such character as to impede in any degree the full use thereof by the public or so as to impede in any degree the flow of drain waters over and upon such streets, curbs, or gutters.

(§ 1, Ord. 421)

Any person desiring to temporarily obstruct a portion of any street, highway, roadway, alley, or lane shall secure a permit as provided in Sections 7-3.02 through 7-3.09 of Chapter 3 of this title.

(§ 2, Ord. 421, as amended by § 3, Ord. 802, eff. June 11, 1981)

(§ 3, Ord. 421; repealed by § 3, Ord. 802, eff. June 11, 1981)

It shall be unlawful for any person to violate any of the provisions of this chapter and, in addition, it is declared that any obstruction to any public street, highway, roadway, alley, or lane in the Town is hereby declared to be a public nuisance, unless a permit for such obstruction has been first obtained.

(§ 4, Ord. 421)

When any portion of any street, highway, roadway, alley, or lane has had constructed or maintained thereon any obstruction, the Director of Public Works shall notify the owner or person in possession of the property fronting on that portion of such street, highway, roadway, alley, or lane to remove such obstruction and repair any damage to such street, highway, roadway, alley, or lane done or caused by the removal of the obstruction.

(§ 5, Ord. 421, as amended by § 3, Ord. 802, eff. June 11, 1981)

Notice to remove the obstruction or repair the street may be given by delivering a written notice personally to the owner or the person in possession of the property fronting upon the street where the obstruction is maintained, or by mailing a postcard, registered mail, return receipt requested, 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 the Town, or to the name and address of the person owning such property as shown in the records of the Town Clerk.

(§ 6, Ord. 421)

The notice shall particularly specify what work is required to be done, how it is to be done, and what materials shall be used in any repairs necessary to the street and shall further specify that if the repairs are not commenced and completed within twenty-four (24) hours after notice is given, if the notice is delivered personally, or forty-eight (48) hours, if the notice is otherwise served as provided in Section 74.06 of this chapter, the Director of Public Works shall make such repairs, and the cost of such repairs shall be a lien on the property.

(§ 7, Ord. 421, as amended by Ord. 725, eft. February 3, 1977, and § 3, Ord. 802, eff. June 11, 1981)

If the obstruction is not removed and the repairs to the street not prosecuted to completion within the time prescribed in Sections 7-4.06 and 7-4.07 of this chapter and as required by the notice, the Director of Public Works shall thereupon remove the obstruction and repair any damage to the street.

(§ 8, Ord. 421, as amended by Ord. 725, eff. February 3, 1977, and § 3, Ord. 802, eff. June 11, 1981)

Upon the completion of the removal of the obstruction and any repairs necessary, the Director of Public Works shall cause a notice of the costs of the removal and repairs to be given in the manner specified in this chapter for the giving of notice to remove an obstruction, which notice shall specify the date, hour, and place when and where the Council will hear and pass upon a report by the Director of Public Works of the total cost of removing the obstruction and the necessary repairs to the street, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the costs of such repairs and any other interested person.

(§ 9, Ord. 421, as amended by § 3, Ord. 802, eff. June 11, 1981)

Upon the completion of the removal of the obstruction and any necessary repairs to the street, the Director of Public Works shall prepare and file with the Council a report specifying the work which has been done, the cost of such work, 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 the removal of obstructions or repairs to any number of parcels of property, whether contiguous to each other or not.

(§ 10, Ord. 421, as amended by § 3, Ord. 802, eff. June 11, 1981)

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 objections or protests which may be raised by any of the property owners liable to be assessed for the work of removing the obstruction and repairs to the street, and any other interested person. Thereupon, the Council may make such revisions, corrections, 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 hearing from time to time. The decision of the Council on all protests and objections which may be made shall be final and conclusive.

(§ 11, Ord. 421, as amended by § 3, Ord. 802, eff. June 11, 1981)

The costs of removing the obstruction and repairs may be assessed by the Council against the parcel of property fronting upon the street upon which the obstruction was removed and repairs made. Such costs so assessed, if not paid within five (5) days after confirmation by the Council, shall constitute a special assessment against that parcel of property and shall be a lien upon the property for the amount thereof, which lien shall continue until the assessment and all interest thereon is paid or until it is discharged of record.

(§ 12, Ord. 421, as amended by § 3, Ord. 802, eff. June 11, 1981)

The Director of Public Works may file in the office of the County Recorder of the county in which the parcel of property is located a certificate substantially in the following form:

NOTICE OF LIEN

Pursuant to the authority vested in me by Chapter 4 of Title 7 of the San Anselmo Municipal Code, I did, on _______ the day of ___________, 19___ , cause an obstruction on the street in front of the real property hereinafter described to be removed and the street to be repaired, and the Town Council of the Town of San Anselmo did, on the _______ day of ___________, 19___, by Resolution No. _______ assess the costs of such repair upon the real property hereinafter described, and the same have not been paid, nor any part thereof, and the Town of San Anselmo does hereby claim a lien on said real property in the sum of $_______, and the same shall be a lien upon said real property until the said sum, with interest at the rate of 6 percent per annum from the said _______ day of ___________, 19___, has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the Town of San Anselmo, County of Marin, State of California, and particularly described as follows:

(Description of property)

Dated this _______ day of ___________, 19___.

s/Director of Public Works

(§ 13, Ord. 421, as amended by § 3, Ord. 802, eff. June 11, 1981)

The Council, after the confirmation of the report of the Director of Public Works, may order the notice of lien to be turned over to the Assessor and the Tax Collector of the Town, whereupon it shall be the duty of such officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land.

(§ 14, Ord. 421, as amended by § 3, Ord. 802, eff. June 11, 1981)

Thereafter the amount of the lien shall be collected at the same time and in the same manner as Town property 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 Town property taxes. All laws applicable to the levy, collection, and enforcement of Town and County taxes are hereby made applicable to such special assessment taxes.

(§ 15, Ord.421)