San Jose Municipal Code Part 2 Public Improvement Procedure

Public work and improvements in and upon public streets, avenues, lanes, alleys, courts, places, sidewalks and other public property and rights-of-way, in whole or in part, including property over which the immediate possession and right of use has been obtained under the provisions of Section 14 of Article I of the Constitution of the state, in which the whole or any part of the cost thereof is to be paid by special assessment upon the lands benefitted thereby, shall be done and the proceedings therefor shall be had and taken according to the procedure provided therefor in and by this part of this Chapter.

(Prior code § 2600.1.)

A. The city council is vested with the powers provided in this chapter, in the Improvement Act of 1911 of the state of California (Section 5000 et seq., of the Streets and Highway Code), as amended and the Municipal Improvement Act of 1913 of the state of California (Section 10000 et seq., of the Streets and Highway Code), as amended.

B. Whenever the city council elects to employ the Municipal Improvement Act of 1913, the additions, deletions and modifications set forth in this chapter shall apply.

(Prior code § 2600.2; Ord. 22550.)

A. For all public work and improvements performed, and assessments for costs and expenses made, confirmed and collected, and serial bonds issued, collected and paid, the procedure followed shall be as set forth in the Improvement Act of 1911 or in the Municipal Improvement Act of 1913 as modified in this chapter. The city council shall determine by resolution whether to proceed under the Improvement Act of 1911 or the Municipal Improvement Act of 1913.

B. Preliminary steps leading toward the levy of a special assessment for an improvement may themselves be deemed, at the discretion of the city council, to be an improvement and their costs may be separately assessed. The city council may adopt a resolution of intention stating its determination to levy assessments for preliminary steps.

C. Preliminary steps include, but are not limited to, the preparation of environmental impact reports and other feasibility and design studies, appraisals, construction plans and cost estimates; elections pursuant to Chapter 2.5 of the Municipal Improvement Act of 1913; all actions to secure permit approvals and contracts for the improvement from governmental agencies or public utilities; validation and other judicial actions as may be required to establish the authority for instruction or acquisition of the improvement and the levy of assessments and issuance of improvement bonds; negotiations and proceedings in eminent domain for the acquisition of real property required for the improvement; and preparation of the report described in Section 10402 of the Streets and Highway Code.

D. An assessment for preliminary steps may be levied after an election as provided in Chapter 2.5 of the Municipal Improvement Act of 1913 or at the discretion of the city council, after a hearing as provided in Chapter 4 of the Municipal Improvement Act of 1913.

E. Improvement bonds may be issued to be secured by assessments for preliminary steps in the same manner as assessments for other improvements.

F. The validity and enforceability of assessments and bonds for preliminary steps shall not be dependent upon the later construction or acquisition of the improvement.

G. Unless the context of the Municipal Improvement Act of 1913 otherwise requires, all provisions, additions and requirements of the Municipal Improvement Act of 1913 shall apply to assessments for preliminary steps in the same manner as assessments for any improvement.

(Prior code § 26003; Ord. 22550.)

In cases where bonds are not ordered to be issued pursuant to any of the provisions contained in this chapter and where assessments are not paid within thirty-five days from the date of the warrant, then the contractor, or his assignee, may sue, in his own name the owner of the land, lots or portions of lots assessed, and in such case such action may be taken and proceedings had as set forth in Section 27 of the Act cited in Section 14.16.260, as the same was amended prior to and was in effect on January 1, 1936; provided, however, that the attorney's fees therein shall be in such amount as may be deemed reasonable and shall be fixed by the court.

(Prior code § 2600.4.)

Should suit not be filed, as in this section provided, then it shall be the duty of the superintendent of streets on or before the fourth Monday of the following September to certify to the county tax collector a list of the properties within the city upon which there is a lien for such delinquent assessments, as shown by the records of the street superintendent. Said tax collector shall cause to be pasted or attached or printed or stamped upon the tax bill or tax receipt of said property for said year a notice which shall, in substance, be as follows:

NOTICE OF ASSESSMENT

"There is a special improvement assessment lien upon this property which must be paid to the City Street Superintendent to avoid foreclosure."

(Prior code § 2600.5.)

When said proceedings are for repairs, and the council shall elect to collect same with the municipal taxes, the notice of lien shall be sent to the county auditor, and shall include a statement of the interest on each assessment at six percent per year from the date of confirmation of such report to and including the thirty-first day in December of the fiscal year in which said assessment is to be so collected, and said amounts shall be collected with the first installment of said taxes.

(Prior code § 2600.6.)