9-4 4 OTHER REGULATIONS

The continued increase in the development of single family and multi-family dwelling units in the City has created a need for the installation of additional park and recreational facilities and the renovation and replacement of existing facilities to serve such dwelling units.

The purpose of this article is to provide for the acquisition, development, renovation, and replacement of park and recreation sites and facilities to serve the future inhabitants of the City by imposing a fee on the construction of all new residential dwelling units within the City.

This ordinance assists in implementing the open space and conservation elements of the City’s General Plan by providing additional and renovated recreational facilities and preserving open space. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-11-1101; Added by Ord. No. 3045; Formerly Numbered Section 7-700; Renumbered by Ord. No. 3058, eff. 2/21/87; Formerly Numbered 7-701 and Amended by Ord. No. 3733, eff. 12/21/07.]

9-4-1-1102: DEFINITIONS:

As used in this article unless the context otherwise clearly indicates:

APARTMENT HOUSE: Means a multiple family dwelling where the dwelling units within the dwelling are primarily leased or rented to non- owner occupants.

BEDROOM: Means any room that is designed or intended to be used or is capable of being used as sleeping quarters in whole or in part.

CONDOMINIUM: Means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential building constructed originally on such real property as an apartment for occupancy by a tenant or tenants pursuant to a rental or lease agreement. Such estate may, with respect to the duration of its enjoyment, be (1) an estate of inheritance or perpetual estate, (2) an estate for life, or (3) an estate for years, such as leasehold or a subleasehold.

DWELLING, MULTIPLE FAMILY: Means a building or portion thereof designed and used for occupancy by two or more families, all living independently of each other and having separate kitchen and toilet facilities for each family.

DWELLING, SINGLE FAMILY: Means a detached building designed or used exclusively for the occupancy of one family, and having kitchen and toilet facilities for only one family.

DWELLING UNIT: Means one or more rooms in a building designed for use by one family for living, cooking and sleeping purposes. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-11-1102; Added by Ord. No. 3045; Formerly Numbered Section 7-701; Renumbered by Ord. No. 3058, eff. 2/21/87; Formerly Numbered 7-702 and Amended by Ord. No. 3733, eff. 12/21/07.]

9-4-1-1103: PARK FACILITY DEVELOPMENT FEE:

A. FEE REQUIREMENT.

There is hereby imposed a parks facility development fee upon each new single family or multi-family dwelling unit constructed in the City of Burbank. The fee shall be imposed regardless of whether a new unit is created by new construction or by the modification of an existing structure if the modification results in the creation of an additional dwelling unit or units on the premises. The fee shall also be imposed on apartment houses for which a park facility development fee has not been paid and which are converted to condominiums on or after November 1, 1986. The development, modification, or conversion of any of above described structures will be permitted within the City only upon payment by the developer of the appropriate park facility development fee.

B. BUILDING PERMIT.

No building permit shall be issued unless in connection therewith the park facility development fee has been paid in accordance with the provisions of this article.

C. BURBANK FEE RESOLUTION.

The Council shall designate in the Burbank Fee Resolution the amount of the Park Facility Development Fee. The fee shall be calculated on the basis of the number of bedrooms included in each dwelling unit. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-11-1103; Added by Ord. No. 3045; Formerly Numbered Section 7-702; Renumbered by Ord. No. 3058, eff. 2/21/87; Formerly Numbered 7-703 and Amended by Ord. No. 3733, eff. 12/21/07.]

9-4-1-1104: PARK FACILITY FUND:

All fees collected pursuant to this article shall be deposited and held in an appropriate trust account in the Park, Recreation and Community Services Facilities Fund and shall be used exclusively for the acquisition, improvement, expansion, renovation, and replacement of public park, playground and/or recreation facilities, machinery, and other capital-type improvements and for administration, inspection, and engineering costs of the City directly related thereto. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-11-1104; Added by Ord. No. 3045; Formerly Numbered Section 7-703; Renumbered by Ord. No. 3058, eff. 2/21/87; Formerly Numbered 7-704 and Amended by Ord. No. 3733, eff. 12/21/07.]

