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HomeMy WebLinkAboutOrdinance 1724 (Underground Utility Connections)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1724 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, AMENDING TITLE 11, CHAPTER 11.28, SECTION 11.28.090, OF THE SAN RAFAEL MUNICIPAL CODE, TO ADD NEW SUBPARAGRAPHS (c), (d), AND (e), AUTHORIZING THE CITY TO DO UNDERGROUND UTILITY CONNECTIONS TO PRIVATE PROPERTY WHERE THE OWNERS OF SUCH PROPERTY HAVE FAILED TO MAKE SUCH CONNECTIONS, AND AUTHORIZING THE CITY TO LEVY ASSESSMENTS AND LIEN SUCH PROPERTY FOR THE COST OF THE CITY'S WORK" is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 2nd day of MARCH, 1998, published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael and passed and adopted as an ordinance of said City at a REGULAR meeting of the City Council of said City held on the 16th day of MARCH, 1998, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 17th day of MARCH, 1998. JEANNC)'R, LEONCINI, Ci y ler ORDINANCE NO.1724 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 11, CHAPTER 11.28, SECTION 11.28.090, OF THE SAN RAFAEL MUNICIPAL CODE, TO ADD NEW SUBPARAGRAPHS (c), (d), and (e), AUTHORIZING THE CITY TO DO UNDERGROUND UTILITY CONNECTIONS TO PRIVATE PROPERTY WHERE THE OWNERS OF SUCH PROPERTY HAVE FAILED TO MAKE SUCH CONNECTIONS, AND AUTHORIZING THE CITY TO LEVY ASSESSMENTS AND LIEN SUCH PROPERTY FOR THE COST OF THE CITY'S WORK. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1: Title 11, Chapter 11.28, Section 11.28.090 of the Municipal Code of the City of San Rafael, is amended to add new subparagraphs (c), (d), and (e), to read as follows: (c) Alternatively, if the work in sub -paragraph (a) above has not been accomplished by the affected property owners within the time provided by the resolution enacted pursuant to Section 11.28.030, after notice has been given as provided in Section 11.28.070, the city engineer may give written notice that if the work has not been completed within 30 days of the notice, that City will proceed with the work and assess the cost as a lien against such property. Such notice shall be given by regular mail to the affected property owners as shown on the last equalized assessment roll, and by posting at a conspicuous place on the property. If upon the expiration of the 30 day period, the required work has not been accomplished, the city engineer may forthwith proceed to have the work done. (d) If the City proceeds to do the work as provided in subparagraph (c) above, upon completion of the work, the city engineer shall prepare a written report concerning such work and the amount of the proposed assessment, and shall schedule a public hearing before the City Council to hear and consider the report and any protest to such proposed assessment. Notice of the hearing, together with the report, shall be given to the affected property owner in the same manner as provided above, at least 10 calendar days in advance of the hearing. The City Council shall by Resolution affirm, modify or reject the proposed assessment, which shall thereafter bear interest at the maximum rate of interest permitted by law, and the City Clerk shall mail a copy of said Resolution to the affected property owner as provided above within 10 days after adoption of the Resolution. If any assessment imposed by the City Council is not paid within 30 calendar days of the adoption of the Resolution, the City Clerk may cause to be recorded in the County Recorder's Office a Notice of Assessment Lien, specifying the amount of the lien, the name of the City of San Rafael whose behalf the lien is imposed, the name and address of the property owner, and the legal description of the property. A copy of the Resolution shall be attached to the Notice of Assessment Lien. (e) In addition to recording the Notice of Assessment Lien pursuant to subparagraph (d) P, above, the City Clerk may file a certified copy of the Notice of Assessment Lien in the offices of the County Auditor and County Treasurer -Tax Collector, which officials shall add the amount of the assessment to the next regular tax bill levied against the property. Thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same interest charges and penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. DIVISION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each 0) r - section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 3: This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. l L ALBERT J. WiRi,064b., May r ATTEST: JE M. LEONC , City Clerk The foregoing Ordinance No. 1724 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 2nd day of March, 1998 and ordered passed to print by the following vote, to wit: AYES: Councilmembers; Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 16th day of March, 1998. JEWNIE M. LEONCINI, City Clerk 0