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STREETS AND HIGHWAYS CODE - SHC
DMSION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( DMsron 7 added by Stats. 1941, Ch. 79. ) PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) CHAPTER 22. Maintenance of Sidewalks [5600 - 5630] ( Chapter 22 added by Stats. 1941, Ch. 79. ) ARTICLE t General Provisions [5600 - 5602] ( Article I added by Stats. 1941, Ch. 79. ) 560o- As used in this chapter "sidewalk" includes a park or parking strip maintained in the area between the property line and the street line and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or of any such park or parking strip. (Added by Stats. 1941, Ch. 79. )
5 This chapter shall only apply to maintenance and repair proceedings, whether upon work originally done under this division or otherwise, and shall not be used for the construction of new improvements. The "Specia Assessment Investigation, Limitation and Majority Protest Act of 1931" shall not apply to proceedings taken under this chapter.
(Added by Stats. 1941, Ch. 79. )
(Amended by Stats. 1967, Cl'l. 615.)
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STREETS AND HIGHWAYS CODE - SHC
DMSION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Divrsion 7 added by Stats. 1941, Ch. 79. ) PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) CHAPTER 22. Maintenance of Sidewalks [5600 - 5630] ( Cliapter 22 added by Stats. 1941, Cli. 79. ) ARTICLE 2. Repairs [5610 - 5618] ( Article 2 added by Stats. 1941, Ch. 79. ) 'jjj-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 those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city autl'iorities in charge thereof, and such persons shall be under a like duty in relation thereto.
(Added by Stats. 1941, Ch. 79.)
'jl When any portion of the 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. (Added by Stats. 1941, Ch. 79.)
"3-1 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 sidewalk 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 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. (Added by Stats. 1941, C/7. 79.)
(Amended by Stats. 1969, Ch. 211. )
(Amended by Stats. 1953, Ch. 798. )
5614-1- The legislative body may adopt a resolution determining that bonds shall be issued and assessments collected and enforced pursuant to Part 5 of this division. In such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually.
-5617- Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the 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. lA'>S \ / - ] ]
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STREETS AND HIGHWAYS CODE-SHC
DMSION 7. THE IMPROVEMENT ACT OF 19all [5000 - 6794] ( Divisron 7 added by Stats. 1941, Ch. 79. ) PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) CHAPTER 22. Maintenance of Sidewalks [5600 - 5630] ( Chapter 22 added by Stats. 1941, Ch. 79. ) ARTICLE 3. Collection of Cost of Repair [5625 - 56301 ( Article 3 added by Stats. 1941, Ch. 79. ) (Added by Stats. 1941, Ch. 79. )
5626- The superintendent of streets 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:
NOTICE OF LIEN
Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the day of , 19, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls, or other works (as the case may be) in front or the real property hereinafter described, to be repaired and improved, and the legislative body of said city (county, or city and county) did, on the day of , 19, 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 (county, or city and county), does hereby claim a lien on said real property in the sum of dollars ($)t and the same shall be a lien upon said real property until the said sum, with interest at the rate of percent per annum, from the said day of t 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 (name of city, or city and county) the county of , State of , and particularly described as follows:
(Description of property)
(Amended by Stats. 1986, Ch. 507, Sec. 1. )
'2L 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. (Added by Stats. 1941, Ch. 79. )
5628- As an alternative method of collection of the amount of the lien, the legislative body, 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. (Added by Stats. 1941, Ch. 79.)
"2BA= The legislative body shall have the power, in its discretion, to determine that the payment of assessments of one hundred dollars ($100) or more may be made in annual installments, not to exceed five, and that the payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the legislative body, not to exceed the rate permitted for bonds by Section 53531 or the Government Code. Interest shall begin to run on the 31st day after the confirmation of the assessments by the legislative body. Determinations of the legislative body shall be expressed by resolution at any time prior to the confirmation of the assessments. (Amended by Stats. 1986, Ch. 507, Sec. 2.)
taxes.
(Added by Stats. 1941, Ch. 79. )
"29A If bonds are to be issued to represent the security of the unpaid assessments, upon confirmation of the report by the legislative body the superintendent of streets shall give notice to pay by mail and by publication substantially in the manner provided by Sections 4320 and 4321 of this code. The period for payment in cash stated therein shall be 30 days following the date of confirmation of the report. Upon completion of the cash payment period, the superintendent of streets shall file with the county recorder a certificate substantially in the form set out in Section 5626, giving notice therein that interest is payable at a rate to be fixed upon the sale of bonds, which rate shall not exceed the rate permitted for bonds by Section 53531 of the Government Code, and shall begin to run on the 31st day after the confirmation of the report. Thereafter the provisions of Part 5 (commencing with Section 6400) shall be applicable and payments on assessments at bond shall be made as therein provided. The bonds may be issued and sold as the legislative body directs and may be dated at any time after the expiration of the cash payment period. (Amended by Stats. 1986, Ch. 507, Sec. 3.)
'm- Whenever the property fronting on a sidewalk required to be maintained and repaired pursuant to the provisions of this chapter lies within one city or unincorporated territory of a county, and the sidewalk required to be so maintained and repaired lies within another city or unincorporated territory of a county, the superintendent of streets of the city or county having jurisdiction over the sidewalk shall have full authority to serve notices to repair and do all work contemplated by Articles 2 and 3 of this chapter, notwithstanding the fact that the property fronting on the sidewalk lies within another city or unincorporated territory of a county. The legislative body of the city or county within which the sidewalk has been repaired pursuant to the provisions of this chapter shall have jurisdiction to levy an assessment to pay the cost of any such sidewalk repairs against the parcel of property fronting on said sidewalk, notwithstanding the fact that said property lies within another city or unincorporated territory of a county and said assessment shall be a lien on said property for the amount thereof until the assessment and all interest thereon is paid or until it is discharged of record.
The provisions of Sections 5628 and 5629 of this code shall be applicable to the collection and enforcement of all liens levied pursuant to the provisions of this section and the amount so collected shall be paid to the treasurer of the city or county as the case may be which conducted the proceedings. (Added by Stats. 1945, Ch. 541.)