HomeMy WebLinkAboutStaff Report 4.B 03/07/2016DATE: March 7, 2016
Agenda Item #4.B
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan St. John, RASCE — Director, Public Works & Utilities
Larry Zimmer, P.E. — Deputy Director, Public Works & Utilities
SUBJECT: Introduction of an Ordinance (First Reading) Amending Chapter 13.10 of the
Petaluma Municipal Code Establishing Duties of Property Owners to Maintain
Sidewalks and Public Street Landscape Planters and Repealing Resolution No.
92-08 Adopted January 21, 1992
RECOMMENDATION
It is recommended that the City Council Introduce an Ordinance (First Reading) Amending
Chapter 13.10 of the Petaluma Municipal Code Establishing Duties of Property Owners to
Maintain Sidewalks and Public Street Landscape Planters and Repealing Resolution No. 92-08
Adopted January 21, 1992.
BACKGROUND
The City of Petaluma's infrastructure system includes the public walkways. Aging concrete, root
intrusion, expansive soils and a variety of other causes may create potential tripping hazards
throughout the City. Similar to the pavement system, there is inadequate public funding to
maintain the City's sidewalk system to current ADA standards. Unlike pavement, however,
sidewalk repairs are by Municipal Code the legal responsibility of the adjacent property owner.
The City is aware of the burden this places on the residents, and as such, the City Council passed
a resolution in 2008, which set aside funds at the time to match money that residents spent to
repair their sidewalk. Unfortunately, the dissolution of the redevelopment agency and the
economic downturn eliminated the budget for the former sidewalk matching grant program.
On October 19, 2015, a proposal was presented to the City Council to amend the existing
Municipal Code to allow property owners to finance the cost of sidewalk repairs, and to repeal
Resolution No. 92-08 which enabled the City to match property owner funds to repair sidewalks.
DISCUSSION
Trip and fall claims and ADA related lawsuits, along with the City of Petaluma's desire to create
safe public access, necessitate action. Petaluma Municipal Code Sections 13.10.020-13.10.030
clearly state the property owner's responsibility to maintain the sidewalk along with the right of
way, and the City's right to do the work on behalf of the property owner and recover costs of
necessary repairs plus associated costs. The recommended action allows the City to adopt a
process to mitigate City and property owner liability from trip and fall and ADA claims and
improve. conditions of the sidewalk system.
The attached flow chart indicates the recommended steps that would occur when the City
becomes aware of a potentially unsafe sidewalk condition. The process begins with a first notice
being sent to the property owner alerting them of the needed repair, estimated cost, and
procedures. The owner may choose to do the work him or herself through an encroachment
permit or have the City do the work using a City hired contractor. If the owner does not respond,
a second notice would be sent after approximately seven days. If after fourteen days of the first
notice there is still no contact from the owner, the City may move forward with doing the work.
Staff will communicate with the property owners by phone or email beyond the legal notice
letters to coordinate how the work will be done and to assure the work is completed. If the
property owner is actively pursuing a remedy to an unsafe sidewalk condition, additional time
may be allowed, if requested, depending on the specific situation.
Following completion of the work an invoice imcluding all project costs would be sent to the
owner along with a specific date of when the property owner has the opportunity to dispute the
charges to the City Council. Staff will follow standard agenda preparation procedures allowing
the City Council full review of each situation prior to taking any action to place a lien or
assessment on a property. The address of the properties will also be included in the agenda report
allowing the City Council Members to recuse. themselves as needed based on personal
associations and / or proximity of City Councilmember residences to the project. Staff will
attempt to place multiple sidewalk related issues into one agenda to minimize time spent by the
City Council on sidewalk matters. If the owner appeals and the City Council upholds the
necessity and cost of the sidewalk work and the owner still does not pay, the City's cost plus the
administrative fee, which constitutes a special assessment, would be placed on the property tax
roll for collection.
If the costs of repairs are more than a resident can afford to pay in a single payment, it is
recommended that the City provide financing to the property owner with an interest rate based
on the prime lending rate, currently at 3.25 percent. The rate will be revised, if applicable,
annually. The financing agreement with the owner would specify the payment, which is
recommended to be no less than $100.00 per month, and the term, which would be no longer
than 3 years. If the owner defaults on the payments, the City could send a Notice of Intent to
Levy to the owner. Similar to the City's invoice, the Notice of Intent to Levy would include a
specific date to provide an opportunity to dispute the charges before the City Council. If the City
Council upholds the necessity and cost of the work and the owner still does not pay, the City's
cost and the fees would constitute a special assessment and would be placed on the property tax
roll for collection. The finance agreement will be recorded with the County, so that future
2
property owners are put on notice of the debt owed to the City. If the owner defaults and no
longer lives at the subject property, the City may elect to seek collection of its costs and fees
from the property owner through a collection agency or may move forward with placing a
special assessment on the property.
City staff reviewed all of the landscape assessment districts (LADs) and did not locate any LADs
containing sidewalk provisions. Because City sidewalks are not covered by the LADs, homes
within a LAD will be treated the same as homes outside of an LAD. Similarly, the sidewalk
program does not change depending on whether a home is part of a homeowners association
(HOA). If the City knows of a potentially dangerous sidewalk condition fronting property that is
part of an HOA or LAD, the City will follow its program and send a letter to the homeowner
directing the repair of the sidewalk. If the property owner is part of an HOA that covers sidewalk
repair and maintenance, then it is the property owner's responsibility to provide the City's letter
to the HOA for resolution. If the HOA does not repair the sidewalk, the City will commence
repairs and seek reimbursement from the property owner.
City of Petaluma's Municipal Code section 13.10.020 (C) enables the City to proceed under the
provisions of Chapter 22 of Division 7, Part 3 of the Streets and Highways Code. The amended
Code section contained in Attachment 1 will allow implementation of the program described in
the above section and adds a financing option for property owners.