9-4-1-1105: WHEN PAYABLE:

The fees imposed by this article shall be due and payable prior to the issuance of a building permit. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-11-1105; Added by Ord. No. 3045; Formerly Numbered Section 7-704; Renumbered by Ord. No. 3058, eff. 2/21/87; Formerly Numbered 7-705 and Amended by Ord. No. 3733, eff. 12/21/07.]

9-4-1-1106: APPLICATION:

The provisions of this article shall not be applicable to subdivisions for which tentative maps were applied for and accepted for processing prior to November 1, 1986. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-11-1106; Added by Ord. No. 3045; Formerly Numbered Section 7-705; Renumbered by Ord. No. 3058, eff. 2/21/87; Formerly Numbered 7-706 and Amended by Ord. No. 3733, eff. 12/21/07.]

ARTICLE 2. PROCEDURE AND REGULATIONS FOR PLACING OVERHEAD UTILITY FACILITIES UNDERGROUND

9-4-2-1201: DEFINITIONS:

The following words and phrases whenever used in this chapter, unless the context otherwise clearly indicates, shall be construed as defined herein:

AFFECTED PROPERTY: Shall mean a parcel of real property to which utility service is provided from poles, overhead wires and associated overhead structures within a district.

CITY MANAGER: Shall mean the City Manager of the City of Burbank, or their designee.

COMMUNICATION: Shall include without limitation telephone, telegraph, cable television, data transmission, and wireless telephone.

POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES: Shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, cross arms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying electric, communication or similar or associated service.

PUBLIC WAY: Includes all public highways, roads, streets, avenues, boulevards, alleys, parkways and other rights-of-way of the public or any portion thereof in the City.

UNDERGROUND UTILITY DISTRICT or DISTRICT: Shall mean that area in the City within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in an ordinance adopted pursuant to the provisions of Section 9-4-2-1214 of this article.

UTILITY: Shall include all persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1201; Added by Ord. No. 2523; Formerly Numbered Section 12-40; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1001 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1202: AUTHORITY TO CREATE UNDERGROUND UTILITY DISTRICT:

Whenever the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within any area of the City and their placement underground, the Council may order the creation and formation of an underground utility district consisting of a defined and designated area of the City. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1202; Added by Ord. No. 2523; Formerly Numbered Section 12-41; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1002 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1203: DISTRICT MUST BE ENTIRELY WITHIN CITY:

Any number of public ways may be included in one district, but the district, the public ways and the utilities must lie entirely within the City limits. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1203; Added by Ord. No. 2523; Formerly Numbered Section 12-42; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1003 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1204: REPORT OF CITY MANAGER; CONTENTS:

A proceeding to create an underground utility district may be initiated by the City Manager, who shall prepare and submit to the City Council a map or plat of the district and a report containing substantially the following matters:

A. A statement of the public ways or portions thereof to be included in the district.

B. A general description of the utilities which will be affected.

C. A statement of the estimated cost connected with placing the overhead utilities underground, including, but not limited to, the associated costs for removal of poles and the opening and closing of the public ways. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-120-1204; Added by Ord. No. 2523; Formerly Numbered Section 12-43; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1004 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1205: APPROVAL OF MAP AND REPORT; FILING:

Upon presentation of the map and report, the Council may modify either or both at any time prior to approval. Upon approval, the map and report shall be filed with the City Clerk. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1205; Added by Ord. No. 2523; Formerly Numbered Section 12-44; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1005 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1206: RESOLUTION OF INTENTION:

Upon approval of the map and report, the Council may adopt a resolution of intention to create and form an underground utility district. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1206; Added by Ord. No. 2523; Formerly Numbered Section 12-45; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1006 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1207: CONTENTS OF RESOLUTION OF INTENTION:

The resolution of intention shall contain the following:

A. A statement of the public ways to be included in the district.

B. A general description of the utility systems which will be affected.

C. A statement of the estimated costs and associated costs of placing the utilities underground.

D. A general description of the boundaries of the district.

E. The designation of a time when and a place where all persons having any interest in the utilities or in the lands within the district that would be affected by the order to place the utilities underground may be heard and any of said persons may present any objections they may have by written protest filed with the City Clerk at or before the time set for the hearing. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1207; Added by Ord. No. 2523; Formerly Numbered Section 12-46; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1007 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1208: DESCRIPTION BY REFERENCE:

The resolution shall refer to the map or plat on file with the City Clerk for the boundaries of the district and public ways affected and the approximate location of the utilities thereon. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1208; Added by Ord. No. 2523; Formerly Numbered Section 12-47; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1008 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1209: PUBLICATION OF RESOLUTION OF INTENTION:

After adoption of the resolution of intention the City Clerk shall cause it to be published once in a newspaper of general circulation, not less than five (5) days prior to the date of public hearing stated in said resolution. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1209; Added by Ord. No. 2523; Formerly Numbered Section 12-48; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1009 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1210: POSTING OF NOTICES:

Copies of a notice headed “Notice of Public Hearing on Formation of Underground Utility District” in letters not less than one inch in height, shall be posted by the City Manager not more than 300 feet in distance apart, and not less than three in all, along all open streets within the district. The notice shall include information about the date, time and place of the public hearing, its purpose, and the opportunity for filing written objections to formation of the District with the City Clerk. The first posting shall be at least five days prior to the date of public hearing stated in said resolution. Notice shall also be posted at all locations where the City customarily posts notices of public hearings. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1210; Added by Ord. No. 2523; Formerly Numbered Section 12-49; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1010 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1211: FILING OF PROTESTS:

Any time not later than the hour set for hearing of objections to the formation of the proposed underground utility district any interested party liable to be affected by the formation of the proposed underground utility district may make written protest against its formation. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1211; Added by Ord. No. 2523; Formerly Numbered Section 12-50; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1011 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1212: HEARING; ADJOURNMENTS; MODIFICATION OF BOUNDARIES:

At the time and place fixed for the hearing of the protests or at any time to which the hearing is adjourned, the council shall hear the evidence introduced in support of the protests. At the hearing, the Council may modify the boundaries of the district, but any land not within the district as described in the resolution of intention may not be included therein. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1212; Added by Ord. No. 2523; Formerly Numbered Section 12-51; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1012 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1213: FORMATION OF DISTRICT AND ORDERING THE WORK:

If no protests or objections in writing have been delivered to the City Clerk up to the hour set for the hearing thereon, or if protests have been found by the Council to be insufficient, or have been overruled, or if modification of proposed boundaries has been made and all objections or protests thereto have been heard and denied, and the Council finds and determines by no less than three affirmative votes, that the public interest, convenience and necessity require the creation of the proposed underground utility district, the Council may, by ordinance, order the district formed. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1213; Added by Ord. No. 2523; Formerly Numbered Section 12-52; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1013 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1214: ORDINANCE ORDERING FORMATION OF DISTRICT:

The ordinance ordering formation of the district shall contain the following:

A. Description of the boundaries of the district as finally established.

B. Description of the public ways to be included in the district.

C. Description of the utility systems which will be affected.

D. List of the estimated costs connected with placing the overhead utilities underground, including, but not limited to, the associated costs for removal of poles and the opening and closing of the public ways.

E. Order that proposed work be done and directing the City Manager to do the work in accordance with the provisions of this Code and the City Charter.

