Santa Clara Municipal Code Art. II Construction Generally

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

(a)

"Sidewalk"

shall include a park or parking strip maintained in the area between the property line and the street line and also shall include curbing, bulkheads, retaining walls, improvements to sidewalks or other works for the protection of any sidewalk or of any such parking or parking strip. The words "sidewalks and curbs" shall include "gutters."

(b)

"Block"

shall mean property facing one side of any street between the next intersecting street.

(Ord. 855; Formerly § 25-43)

The owners of lots or portions of lots fronting on any public street or place shall have the duty of constructing or causing the construction of sidewalks or curbs in front of their properties upon notice to so do by the City Engineer.

(Ord. 355; Ord. 1210 § 1, 6-10-1969; Formerly § 25-44)

When the City Council finds and determines that public safety, necessity and convenience shall require the installation and construction of sidewalks in front of property in any block, the City Clerk shall, upon instruction from the City Council, notify the owner or person in possession of the property fronting on that portion of the street in such block in which no curb or sidewalk has been constructed theretofore to construct or cause to be constructed a curb or sidewalk or both in front of his/her property.

(Ord. 855 § 4; Formerly § 25-45)

Notice to construct may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk or curb to be constructed or by mailing a postal card, postage prepaid, to the person in possession of such property or to the owner thereof at his/her last known address as the same appears on the last equalized assessment roll of the City, or to the name and address of the person owning such property as shown in the records of the office of the City Clerk.

(Ord. 855 § 5; Formerly § 25-46)

The postal card provided in SCCC § 12.30.060 shall contain a notice to construct the sidewalk or curb or both and the City Clerk shall, immediately upon the mailing of the notice, cause a copy thereof to be printed on a card not less than eight inches by ten inches in size to be posted in a conspicuous space on the property.

The notice shall also specify the day, hour and place when the City Council will hear and pass upon objections or protests, if any, which may be raised by any property owner or other interested persons.

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 the construction and shall further specify that if the construction is not commenced within sixty (60) days after notice is given and diligently and without interruption prosecuted to completion, the City Engineer shall cause the construction to be done and the cost of the same shall be a lien on the property.

(Ord. 855 §§ 6, 7, 8; Formerly § 25-47)

Upon the day and hour fixed for the hearing mentioned in SCCC § 12.30.070, the City Council shall hear and pass upon such objections or protests. The decision of the City Council on all protests and objections which may be made shall be final and conclusive. The hearing required by this section shall be in addition to the hearing required by SCCC § 12.30.110.

(Ord. 855 § 7; Formerly § 25-48)

If the construction is not commenced and prosecuted to completion with due diligence, as required by the notice provided for in SCCC § 12.30.050 or by the City Council after the hearing required by SCCC § 12.30.070, the City Engineer shall forthwith construct the sidewalk.

(Ord. 855 § 9; Formerly § 25-49)

Upon the completion of the construction, the City Engineer shall prepare and file with the City Council a report specifying the work which has been done, the cost of construction, 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. Such report may include work done in front of any number of parcels of property, whether contiguous to each other or not.

(Ord. 855 § 11; Formerly § 25-50)

Upon the completion of the construction as provided in SCCC § 12.30.100, the City Clerk shall cause notice of the cost of the construction to be given in the manner specified in this article for the giving of notice to construct, which notice shall specify the day, the hour and place when the City Council will hear and pass upon the report by the City Engineer of the cost of the construction, 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 construction and any other interested persons.

(Ord. 855 § 10; Formerly § 25-51)

Upon the day and hour fixed for the hearing provided for in SCCC § 12.30.110, the City Council shall hear and pass upon the report of the City Engineer, together with any objections or protests which may be raised by any of the property owners liable to be assessed for such construction and any other interested persons. Thereupon, the City Council may make such revision, correction or modification 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 decision of the City Council on all protests or objections which may be made shall be final and conclusive.

(Ord. 855 § 12; Formerly § 25-52)

The cost of construction by the City of sidewalks under this article may be assessed by the City Council against the parcel of property fronting upon the sidewalk or curb so constructed and such cost so assessed, if not paid within ten days after its confirmation by the City Council, shall constitute a specific assessment against that parcel of property and shall be a lien on the property for the amount thereof from the time of recordation of the notice of lien, which shall continue until the assessment and all interest thereon is paid or until it is discharged of record.

(Ord. 855 § 13; Formerly § 25-53)

The lien provided for in SCCC § 12.30.130 may be filed by the City Engineer in the Office of the County Recorder and such certificate shall be substantially in the following form:

(Ord. 855 § 14; Formerly § 25-54)

From and after the date of the recording of the notice of lien as provided in SCCC § 12.30.140, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitation shall not run against the right of the City to enforce the payment of the lien. If any such lien is not paid, the City may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under Division 7 (entitled "The Improvement Act of 1911"), Section 5000 et seq. of the Streets and Highways Code of the State.

(Ord. 855; Formerly § 25-55)

As an alternative method of collection of the amount of the lien, the City Council, after confirmation of the report of the City Engineer, may order the notice of lien to be turned over to the accounting officer and the tax collector of the City, whereupon it shall be the duty of those officers to add the amount of the assessment to the net parcel of land. If 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.

Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary City taxes are collected and shall be subject to the same penalties and interest and to the same procedure and sale in case of delinquency as provided for ordinary City taxes. All laws applicable to the levy, collection and enforcement of City taxes and County taxes are hereby made applicable to such special assessment taxes.

(Ord. 855; Formerly § 25-56)