In order to reduce City and property owner liability and increase public safety, it is
recommended that the City Council introduce the amended ordinance and repeal Resolution No.
92-08, which enabled the City to match property owner funds to repair sidewalks.
FINANCIAL IMPACTS
If approved as presented, implementation of the proposed sidewalk program will result in staff
costs to mail notices, make and receive phone calls, meet with property owners, manage the
contractor, inspect the work, send invoices, receive payments, and track monetary transactions
for the sidewalk program. These costs have been estimated to average $320.00 per sidewalk
repair occurrence and would be recommended as an administrative fee in the invoice to the
property owner for all work completed through the City. If the owner chooses to hire his or her
own contractor, no administration fee would be charged. However, the encroachment permit
process has a similar fee. If a property owner does two types of work (i.e., sidewalk or driveway;
and tree replacement) concurrently, that normally require individual permits, there is a reduction
in administration and inspection time and the permit would be reduced in this scenario by $150.
Staff does not recommend waiving the encroachment fee under any circumstances because it
would trigger the requirement that the property owner pay prevailing wage, thus resulting in
higher overall costs to the property owner.
It is intended that the City's cost of implementing the new program will be recovered. Because
there may be longer-term financing or placement of a charge on the tax rolls, reimbursement to
the City may occur years after the expenditures. It is proposed that the Risk Management Fund
finance all direct costs associated with this program, excluding the staff costs. While the amount
of money to be financed is unknown, it is not expected to be significant enough to affect the
health of the Fund. If due to unforeseen circumstances, the Fund no longer can function as
needed due to the burden of the sidewalk program, the financing program can be halted or
amended as needed. All paid invoices minus the administrative fee would be deposited back into
the Risk Management Fund to reimburse it for the actual cost of sidewalk repairs. The staff time
spent implementing the program is budgeted in General Fund, therefore the administration fees
collected would be deposited back into the General Fund as a cost recovery step.
ATTACHMENTS
1. Ordinance
2. Resolution 98-08
3. Sidewalk Program Flowchart
4. Sample First Notice
5. Sample Second Notice
6. Sample Invoice
7. Sample Financing Agreement
E
ORDINANCE NO. N.C.S.
EFFECTIVE DATE
OF ORDINANCE
Attachment 1
Introduced by Seconded by
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING
CHAPTER 13.10 OF THE PETALUMA MUNICIPAL CODE ESTABLISHING DUTIES
OF PROPERTY OWNERS TO MAINTAIN SIDEWALKS AND PUBLIC STREET
LANDSCAPE PLANTERS AND REPEALING RESOLUTION NO. 92-08 ADOPTED
JANUARY 21, 1992
WHEREAS, Chapter 13.10 of the Petaluma Municipal Code, which codifies .
Ordinance 1970 N.C.S. adopted in 1994, establishes duties of Petaluma property owners to
maintain trees and other landscaping and sidewalks in right of way adjacent to their property;
and
WHEREAS, in accordance with Section 13.10.010(D) and Section 13.10.030 of the
Petaluma Municipal Code, Petaluma property owners and persons in possession of lots adjacent
to streets and sidewalks owe the public a duty to maintain right of way landscaping and
sidewalks in a safe and non -dangerous condition, and are liable for personal injury and property
damage resulting from failing to so maintain such right of way areas; and
WHEREAS, Section 13.10.020(C) of the Petaluma Municipal Code authorizes the City
to proceed under the California Streets and Highways Code to assess property owners sidewalk
area maintenance and repair costs, and to recover in addition to the maintenance and repair costs
the City's costs of inspection, administration, collection and lien handling; and
WHEREAS, there are numerous sidewalk and landscaping areas in the City right of
way adjacent to private property that are in need of maintenance and repair due to such causes as
aging infrastructure and root intrusion; and
WHEREAS, it is in the interest of owners of property adjacent to City right of way,
and of the City, and the public generally, to provide for maintenance and repair of sidewalk and
landscaping areas in the right of way to promote public safety, preserve and enhance Petaluma
neighborhoods, and avoid liability due to unsafe conditions; and
WHEREAS, the City Council intends to encourage and assist property owners in
complying with the requirements of Chapter 13.10 of the Petaluma Municipal Code by providing
property owners: notice of sidewalk area conditions requiring repair when the City has actual
notice; repair options; and financing options, and to provide for recovery of the City's costs of
inspection, repair, financing and administration; and
WHEREAS, Resolution 92-08 adopted January 21, 1992 established a sidewalk
maintenance program which included financial participation by the City in limited circumstances
and established that funds for the sidewalk maintenance program would be set aside annually
from gasoline sales tax revenue and the Director of Public Works would be responsible for
administrating the Sidewalk Maintenance Program; and
WHEREAS, the City has not financially participated in the funding of sidewalk
maintenance due to budget cuts and accordingly it is appropriate to repeal Resolution 92-08 in
favor of a proposed amended sidewalk maintenance program;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF PETALUMA AS FOLLOWS:
Section 1. Chapter 13.10 Amended. Chapter 13.10 of the Petaluma Municipal Code
is hereby amended as follows:
a. Subdivision (C) of Section 13.10.020 of the Petaluma Municipal Code is
amended to add new paragraphs 1-9 to read as follows:
1. When the Director of Public Works has actual notice of sidewalk areas in
need of maintenance and/or repair, the Director may give written notice to
the owner and/or persons in possession of the lot, or lots or portions of lots
fronting the sidewalk directing that the sidewalk area be maintained and/or
repaired. Notice may be given by personal delivery or by mail.
2. Maintenance/repair notices will include:
a. The work required to be done and the City's cost estimate for the
work.
b. The date by which the work must be commenced.
c. Notice that if the work is not commenced by the specified date, and
once commenced is not diligently pursued without unreasonable
interruption, the Director may commence and/or complete the work
and the cost may be made a lien and/or special assessment on the lot
or lots.
d. Notice that owners and persons in possession of lots subject to
maintenance/repair notices may perform the work or have the work
performed by licensed contractors, or have the City perform the work.
e. Notice of availability of City financing for the work.
