HomeMy WebLinkAboutOrdinance 2571 N.C.S. 03/21/20161
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EFFECTIVE DATE ORDINANCE NO. 2571 N.C.S.
OF ORDINANCE
April 21, 2016
Introduced by Seconded by
Mike Healy Kathy Miller
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 N.C.S. 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, the City Council directs staff to coordinate as much as possible with property
owners regarding the two notifications required pursuant to this ordinance, and also directs staff
to provide outreach to educate the public about the ordinance as adopted; and
Ordinance No. 2571 N.C.S.
Page 1
I WHEREAS, Resolution 92-08 adopted January 21, 1992 established a sidewalk
2 maintenance program which included financial participation by the City in limited
3 circumstances and established that funds for the sidewalk maintenance program would be set
4 aside annually from gasoline sales fax revenue and the Director of Public Works would be
5 responsible for administrating the Sidewalk Maintenance Program; and
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7 WHEREAS, the City has not financially participated in the funding of sidewalk
8 maintenance due to budget cuts and accordingly it is appropriate to repeal Resolution 92-08 in
9 favor of a proposed amended sidewalk maintenance program;
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11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
12 FOLLOWS:
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14 Section 1. Chapter 13.10 Amended. Chapter 13.10 of the Petaluma Municipal Code
15 is hereby amended as follows:
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17 a. Subdivision (C) of Section 13.10.020 of the Petaluma Municipal Code is
18 amended to add new paragraphs 1-9 to read as follows:
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20 1. When the Director of Public Works has actual notice of sidewalk areas in
21 need of maintenance and/or repair, the Director may give written notice
22 to the owner and/or persons in possession of the lot, or lots or portions of
23 lots fronting the sidewalk directing that the sidewalk area be maintained
24 and/or repaired. Notice may be given by personal delivery or by mail.
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26 2. Maintenance/repair notices will include:
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28 a. The work required to be done and the City's cost estimate for the
29 work.
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31 b. The date by which the work must be commenced.
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33 c. Notice that if the work is not commenced by the specified date, and
34 once commenced is not diligently pursued without unreasonable
35 interruption, the Director may commence and/or complete the work
36 and the cost may be made a lien and/or special assessment on the
37 lot or lots.
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39 d. Notice that owners and persons in possession of lots subject to
40 maintenance/repair notices may perform the work or have the work
41 performed by licensed contractors, or have the City perform the
42 work.
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44 e. Notice of availability of City financing for the work.
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46 3. If persons given maintenance/repair notices do not commence work or
47 contact the City to commence work within 7 days of the date of the notice,
48 the Director may give a second maintenance/repair notice at least 7 and
49 not more than 14 days after the date of the initial notice.
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51 4. The Director may, in his or her sole discretion, upon determining it is
52 warranted, extend by up to 74 days the date by which the work must be
53 commenced.
54
Ordinance No. 2571 N.C.S. Page 2
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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.
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
Ordinance No. 2571 N.C.S.
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follows:
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.
b. A new subdivision (F) is hereby added to Section 13.10.020 to read as
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.
Ordinance No. 2571 N.C.S.
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Section 3. Resolution 92-08 N.C.S. Resolution 92-08 N.C.S. 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.
INTRODUCED and ordered posted this 7th day of March, 2016.
ADOPTED this 21St day of March, 2016, by the following vote:
Ayes:
Barrett, Mayor Glass, Healy, Kearney, Vice Mayor King, Miller
Noes:
None
Abstain:
None
Absent:
Albertson
ATTEST:
David Glass, Mayor
APPROVE.i,AS TO
Claire Cooper, City Clerk Eric W. Danly, City A
Ordinance No. 2571 N.C.S.
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