Chapter 12.30 SIDEWALKS

(a) No person shall place (or cause to be placed) any obstruction on any sidewalk within the city so as to impede the travel thereon or to obstruct the same in any way, either partially or wholly, by the placing of merchandise on display, piling boxes, etc., or who shall damage or deface the sidewalks by drawing, symbols, lettering or caricatures of any kind.

(b) This section shall not be construed to mean any goods, wares or merchandise when occupying the sidewalk in actual delivery or removal of such goods, wares or merchandise, provided the same be moved within twenty-four (24) hours. (Ord. 114; Ord. 361. Formerly § 25-40).

12.30.020 Width regulations.

All streets in the City that are seventy (70) feet or over in width shall have a sidewalk space of eleven and one-half (11-1/2) feet, measured from the outside edge of the curb to the property line except in blocks where concrete curbs have been installed prior to the enactment of this section. (Ord. 391. Formerly § 25-42).

Article II. Construction Generally

12.30.030 Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(a) "Sidewalk" shall include a park or parking strip maintained in the area between the property line and the street line and also shall include curbing, bulkheads, retaining walls, improvements to sidewalks or other works for the protection of any sidewalk or of any such parking or parking strip. The words "sidewalks and curbs" shall include "gutters."

(b) "Block" shall mean property facing one side of any street between the next intersecting street. (Ord. 855. Formerly § 25-43).

12.30.040 Duty of lot owners.

The owners of lots or portions of lots fronting on any public street or place shall have the duty of constructing or causing the construction of sidewalks or curbs in front of their properties upon notice to so do by the City Engineer. (Ord. 355; Ord. 1210 § 1, 6-10-69. Formerly § 25-44).

12.30.050 Notice to construct – Generally – Determination by City Council.

When the City Council finds and determines that public safety, necessity and convenience shall require the installation and construction of sidewalks in front of property in any block, the City Clerk shall, upon instruction from the City Council, 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/her property. (Ord. 855 § 4. Formerly § 25-45).

12.30.060 Notice to construct – Manner in which 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 sidewalk or curb to be constructed or by mailing a postal card, postage prepaid, to the person in possession of such property or to the owner thereof at his/her last known address as the same appears on the last equalized assessment roll of the City, or to the name and address of the person owning such property as shown in the records of the office of the City Clerk. (Ord. 855 § 5. Formerly § 25-46).

12.30.070 Notice to construct – Information required – Posting.

The postal card provided in SCCC 12.30.060 shall contain a notice to construct the sidewalk or curb or both and the City Clerk shall, immediately upon the mailing of the notice, cause a copy thereof to be printed on a card not less than eight inches by ten inches in size to be posted in a conspicuous space on the property.

The notice shall also specify the day, hour and place when the City Council will hear and pass upon objections or protests, if any, which may be raised by any property owner or other interested persons.

The notice shall particularly specify what work is required to be done, how it is to be done and what materials shall be used in the construction and shall further specify that if the construction is not commenced within sixty (60) days after notice is given and diligently and without interruption prosecuted to completion, the City Engineer shall cause the construction to be done and the cost of the same shall be a lien on the property. (Ord. 855 §§ 6, 7, 8. Formerly § 25-47).

12.30.080 Hearing.

Upon the day and hour fixed for the hearing mentioned in SCCC 12.30.070, the City Council shall hear and pass upon such objections or protests. The decision of the City 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 SCCC 12.30.110. (Ord. 855 § 7. Formerly § 25-48).

12.30.090 Construction by City upon failure of abutting property owner to do so – Generally.

If the construction is not commenced and prosecuted to completion with due diligence, as required by the notice provided for in SCCC 12.30.050 or by the City Council after the hearing required by SCCC 12.30.070, the City Engineer shall forthwith construct the sidewalk. (Ord. 855 § 9. Formerly § 25-49).

12.30.100 Report of City Engineer after completion of construction.

Upon the completion of the construction, the City Engineer shall prepare and file with the City 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. Such report may include work done in front of any number of parcels of property, whether contiguous to each other or not. (Ord. 855 § 11. Formerly § 25-50).