3. If persons given maintenance/repair notices do not commence work or
contact the City to commence work within 7 days of the date of the notice,
the Director may give a second maintenance/repair notice at least 7 and not
more than 14 days after the date of the initial notice.
4. The Director may, in his or her sole discretion, upon determining it is
warranted, extend by up to 74 days the date by which the work must be
commenced.
5. If after being given notice, owners or persons in possession of lots subject to
maintenance/repair notices fail to commence work or arrange with the City to
have the work commence by the date specified in the notice, or by any
extended date granted by the Director, the Director may commence and
complete the work and the cost may be made a lien and/or special assessment
on the lot or lots fronting the sidewalk area subject to the notice. In the
Director's sole discretion the Director may choose to commence and
complete the work using contractors of the City or City employees, or a
combination of both.
6. If the City has provided notice that City financing is available, owners and
persons in possession of lots may request City financing for the work. City
financing requires execution of a City financing agreement. City financing is
subject to payment of an administrative fee and interest charged at the prime
lending rate. City financing agreements will have a maximum term of three
years and minimum monthly payments of $100.
7. Property owners and persons in possession of lots are responsible for paying
the City on receipt of the City's invoice for the cost of work performed by or
on behalf of the City for sidewalk maintenance/repair under this section,
including any administrative, inspection or other charges incurred by the
City.
8. Where property owners and persons in possession of lots fail to pay the City
all invoiced costs within 30 days from the date of the invoice, the City in its
sole discretion may choose to collect amounts owing through a collection
agency, and costs of collection, including attorney's fees, and interest, from
such owners and persons in possession of lots, or to make such amounts a
lien and/or special assessment on the lot or lots fronting the sidewalk area
subject to the invoice.
9. The City may initiate liens or special assessment proceedings on amounts
owed the City under financing agreements or for sidewalk work done by or
on behalf of the City under this section as follows:
a. The City will provide property owners and persons in possession of
lots who owe the City amounts for sidewalk maintenance/repair costs
and any related applicable charges, notice of the date, time and place
where the City Council will hear a report on the costs owed and any
objections or protests of any property owner liable to be assessed the
costs, and any other interested persons. Notice will be given in the
same way as notice directing sidewalk maintenance or repair.
b. The City Council will receive a report specifying maintenance and
repairs made, the cost, the amounts owed the City, including in
addition to maintenance/repair costs applicable related charges, a
description of the lots in front of which the maintenance/repair has
been performed, and the assessment proposed to be levied against
each lot. The report may include maintenance/repair to any number
of lots, which need not be contiguous.
c. At the date, time and place noticed for the hearing on the report, the
City Council will hear the report and any objections or protests of
property owners liable to be assessed the costs and of any other
interested persons. The City Council may modify the report as it
deems just and by resolution confirm the report. The City Council's
decision on any objections and protests shall be final and conclusive.
d. Maintenance and repair and related costs confirmed by the City
Council and assessed against lots fronting sidewalk on which
maintenance/repair was performed, if not paid within 5 days after
City Council confirmation, will be a special assessment and a lien on
the lots so assessed which will continue until the assessment and all
interest and other charges are paid or until they are discharged.
e. The City may file a lien certificate with the Sonoma County Recorder
in accordance with California Streets and Highways Code Section
5626 as that section may be amended and in accordance with any
successor statute. The lien certificate may include liens against one
or more lots. After recording the lien certificate, all persons are
deemed to have notice of the lien, and the statute of limitations will
not run against the City's right to enforce payment of the lien. The
City may file and maintain an action to foreclose any lien not paid in
the same manner and using the same procedure, as applicable, as for
delinquent bonds foreclosed under Division 7 of the Streets and
Highways Code.
E As an alternative method of collecting liens under this section, after
confirming the Director's report, the City Council may order notice of
the lien(s) to be delivered to the County Auditor, who shall enter the
amount(s) on the county assessment book opposite the description of
the particular property(ies) and the amount(s) shall be collected
together with all other taxes against the property(ies). The notice of
lien(s) 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. The lien amounts shall be collected at the same time and
in the same manner as ordinary city taxes, and shall be subject to the
same penalties and interest and to the same procedure under
foreclosure and sale in case of delinquency as provided for ordinary
city taxes. All laws applicable to the collection and enforcement of
city and county taxes are applicable to such special assessment taxes.
b. A new subdivision (F) is hereby added to Section 13.10.020 to read as
follows:
F. For purposes of this section, "sidewalk" includes a park or parking strip maintained in
the area between the property line and the street line and also includes curbing,
bulkheads, retaining walls or other works for the protection of any sidewalk or of any
such park or parking strip in accordance with the definition in California Streets and
Highways Code Section 5600, as that section may be amended and in accordance with
any successor statute.
Section 2. Remainder of Chapter Unchanged. Except as amended herein, Chapter
13.10 of the Petaluma Municipal Code remains unchanged and in full force and effect.
Section 3. Resolution 92-08. Resolution 92-08 is hereby repealed in its entirety.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or word
of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a
court of competent jurisdiction or preempted by state legislation, such decision or legislation
shall not affect the validity of the remaining portions of this ordinance. The City Council of the
City of Petaluma hereby declares that it would have passed and adopted this ordinance and each
and all provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional, unlawful or otherwise invalid.
Section 5. Effective Date. This ordinance shall become effective thirty (30) days
after the date of its adoption by the Petaluma City Council.
Section 6. Posting/Publishing of Notice. The City Clerk is hereby directed to
publish or post this ordinance or a synopsis for the period and in the manner provided by the City
Charter and other applicable law.
