Vallejo Municipal Code Ch. 14.04 General Provisions

This title, except Chapter 14.32, shall be cited and referred to as the Vallejo improvement procedure code, and shall be referred to in this title as this code.

(Ord. 57 N.C.(2d) § 1 (1.01.01), 1971.)

Proceedings for the acquisition or construction, or both, or the maintenance and operation of any public improvement or property of a local nature or the acquisition old lands or easements, or buildings or improvements or property, or any or more than one thereof, therefor, may be had pursuant to this code whether or not provided in any general law.

(Ord. 57 N.C.(2d) § 1 (1.01.02), 1971.)

This code shall not apply to any proceedings in which the resolution of intention was adopted prior to January 5, 1972, excepting the supplemental assessment, reassessment, refunding and curative provisions of this code.

(Ord. 57 N.C.(2d) § 1 (1.01.03), 1971.)

The procedures provided in the several articles or bond plans or collection plans of this code are alternative.

(Ord. 57 N.C.(2d) § 1 (1.01.04), 1971.)

This code is not exclusive, but the resolution of intention in any proceedings under an act or general law may provide that the act or general law is supplemented by any part or parts of this code.

(Ord. 57 N.C.(2d) § 1 (1.01.05), 1971.)

The words "general law" or the word "act" means an enactment of the legislature of the state of California. Unless herein otherwise provided, any reference to any general law or act shall apply to said law as now or hereafter amended or codified.

(Ord. 57 N.C.(2d) § 1 (1.01.06), 1971.)

The provisions of this code shall be controlling over the provisions of any general law or act in conflict with this code in any proceeding taken pursuant to this code.

(Ord. 57 N.C.(2d) § 1 (1.01.07), 1971.)

This code is adopted pursuant to Section 200 of the Charter of the city. In proceedings had pursuant to this code which are a municipal affair the general laws referred to in this code are deemed a part of this code.

(Ord. 57 N.C.(2d) § 1 (1.01.08), 1971.)

In the event that any proceeding had pursuant hereto shall be adjudged a state affair, it is declared to be the intention that the proceedings were had pursuant to the general law or laws cited in the divisions or articles of this code specified in the resolution of intention therein.

(Ord. 57 N.C.(2d) § 1 (1.01.09), 1971.)

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

(Ord. 57 N.C.(2d) § 1 (1.01.10), 1971.)

This chapter and Chapters 14.08, 14.12 and 14.16 are supplemental to and controlling over the provisions of each other part of this code in conflict therewith.

(Ord. 57 N.C. (2d) § 1 (1.01.11), 1971.)

The following terms when used herein or in any proceedings conducted pursuant hereto or in any laws referred to herein shall have the meanings set forth in Sections 14.04.130 through 14.04.320 unless the context requires otherwise.

(Ord. 57 N.C.(2d) § 1 (1.02.01), 1971.)

"Acquisition" and "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 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 the thing being acquired comes into being.

(Ord. 57 N.C.(2d) § 1 (1.02.17), 1971.)

"Block," whether it is 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.

(Ord. 57 N.C.(2d) § 1 ( 1.02.11), 1971.)

"City" means the city of Vallejo.

(Ord. 57 N.C.(2d) § 1 (1.02.02), 1971.)

"Clerk" means the city clerk of the city.

(Ord. 57 N.C. (2d) § 1 (1.02.03), 1971.)

"Contractor" means the person, firm, partnership, association, corporation, organization or business trust, and includes contracting owners or their agents, to whom a contract for the performance of any work authorized is awarded.

(Ord. 57 N.C.(2d) § 1 (1.02.15), 1971.)

"Council" means the council of the city.

(Ord. 57 N.C.(2d) § 1 (1.02.04), 1971.)

"Country" means the county of Solano.

(Ord. 57 N.C.(2d) § 1 (1.02.05), 1971.)

"Engineer" or "superintendent of streets" means the director of public works.

(Ord. 57 N.C.(2d) § 1 (1.02.06), 1971.)

