Ordinance 657
ORDINANCE NO. 657
A ORDINANCE OF THE CITY OF GILROY ADDING CHAPTER 20A TO THE
GILROY CITY CODE, PROVIDING FOR THE CONSTRUCTION OF SIDEVlALKS"
CURBS AND GUTTERS, ESTABLISHING A PROCEDURE THEREFOR, AND
PROVIDING FOR THE ASSESSMENT AND COLLECTION OF THE COSTS OF THE
CONSTRUCTION OF SUCH SIDEWALKS, CURBS AND GUTTERS.
THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
SECTION I.
Chapter 20A is hereby added to the Gilroy City Code to read
as follows:
CHAPTER 20A. CONSTRUCTION OF SIDEWALKS AND CURBS
ARTICLE I. GENERAL PROVISIONS
Section 20.41. "BLOCK" DEFINED. As used in this chapter,
"block" means property facing one side of any street between the
next intersecting streets.
Section 20.42. APPLICATION OF CHAPTER: TERMS INCLUDED IN
"SIDEWALKS AND CURBS." This chapter shall apply to the construction
of sidewalks, gutters, pavements, and curbs in front of properties
in any block where a sidewalk, gutter, pavement, or curb or all of
them have been constructed theretofore in front of properties in
said block constituting more than fifty percent (50%) of the front
footage of said block or where the owners of more than 50 percent of
the front footage of the block, as shown by the last equalized
assessment roll of the city, file a petition with the city clerk
requesting the installation of any such improvements.
As used in this chapter, "sidewalks and curbs" includes
"gutters" and includes "pavements" to the centerline of the street.
Section 20.43. CHAPTER CONSTITUTES ALTERNATIVE PROCEDURE:
APPLICATION OF OTHER PROVISIONS. This chapter constitutes a
separate and alternative procedure for performing the work specified
herein, and no other provision of this code shall apply to proceedings
(p .5 '7
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instituted hereunder. The "Special Assessment Investigation,
Limitation and Majority protest Act of 1931" shall not apply to
any proceedings taken under this chapter.
ARTICLE ~ PERFORMING ~ WORK
Section 20.44. DUTY OF LOT OWNERS. The owners of lots or
portions of lots fronting on any public street or place whtchc,has been
improved by the construction of sidewalks or curbs or both for a
total frontage of more than fifty percent (50%) on one side of
such street or place in any block, or where a petition signed by
the owners of more than fifty percent (50%) of the front footage
of the block has been filed with the city clerk requesting the
installation of such improvements, shall have the duty of constructing
or causing the construction of a sidewalk or curb or both in front
of his property upon notice so to do by the Director of Public
Works.
Section 20.45. NOTICE TO CONSTRUCT AND HEARING: CIRCUM-
STANCES AUTHORIZING NOTICE. When the Director of Public Works
finds that sidewalks or curbs or both have been constructed in
front of properties constituting more than fifty percent (50%)
of the frontage in any block, or where a petition signed by the
owners of more than fifty percent (50%) of the front footage of
the block has been filed with the city clerk requesting the
installation of such improvements, said Director of Public Works
may, and upon the instructions of the council of the city shall,
I
notify the owner or person in possession of the property fronting
on that portion of the street in such block in which no curb or
sidewalk has been constructed theretofore, to construct or cause
to be constructed a curb or sidewalk or both in front of his
property.
section 20.46. SAME: HOW NOTICE GIVEN. Notice to construct
may be given by delivering a written notice personally to the owner
or to the person in possession of the property facing upon the
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sidewalk or curb to be oonstructed or by mailing a postal card,
postage prepaid, to the person in possession of such property, or
to the owner thereof at his last known address as the same appears
on the last equalized assessment rolls of such city or to the name
and address of the person owning such property as shown in the
records of the office of the clerk.
Section 20.47. SAME: CONTENTS: POSTING. The postal card
shall contain a notice to construct the sidewalk or curb or both
as the case may be, and the Director of Public Works shall,
immediately upon the mailing of the notice, cause a copy thereof,
printed on a card of not less than 8 inches by 10 inches in size,
to be posted in a conspicuous place on the property.
Section 20.48. SAME: SPECIFICATION OF TIME AND PLACE FOR
HEARING: HEARING: DECISION CONCLUSIVE: ADDITIONAL HEARING.
The notice also shall specify the day, hour and place when the
council will hear and pass upon objections or protests, if any,
which may be raised by any property owner or other interested
persons. Upon the day and hour fixed for the hearing the council
shall hear and pass upon such objections or protests. The decision
of the council on all protests and objections which may be made,
shall be final and conclusive. The hearing required by this
section shall be in addition to the hearing required by Section
20.52 of this chapter.
Section 20.49. SAME: OTHER PARTICULAR SPECIFICATIONS.
The notice shall particularly specify what work is required to be
done, and how it is to be done, and what materials shall be used
in the construction and shall further specify that if the con-
struction is not commenced within 60 days after notice is given
and diligently and without interruption prosecuted to completion,
the Director of Public Works shall cause the construction to be
done, and the cost of the same shall be a lien on the property.
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section 20.50. CONSTRUCTION BY DIRECTOR OF PUBLIC WORKS.
If the construction is not commenced and prosecuted to comp~et~Qn
with due diligence, as required by the notice or by the council
after the hearing required by Section 20.48 of this chapter, the
Director of Public Works shall forthwith construct the sidewalk.
Section 20.51. NOTICE OF COST OF CONSTRUCTION. Upon the
completion of the construction, the Director of Public works shall
cause notice of the cost of the construction to be given in the
manner specified in this article for the giving of notice to
construct, which notice shall specify the day, hour and place
when the council will hear and pass upon a report by the Director
of Public Works of the cost of the construction, together with
any objectXns or protests, if any, which may be raised by any
property owner liable to be assessed for the cost of such
construction and any other interested persons.
Section 20.52. REPORT OF WORK. Upon the completion of the
construction, the Director of Public Works shall prepare and file
with the council a report specifying the work which has been done,
the cost of construction, a description of the real property in
front of which the work has been done and the assessment against
each lot or parcel of land proposed to be levied to pay the cost
thereof. Any such report may include work done in front of any
number of parcels of property, whether contiguous to each other
or not.
Section 20.53. HEARING ON REPORT: REVISION, CORRECTION, OR
MODIFICATION: CONFIRMATION: ADJOURNMENT OF HEARINGS: FINALITY
OF DECISION. Upon the day and hour fixed for the hearing the
council shall hear and pass upon the report of the Director of
Public Works together with any objections or protests which may
be raised by any of the property owners liable to be assessed for
such construction and any other interested persons. Thereupon
the council may make such revision, coreection or modifications
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in the report as it may deem just, after which, by motion or re-
solution, the report as submitted, or as revised, corrected or
modified, shall be confirmed. The council may adjourn the hearings
from time to time. The decisions of the council on all protests
and objections which may be made, shall be final and conclusive.
ARTICLE 3. COLLECTION OF ~ OF CONSTRUCTION
Section 20.54. ASSESSMENT OF COST OF CONSTRUCTION:
SPECIAL ASSESSMENT AND LIEN. The cost of the construction may be
assessed by the council against the parcel of property fronting
upon the sidewalk or curb so constructed, and such cost so assessed,
if not paid within five days after its confirmation by the council,
shall constitute a special assessment against that parcel of
property, and shall be a lien on the property for the amount
thereof from the time of recordation of the notice of lien, which
lien shall continue until the assessment and all interest thereon
is paid, or until it is discharged of record.
section 20.55. CERTIFICATE: FILING: FORM. The Director
of Public Works may file in the office of the county recorder of
the county in which the parcel of property is located, a certificate
substantially in the following form, to wit:
NOTICE OF LIEN
pursuant to the authority vested in me by Chapter 20A of the
Gilroy city Code, I did, on the day of , 1961,
cause the sidewalk or curb to be constructed, and the council of
said city did, on the day of , 1961, by
Resolution NO.
assess the cost of such construction
upon the real property hereinafter described, and the same has not
been paid nor any part thereof, and the said city, does hereby
claim a lien on said real property in the sum of dollars
($ ), and the same shall be a lien upon said real property
until the said sum, with interest at the rate of percent
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(insert rate of interest as fixed by council, not to exceed 6
percent) per annum, from the said day of , 1961,
(insert date of the thirty-first day after confirmation of assess-
ment), has been paid in full and discharged of record.