. Attachment 2
Resolution No. 92-08 N.C.S.
of the City of Petaluma, California
RESOLUTION APPROVING SIDEWALK MAINTENANCE PROGRAM
1 WHEREAS, the City of Petaluma is cognizant of the need to promote safe
2 public sidewalks and walkway surfaces; and
3
4 WHEREAS, property owners have the responsibility to maintain sidewalks on
5 their properties in a safe condition; and
6
7 WHEREAS, the City Council is also aware of the costs associated with
8 maintenance of paved walkways;
9
10 NOW, THEREFORE, BE IT RESOLVED, that the City Council wishes to
11 encourage maintenance of the public sidewalks by establishing a Sidewalk Maintenance
12 Program which includes financial participation by the city in limited circumstances as
13 outlined in the Sidewalk Maintenance Program (attachment A);
14
15 BE IT FURTHER RESOLVED, that funds for the Sidewalk Maintenance
16 Program shall be set aside annually from gasoline sales tax revenue and that the
17 Director of Public Works shall be responsible for administrating the Sidewalk
18 Maintenance Program.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (AX1jtiaXXSpecial) meeting form
on the ....21st............ day of...........Januariy................................ 199.2..., by the
following vote: ......... • •-.•-.`••.'•-••...............
City Attorney
AYES: Read, Davis, Cavanagh, Sobel, Nelson, Vice Mayor Woolsey, Mayor Hilligoss
NOES: None
ABSENT: None
ATTEST: ..��
City Clerk Mayor
Council File ...................................
CA 10-85 Res. No...v(.2-.�. ............. N.C.S. 10
EXT 7BIT A
SIDEWALK MAINTENANCE PROGRAM
CITY OF PETALUMA
I. Purpose
To promote the on-going maintenance and ,repair of sidewalks, on the public
right-of-way through the establishment of an annual sidewalk maintenance -program
y '0
administered by the Public Works Department.
11. Policy
The City of Petd[fiffa Will assist property owners in financing the .repair of
sidewalks within the public"ht-of-way under -the. following circumstances-.,
rig . y
Project Cajaory
A. Work to alleviate an existing, hazard,
demonstrated by buckling, cracked,
broken, or displadddgidewalks, caused
by roots from trees planted in the tight -
of -way.
B. Work to allev*IAW: an existing hazard
demon . strated by buckling,, cracked,
broken, or displaced. sidewalks due
to expansion, contraction, chipping,
settlement or from, trees not planted
in theright-of-way.
C. Anv work to replace curb. and gutter,
which is cracked' 'broken or displaced
III. Process
Financing -
Reconstruction work to be
,split 50% city z. 50%
property owner.
1005' Property Owner
100% City
The Public Works Department shall establish a Jisting of sidewalks which are in
need .:of repair, including work needed and the name of the' property owner., The
,property owner will benotified of ;the repairs required and will be offered -the
opportunity for financial. assistance should the subject property be eligible tinder the
categonesoutlined above . Properties which, are eligible .for financial. participation. by
the City, and those properties Whi6h:refuse- to initiate the required repairs,, will be
repaired by the City using funds allocated for this program. Once. the work has been
completed, the property- owners shall be billed for their portion of the work. Property
tax attaphments'shall be,initiated on those properties which fail to" take required
corrective action.
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Attachment 4
DATE
VIA REGULAR & CERTIFIED MAIL
Name 1
Name 2
Address 1
Address 2
RE: lst NOTICE
Sidewalk Repair at Location (Address)
Assessor's Parcel No. 000-000-000
This letter is your official notice that the sidewalk fronting property you own at the above
location needs to be repaired and maintained in accordance with Petaluma Municipal Code
section 13.10.020.
Please contact a contractor and have the area repaired.
A permit is required for doing such work, and can be obtained at the City of Petaluma,
Department of.Public Works and Utilities, 11 English Street, Petaluma, California 94952. The
work must be done in a manner conforming to City of Petaluma standards. You are further
notified that, if within two weeks after you have been given this notice, you have not commenced
repairs and are not proceeding with diligence and without interruption to the completion of said
repairs, the City of Petaluma shall have the right to make said repairs and bill the property owner
for all costs. If reimbursement is not made, you are further notified that in the event the
City of Petaluma makes said repairs, the cost therefore could result in alien and/or special
assessment and added to the property tax bill on the above-described property and/or be
subject to small claims court or a collection agency.
If the City causes the repairs to be performed, the City will add an administrative fee of $320.00.
Financing options are available:
1. Minimum monthly installment payment of $100 is required.
2. Maximum term of 3years is allowed.
3. City will charge monthly interest at the prime lending rate.
Please contact the City of Petaluma Finance Department @ (707)778-4350 ext. 3 to inquire
about setting up a finance plan.
The cost of the repair work is estimated to be approximately $ . This is solely an
estimate and the actual costs may exceed this estimate. If the property owner does not cause the
below repairs to be completed, then the property owner is responsible for the total costs of the
repair work, which could exceed this estimate, and the administrative fee of $320.00.
Description of Work
0 Specify the work that shall be performed
Attachment 4
DATE
VIA REGULAR & CERTIFIED MAIL
Name 1
Name 2
Address 1
Address 2
RE: lst NOTICE
Sidewalk Repair at Location (Address)
Assessor's Parcel No. 000-000-000
This letter is your official notice that the sidewalk fronting property you own at the above
location needs to be repaired and maintained in accordance with Petaluma Municipal Code
section 13.10.020.
Please contact a contractor and have the area repaired.
A permit is required for doing such work, and can be obtained at the City of Petaluma,
Department of Public Works and Utilities, 11 English Street, Petaluma, California 94952. The
work must be done in a manner conforming to City of Petaluma standards. You are further
notified that, if within two weeks after you have been given this notice, you have not commenced
repairs and are not proceeding with diligence and without interruption to the completion of said
repairs, the City of Petaluma shall have the right to make said repairs and bill the property owner
for all costs. If reimbursement is not made, you are further notified that in the event the
City of Petaluma makes said repairs, the cost therefore could result in a lien and/or special
assessment and added to the property tax bill on the above-described property and/or be
subject to small claims court or a collection agency.