F. A proposed schedule of the work to be done. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1214; Added by Ord. No. 2523; Formerly Numbered Section 12-53; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1014 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1215: REASONABLE TIME FOR REMOVAL OF OVERHEAD UTILITIES:

The Council shall allow a reasonable time for the removal of the poles, overhead wires and associated overhead structures, having due regard for the availability of labor, materials and equipment. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1215; Added by Ord. No. 2523; Formerly Numbered Section 12-54; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1015 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1216: OVERHEAD UTILITIES UNLAWFUL WHEN NOT REMOVED AS ORDERED:

Whenever the Council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures, it shall be unlawful, except as permitted in this article, for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when said overhead facilities are required to be removed; provided, however, that overhead facilities may be maintained insofar as necessary to provide utility service to affected property owners during the undergrounding of such facilities, and provided further that an owner or occupant shall be given a reasonable time to remove overhead facilities for which they are responsible. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1216; Added by Ord. No. 2523; Formerly Numbered Section 12-55; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1016 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1217: EMERGENCY SITUATIONS AND UNUSUAL CIRCUMSTANCES:

In emergency situations, overhead facilities may be installed for 90 days by any person or utility, and in cases of unusual circumstances the City Manager may grant permission to any person or utility to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures for more than 90 days. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1217; Added by Ord. No. 2523; Formerly Numbered Section 12-56; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1017 and Amended by Ord. No. 3757, eff. 2/06/09; 3733.]

9-4-2-1218: EXCLUSIONS:

This article shall not apply to the following:

A. Municipal facilities or equipment installed under the supervision and to the satisfaction of the City Manager.

B. Poles or electroliers used exclusively for street lighting.

C. Overhead wires, exclusive of supporting structures, crossing any portion of a district or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited.

D. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 100,000 volts.

E. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street.

F. Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services.

G. Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts.

H. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1218; Added by Ord. No. 2523; Formerly Numbered Section 12-57; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1018 and Amended by Ord. No. 3757, eff. 2/06/09; 3733.]

9-4-2-1219: NOTICE TO PROPERTY OWNERS AND UTILITIES:

Within thirty (30) days after the adoption of the ordinance ordering the formation of an underground utility district and removal of poles, overhead wires and associated overhead structures, the City Clerk shall notify all affected utilities and all persons owning real property within the district of the action taken by the Council. Such notice shall be given by mailing a copy of the ordinance, together with a copy of this article, to the affected utilities and the affected property owners as they are shown on the last equalized assessment roll. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1219; Added by Ord. No. 2523; Formerly Numbered Section 12-58; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1019 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1220: RESPONSIBILITY OF UTILITY COMPANIES:

If underground construction is necessary to provide utility service within an underground utility district, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under rules, regulations and tariffs applicable to it. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1220; Added by Ord. No. 2523; Formerly Numbered Section 12-59; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1020 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1221: RESPONSIBILITY OF PROPERTY OWNERS AND OCCUPANTS; NOTICE TO PROVIDE UNDERGROUND FACILITIES:

Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on their property between the facilities furnished by the supplying utility and termination facility on or within the building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities. If this is not accomplished within the time provided for in the ordinance ordering the formation of the underground utility district, the City Manager shall give notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within 10 days after the receipt of the notice. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1221; Added by Ord. No. 2523; Formerly Numbered Section 12-60; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1021 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1222: MANNER OF SERVING NOTICE TO PROVIDE UNDERGROUND FACILITIES:

The notice to property owners and occupants to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of the premises at such premises, and the notice must also be addressed to the owner thereof as such owner’s name and last known address appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of Burbank. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within 48 hours after the mailing thereof. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1222; Added by Ord. No. 2523; Formerly Numbered Section 12-61; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1022 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1223: WHEN POSTING OF NOTICE REQUIRED:

If notice to provide underground facilities is given by mail to either the owner or occupant of the premises, the City Manager shall, within 48 hours after the notice is mailed, cause a copy thereof, printed on a card not less than eight inches by 10 inches in size, to be posted in a conspicuous place on such premises. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1223; Added by Ord. No. 2523; Formerly Numbered Section 12-62; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1023 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1224: CONTENTS OF NOTICE:

The notice given by the City Manager to provide the required underground facilities shall specify the work required to be done and shall state that if the work is not completed within 30 days after receipt of the notice, the City Manager will provide the required underground facilities, and that the cost and expense thereof will be assessed against the property benefited and become a lien upon such property. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1224; Added by Ord. No. 2523; Formerly Numbered Section 12-63; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1024 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1225: AUTHORITY OF CITY MANAGER TO PERFORM THE WORK:

If upon the expiration of the 30-day period the required underground facilities have not been provided, the City Manager shall proceed to do the work. If the premises are unoccupied and not receiving electric or communications services, however, the City Manager shall, in lieu of providing the required underground facilities, have the authority to authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1225; Added by Ord. No. 2523; Formerly Numbered Section 12-64; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1025 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1226: COMPLETION OF WORK AND ASSESSMENT OF PROPERTY AFTER HEARING:

Upon completion of the work, the City Manager shall file a written report with the Council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which the cost is to be assessed. The Council shall then fix a time and place for hearing protests against the assessment of the cost of the work upon the premises, which said time shall not be less than 15 days thereafter. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1226; Added by Ord. No. 2523; Formerly Numbered Section 12-65; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1026 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1227: NOTICE OF HEARING:

Notice of the time and place of the hearing shall be served on the owner and occupant of the premises in writing by personal service or by mail. Said notice shall contain a legal description of the premises and shall set forth the amount of the assessment and shall be served at least five days before the date of the hearing. In the case of service by mail, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person occupying the premises at such premises, and the notice must also be addressed to the owner thereof as such owner’s name and last known address appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of Burbank. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it was sent within 48 hours after the mailing thereof. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1227; Added by Ord. No. 2523; Formerly Numbered Section 12-66; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1027 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1228: RECORDING OF NOTICE:

A copy of the notice of hearing shall be filed with the Los Angeles County Recorder and shall constitute due notice to anyone claiming title to the premises from that date forward. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1228; Added by Ord. No. 2523; Formerly Numbered Section 12-67; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1028 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1229: HEARING:

Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1229; Added by Ord. No. 2523; Formerly Numbered Section 12-68; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1029 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1230: ASSESSMENT TO BECOME LIEN ON PROPERTY:

If any assessment is not paid within five days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the assessment is made, and the City Manager is directed to turn over to the Assessor and Tax Collector a notice of lien on each of the properties on which the assessment has not been paid, and the Assessor and Tax Collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable at the same time as said property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of seven percent per annum. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1230; Added by Ord. No. 2523; Formerly Numbered Section 12-69; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1030 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1231: RESPONSIBILITY:

City shall remove at its own expense all City-owned equipment from all poles required to be removed pursuant to proceedings under this article in ample time to enable the owner or user of such poles to remove the same within the time specified in the ordinance enacted pursuant to this article. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1231; Added by Ord. No. 2523; Formerly Numbered Section 12-70; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1031 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1232: EXTENSION OF TIME:

In the event that any act required by this article or by an ordinance or a resolution adopted pursuant to this article cannot be performed within the time schedule provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the responsible utility or person, then the time schedule within which such act will be accomplished shall be extended for a period equivalent to the delay occasioned by the restraining factor. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1232; Added by Ord. No. 2523; Formerly Numbered Section 12-71; Relocated by Ord. No. 3091, eff. 12/19/87; Formerly Numbered 7-1032 and Amended by Ord. No. 3757, eff. 2/6/09; 3733.]

9-4-2-1233: AUTHORITY OF CITY MANAGER TO EXECUTE AGREEMENTS, CONVEYANCES AND OTHER INSTRUMENTS.

The City Manager shall have authority to execute agreements, conveyances and other instruments necessary to establish the rights and duties of the City and affected utilities and affected property owners with respect to the funding, construction, ownership, use and maintenance of equipment and facilities placed underground pursuant to this article, on such terms and conditions as the City Manager may determine are in the best interests of the City. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-12-1233; Added by Ord. No. 3757, eff. 2/6/09.]

CHAPTER 4OTHER REGULATIONS

9-4-1-1101: PURPOSE: