San Leandro Municipal Code Art. 1 General

(Legislative History: Ordinance No. 96-03, 3/4/96 (Sections 2-12-100—2-12-140))

The purpose and intent of this Article is to establish a method whereby the cost of all improvements, renovations and repairs to public and privately owned Property as may be necessary to comply with the provisions of Article IIA of Title VII, Chapter 5 of the San Leandro Municipal Code Relating to Unreinforced Masonry Wall Buildings may be assessed to property which is receiving special benefit therefrom.

Any proceedings taken or assessment levied pursuant to this Article shall not be held invalid for failure to comply with the provisions of this Article, provided such failure is not a constitutional defect.

Any procedure not expressly set forth in this Article but deemed necessary or convenient to carry out any of its purposes is authorized.

The remedies provided in this Article for enforcement of any assessment levied pursuant to this Article are not exclusive, and additional remedies may be provided at any time.

Proceedings under this Article may be abandoned at any time prior to the confirmation of the assessments.

This Article does not affect other law relating to the same or any similar subject, but provides an alternative authority and procedure for the subject to which it relates. When proceeding under this Article, its provisions only need be followed.

This Article is to be liberally construed.

The Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code), as amended from time to time, is incorporated in and made a part of this Article. Except as otherwise provided by this Article, the mode and manner for making improvements and for levying and collecting assessments shall be as prescribed in the Municipal Improvement Act of 1913.

Whenever the public interest or convenience requires, the City may use the powers of this Article to pay, or make funds available to enable the owners of lots or parcels of real property within the district to pay, for all work deemed necessary by the City to bring real property or buildings, including privately owned real property or buildings, into compliance with Article IIA relating to unreinforced masonry wall buildings. Any financing for such work on a residential structure containing units rented by households specified in Section 50079.5 of the Health and Safety Code shall be subject to a regulatory agreement that will ensure that the number of those units in the structure will not be reduced and will remain available at affordable rents pursuant to Section 50053 of the Health and Safety Code as long as any assessments levied pursuant to this section on the parcel on which the structure is located remain unpaid. No lot, parcel, or building shall be included in the district without the owner's consent.

The City Council hereby declares that the use of public funds pursuant to this section for compliance with Article IIA constitutes a public purpose resulting in a public benefit. The use of funds pursuant to this section shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. A district created to finance work under this Article may include areas of territory that are not contiguous, and shall be subject to the provisions of subsections (c) through (f) of Section 10100.2 of California Streets and Highways Code.