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O1350 ~ e e CA:RMM:AKS:akss005bjhpadv City Council Meeting 12-10-85 Santa Monica, California ORDINANCE NUMBER l350(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 7913 OF THE MUNICIPAL CODE TO PROVIDE AN ADDITIONAL MEANS OF ENFORCING UNDERGROUNDING OF UTILITIES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. section 7913 is added to the Santa Monica Municipal Code to read as follows: SECTION 7913. Enforcement of Underqrounding of Utilities. Pursuant to California Government Code section 38793, if any property owner, after 30 days written notice by the Director of General Services, fails to effect the removal of existing overhead utility lines and prepare the property to accept underground utility lines as required by this Chapter, the city, at its election, may cause such work to be done and the costs thereof shall constitute a special assessment against the property, and shall become a lien on the property as - 1 - -, e e provided in this section. The procedures for such special assessment and lien shall be as follows: (a) After completion of the work, the Director of General Services shall cause notice of the cost of the work done to be given to the property owner, which notice shall specify the day, hour, and place when the City council will hear and pass upon a report by the Director of General Services of the cost of the work, together with any objections or protests, if any, which may be raised by the property owner liable to be assessed for the costs of such work and any other interested person. (b) Prior to the hearing provided for in subsection (a), the Director of General Services shall prepare and file with the City Council a report specifying the work done, the costs of the work, a description of the real property on which the work was done, and the assessment against the real property on which the work was done. (c) Upon the day and hour fixed for the hearing, the city Council shall hear and pass upon the report of the - 2 - -. e e Director of General Services together with any objections or protests which may be raised by the property owner liable to be assessed for the work and any other interested person. Thereupon the city Council revision, make such may correction [ or modifications in the report as it may deem just, after which, by resolution, the report as submitted, 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. (d) The cost of the work, if not paid days after its within ten confirmation by the ci ty council, shall cansti tute a special assessment against the 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. (e) The City may file in the office recorder of the county a certificate substantially the in following form: - 3 - e e NOTICE OF LIEN On the day of , 19 , the undersigned caused the removal of existing overhead utility lines and preparation to accept underground utility lines on the real property hereinafter described~ and the undersigned did on the day of 19 , assess the cost of such work, and the assessment has not been paid and the City of Santa Monica does hereby claim a lien on the real property for the net expense of doing the work in the sum of $ , and the same shall be a lien upon the real property until the sum, with interest at the legal rate, from the day of 19 (date of costs incurred), 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 City of Santa Monica, County of Los Angeles, state of California, and particularly described as follows: (Description of Property) - 4 - e e Dated: (Signature) (f) From and after the date of recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. If any such lien is not paid, the city may file and maintain an action to foreclose such lien in the manner provided for by law. (g) After confirmation of the report of the Director of General Services, the city council may order that 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. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to the extent necessary to effect the provisions of this ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent - 5 - - e e jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the city Clerk shall attest to the passage of this ordinance. The city Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~ """"-. \.~ ROBERT M. MYERS city Attorney lS - - 6 - '" JIl e . Adopted and approved this 10th day of December, 1985. Il 0 ~~ ~ L) (J - / ~Mayof I hereby certi fy that the foregoing Ord lnance No. 1350 (CCS) was duly and regularly introduced at a meeting of the Ci ty Council on the 26th day of November 1985; that the said Ordinance was thereafter duly adopted at a meetlng of the City Counell on the 10th day of December 1985 by the following Council vote: Ayes: Councilmembers: Conn, Epstein, A. Katz, and Mayor Reed Noes: Councllmembers: None Abstain: Councllmembers: None Absent: Councilmembers: Jennings, H. Katz and Zane ATTEST: .~~~ .. ~Cit.y~Clerk -----