Santa Clara Municipal Code Art. I Definitions, Application, Effect and Remedies Generally

For the purposes of this title, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(a)

"Acquisition" or "improvement,"

when used, referring to that which is done, which is to be done, or which may be done under proceedings had under this Code, shall be understood to be generic and as being employed for the purpose of brevity and to avoid repetition, and shall refer to and include any or all of the things comprehended in the meaning of the words "acquire" and "improve" herein. Acquisition may be by gift, purchase, lease or eminent domain, and may be before, while or after it comes into being in relation to the resolution of intention.

(b)

"Block,"

whether it be a regular or irregular block, means a parcel larger than a lot which is bounded by a street or a boundary line of some other parcel which is not a part of it.

(c)

"Contractor"

shall mean the person, organization, business trust or contracting owners or their agents to whom a contract for the performance of any work authorized is awarded.

(d)

"General law"

or the word "act" or the reference to any law or act by its title shall mean an enactment of the legislature of the State. Unless otherwise provided in this title such law shall be as now or hereafter amended or codified at the time of adopting the resolution of intention in proceedings under this title.

(e)

The terms "lot," "land," "piece" or "parcel of land,"

whether used singly or in combination, shall include property owned or controlled by any person.

(f)

"Owner"

shall mean the person owning the fee or the person in whose name the legal title to the property appears, by deed duly recorded in the County Recorder's office of the County in which the property is situated or the person in possession of the property or buildings under claim of ownership or exercising acts of ownership over the same for himself/herself or as life tenant, as the executor, administrator or guardian of the owner. If the property is leased, the possession of the tenant or lessee holding and occupying such property shall be deemed to be the possession of the owner.

(g)

"Parking place"

shall include a parking lot, garage or subsurface structure, including the grading, paving, draining, sewering, lighting or otherwise improving of such lot and the buildings and improvements necessary or convenient for the parking of motor vehicles, including parking meters and other equipment and facilities necessary or convenient therefor, together with provisions necessary or convenient for ingress to and egress from such places.

(h)

"Paved" or "repaved"

shall include pavement of any commonly used paving material.

(i)

"Place"

shall include any public street, alley or easement or other public property which has been dedicated and accepted or is otherwise publicly owned according to law or which has been in common and undisputed use by the public for a period of not less than five years next preceding or which is sought to be acquired in any proceeding undertaken pursuant to this title or which is sought to be acquired in conjunction with any proceeding undertaken pursuant to this title.

(j)

"Project" or "improvement,"

when used in the generic sense, shall mean the acquisition or improvement undertaken in a singular proceeding.

(k)

"Quarter block,"

when used with reference to an irregular block, shall include all lots or portions of lots having any frontage on either intersecting street halfway from such intersection to the next street or, if no street intervenes, to a boundary line of some other parcel which is not a part of that block.

(l)

"Street"

shall include avenues, highways, lanes, alleys, crossings or intersections and courts which have been dedicated and accepted according to law or which have been in common and undisputed use by the public for a period of not less than five years next preceding or which have been dedicated to a semipublic use.

(m)

"Work" or "improvement,"

whether used singly or in combination, shall mean and include any work which is authorized to be done or any improvement which is authorized to be made under this title, as well as the construction, reconstruction and repair of all or part of any such work or improvement.

(Ord. 859 § 32; Ord. 1175 § 1, 11-7-1967; Formerly § 16-1)

This title shall be cited and referred to as the "Santa Clara Improvement Procedure Code."

(Ord. 859 § 1; Formerly § 16-2)

Proceedings for the acquisition or construction of any public improvement or property of a local nature or the acquisition of lands, easements, buildings, improvements or property may be had pursuant to this title, whether or not provided in any general law of the State.

(Ord. 859 § 3; Formerly § 16-3)

This title shall not apply to any proceedings in which the resolution of intention was adopted prior to the effective date hereof, excepting proceedings for a supplemental assessment, a reassessment or a refunding and the curative provisions hereof.

(Ord. 859 § 4; Formerly § 16-4)

The procedures or bond plans provided in this title are alternative.

(Ord. 859 § 5; Formerly § 16-5)

The provisions of this title shall not be exclusive, but the resolution of intention in any proceeding under an act or general law of the State may provide that such act or general law is supplemental by any part of this title.

(Ord. 859 § 6; Formerly § 16-6)

The provisions of this title shall be controlling over the provisions of any general law or act of the State in conflict herewith in any proceeding taken hereunder.

(Ord. 859 § 8; Formerly § 16-7)

In the event any proceeding had pursuant to this title shall be adjudged a State affair, it is hereby declared to be the intention that such proceedings were had pursuant to the general laws of the State cited in the provisions of this title.

(Ord. 859 § 10; Formerly § 16-8)

One or more acquisitions or improvements may be had in a single proceeding.

(Ord. 859 § 11; Formerly § 16-9)

This chapter is supplemental to and controlling over the provisions of any other provision of this title in conflict therewith.

(Ord. 859 § 12; Formerly § 16-10)

(a) The term "incidental expenses," when referring to proceedings for an acquisition, shall be deemed to mean and shall include the following expenses incurred under this title:

(1) The amounts awarded to defendants by interlocutory judgments.