The real property hereinbefore mentioned and upon which a lien
is claimed, is that certain piece or parcel of land lying and
being in the said city of Gilroy, County of Santa Clara, State of
California, and particularly described as follows, to wit:
(DESCRIPTION OF PROPERTY)
Dated this day of , 1961,
Section 20.56. STATUTE OF LIMITATIONS: FORECLOSURE.
From and after the date of the recording of the notice of lien, all
persons shall be deemed to have had notice of the contents thereof.
The notice of lien may include claims against one or more separate
parcels of property, whether contiguous or not, together with
the amount due, respectively, from each such parcel. The statute
of limitation shall not run against the right of the city to
enforce the payment of the lien. If any such lien is not paid
the city may file and maintain an action to foreclose such lien
in the same manner and under the same procedure, so far as
applicable, as that under which delinquent bonds are foreclosed
under this division.
Section 20.57. ALTERNATIVE METHOD OF COLLECTION. As an
alternative method of collection of amount of the lien, the
council, after confirmation of the report of the Director of
Public Works, may order the notice of lien to be turned over to
the accounting offier and the tax collector of the city, whereupon
it shall be the duty of those officers to addfue amount of the
assessment to the next regular bill for taxes levied against the
lot or parcel of land. If city taxes are collected by the county
officials, the notice of lien shall be delivered to the county
auditor, who shall enter the amount thereof on the county
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assessment book opposite the description of the particular
proprty and the amount shall be collected together with all
other taxes thereon against the property. The notice of lien
shall be delivered to the county auditor before the date fixed
by law for the delivery of the assessment book to the county
board of equalization.
Section 20.58. SAME: ~~m\mR OF COLLECTION OF LIEN: PSNALTIES
AND INTEREST: FORECLOSURE PROCEDURE: LAWS APPLICABLE.
Thereafter the amount of the lien shall be collected at the same
time and in the same manner as ordinary city taxes are collected,
and shall be subject to the same penalties and interest and to
the same procedure under foreclosure and sale in case of
delinquency as provided for ordinary city taxes. All laws
applicable to the levy, collection and enforcement of city taxes
and county taxes are hereby made applicable to such special
assessment taxes.
Section 20.59. DETERMINATION BY COUNCIL FOR PAYMENT OF
ASSESSMENTS IN ANNUAL INSTALLMENTS: LIMITATIONS AND CONDITIONS:
INTEREST: RESOLUTION. The council shall have the power, in its
discretion, to determine that the payment of such assessments of
fifty dollars ($50) or more may be made in annual installments, in
any event not to exceed 10, and that the payment of assessments so
deferred shall bear interest on the unpaid balance at a rate to
be determined by the council, not to exceed 6 percent per annum.
Said interest shall begin to run on the thirty-first day after the
confirmation of the assessments by the council. All such deter-
minations may be expressed by resolution of the council at any
time prior to the confirmation of the assessments.
SECTION 2.
All ordinances and parts of ordinances in conflict herewith
are hereby repealed.
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SECTION 3.
This ordinance shall take effect and be in full force thirty
(30) days from and after the date of its adoption.
Adopted and Passed this
7th
day of
August
,1961, by
the following votes.
NOES:
C0uncilmen: Duffin,Goodrlch,Jordan,Petersen,Quartl roll,
Wentworth, and Sahchez.
Councilmen: None
AYES:
ABSENT:
Councilmen: None
APPROVED:
<;;7 S:~~r
ATTEST:
d~uJ~/ &,+
~< C1ty Clerk <
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SUSANNE E. PAYNE
. City Clerk of the City
of Gilroy, do hereby certify that the attached Ordinance No. 657
is a true and correct copy of the whole of such Ordinance, duly
adopted by the Council of the City of Gilroy, at a regular meeting
of said Council held on the 7th
day of
August
,
19 61 ,at which meeting a quorum was present.
I further certify that the said ordinance has been pub-
lished in accordance with the charter of the City of Gilroy.
IN WITNESS WHEREOF, ,I have hereunto set my hand and affixed
the official seal of the City of Gilroy, this 8th
day of
Auaust
, 19.2.L..
I
\
~l ~
City Clerk of the City of Gi roy