12.30.110 Hearing prior to assessment – Generally – Notice.

Upon the completion of the construction as provided in SCCC 12.30.100, the City Clerk 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, the hour and place when the City Council will hear and pass upon the report by the City Engineer of the cost of the construction, together with any objections 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. (Ord. 855 § 10. Formerly § 25-51).

12.30.120 Hearing – Procedure – Determination by City Council deemed final.

Upon the day and hour fixed for the hearing provided for in SCCC 12.30.110, the City Council shall hear and pass upon the report of the City Engineer, 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 City Council may make such revision, correction or modification in the report as it may deem just after which, by motion or resolution, the report as submitted or as revised, corrected or modified shall be confirmed. The decision of the City Council on all protests or objections which may be made shall be final and conclusive. (Ord. 855 § 12. Formerly § 25-52).

12.30.130 Assessment against abutting property – Lien – Generally.

The cost of construction by the City of sidewalks under this article may be assessed by the City Council against the parcel of property fronting upon the sidewalk or curb so constructed and such cost so assessed, if not paid within ten days after its confirmation by the City Council, shall constitute a specific 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 shall continue until the assessment and all interest thereon is paid or until it is discharged of record. (Ord. 855 § 13. Formerly § 25-53).

12.30.140 Lien – Form and recordation.

The lien provided for in SCCC 12.30.130 may be filed by the City Engineer in the Office of the County Recorder and such certificate shall be substantially in the following form:

NOTICE OF LIEN

Pursuant to the authority vested in me by SCCC 12.30.030 through 12.30.160, I did, on the ________ day of ________, 20___, cause the sidewalk or curb to be constructed, and the City Council of the City of Santa Clara did, on the ________ day of ________, 20___, 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 of Santa Clara 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 six percent (6%) per annum, from the said ________ day of ________, 20___ (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, as that certain piece or parcel of land lying and being in the City of Santa Clara, Santa Clara County, State of California, and particularly described as follows, to wit:

(Description of Property.)

Dated this _____ day of _______, 20___

___________________________
City Engineer

(Ord. 855 § 14. Formerly § 25-54).

12.30.150 Lien – Notice and foreclosure.

From and after the date of the recording of the notice of lien as provided in SCCC 12.30.140, 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 Division 7 (entitled "The Improvement Act of 1911"), Section 5000 et seq. of the Streets and Highways Code of the State. (Ord. 855. Formerly § 25-55).

12.30.160 Lien – Alternative method of collection.

As an alternative method of collection of the amount of the lien, the City Council, after confirmation of the report of the City Engineer, may order the notice of lien to be turned over to the accounting officer and the tax collector of the City, whereupon it shall be the duty of those officers to add the amount of the assessment to the net 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 assessment book opposite the description of the particular property 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.

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 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. (Ord. 855. Formerly § 25-56).

Article III. Repairs

12.30.170 Definitions.

See definitions of SCCC 12.30.030. (Ord. 1026. Formerly § 25-57).

12.30.180 Duty of abutting property owners to maintain sidewalks.

The owners of lots or portions of lots fronting on any portion of a public street or place, when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property, and maintain it in a condition which will not interfere with the public convenience in the use of such walks or areas, except as to those conditions created or maintained in, upon, along or in connection with such sidewalk other than the owner, under and by virtue of any permit or right granted to him by law or by the City Council, and such persons shall be under a like duty in relation thereto. (Ord. 1026; Ord. 1140. Formerly § 25-58).

12.30.190 Notice to repair to be given by superintendent of streets.

When any portion of a sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk, the superintendent of streets shall notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair to repair the sidewalk. (Ord. 1026; Ord. 1140. Formerly § 25-59).

12.30.200 Notice to repair – Manner in which given.

Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalks so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his/her last known address, as the same appears on the last equalized assessment rolls of the City, or to the name and address of the person owning such property, as shown in the records of the City Clerk. (Ord. 1026. Formerly § 25-60).

12.30.210 Notice to repair – Information required posting.

The postal card provided for in SCCC 12.30.200 shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than eight inches by ten inches in size, to be posted in a conspicuous place on the property.

The notice shall particularly specify what work is required to be done, how it is to be done, what materials shall be used in the repair and shall further specify that if the repair is not commenced within two weeks after notice is given and diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair, and the cost of the same shall be a lien on the property. (Ord. 1026; Ord. 1140. Formerly § 25-61).

12.30.220 Repairs by City upon failure of abutting property owner to do so – Generally.

If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice provided in this article, the superintendent of streets shall forthwith repair the sidewalk. (Ord. 1026; Ord. 1140. Formerly § 25-62).

12.30.230 Written request by owner for repair of other sidewalk fronting his/her property – Form – Cost of requested repairs.

Upon the written request of the owner of the property facing the sidewalk so out of repair as ascertained from the last equalized assessment roll of the City, or as shown in the records of the office of the City Clerk, the superintendent of streets may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this article, subsequent notices are given, hearings held, and assessments and collection procedures are conducted. (Ord. 1140. Formerly § 25-62.1).

12.30.240 Report by superintendent of streets after completion of repairs.

Upon completion of the repair, the superintendent of streets prepares and files with the City Council a report specifying the repairs which have been made, the cost of the repairs, description of real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. (Ord. 1026; Ord. 1140. Formerly § 25-63).

12.30.250 Completion of repairs – Notice of hearing.

Upon completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the City Council will hear and pass upon a report of the City Engineer of the cost of the repair, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. (Ord. 1026; Ord. 1140. Formerly § 25-64).

12.30.260 Repairs – Hearing.

Upon the day and hour fixed for the hearing, the City Council shall hear and pass upon the report of the superintendent of streets together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon, the City Council may take such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The City Council may adjourn the hearings from time to time. The decisions of the City Council on all protests and objections which may be made shall be final and conclusive. (Ord. 1026. Formerly § 25-65).

12.30.270 Assessment against abutting property – Authorized – Lien on property.

The cost of the repair may be assessed by the City Council against the parcel of property fronting upon the sidewalk upon which such repair was made, and such cost so assessed, if not paid within five days after its confirmation by the City Council, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof, which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record. (Ord. 1026; Ord. 1140. Formerly § 25-66).

12.30.280 Lien – Form and recordation.

The superintendent of streets may file in the Office of the County Recorder of the County in which the parcel of land is located a certificate substantially in the following form, to wit:

NOTICE OF LIEN

Pursuant to the authority vested in me by SCCC 12.30.170 through 12.30.300, I did on the ________ day of ________, 20___ cause the sidewalk, curb or park or parking strip, bulkheads, retaining walls or other works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, and the City Council of the City of Santa Clara did, on the ________ day of ________, 20___ by Resolution No. ________ assess the cost of such repair 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 the real property until said sum with interest at the rate of six percent (6%) per annum, from the said ________ day of ________, 20___ (insert date of confirmation of assessment), has been paid in full and discharged of record.

(Description of property.)

Dated this _____ day of ________, 20___.

_______________________________
Superintendent of Streets

(Formerly § 25-67).

12.30.290 Lien – Notice and foreclosure.

From and after the date of the recording of the notice of lien prescribed in SCCC 12.30.280, 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. (Ord. 1026. Formerly § 25-68).

12.30.300 Lien – Alternative method of collection.

As an alternative method of collection of the amount of the lien, the City Council, after confirmation of the report of the superintendent of streets, may order the notice of lien to be turned over to the assessor and the tax collector of the City, whereupon it shall be the duty of those officers to add the 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 assessment book opposite the description of the particular property 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.

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 and sale in case of delinquency as provided for ordinary City taxes. All laws applicable to the levying, collection and enforcement of City taxes and County taxes are hereby made applicable to such special assessment taxes. (Ord. 1026. Formerly § 25-69).