If the City causes the repairs to be performed, the City will add an administrative fee of $320.00.
Financing options are available:
1. Minimum monthly installment payment of $100 is required.
2. Maximum term of 3years is allowed.
3. City will charge monthly interest at the prime lending rate.
Please contact the City of Petaluma Finance Department @ (707)778-4350 ext. 3 to inquire
about setting up a finance plan.
The cost of the repair work is estimated to be approximately $ . This is solely an
estimate and the actual costs may exceed this estimate. If the property owner does not cause the
below repairs to be completed, then the property owner is responsible for the total costs of the
repair work, which could exceed this estimate, and the administrative fee of $320.00.
Description of Work
• Specify the work that shall be performed
• Specify how the work shall be performed
• Specify the materials that shall be used in the repair
This notice is given pursuant to Streets and Highways Code sections 5611-5614, inclusive, and
the City of Petaluma Municipal Code.
You may call City of Petaluma Public Works & Utilities Department at 707 778-4546 should
you need further, information/clarification.
Sincerely,
Dan St. John, Director
Public Works and utilities Department
City of Petaluma
202N. McDowell Blvd.
Petaluma, CA 94954
Or
Curt Bates, City Engineer
City of Petaluma
11 English St.
Petaluma, CA 94952
Or
Mike Ielmorini,
City of Petaluma
11 English St.
Petaluma, CA 94952
Attached:
Petaluma Municipal Ordinance 13.10.020 —13.10.030
PETALUMA MUNICIPAL CODE SECTIONS 13.10.020-13.10.030
Municipal Code section 13.10.020(A)(B)
The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area
between the property line of the lots and the street line, including landscape parking strips,
sidewalks, curbs and gutters, and persons in possession of such lots by virtue of any permit or right
shall repair and maintain such sidewalk areas and pay the costs and expenses therefor.
For the purpose of this chapter, maintenance and repair of sidewalk area shall include, but not be
limited to, maintenance and repair of surfaces including grinding, removal and replacement of
sidewalks, repair and maintenance of curb and gutters, removal of impervious paving materials
from street tree planting strips, or other right-of-way landscape planters, removal of weeds
and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or ground
cover and trimming shrubs within the area between the property line of the adjacent property and
the street pavement line, including planting strips and curbs, so that the sidewalk area will
remain in a condition that is not dangerous to property or to persons using the sidewalk in a
reasonable manner and will be in a condition which will not interfere with the public
convenience in the use of said sidewalk area.
Section 13.10.020(c) states:
1. When the Director of Public Works has actual notice of sidewalk areas in need of
maintenance and/or repair, the Director may give written notice to the owner
and/or persons in possession of the lot, or lots or portions of lots fronting the
sidewalk directing that the sidewalk area be maintained and/or repaired. Notice
may given by personal delivery or by mail.
2. Maintenance/repair notices will include:
a. The work required to be done and the City's cost estimate for the work.
b. The date by which the work must be commenced.
C. Notice that if the work is not commenced by the specified date, and once
commenced is not diligently pursued without unreasonable interruption, the
Director may commence and/or complete the work and the cost may be made a
lien and/or special assessment on the lot or lots.
d. Notice that owners and persons in possession of lots subject to maintenance/repair
notices may perform the work or have the work performed by licensed contractors,
or have the City perform the work.
e. Notice of availability of City financing for the work.
3. If persons given maintenance/repair notices do not commence work or contact the
City to commence work within 7 days of the date of the notice, the Director may
give a second maintenance/repair notice at least 7 and not more than 14 days after
the date of the initial notice.
4. The Director may, in his or her sole discretion, upon determining it is warranted,
extend by up to 74 days the date by which the work must be commenced.
5. If after being given notice, owners or persons in possession of lots subject to
maintenance/repair notices fail to commence work or arrange with the City to have
the work commence by the date specified in the notice, or by any extended date
granted by the Director, the Director may commence and complete the work and
the cost may be made a lien and/or special assessment on the lot or lots fronting
the sidewalk area subject to the notice. In the Director's sole discretion the
Director may choose to commence and complete the work using contractors of the
City or City employees, or a combination of both.
6. If the City has provided notice that City financing is available, owners and persons
in possession of lots may request City financing for the work. City financing
requires execution of a City financing agreement. City financing is subject to
payment of an administrative fee and interest charged at the prime lending rate.
City financing agreements will have a maximum term of three years and minimum
monthly payments of $100.
7. Property owners and persons in possession of lots are responsible for paying the
City on receipt of the City's invoice for the cost of work performed by or on behalf
of the City for sidewalk maintenance/repair under this section, including any
administrative, inspection or other charges incurred by the City.
8. Where property owners and persons in possession of lots fail to pay the City all
invoiced costs within 30 days from the date of the invoice, the City in its sole
discretion may choose to collect amounts owing through a collection agency, and
costs of collection, including attorney's fees, and interest, from such owners and
persons in possession of lots, or to make such amounts a lien and/or special
assessment on the lot or lots fronting the sidewalk area subject to the invoice.
9. The City may initiate liens or special assessment proceedings on amounts owed the
City under financing agreements or for sidewalk work done by or on behalf of the
City under this section as follows:
a. The City will provide property owners and persons in possession of lots who
owe the City amounts for sidewalk maintenance/repair costs and any related
applicable charges, notice of the date, time and place where the City Council
will hear a report on the costs owed and any objections or protests of any
property owner liable to be assessed the costs, and any other interested persons.