"Director of finance" means the city director of finance.

(Ord. 57 N.C.(2d) § 1 (1.02.07), 1971.)

Notwithstanding the enumeration of specific improvements falling within the definition of public improvement, the city council may determine that any work or improvement which may be acquired or constructed, repaired, operated or maintained in the name of the city as a local improvement is a public improvement as used in this code and may proceed to apply the procedures of this code as though such improvement were specifically enumerated in one of the references heretofore mentioned.

(Ord. 57 N.C.(2d) § 1 (1.02.21), 1971.)

The definitions relating to maintenance, maintenance services or services, as contained in the Municipal Improvement Act of 1913 Sections 10000 and following of the California Streets and Highways Code), the Landscaping and Lighting Act of 1972 (Sections 22500 and following of the California Streets and Highways Code) and the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following of the California Government Code) are deemed to include, without limitation, all maintenance activities related to:

A. The maintenance of public streets, rights-of-way, public utilities or other public facilities and properties from endangerment caused by earth slides or other earth subsidences, caused by erosion, earthquake or other causes, through repair, removal and/or reconstruction of slide areas, including the installation of any required drains, subdrains, filter blankets culverts or other facilities or measures deemed appropriate by the director of public works of the city;

B. Maintenance of ponds, lakes and water retention or detention basins by appropriate desiltation measures, including dredging, removal of spoil and its placement at locations approved by the city;

C. The requirement of Section 53328(b) of the California Government Code relating to a minimum of twelve registered voters shall not apply for purposes of establishing a community facilities district for the services set forth in Section 53313(c) of the California Government Code. This section shall apply to any proceeding initiated, but not completed before September 1, 1988.

(Ord. 1002 N.C.(2d) § 1, 1988.)

"Lot, land, piece, or parcel of land," whether used singly or in combination, includes property owned or controlled by any person.

(Ord. 57 N.C.(2d) § 1 (1.02.10), 1971.)

"Owner" means 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 building under claim of ownership, or exercising acts of ownership over the same for himself, or as life tenant, or as the executor, administrator, or guardian of the owner. If the property is leased, the possession of the tenant or lessee holding and occupying the property shall be deemed to be the possession of the owner.

(Ord. 57 N.C.(2d) § 1 (1.02.16), 1971.)

"Paved" or "repaved" includes pavement of any commonly used paving material.

(Ord. § 57 N.C.(2d) § 1 (1.02.14), 1971.)

"Place" includes any public street, alley, easement, right-of-way 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 conjunction with any proceeding undertaken pursuant hereto, or any encroachment permit on any state highway or public utility property.

(Ord. 57 N.C.(2d) § 1 (1.02.13), 1971.)

"Project" or "improvement," when used in the generic sense, means the acquisition and/or improvement undertaken in a single proceeding

(Ord. 57 N.C.(2d) § 1 (1.02.19), 1971.)

"Public improvement" means and includes all those kinds of work as set out in Division 7, Part 3, Chapter 1 (Section 5101) of the Streets and Highways Code, Division 12, Chapter 2 of the Streets and Highways Code (Section 10100), and all other improvements of a local nature whether or not of the same class or otherwise germane to any of those specified therein.

(Ord. 57 N.C.(2d) § 1 (1.02.20), 1971.)

"Quarter block" when used with reference to an irregular block includes all lots or portions of lots having any frontage on either intersecting street halfway from the 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.

(Ord. 57 N.C.(2d) § 1 (1.02.12), 1971.)

"Street" includes avenues, highways, lanes, alleys, crossings or intersections and courts which have been dedicated or offered for dedication 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 yeas next preceding, or which have been dedicated to a semipublic use.

(Ord. 57 N.C.(2d) § 1 (1.02.08), 1971.)

Titles to sections are a part of the same section.

(Ord. 57 N.C.(2d) § 1 (1.02.09 (part)), 1971.)

"Work" or "improvement," whether used singly or in combination, means and includes any work which is authorized to be done or any improvement which is authorized to be made under this code, as well as the construction, reconstruction and repair of all or part of any of the work or improvement.