(2) The costs of any defendants.

(3) The compensation and expenses of referees, as allowed by court.

(4) All costs of the plaintiff in an action and expenses incurred by it in the trial thereof, including the compensation paid expert appraisers and witnesses.

(5) All expenses necessarily incurred in connection with proceedings under this title for publication, mailing and posting of resolutions, notices and orders in any of such proceedings.

(6) For maps, plats, surveys, searches and certificates of title to the property to be acquired.

(7) The compensation of the attorney.

(8) The compensation of the engineer.

(9) The clerical, stenographic and printing expenses incident to the actions.

(10) The estimated cost of preparing and selling the bonds.

(11) Any other expenses incurred by authority of this title; or

(b) The term "incidental expenses," when referring to proceedings for an improvement, shall be deemed to mean and shall include expenses necessarily incurred in such proceedings under this title and shall include the following:

(1) For the publication, mailing and posting of resolutions, notices and orders in any of such proceedings.

(2) The compensation of the attorneys.

(3) The compensation of the superintendent of work.

(4) The compensation of the engineers.

(5) The estimated cost of preparing the bonds.

(6) Any other expenses incurred by authority of this title or incidental to the completion of the improvement in the manner herein specified.

(Ord. 859 §§ 40, 41; Formerly § 16-11)

The resolution of intention shall specify the parts of this title pursuant to which the proceedings therein are taken.

(Ord. 859 § 50; Formerly § 16-12)

In all resolutions, notices, orders and determinations subsequent to the resolution of intention and the notice of improvement, it shall be sufficient to refer to the resolution of intention by number for a description of the work or improvement.

(Ord. 859 § 51; Formerly § 16-13)

All objections not made within the time and manner provided in this title are waived.

(Ord. 859 § 161; Formerly § 16-14)

All decisions and determinations of the City Council, upon notice and hearing, shall be final and conclusive upon all persons entitled to appeal as to all errors, informalities, omissions and irregularities which might have been avoided or which might have been remedied during the progress of the proceedings or which can be remedied and as to illegalities not amounting to a want of due process of law.

(Ord. 859 § 162; Formerly § 16-15)

The notice to pay assessments under the Street Opening Act of 1903 or the Municipal Improvement Act of 1913, and a notice confirming assessment or reassessment under any other procedure therein, shall have like curative effect as the "Notice of Award" under the Improvement Act of 1911.

(Ord. 859 § 163; Formerly § 16-16)

This title shall be liberally construed in order to effectuate its purpose. No error, irregularity, informality, omission, or illegality and no neglect or omission of any officer in any procedure taken hereunder, which does not directly affect the jurisdiction of the legislative body to order the work or improvements shall void or invalidate such proceeding or any assessment for the cost of any work or acquisition hereunder. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the City Council in accordance with the provisions of this title.

No step in any proceeding shall be invalidated or affected by any error or mistake or departure from the provisions of this title as to the officer or person posting, publishing or mailing or procuring the same of any notice, resolution, order or other matter when such notice is actually given for the time required.

No assessment, reassessment, supplemental assessment, warrant, diagram or bond or any other levy or issuance and no proceedings for the same shall be held invalid by any court for any error, informality, omission, irregularity, illegality or other defect in the same, where the resolution of intention or notice of improvements have been actually published as provided in this title.

No proceedings shall be held to be invalid upon the ground that the property upon which the work or improvement or part thereof is to be or was done had not been lawfully dedicated or acquired, provided the same shall have been lawfully dedicated or acquired or an order for immediate possession and use thereof shall have been obtained at any time before judgment is entered in any legal action.

(Ord. 859 §§ 164 – 167; Formerly § 16-17)

No action, suit or proceedings to set aside, cancel, void, annul or correct any assessment or reassessment or to review any of the proceedings, acts or determinations in any proceedings or to question the validity or to enjoin the collection of any assessments or reassessments or supplemental assessments shall be maintained by any person unless such action, suit or proceedings shall have been commenced within thirty (30) days after the acquisition or improvement had been ordered or such assessment shall have been confirmed.

Where such proceedings are for an annual ad valorem or other benefit levy, the period shall be thirty (30) days after the ordering of such with reference to such levy as to any levy and thirty (30) days after ordering the issuance of such bonds with reference to their issuance as to any bonds. If such action or suit is not brought within the time specified in this section, all persons shall be barred from any such action.

No defense based on invalidity or irregularity in any such proceedings shall be raised or pleaded after the expiration of such thirty (30) day period.

(Ord. 859 §§ 168 – 170; Ord. 1277 § 1, 8-7-1973; Formerly § 16-18)

The City Council, at any time after the adoption of the resolution of intention; the proposed contractor, at any time after the award of the contract to him; or the proposed purchaser of the warrant or any bonds to be issued, at any time after the assignment of such warrants or award of such bonds to him; may bring an action in the Superior Court of the State in and for the County in which it is situated, to determine the validity of any such proceedings and of such proposed contract or of the assessment or tax levied or to be levied or of such bonds issued or to be issued.

The validation procedure of Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure shall apply.

(Ord. 859 §§ 171, 172; Ord. 1277 § 2, 8-7-1973; Formerly § 16-19)