Chapter 13.07
REPLACEMENT OF CURB CUTS AND DRIVEWAY APPROACHES
Sections:
13.07.010 Establishment of Nuisance Abatement Procedure.
13.07.020 Replacement—Responsibility of Property Owner.
13.07.040 Performance of Work by City.
13.07.050 Manner of Giving Notice to Replace.
13.07.060 Form of Notice to Replace.
13.07.070 Right of Appeal and Call for Review.
13.07.080 Notice of Hearing on Cost of Work.
13.07.090 Form of Report of Cost of Work.
13.07.100 Hearing on Cost of Work.
13.07.110 Assessment—Lien on Property—Filing with Tax Collector.
13.07.120 Building Permits—Final Approval.
13.07.010 Establishment of Nuisance Abatement Procedure.
Any portion of a curb cut or driveway approach on any public street which is no longer needed or used for reasonable vehicular access to the property served is hereby declared a nuisance which may be abated pursuant to the procedure established by this chapter which is adopted under the authority contained in City Charter Section 200 and California Government Code Section 38773.5. (Ord. 2023-22 § 607, 2023; Ord. 1321 § 1 (part); December 8, 1969)
13.07.020 Replacement—Responsibility of Property Owner.
Any portion of a curb cut or driveway approach on any public street which is no longer needed or used for reasonable vehicular access to the property served shall be replaced by the property owner. (Ord. 1321 § 1 (part); December 8, 1969)
13.07.030 Notice to Replace.
Whenever the Public Works Director finds that any portion of a curb cut or driveway approach on any public street is no longer so needed or used, he may notify the owner of the property to remove said curb cut or driveway approach and replace it in accordance with standard plans and specifications of the City. (Ord. 1321 § 1 (part); December 8, 1969)
13.07.040 Performance of Work by City.
Unless the work required by such notice to replace shall be commenced by the owner within sixty (60) days after mailing said notice, and shall be diligently prosecuted to completion, or in case of an appeal to the City Council or call for review within thirty (30) days from the date of its decision on the appeal or call for review, unless such appeal or call for review shall be resolved in favor of the property owner, the Public Works Director shall cause said work to be done, in which case the cost and expense thereof will be assessed against the property benefitted and become a lien upon such property. However, if upon appeal to the City Council or call for review, the work required to be done by the notice to replace is modified, the Public Works Director shall be governed by such modification in performing the work. (Ord. 2015-9 § 23, 2015: Ord. 1321 § 1 (part); December 8, 1969)
13.07.050 Manner of Giving Notice to Replace.
Notice to replace shall be sent by certified mail, postage prepaid, addressed to the owner of the property as such person’s name and address appear on the last equalized assessment roll or as otherwise known to the Public Works Director. A copy of such notice shall be filed in the office of the Public Works Director together with an affidavit or certificate stating the date on which such notice was mailed. (Ord. 1321 § 1 (part); December 8, 1969)
13.07.060 Form of Notice to Replace.
The written notice referred to in Section 13.07.050 of this chapter shall state the date on which the work shall be required to be commenced, which shall be sixty (60) days after the date of mailing said notice. Such notice to replace shall be in substantially the following form:
“CITY OF NEWPORT BEACH
NOTICE TO REPLACE
Date________
To:____________________________________
_______________________________________
owner of that parcel of land in the City of Newport Beach, California, described as follows:
_______________________________________
You are hereby notified that a portion of the (curb) (driveway approach) located at the above address has been declared to be a nuisance in accordance with Section 13.07.010 of the Newport Beach Municipal Code. You are further noticed that the following work is to be done in accordance with the Standard Plans and Specification of the City, to wit: (Specify work to be done)
_______________________________________
_______________________________________
You are further notified that if such work is not commenced within thirty (30) days after you have been given this notice, and you are not proceeding with diligence and without interruption to the completion of said work, the undersigned shall perform said work on behalf of the City of Newport Beach in which case the cost and expense thereof will be assessed against the property benefitted and become a lien upon such property.