Notice will be given in the same way as notice directing sidewalk maintenance
or repair.
b. The City Council will receive a report specifying maintenance and repairs
made, the cost, the amounts owed the City, including in addition to
maintenance/repair costs applicable related charges, a description of the lots in
front of which the maintenance/repair has been performed, and the assessment
proposed to be levied against each lot. The report may include
maintenance/repair to any number of lots, which need not be contiguous.
c. At the date, time and place noticed for the hearing on the report, the City
Council will hear the report and any objections or protests of property owners
liable to be assessed the costs and of any other interested persons. The City
Council may modify the report as it deems just and by resolution confirm the
report. The City Council's decision on any objections and protests shall be
final and conclusive.
d. Maintenance and repair and related costs confirmed by the City Council and
assessed against lots fronting sidewalk on which maintenance/repair was
performed, if not paid within 5 days after City Council confirmation, will be a
special assessment and a lien on the lots so assessed which will continue until
the assessment and all interest and other charges are paid or until they are
discharged.
e. The City may file a lien certificate with the Sonoma County Recorder in
accordance with California Streets and Highways Code Section 5626 as that
section may be amended and in accordance with any successor statute. The
lien certificate may include liens against one or more lots. After recording the
lien certificate, all persons are deemed to have notice of the lien, and the statute
of limitations will not run against the City's right to enforce payment of the
lien. The City may file and maintain an action to foreclose any lien not paid in
the same manner and using the same procedure, as applicable, as for delinquent
bonds foreclosed under Division 7 of the Streets and Highways Code.
£ As an alternative method of collecting liens under this section, after confirming
the Director's report, the City Council may order notice of the lien(s) to be
delivered to the County Auditor, who shall enter the amount(s) on the county
assessment book opposite the description of the particular property(ies) and the
amount(s) shall be collected together with all other taxes against the
property(ies). The notice of lien(s) 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. The lien amounts shall be collected at the same
time and in the same manner as ordinary city taxes, and shall be subject to the
same penalties and interest and to the same procedure under foreclosure and
sale in case of delinquency as provided for ordinary city taxes. All laws
applicable to the collection and enforcement of city and county taxes are
applicable to such special assessment taxes.
A new subdivision (F) is hereby added to Section 13.10.020 to read as follows:
F. For purposes of this section, "sidewalk" includes a park or parking strip maintained in
the area between the property line and the street line and also includes curbing,
bulkheads, retaining walls or other works for the protection of any sidewalk or of any
such park or parking strip in accordance with the definition in California Streets and
Highways Code Section 5600, as that section may be amended and in accordance with
any successor statute.
Section 13.10.030 states:
The property owners of lots or portions of lots fronting on or adjacent to any portion of a street
or any portion of a sidewalk area between the property line of the lots and the street line and any
persons in possession of such lots by virtue of any permit or right, shall owe a duty to members
of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If as
a result of the failure of any property owner to maintain the sidewalk area in a nondangerous
condition, any person suffers injury or damage to person or property, the property owner shall be
liable to such person for the resulting damages or injury. (Ord. 1970 NCS § 3 (part), 1994.)
Attachment 5
DATE
VIA REGULAR & CERTIFIED MAIL
Name
Name 2
Address 1
Address 2
RE: 2ND NOTICE
Sidewalk Repair at Location (Address)
Assessor's Parcel No. 000-000-000
This letter is your second notice that the sidewalk fronting property you own at the above location
needs to be repaired and maintained in accordance with Petaluma Municipal Code section 13.10.020.
Please contact a contractor and have the area repaired.
A permit is required, and can be obtained at the City of Petaluma, Department of Public Works and
Utilities, 11 English Street, Petaluma, California 94952, for doing such work. The work must be
done in a manner conforming to City of Petaluma standards. You are further notified that, if within
two weeks after you have been given this notice, you have not commenced repairs and are not
proceeding with diligence and without interruption to the completion of said repairs, the City of
Petaluma shall have the right to make said repairs and bill the property owner for all costs. If
reimbursement is not made, you are further notified that in the event the City of Petaluma
makes said repairs, the cost therefor could result in alien and/or special assessment and added
to the property tax bill on the above-described property and/or be subject to small claims
court or a collection agency.
Financing options are available:
1. Minimum monthly installment payment of $100 is required.
2. Maximum term of 3 years is allowed.
3. City will charge monthly interest at the prime lending rate.
Please contact the City of Petaluma Finance Department @ (707)778-4350 ext. 3 to inquire about
setting up a finance plan.
The cost of the repair work is estimated to be approximately $ . This is solely an
estimate and the actual costs may exceed this estimate. If the property owner does not cause the
below repairs to be completed, then the property owner is responsible for the total costs of the repair
work, which could exceed this estimate, and the administrative fee of $320.00.
S:\CIP\Programs\Sidewalk\March 7\Att 5 Draft 2nd Notice -Sidewalk - Final.doc 18
Description of Work
• Specify the work that shall be performed
• Specify how the work shall be performed
• Specify the materials that shall be used in the repair
This notice is given pursuant to sections 5611-5614, inclusive, of the Streets and Highways Code
and the City of Petaluma Municipal Code.
You may call City of Petaluma Public Works & Utilities Department at 707 778-4546 should
you need further information/clarification.
Sincerely,
Dan St. John, Director
Public Works and utilities Department
City of Petaluma
202N. McDowell Blvd.
Petaluma, CA 94954
Or
Curt Bates, City Engineer
City of Petaluma
11 English St.
Petaluma, CA 94952
Or
Mike Ielmorini,
City of Petaluma
11 English St.
Petaluma, CA 94952
Attached:
Petaluma Municipal Ordinance 13.10.020 — 13.10.030
S:\CIP\Programs\Sidewalk\March 7\Att 5 Draft 2nd Notice -Sidewalk - Final.doc 19
PETALUMA MUNICIPAL CODE SECTIONS 13.10.020-13.10.030
Municipal Code section 13.10.020(A)(B)
The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area
between the property line of the lots and the street line, including landscape parking strips,
sidewalks, curbs and gutters, and persons in possession of such lots by virtue of any permit or right
shall repair and maintain such sidewalk areas and pay the costs and expenses therefor.
