San Bernardino Municipal Code Ch. 12.96 Installation and Maintenance of Landscaped Frontages on City…

(A) This chapter shall apply to the installation and maintenance of landscaping in front of properties in any specified block where frontages do not have landscaping which complies with city standards and development codes and provides for city participation with property owners for sharing the costs of installation on that portion of the property fronting on the right-of-way and the building set back area up to a maximum of 20 feet.

(B) This chapter shall apply to a lot or property fronting on, or otherwise adjacent to, or in conjunction with, specified street, arterial or collector street section or specified commercial zones as listed in the procedure resolution.

(C) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COST, INSTALLATION COST or variants thereof. Includes the actual cost of installation and/or maintenance of the landscaping and any incidental or administrative expenses.

DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT or DESIGNEE. Shall be responsible for review and approval of landscape development plans and specifications and final inspection after completion of construction phase.

FRONTAGES. All the property within the city rights-of-way and the building setback up to a maximum of 20 feet fronting and facing the streets and arterials in specified locations and commercial zones in the city.

(Ord. MC-786, passed 5-21-1991)

(A) When the owners of lots or portions of lots fronting on any portion of a public street have frontages existing which do not meet city codes and standards for landscape improvements on said lot or parcel of property, the owners may apply for city cost sharing assistance to install landscaping in conformance with the remainder of the block and in compliance with city approved plans and specifications.

(B) After applications for assistance and the agreement for joint city property owner participation are approved, the Director of Development Services shall notify the property owner to prepare landscape plans for approval and upon approval of plans to cause landscaping to be installed on the frontages. Landscape plans shall be reviewed and approved by the Director of Parks, Recreation and Community Services Department prior to commencement of landscape installation.

(Ord. MC-786, passed 5-21-1991; Ord. MC-1027, passed 9-9-1998)

Notwithstanding other provisions of this chapter or any other provision of law, the city may pay one-half of the cost of construction of landscaping located on the right-of-way and within the building setback area up to a maximum of 20 feet, at the discretion of the Development Services Director. The Development Services Director shall make such determination based on the cost of the construction, the ability of the property owner to pay and the cooperation exhibited by the property owner. Such determination shall be subject to appeal to the Mayor and City Council pursuant to Chapter 2.64.

(Ord. MC-786, passed 5-21-1991; Ord. MC-1027, passed 9-9-1998)

The owners of lots or portions of lots fronting on the city rights-of-way in the specified areas whenever the city has approved the application and signed the agreement to pay the 50% portion of the costs of the installation of such landscape improvements in front of said part shall have the duty of installation or causing the installation of landscaping in front of their properties upon notice so to do by the city.

(Ord. MC-786, passed 5-21-1991)

(A) The owners of lots or portions of lots fronting on any portion of the public right-of-way on the specified streets and arterials or in the specified commercial zones shall, after such property is improved, maintain that property in accordance with established city standards and in such condition that the improved area will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in its use.

(B) When the Director of Development Services finds any landscaped frontages which are not being maintained up to city maintenance standards or which are in condition to endanger persons or property or in condition to interfere with the public convenience in its use, the Director of Development Services shall notify the owners of the property fronting on that portion of such rights-of-way to perform maintenance of the landscaped frontages.

(Ord. MC-786, passed 5-21-1991; Ord. MC-1027, passed 9-9-1998)

(A) Notice to repair or maintain landscaping and appurtenant areas may be given by delivering a written notice personally to the owner of the property or to the person in possession of the property facing upon the city rights-of-way to be maintained or by mailing a written notice to the owner of the property thereof at his or her last known address as appears on the tax assessment rolls of the county. Immediately upon mailing the notice, the property shall be posted in a conspicuous place.

(B) The notice shall particularly specify what work is required to be done, where standard landscape maintenance requirements may be obtained showing how it is to be done and what materials and plants shall be used in the maintenance improvements and shall further specify that, if the maintenance is not commenced within 30 days after notice is given and diligently and without interruption prosecuted to completion, the Director of Development Services shall cause the maintenance to be done, and the cost of the same shall be billed to the property owner. Failure to pay invoices for landscape maintenance within 30 days shall result in a lien on the property.

(C) The notice shall specify the day, hour and place when the Mayor and City Council will hear objections or protests, if any, which may be raised by any property owner or other interested persons, but in no case shall such hearing be sooner than ten days after giving notice. Upon the day and hour fixed for the hearing, the Mayor and City Council shall hear and pass upon objections or protests and their decision shall be final and conclusive.

(D) If the required maintenance improvements are not commenced and prosecuted to completion with due diligence as required by the notice, the Director of Development Services shall forthwith make the required improvements.

(Ord. MC-786, passed 5-21-1991; Ord. MC-1027, passed 9-9-1998)

(A) Upon the completion of the maintenance improvements, the Director of Development Services shall cause notice of the cost of the maintenance improvements to be given in the manner specified in § 12.96.060, except for posting, said notice shall specify the day, hour and place when the Mayor and City Council will hear and pass upon a report by the Director of Development Services of the cost of the improvements, 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 maintenance improvements and any other interested persons. In no case shall the hearing provided for in this section be sooner than ten days after giving of notice.

(B) The cost of the maintenance improvements may include administrative expenses required for the proper coordination and functioning of the maintenance improvements in front of the parcel as determined by the Mayor and City Council.

(C) Upon the day and hour fixed for the hearing, the Mayor and City Council shall hear and pass upon the report of the Director of Development Services, together with any objections or protests which may be raised by any of the property owners liable to be assessed for such maintenance improvements and any other interested persons. Thereupon, the Mayor and City Council may make such revision, correction or modifications in the report as it may deem just, after which, by resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The Mayor and City Council may adjourn the hearings from time to time. The decisions of the Mayor and City Council, on all protests and objections which may be made, shall be final and conclusive.

(D) Upon confirmation of the above report, the Mayor and City Council may order the notice of lien to be turned over to the accounting officer of the city; whereupon, it shall be the duty of this officer to have the amount of the assessment added to the next regular bill for taxes levied against the lot or parcel of land. If the city taxes are collected by the county officials, the notice of lien shall be delivered to the County Auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the County Auditor before the date fixed by law for the delivery of the assessment book to the County Board of Equalization.

(Ord. MC-786, passed 5-21-1991; Ord. MC-1027, passed 9-9-1998)

(A) Time. No action, suit or proceeding to set aside, cancel, avoid, annul or correct any assessment or reassessment, or to review any of the proceedings, acts or determinations therein, or to question the validity of, or to enjoin the collection of the assessments or reassessments or to enjoin the issuance of bonds to represent the same, shall be maintained by any person unless such action is commenced within 30 days after the recording of the warrant, diagram and assessment or reassessment, and thereafter all persons shall be barred from any such action or any defense of invalidity of the assessment or of bonds issued thereon.

(B) Property unlawfully dedicated or acquired. No proceedings taken or had under this provision shall ever be held to be invalid on the ground that the street right-of-way, public property or any portion thereof upon which the work or any part thereof is or was done has not been lawfully dedicated or acquired; provided the same is lawfully dedicated or acquired, or an order for possession prior to judgment has been obtained.

(Ord. MC-786, passed 5-21-1991)