Santa Clara Municipal Code Art. III Repairs

See definitions of SCCC § 12.30.030.

(Ord. 1026; Formerly § 25-57)

The owners of lots or portions of lots fronting on any portion of a public street or place, when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property, and maintain it in a condition which will not interfere with the public convenience in the use of such walks or areas, except as to those conditions created or maintained in, upon, along or in connection with such sidewalk other than the owner, under and by virtue of any permit or right granted to him by law or by the City Council, and such persons shall be under a like duty in relation thereto.

(Ord. 1026; Ord. 1140; Formerly § 25-58)

When any portion of a sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk, the superintendent of streets shall notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair to repair the sidewalk.

(Ord. 1026; Ord. 1140; Formerly § 25-59)

Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalks so out of repair, 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 rolls of the City, or to the name and address of the person owning such property, as shown in the records of the City Clerk.

(Ord. 1026; Formerly § 25-60)

The postal card provided for in SCCC § 12.30.200 shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than eight inches by ten inches in size, to be posted in a conspicuous place on the property.

The notice shall particularly specify what work is required to be done, how it is to be done, what materials shall be used in the repair and shall further specify that if the repair is not commenced within two weeks after notice is given and diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair, and the cost of the same shall be a lien on the property.

(Ord. 1026; Ord. 1140; Formerly § 25-61)

If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice provided in this article, the superintendent of streets shall forthwith repair the sidewalk.

(Ord. 1026; Ord. 1140; Formerly § 25-62)

Upon the written request of the owner of the property facing the sidewalk so out of repair as ascertained from the last equalized assessment roll of the City, or as shown in the records of the office of the City Clerk, the superintendent of streets may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this article, subsequent notices are given, hearings held, and assessments and collection procedures are conducted.

(Ord. 1140; Formerly § 25-62.1)

Upon completion of the repair, the superintendent of streets prepares and files with the City Council a report specifying the repairs which have been made, the cost of the repairs, description of real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not.

(Ord. 1026; Ord. 1140; Formerly § 25-63)

Upon completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the City Council will hear and pass upon a report of the City Engineer of the cost of the repair, 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 repair and any other interested persons.

(Ord. 1026; Ord. 1140; Formerly § 25-64)

Upon the day and hour fixed for the hearing, the City Council shall hear and pass upon the report of the superintendent of streets together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon, the City Council may take such revision, correction or modifications 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 City Council may adjourn the hearings from time to time. The decisions of the City Council on all protests and objections which may be made shall be final and conclusive.

(Ord. 1026; Formerly § 25-65)

The cost of the repair may be assessed by the City Council against the parcel of property fronting upon the sidewalk upon which such repair was made, and such cost so assessed, if not paid within five days after its confirmation by the City Council, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof, which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record.

(Ord. 1026; Ord. 1140; Formerly § 25-66)

The superintendent of streets may file in the Office of the County Recorder of the County in which the parcel of land is located a certificate substantially in the following form, to wit:

(Formerly § 25-67)

From and after the date of the recording of the notice of lien prescribed in SCCC § 12.30.280, 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 limitations 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 of the Streets and Highways Code of the State.

(Ord. 1026; Formerly § 25-68)

As an alternative method of collection of the amount of the lien, the City Council, after confirmation of the report of the superintendent of streets, may order the notice of lien to be turned over to the assessor 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 next regular bill for taxes levied against the lot or 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 levying, collection and enforcement of City taxes and County taxes are hereby made applicable to such special assessment taxes.

(Ord. 1026; Formerly § 25-69)