For the purpose of this chapter, maintenance and repair of sidewalk area shall include, but not be
limited to, maintenance and repair of surfaces including grinding, removal and replacement of
sidewalks, repair and maintenance of curb and gutters, removal of impervious paving materials
from street tree planting strips, or other right-of-way landscape planters, removal of weeds
and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or ground
cover and trimming shrubs within the area between the property line of the adjacent property and
the street pavement line, including planting strips and curbs, so that the sidewalk area will
remain in a condition that is not dangerous to property or to persons using the sidewalk in a
reasonable manner and will be in a condition which will not interfere with the public
convenience in the use of said sidewalk area.
Section 13.10.020(c) states:
1. When the Director of Public Works has actual notice of sidewalk areas in need of
maintenance and/or repair, the Director may give written notice to the owner
and/or persons in possession of the lot, or lots or portions of lots fronting the
sidewalk directing that the sidewalk area be maintained and/or repaired. Notice
may be given by personal delivery or by mail.
2. Maintenance/repair notices will include:
a. The work required to be done and the City's cost estimate for the work.
b. The date by which the work must be commenced.
C. Notice that if the work is not commenced by the specified date, and once
commenced is not diligently pursued without unreasonable interruption, the
Director may commence and/or complete the work and the cost may be made a
lien and/or special assessment on the lot or lots.
d. Notice that owners and persons in possession of lots subject to maintenance/repair
notices may perform the work or have the work performed by licensed contractors,
or have the City perform the work.
e. Notice of availability of City financing for the work.
3. If persons given maintenance/repair notices do not commence work or contact the
City to commence work within 7 days of the date of the notice, the Director may
give a second maintenance/repair notice at least 7 and not more than 14 days after
the date of the initial notice.
4. The Director may, in his or her sole discretion, upon determining it is warranted,
extend by up to 74 days the date by which the work must be commenced.
5. If after being given notice, owners or persons in possession of lots subject to
maintenance/repair notices fail to commence work or arrange with the City to have
20
the work commence by the date specified in the notice, or by any extended date
granted by the Director, the Director may commence and complete the work and
the cost may be made a lien and/or special assessment on the lot or lots fronting
the sidewalk area subject to the notice. In the Director's sole discretion the
Director may choose to commence and complete the work using contractors of the
City or City employees, or a combination of both.
6. If the City has provided notice that City financing is available, owners and persons
in possession of lots may request City financing for the work. City financing
requires execution of a City financing agreement. City financing is subject to
payment of an administrative fee and interest charged at the prime lending rate.
City financing agreements will have a maximum term of three years and minimum
monthly payments of $100.
7. Property owners and persons in possession of lots are responsible for paying the
City on receipt of the City's invoice for the cost of work performed by or on behalf
of the City for sidewalk maintenance/repair under this section, including any
administrative, inspection or other charges incurred by the City.
8. Where property owners and persons in possession of lots fail to pay the City all
invoiced costs within 30 days from the date of the invoice, the City in its sole
discretion may choose to collect amounts owing through a collection agency, and
costs of collection, including attorney's fees, and interest, from such owners and
persons in possession of lots, or to make such amounts a lien and/or special
assessment on the lot or lots fronting the sidewalk area subject to the invoice.
9. The City may initiate liens or special assessment proceedings on amounts owed the
City under financing agreements or for sidewalk work done by or on behalf of the
City under this section as follows:
a. The City will provide property owners and persons in possession of lots who
owe the City amounts for sidewalk maintenance/repair costs and any related
applicable charges, notice of the date, time and place where the City Council
will hear a report -on the costs owed and any objections or protests of any
property owner liable to be assessed the costs, and any other interested persons.
Notice will be given in the same way as notice directing sidewalk maintenance
or repair.
b. The City Council will receive a report specifying maintenance and repairs
made, the cost, the amounts owed the City, including in addition to
maintenance/repair costs applicable related charges, a description of the lots in
front of which the maintenance/repair has been performed, and the assessment
proposed to be levied against each lot. The report may include
maintenance/repair to any number of lots, which need not be contiguous.
c. At the date, time and place noticed for the hearing on the report, the City
Council will hear the report.and any objections or protests of property owners
liable to be assessed the costs and of any other interested persons. The City
Council may modify the report as it deems just and by resolution confirm the
report. The City Council's decision on any objections and protests shall be
final and conclusive.
d. Maintenance and repair and related costs confirmed by the City Council and
assessed against lots fronting sidewalk on which maintenance/repair was
performed, if not paid within 5 days after City Council confirmation, will be a
special assessment and a lien on the lots so assessed which will continue until
the assessment and all interest and other charges are paid or until they are
discharged.
21
e. The City may file a lien certificate with the Sonoma County Recorder in
accordance with California Streets and Highways Code Section 5626 as that
section may be amended and in accordance with any successor statute. The
lien certificate may include liens against one or more lots. After recording the
lien certificate, all persons are deemed to have notice of the lien, and the statute
of limitations will not run against the City's right to enforce payment of the
lien. The City may file and maintain an action to foreclose any lien not paid in
the same manner and using the same procedure, as applicable, as for delinquent
bonds foreclosed under Division 7 of the Streets and Highways Code.
£ As an alternative method of collecting liens under this section, after confirming
the Director's report, the City Council may order notice of the lien(s) to be
delivered to the County Auditor, who shall enter the amount(s) on the county
assessment book opposite the description of the particular property(ies) and the
amount(s) shall be collected together with all other taxes against the
property(ies). The notice of lien(s) 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. The lien amounts shall be collected at the same
time and in the same manner as ordinary city taxes, and shall be subject to the
same penalties and interest and to the same procedure under foreclosure and
sale in case of delinquency as provided for ordinary city taxes. All laws
applicable to the collection and enforcement of city and county taxes are
applicable to such special assessment taxes.
