SR-512-002
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CA:RMM:AKS:akss005c/hpadv
City council Meeting 12-10-85
Santa Monica, California
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STAFF REPQRT
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TO:
Mayor and City Council
FROM:
City Attorney
Ordinance Adding Municipal Code section 7913 to
Provide Additional Means of Enforcing Property Owners'
Duties Regarding Undergrounding of Utilities
SUBJECT:
At its meeting on November 26, 1985, the City Council
introduced for first reading an ordinance adding Municipal Code
Section 7913 to provide additional means of enforcing property
owners' duties regarding undergrounding of utilities. The
ordinance is now presented to the city Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY:
Robert M. Myers, City Attorney
Amelia K. Sherman, Deputy City Attorney
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BEFORE DISTRIBUTIOK CHECK CONTENT OF
DISTRIBUTION OF RESOLUTION #
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6-6
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ALL
FOR CIry CLERKtS ACTIOX
_ ":PC.,
ORDINANCE it /"350
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Introduced:
Councl1 MeetIng Date
Agenda Item #
Adopted'
AIJ'>1AYS PUBLISH AOCIP!'ED ORDlNANCES*
*Cross out Attorney I s aPFroval
\\'as It amended?
VOTE: AffirmatIve:
NegatIve:
Abstain' ^
Absent. ~ J It ~7' ~
~ PROOf VOTr~ ~Io/H A~OTHER PERSOv BEFORE A^NTHI~G
DISTRIBL't"fIOl\' ORIGli".4i. TO De signed, sealed and
flIed in Vault.
~EWSPAPER PUBLICATION (Date:
)
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Department orIglnatlng staff report (
Managenent Ser~l~e~
Lvnne Barrette .urdinances only
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Agency MentIoned In document or staff report
(certIfied ?)
SubJect fIle (agenda packet) 1
Counter file 1
Others'
-\lrport Parklng Auth.
AudltoTU1l. Personnel
BUIldIng Dept PlannIng
Envlron. Servo Police (en-
forcement?)
Flnance
Purchasing .
Fire
I Recr/Parks
General Servo
Transportation
LIbrary
Treasurer
t-Ianager
SE~D FnU~ COPIES OF ALL ORDI\A~CES TO;
CODfD SYSTHtS, At"tn Pelet" \iacreai"ie
12.0 ~.!aln -"~rc.et
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SE~D FOUR COPIES OF A1,1.. ORT/TNANr..F.S. .TO:
PRESIDING JUDGE
SA;.;TA ivIO:.JIL\ >IU:--JICIPAL COURT
(725 MAIN ST~EET
SA~TA ~OXICA, CA 90401
*Check CoC.e SectlOns before sendmg.
TOTAL COPIES
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CA:RMM:AKS:akss005b/hpadv
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
UndergrQunding 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 utili ty 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
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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
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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 may make such revision,
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 within ten days after its
confirmation by the city Council, shall
constitute 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 of the county recorder a
certificate substantially in the
following form:
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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)
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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
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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 wi thout 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:
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ROBERT M. MYERS U
city Attorney
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Adopted and approved this 10th day of December, 1985.
"t:-1--l:L- ~ ~ J(
/ Mayor -
I hereby certi fy that the foregoIng Ordinance No. 1350 (CCS)
was duly and regularly introduced at a meeting of the CIty
Council on the 26th day of November 1985; that the saId OrdInance
was thereafter duly adopted at a meetIng of the City Council on
the 10th day of December 1985 by the following Council vote:
Ayes: Councllmembers:
Conn, Epstein, A. Katz, and Mayor
Reed
Noes: Councllmembers:
None
Abstain: Councllmembers:
None
Absent: Councilmembers:
JennIngs, H. Katz and Zane
ATTEST:
~7h~
CIty Clerk
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