ORDINANCE NO. 23-0013
AN ORDINANCE OF THE CITY OF MANHATTAN BEACH
AMENDING MANHATTAN BEACH MUNICIPAL CODE SECTION
7.28.100 TO AMEND THE EXISTING PROVISIONS THEREOF
REGARDING THE RESPONSIBILITY OF PROPERTY OWNERS
WITHIN AN UNDERGROUNDING UTILITY DISTRICT TO
PROVIDE REQUIRED UNDERGROUND FACILITIES ON THEIR
PROPERTY, AND MAKING A DETERMINATION OF EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE M ANHATTAN B EACH C ITY C OUNCIL H EREBY O RDAINS A S FOLLOWS:
SECTION 1. The C ity C ouncil h ereby a mends M anhattan B each Municipal Code Section 7.28.100 to read as follows:
“7.28.100 - Responsibility of property owner.
A. 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 his property between the facilities referred to in Section 7.28.090 hereof and the termination facility o n o r w ithin s aid b uilding o r s tructure b eing s erved, a ll i n a ccordance w ith t he applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to S ection 7 .28.040 hereof, the City Engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the record owner thereof a sof t he p remises a t t he a ddress s hown o n t he l ast e qualized assessment roll, or the supplemental roll, whichever is more current, and to the address of the p remises, i f d ifferent, to p rovide t he r equired u nderground f acilities w ithin tenthirty (1030) days after the receipt of such notice.
B. The notice to provide the required underground facilities by Paragraph A may be given either by personal service or by mail. In case of service by mail on either of such persons, by d epositing t he n otice m ust b e d eposited i n t he U nited S tates Mailmail i n a s ealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery. City of Manhattan Beach, California. If notice is given by mail, such notice shall be d eemed t o h ave b een r eceived b y t he p erson t o w hom i t h as b een s ent w ithin forty-eight (48) hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within forty-eight (48) hours after the mailing thereof, cause a copy thereof, printed on a cardpaper not less than eight (8″) inches (8″) by ten (10″) inches (10″) in size, to be posted in a conspicuous place on said premises.
C. The notice given by the City Engineer to provide the required underground facilities by Paragraph A shall particularly specify what work is required to be done on the premises and s hall s tate that i f s aid work i s n ot c ompleted within thirty ( 30) d ays a fter r eceipt o f such notice, the City Engineer will provide such required underground facilities, in which caseor cause such required underground facilities to be provided by a contractor, and the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.
D. I f, u pon t he e xpiration o f t he t hirty ( 30) d ay p eriod, t he s aid r equired u nderground facilities have not been provided, the City Engineer shall forthwith proceed to do the work or cause a contractor to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the City Engineer shall, i n l ieu o f p roviding t he r equired u nderground f acilities, h ave t he a uthority t o authorize t he d isconnection a nd r emoval o f a ny a nd a ll o verhead s ervice w ires a nd associated facilities supplying utility service to said property. Upon completion of the work by the City Engineer or contractor, the City Engineer shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and t he c ost t hereof, together w ith a l egal d escription o fand i dentifying t he p roperty against which such cost is to be assessed. The Council shall thereupon fixset a time and place f or h earing p rotests a gainst t he a ssessment o f t he c ost o f s uch w ork u pon s uch premisesproperty, w hich s aid t ime s hall n ot b e l ess t han tenfourteen ( 1014) d ays thereafter.
E. The City Engineer shall forthwith, upon the time for hearing such protests having been fixed,immediately give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilitiesrecord owner of the p remises a s s hown o n the l ast e qualized assessment roll, or the supplemental roll, whichever i s m ore c urrent, a t the a ddress s hown o n the r oll, a nd to the address of the premises, if different, of the time and place that the Council will pass uponhold a hearing to consider such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment and that if such assessment is not paid within five (5) days after the amount of the assessment is confirmed by the Council at such hearing, that the assessment shall become a lien upon the property against which the assessment is made. Such notice may be given either by personal service or by mail by d epositing t he n otice i n t he U nited S tates m ail i n a s ealed e nvelope w ith p ostage prepaid. If notice is given by mail, the City Engineer shall, within forty-eight (48) hours after the mailing thereof, cause a copy thereof, printed on paper not less than eight inches (8″) by ten inches (10″) in size, to be posted in a conspicuous place on said premises .
F. U pon t he d ate a nd h our s et f or t he h earing o f p rotests, t he C ouncil s hall h ear a nd consider t he r eport a nd a ll p rotests, i f t here b e a ny, a nd t hen p roceed t o affirm, modifyconfirm, c onfirm a s m odified, o r r eject t he a ssessment. T he h earing m ay b e continued from time to time.
G. If any assessment is not paid within five (5) days after its confirmation by the Council, the amount of the a ssessment shall become a lien upon t he property against which the assessment i s m ade b y, a nd the C ity E ngineer, a nd the C ity E ngineer i s d irected shall provide to turn over to the County Assessor and Tax Collector a notice of lien on each of said properties on which the assessment has not been paid, and said Assessor and Tax Collector shall add the amount of said assessment to be added to the next regular bill for ad valorem taxes levied against the premises upon which said assessment was not paid.
Said, and such assessment shall be due and payablecollected at the same time as said property taxes are due and payable, and if not paid when due and payable, shall bearand in the same manner as ordinary municipal ad valorem taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided f or s uch t axes. A ll l aws a pplicable t o t he l evy, c ollection a nd e nforcement o f municipal ad valorem taxes shall be applicable to such assessment. ¶ Alternatively, if a property owner demonstrates financial hardship, the City Manager, in his or h er s ole d iscretion, m ay a uthorize c ollecting t he a ssessment, t ogether w ith i nterest thereon at t he r ate o f s ix p ercent ( 6%) p er a nnum, in u p to 2 0 a nnual i nstallments. In such case, the City Engineer shall provide the installments to the County Assessor and Tax Collector to be added to the regular bills for ad valorem taxes, and such installments shall b e c ollected a t t he s ame t ime a nd i n t he s ame m anner a s o rdinary m unicipal a d valorem t axes a re c ollected, a nd s hall b e s ubject t o t he s ame p enalties a nd t he s ame procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of municipal ad valorem taxes shall be applicable to such assessment and each installment thereof. Each property owner who elects for the assessment to b e c ollected i n a nnual i nstallments shall execute an agreement with the City, which shall be recorded against the property, and any other document necessary to secure the owner’s obligation to pay the assessment in accordance with this Section .” SECTION 3. INTERNAL C ONSISTENCY. A ny p rovisions o f t he Municipal Code, or any other resolution or ordinance of the City, to the extent that t hey a re i nconsistent w ith t his O rdinance a re h ereby r epealed, a nd t he City C lerk s hall m ake a ny n ecessary c hanges t o t he M unicipal C ode f or internal consistency.
SECTION 4. CEQA. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections _____________________________________.
SECTION 5 . SEVERABILITY. I f a ny p art o f t his O rdinance o r i ts application i s d eemed i nvalid b y a court o f c ompetent j urisdiction, t he C ity Council i ntends t hat s uch i nvalidity w ill n ot a ffect t he e ffectiveness o f t he remaining provisions or their application and, to this end, the provisions of this Ordinance are severable.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 7. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 1 5 d ays a fter i ts p assage, i n a ccordance w ith S ection 3 6933 o f t he Government Code.
ADOPTED on _____________, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
RICHARD MONTGOMERY
Mayor
ATTEST:
_________________________________
LIZA TAMURA
City Clerk
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