HomeMy WebLinkAbout1014ORDINANCE NO. 1014 (1984 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO AMENDING SECTIONS 12.12.030
AND 12.12.0140 OF CHAPTER 12.12 OF TITLE 12
OF THE MUNICIPAL CODE, RELATING TO THE
CONSTRUCTION, RECONSTRUCTION AND REPAIR OF
SIDEWALKS.
BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Chapter 12.12, Section 12.12.030 is hereby amended to
Title 12 of the San Luis Obispo Municipal Code to read as follows:
12.12.030 Cost of construction - Collection -
Filing notice of lien.
A. The cost may be assessed by the council against the parcel of
property fronting upon the sidewalk constructed, reconstructed or
repaired, and such cost so assessed, if not paid within five days after
its confirmation by the council, shall constitute a special assessment
against such 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.
B. The Finance Director may file in the office of the county
recorder a certificate substantially in the following form:
NOTICE OF LIEN
Pursuant to the authority vested in me by Ordinance No. 1014 of
the City of San Luis Obispo, I did on the day of , 19 ,
0 1014
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Ordinance No.- 1014(1984 Series)
cause the sidewalk, curb, gutter or park or parking strip, bulkheads,
retaining walls or other works (as the case may be) in the front of
the real property hereinafter described, to be constructed,
reconstructed or repaired, and the Council of said city did, on
the day of , 19 , by Resolution No.
assess the cost of such repair upon the
real property in the sum of
dollars ($ ), and the same shall be a lien upon the
real property until the said sum, with interest at the rate of 10
percent per annum, from the said day of
19 (insert date of confirmation of assessment), 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 City of San Luis Obispo, State of California, and particularly
described as follows, to wit:
(Description of property)
Dated this day of , 19
Finance Director
Ordinance No.1014(1984 Series)
C. From and after the date of recording 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 Limitations shall not run against the right of the city to
enforce the payment of the lien. If any such lien is not paid, the
city may file and maintain an action to foreclose such lien in the
same manner and under the same procedure, so far as applicable, as
that under which delinquent bonds are foreclosed under Division 7 of
the Streets and Highways Code of the state. (Prior code Section
7350.2)
Section 2. Chapter 12.12, Section 12.12.040 is hereby amended
to Title 12 of the San Luis Obispo Municipal Code to read as follows:
12.12.040 Cost of construction - Alternative
method of collection.
A. As an alternative method of collection of the amount of the
lien, the council may, after confirmation of the report of the
superintendent of streets, order the notice of lien to be delivered
to the director of finance who shall enter the amount of the
assessment on the city assessment roll opposite the description of
Ordinance No. 1014(1984 Series)
the particular property, and the amount shall be collected together
with all other taxes thereon against the property.
B. 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 are hereby made applicable
to such special assessment taxes.
C. If the assessment is $1,000 or more the Council may authorize
the assessment to be collected in installments on the tax roll, in
which case the notice of lien shall contain an apportionment of the
principal amount of the assessment into the number of yearly
installments as ordered by the council. Such installments shall bear
interest on the unpaid balance at a rate not to exceed ten percent
per year. The interest shall begin on the first of the month
following the confirmation of the assessment by the Council. In the
event such installments and accrued interest are not paid when due,
then the full balance of such assessments and accrued interest shall
become immediately due and payable and shall thereafter be subject to
the same penalties and interst and to the same procedure under
Ordinance No.1014(1984 Series)
foreclosure and sale as in the case of delinquencies, as provided for
ordinary city taxes.
D. The proceedings conducted under this chapter shall be subject
to all the curative clauses and powers of reassessment provided in
the Improvement Act of 1911 as said Act now exists or as hereafter
amended. (Prior code Section 7350.3)
SECTION 3. A summary of this ordinance, together with the ayes
and noes, shall be published in the Telegram- Tribune, a newspaper
published and circulated in said City, and the same shall go into
effect at the expiration of thirty (30) days after its said final
passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of
San Luis Obispo at a meeting held on the 19th day
of June , 1984, on motion of Councilman Griffin ,
seconded by Councilman Settle,
and on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey: and Mayor Billig
NOES: Councilman Dunin
ABSENT: None
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ORDINANCE NO. 1014
(1984 Series)
FINALLY PASSED this 3rd day of July
1984, on motion of Councilman Settle , seconded by
Councilwoman Dovey , and on the following roll call
vote:
AYES: Councilmembers Settle, Dovey, Griffin and Mayor Billig
NOES: Councilman Dunin
ABSENT: None
ATTEST:
City Clerk Pamela Vo s
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Ordinance No. 1014(1984 Series)
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Public Works Director
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