Public Works Director_____________”
(Ord. 1321 § 1 (part); December 8, 1969)
13.07.070 Right of Appeal and Call for Review.
Any property owner who objects to or disagrees with any determination of the Public Works Director rendered pursuant to Section 13.07.010 shall have the right to appeal to the City Council within fifteen (15) days from the date of mailing of the notice to replace by the Public Works Director by filing a written notice of appeal with the City Clerk. A member of the City Council, in their official capacity, may call for review any determination of the Public Works Director rendered pursuant to Section 13.07.010 within fifteen (15) days from the date of the mailing of the notice to replace by the Public Works Director by filing a written notice with the City Clerk. The call for review shall be for the purpose of bringing the matter in front of the entire body for review. Upon receiving such notice of appeal or call for review, the City Clerk shall set the appeal or call for review for hearing by the City Council at a meeting not more than thirty (30) days thereafter and shall advise the appellant, if any, of the date, time and place on which the appeal or call for review will be heard, at least ten (10) days prior to such date. On the date of the hearing, the City Council shall proceed to hear and pass upon the appeal or call for review, and its decision thereon shall be final and conclusive. The City Clerk shall notify the property owner of the decision of the City Council in the same manner as provided in Section 13.07.050. (Ord. 2015-9 § 24, 2015: Ord. 1321 § 1 (part); December 8, 1969)
13.07.080 Notice of Hearing on Cost of Work.
Upon completion of the work, the Public Works Director shall cause notice of the cost of the work to be given to the property owner in the manner specified in Section 13.07.050 of this chapter, which notice shall specify the date, time and place when the Council will hear and pass upon a report by the Public Works Director on the cost of the work, together with any objections or protests, if any, which may be submitted by any property owner liable to be assessed for the cost of such work or by any other interested persons. (Ord. 1321 § 1 (part); December 8, 1969)
13.07.090 Form of Report of Cost of Work.
Upon completion of the work the Public Works Director shall prepare and file with the Council a report specifying the work which has been performed, the cost of the work, a legal 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 to any number of parcels of property, whether contiguous to each other or not. (Ord. 1321 § 1 (part), 1969)
13.07.100 Hearing on Cost of Work.
Upon the date and hour fixed for the hearing, the Council shall hear and pass upon the report of the Public Works Director, together with any objections or protests by any owner of property subject to assessment or any other interested party. At the conclusion of the hearing, the Council may make such revisions, corrections or modifications in the report as it deems just, after which the Public Works Director’s assessment as submitted or as revised, corrected or modified shall be confirmed by resolution of the City Council and shall become due and payable immediately. (Ord. 1321 § 1 (part), 1969)
13.07.110 Assessment—Lien on Property—Filing with Tax Collector.
If any assessment is not paid within five days after its confirmation by the City Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the Public Works Director, and the Public Works Director is directed to turn over to the Orange County Assessor and Tax Collector a notice of lien on each of said properties on which the assessment had not been paid, and said 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, which shall be due and payable at the same time as said property taxes are due and payable, shall bear interest at the same prevailing rate imposed by the Orange County Tax Collector on other delinquent tax monies outstanding. (Ord. 1321 § 1 (part), 1969)
13.07.120 Building Permits—Final Approval.
No final approval and no Certificate of Occupancy shall be granted to the holder of any building permit issued by the City of Newport Beach for construction upon property declared to be a nuisance under the terms of Section 13.07.010, until such time as the curb cut or driveway approach which is no longer needed is replaced as required by Section 13.07.020. (Ord. 1321 § 1 (part), 1969)
13.07.130 Refunds.
The City Council may order refunded all or part of an assessment paid pursuant to this chapter if it finds that all or part of the assessment had been erroneously levied. An assessment or any part thereof shall not be refunded unless a claim is filed with the City Clerk on or before December 1st after the assessment became due and payable. The claim shall be verified by the person who paid the assessment, or his guardian, executor, or administrator. (Ord. 1321 § 1 (part), 1969)