(Ord. 57 N.C.(2d) § 1 (1.02.18), 1971.)

"Incidental expenses," when referring to an acquisition, means and includes:

A. The costs of maps, plats, surveys and the compensation of the engineer and all engineering costs relating to the acquisition;

B. The costs of title searches, certificates of title, title insurance and other costs relating to title;

C. The compensation of appraisers and all appraisal costs;

D. The compensation of rights-of-way agents and all costs relating thereto;

E. The compensation of attorneys and all costs relating to the acquisition;

F. The compensation of referees and all costs relating thereto;

G. All clerical, stenographic and printing costs incidental to the acquisition;

H. All charges and expenses of any city officials relating to the acquisition;

I. All costs and expenses awarded to the defendants in eminent domain proceedings or otherwise paid to them or their attorneys in settlement.

(Ord. 57 N.C.(2d) § 1 (1.03.01), 1971.)

"Incidental expenses," when referring to an improvement, means and includes:

A. The compensation of the engineers, including all costs of preliminary and final surveys, estimates of cost, reports, plans, profiles, cross-sections and specifications;

B. The costs of setting grade stakes and of inspecting, supervising and accepting the work, estimating and certifying progress and final payments for the costs thereof;

C. The costs of analyses and testing;

D. The compensation of the attorneys and all costs relating to the improvements;

E. All clerical, stenographic and printing costs incidental to the improvements.

(Ord. 57 N.C.(2d) § 1 (1.03.02), 1971.)

"Incidental expenses," when referring to the assessment and assessment bond proceedings for an acquisition and/or improvement, means and includes:

A. The cost of preparing the proceedings, including all clerical, stenographic and printing costs;

B. The compensation of the engineers;

C. The compensation of the attorneys;

D. The compensation of the city for the services of any city officials in the proceedings or in the levy and collection of the assessments and the issuance and payment of the bonds;

E. The costs of preparing the diagram of the assessment district and the assessment and of the boundary map;

F. The costs of issuing and marketing the bonds;

G. Interest at standard rates on moneys of the city advanced to the project prior to the time that moneys are available for repayment from the assessment and bonds;

H. All fees, costs and compensation expended or incurred by the city in the defense of any action questioning the validity of any act or thing done or performed under this code;

I. Any other expense incurred by authority of this code or incidental to the completion of the project in the manner herein specified.

(Ord. 57 N.C.(2d) § 1 (1.03.03), 1971.)

The resolution of intention shall specify the parts of Chapters 14.20, 14.24 and 14.28 of this code pursuant to which the proceedings therein are taken.

(Ord. 57 N.C.(2d) § 1 (1.04.01), 1971.)

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 project.

(Ord. 57 N.C.(2d) § 1 (1.04.02), 1971.)

No notice, or any publication of any notice, order, resolution or other matter, other than that expressly provided for in this code, or required by the state or federal Constitutions, shall be necessary to give validity to any of the proceedings provided for herein.

(Ord. 57 N.C.(2d) § 1 (1.05.01), 1971.)

Whenever any notice, resolution, order, or other matter is required to be published or posted or mailed, and the duty of doing or procuring the same is not specifically enjoined upon any officer or person, the clerk shall perform or procure the performing of the notice.

(Ord. 57 N.C.(2d) § 1 (1.05.02), 1971.)

Notices, resolutions or other documents required to be published shall be published twice in a newspaper of general circulation in the city, unless fewer publications are provided by general law. If any hearing is therein noticed, the hearing shall be had not less than ten days after the first publication unless a shorter time is provided by general law. The filing or recording of any maps, diagram or other documents required to be filed or recorded in the office of the county recorder or in the office of any other public official prior to any hearing or any other event shall be filed or recorded not less than ten days prior to such hearing or event unless a shorter time is provided by general law.

(Ord. 57 N.C.(2d) § 1 (1.05.03), 1971.)

It shall not be necessary to post or mail any notice, resolution or other document or make or file any affidavit in regard thereto, unless posting or mailing is necessary to provide jurisdiction. In that event, the posting or mailing shall be at least ten days prior to any hearing provided therein unless a shorter time is provided by general law.

(Ord. 57 N.C.(2d) § 1 (1.05.04), 1971.)

All documents provided to be posted, other than a notice of improvement, shall be posted on or near the council chamber door or on any bulletin board in or adjacent to the city hall.

(Ord. 57 N.C.(2d) § 1 (1.05.05), 1971.)

When any notice, resolution or other document is required to be mailed, it shall be mailed, postage prepaid, to the property owners involved as follows:

A. To all persons owning real property proposed to be assessed, whose names and addresses appear on the last equalized assessment roll for city taxes, including the utility roll, at said addresses;

B. In cases of transfers of land, or parts thereof, subsequent to the date on which the last assessor's roll was prepared, to such transferee, at his name and address, as the same appear on the records in the assessor's office which the assessor will use to prepare the next ensuing assessor's roll;

C. To each person, including the owner or person having an interest in property assessed by the state under Section 14 of Article XIII of the California Constitution, who have fined with the county assessor for the current fiscal year, a statement of his name, address, and a description of the property owned by him, requesting that a notice of all proposals affecting such property shall be mailed to him (Government Code 58905), at said address;

D. To such person at his address or as otherwise known to the clerk;

E. In case of doubt as to the name and address of any owner, the clerk shall cause the notice to be conspicuously posted on the property of such person in the assessment district, at or near the entrance thereto, so that it will be visible to persons on entering, leaving or passing said property.

(Ord. 57 N.C.(2d) § 1 (1.05.06), 1971.)

Notices of improvement shall be entitled "Notice of Improvement" in letters at least one-half inch in height. The council may provide in the resolution of intention or other document fixing the hearing whether and where such notices shall be posted.

(Ord. 57 N.C.(2d) § 1 (1.05.07), 1971.)

The certificate of the clerk or officer giving or procuring notice by posting or mailing shall be conclusive proof of the giving of such notice, and no affidavit shall be required.

(Ord. 57 N.C.(2d) § 1 (1.05.08), 1971.)

Contributions or partial payments from the United States, or the State, or any agency of either, or from the county, or any other local agency, may be accepted and the same or any available city moneys applied to any part of the costs of a project at any time during or after the proceedings, and may also be applied in reduction of the amount assessed or to be assessed therefor.

(Ord. 57 N.C.(2d) § 1 (1.06.01), 1971.)

In any proceeding had under this code, the city may declare in the resolution of intention that it intends to purchase the assessment, warrant or bonds to be issued therein.

(Ord. 57 N.C.(2d) § 1 (1.06.02), 1971.)

The city shall, upon the issuance of the assessment, warrant or bonds, as the case may be, pay to the contractor, under Sections 14.20.100 through 14.20.200, or into court, under Sections 14.20.210 through 14.20.250, or into the construction fund, under Sections 14.20.260 through 14.20.350, of this code, the principal amount thereof.

(Ord. 57 N.C.(2d) § 1 (1.06.03), 1971.)

The bonds, when issued shall be made payable to the bearer.

(Ord. 57 N.C. (2d) § 1 (1.06.04), 1971.)

In that case, the city shall succeed to all rights under the assessment, warrant and bonds.

(Ord. 57 N.C.(2d) § 1 (1.06.05), 1971.)

The city shall have like power subsequently to acquire and own any bonds or assessments or warrant issued or levied or made hereunder, or now issued and outstanding, for any improvement and/or acquisition of the city.

(Ord. 57 N.C.(2d) § 1 (1.06.06), 1971.)

The city may bid and purchase any real or personal property offered for sale for the nonpayment of any improvement assessment levied and assessed under any of the provisions of this code, or of any installment thereof, or penalties or costs or interest thereon, or in any suit brought to foreclose the assessment, and shall in like manner become the owner thereof, and the right of redemption shall in like manner terminate.

(Ord. 57 N.C.(2d) § 1 (1.06.07), 1971.)

Whenever any property has been acquired by the city at any sale, then the property, or any lien thereon or interest therein created by the assessment, may be released, assigned, sold or otherwise disposed of by the city as it shall determine; provided, however, that no release, assignment, sale or other disposition of any lien or interest or of the property shall be made unless there shall be first paid to the city a sum of money equal to, and not less than the amount paid therefor by the city, together with all accrued penalties, costs, interest, and necessary expenses incurred; provided further, that if any lien or interest, or property cannot be, as determined by the council, sold for the amounts or charges computed as provided in this code, then the council may sell any lien or interest or property for the best price obtainable according to its judgment.

(Ord. 57 N.C.(2d) § 1 (1.06.08), 1971.)

In any proceeding wherein bonds are proposed to be issued pursuant to Bond Plans A, B, or C, the council may determine, at any time during the conduct of the proceedings, that the city will advance from available funds to the construction fund all or any part of the principal mounts of any assessments, and to defer the collection and the issuance of bonds to represent any unpaid portions thereof. Such advances shall be uniformly available to all properties which meet the council's criteria for making such advances. Upon advancing such funds to the construction fund, the city shall succeed to all rights under the assessments and to all rights which would have accrued under the bonds had they been issued.

(Ord. 57 N.C.(2d) § 1 (1.06.09), 1971.)

The assessment and diagram and/or warrant shall be recorded as in other cases and notice to pay assessments given in the time and manner provided herein. Such notices shall provide in substance that the assessment may be paid in cash in whole or in part at any time prior to the notice hereinafter mentioned in Section 14.04.560, but that the amount unpaid as of July 1st of each year following the recordation of the assessment will be increased by six percent.

(Ord. 57 N.C.(2d) § 1 (1.06.10), 1971.)

The city may, at any time after the expiration of thirty days from recordation of the assessment, give notice by publication and mailing that the amounts unpaid on the thirtieth day after such mailing are due and payable to the city in annual installments, not necessarily equal, but not exceeding the maximum number of installments set forth in the resolution of intention, with interest at rates to be fixed by the council, but not to exceed the rate set forth in the resolution of intention.

(Ord. 57 N.C.(2d) § 1 (1.06.11), 1971.)

Thereafter, the annual proportion of each assessment coming due in any year, together with the annual interest on such assessment, shall be payable in the same manner and at the same time and in the same installments, and be subject to the same proportionate penalties and interest after delinquency, as would have been the case had bonds been issued to represent the unpaid assessments. Bonds to represent the unpaid balances of said assessments may be issued at any time after the expiration of the thirty-day period mentioned in Section 14.04.560.

(Ord. 57 N.C.(2d) § 1 (1.06.12), 1971.)

Charges established by the city for the privilege of connecting to the city's sanitary sewerage or water facilities, or as a condition to providing sewer or water service, may be included in and collected as part of any special assessments levied under the provisions of this code.

(Ord. 57 N.C.(2d) § 1 (1.06.13), 1971.)

In any proceeding for the acquisition or construction of sanitary sewerage facilities or water facilities or both, the council may direct that each assessment be divided into two parts, one representing a connection charge (hereinafter called "the connection charge portion") and the other the balance remaining after deducting the connection charge portion from the original total assessment (hereinafter called "the remaining balance").

(Ord. 57 N.C.(2d) § 1 (1.06.14), 1971.)

Charges for the privilege of connecting to the sanitary sewerage facilities or water distribution facilities of the city are established as a condition to the providing of sewer or water service, respectively, to become effective in any given project area or portion thereof upon adoption of the resolution ordering cash advances in any project provided for in Section 14.04.620.

(Ord. 57 N.C.(2d) § 1 (1.06.15). 1971.)

The amount of such connection charge in each project area or portion thereof shall be fixed in the resolution provided for in Section 14.04.620.

(Ord. 57 N.C.(2d) § 1 (1.06.16), 1971.)

In any project in which the council directs a division of assessments as provided in Section 14.04.590, the resolution directing such division shall provide for cash advances to the project to represent all of the connection charge portions of assessments except those as to which property owners have failed to exercise the deduction option as provided in Section 14.04.630.

(Ord. 57 N.C.(2d) § 1 (1.06.17), 1971.)

A. In any project as to which such charges are fixed and cash advances ordered, one connection charge shall be included in each individual assessment as finally confirmed by the council and recorded in the office of the superintendent of streets. The owner of each parcel assessed, in the notice to pay assessments, shall be given the option of reducing his assessment by the amount of the connection charge included therein. The original record of any assessment as to which the option is exercised, shall be marked "$....... paid by connection charge deduction" (inserting the amount of charge to be deducted). Each connection charge deducted, as well as any charge represented by the city's cash advance to the project, shall be payable in cash at the time of connection to the facilities constructed in the proceedings. If a connection charge is left in the assessment and either paid in cash or allowed to go to bond, the property is entitled to a single connection without payment of further charges therefor other than the cost of constructing lateral connections not included in the proceedings and any permit, inspection or other fees now or hereafter established by the city. The council may, by resolution, change the amount of the charge at any time.

B. If the option has not been exercised by the end of the cash payment period, the owner will be deemed to have elected to leave his assessment unchanged.

(Ord. 57 N.C.(2d) § 1 (1.06.18), 1971.)

The council may, by resolution adopted by a majority vote of all its members, determine and declare that in its opinion the work in question may be more economically and satisfactorily performed by day labor, and/or materials and supplies purchased at a lower price in the open market, and to order that the same be done by force account, in the manner stated in Sections 14.04.050 through 14.0.080, without further observance of the provisions hereof with reference to the award of contact, or execution of contract or bonds.

(Ord. 57 N.C. (2d) § 1 (1.07.01), 1971.)

In that case, the city shall have the same rights as a contractor, and the work and improvements shall be directed by the engineer.

(Ord. 57 N.C.(2d) § 1 (1.07.02), 1971.)

When the work is pursuant to Sections 14.20.100 through 14.20.200 of this code, the city shall become the owner of the assessment made to pay the cost thereof, and of all bonds issued to represent the assessments, with like power of enforcement as if held by a contractor. No warrant need be issued in that case.

(Ord. 57 N.C.(2d) § 1 (1.07.03), 1971.)

The treasurer is authorized, after the assessment and diagram have been recorded, to collect and receive payment of the several amounts due thereon in the manner provided in the act under which the proceedings shall have been taken for, and in the place of, the contractor, and his statement of payments received, when filed, shall constitute and be in lieu of, the contractor's return of the warrant and statement of payments received.

(Ord. 57 N.C.(2d) § 1 (1.07.04), 1971.)

The bonds, when issued, shall be made payable to bearer.

(Ord. 57 N.C.(2d) § 1 (1.07.05), 1971.)

In the exercise of any of the powers now or hereafter provided for in this code, including the right to take immediate possession in eminent domain proceedings the city council may create, use and reimburse a revolving fund or funds.

(Ord. 57 N.C.(2d) § 1 (1.08.01), 1971.)

The provisions of Article 2, Chapter 3, Division 4, Title 4 (commencing with Section 43420) of the Government Code shall apply.

(Ord. 57 N.C.(2d) § 1 (1.08.02), 1971.)

Parcels may be described as contained on the assessment roll on which city takes are collected, or with reference to recorded maps or deeds or assessor's maps, or by other means sufficient for identification.

(Ord. 57 N.C.(2d) § 1 (1.09.01), 1971.)

The diagram may describe the property by reference to or be copies of official maps or assessor's maps, or be otherwise sufficient to identify the several parcels thereon. It shall not be necessary to show thereon their relationship to the acquisitions or improvements.

(Ord. 57 N.C.(2d) § 1 (1.09.02), 1971.)