A new subdivision (F) is hereby added to Section 13.10.020 to read as follows:
F. For purposes of this section, "sidewalk" includes a park or parking strip maintained in
the area between the property line and the street line and also includes curbing,
bulkheads, retaining walls or other works for the protection of any sidewalk or of any
such park or parking strip in accordance with the definition in California Streets and
Highways Code Section 5600, as that section may be amended and in accordance with
any successor statute.
Section 13.10.030 states:
The property owners of lots or portions of lots fronting on or adjacent to any portion of a street
or any portion of a sidewalk area between the property line of the lots and the street line and any
persons in possession of such lots by virtue of any permit or right, shall owe a duty to members
of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If as
a result of the failure of any property owner to maintain the sidewalk area in a nondangerous
condition, any person suffers injury or damage to person or property, the property owner shall be
liable to such person for the resulting damages or injury. (Ord. 1970 NCS § 3 (part), 1994.)
22
Name: ID
Address: Invoice Date
Due Date:
SIDEWALK REPAIR /RECONSTRUCTION
Dear Sir/Madam,
As you have been notified earlier this invoice shows the final amount you owe to the City of Petaluma,
for the sidewalk repair / reconstruction work within your property line.
The details of the cost are explained below.
If you have any questions and/or clarifications with reference to this invoice, please direct it to the
following address:
No. Item Description Unit cost (} Quantity Total Cost (}
1 Sidewalk Demo and Reconstruction -500 SF $12.00 per SF 500 $6,000.00
2 Driveway / Tree Removal and Misc. Work $200.00 1 $200.00
*3 Administration Fee $320.00 1 $320,00
**TOTAL AMOUNT DUE ` $6,520.00
NOTE:
IF THIS IS NOT PAID WITHIN THE DUE DATE OR AN ARRANGEMENT FOR FINANCING IS NOT MADE BEFORE THE
DUE DATE, THE TOTAL AMOUNT WILL BE ADDED TO YOUR PROPERTY TAX BILL AND/OR A LIEN WILL BE PLACED
ON YOUR PROPERTY. ALL UNPAID INVOICES WILL ACCRUE INTEREST BASED ON THE PRIME LENDING RATE.
* Fixed Administration Fee is collected on all sidewalk repair / reconstruction work done by the City of Petaluma
on behalf of the Property owner. The details of the.charges are on the other side of this invoice. The property
owners who choose to do the repair on their own, will pay an encroachment permit fee and will not pay the
Administration fee.
23
Attachment 6
"FINANCING OPTIONS ARE AVAILABLE AS FOLLOWS:
Minimum installment payment of $100 per month for a maximum of 3years. Finance charge/processing
fee of $5 is applicable for each transaction over and above the minimum $100 monthly installment.
2. Please call City of Petaluma Finance Department Accounts Receivable @ (707)778-4341 to get details of
the eligibility and terms and conditions of the finance options.
24
RECORDING REQUESTED BY AND
RETURN TO:
City Clerk
CITY OF PETALUMA
11 English Street
Petaluma, CA 94952
EXEMPT FROM RECORDING FEES PER GOV'T CODE
§§ 6103, 27383 AND FROM DOCUMENTARY TRANSFER
TAX PER REV. AND TAX. CODE§ 11922
Name JOHN DOE
Address 1234 MAIN STREET
City, State, Zip ANYTOWN, CA, 91234
Attachment 7
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
FINANCING
AGREEMENT
DATE:
Note void if unsigned and/or returned after 30 days
The undersigned promises to pay to the City of Petaluma, Finance Department, the principal amount of
FOR: The cost of: Repair of Sidewalk —1234 Main Street — APN# 123-0456-078-0000
Payments are to be made as follows: Monthly payments will be determined by the principal amount, so long as
the minimum monthly payment is at least $100.00 and the maximum term of an agreement is 3 years. In
addition to the minimum payment, monthly Interest and Fees will be charged on all financial agreements.
Regular monthly payment is due on or before. the 15th day of each month until paid in full. Based on the
principal amount of $ monthly payments in the amount of $ will commence on
(date).
IN THE EVENT OF A DEFAULT OF ANY PAYMENT, THE ENTIRE REMAINING PRINCIPAL SHALL BE DUE AND PAYABLE
FORTHWITH. ACCOUNTS IN DEFAULT WILL BE PLACED AS AN ASSESSMENT ON THE ANNUAL PROPERTY TAX
BILL. ACCOUNTS SENT TO COLLECTIONS MAY BE SUBJECT TO ADDITIONAL FEES ALLOWABLE PERSUANT TO
PETALUMA MUNICIPAL CODE §13.10.020.
AUTHORIZATION FOR METHODS OF CONTACT
You agree, that at any time should we need to contact you to collect money owed, we or our collection agency may use various
dialing methods in order to reach you. Methods of contact at any number associated with your account including wireless
telephone, which could result in charges to you, may include using pre-recorded/artificial voice messages and/or use of an
automatic dialing device as applicable. Our office and/or collection agency may also contact you by sending a text message
or emails, using any e-mail address you have provided. I/We have read this disclosure and agree that the
Lender/Creditor/Collectiori Agency may contact me/us as described above.
Ki
I HEREBY ACCEPT THE ABOVE TERMS AND CONDITIONS, AND AGREE TO TENDER PAYMENTS PER THE SCHEDULE
ABOVE.
Mail payments to:
City of Petaluma
Finance Department
11 English Street
Petaluma, CA 94952
RE: Invoice # DOTTSW00000
Customer ID: 150000000
SS# or CDL: xxxxxxxx
Please sign and return WHITE copy
Keep YELLOW for your records
Mailing Address, City,
State, Zip
Signature
Print name
Date
Day Telephone No.
26