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HomeMy WebLinkAboutOrdinance 1664ORDZNANCE NO. 1664 AN ORDINANCE' AMEND.T.NG AND SUPFLEMENZ'ING GTiAPTER 12.04 OE' THE CENTRAL POINT MUNICIPAL CODE P.ELA'I'ING TO REPAIR OF DEFECTZVE SIDEW.ALTZS THE PEOPLE OF THE CITX OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 12,04.060 of the Central Point Municipal. Code is hereby amended so as to read a.s folaows: 12.04.060 Repair - Notice co Owner. A. Whenever th.e Public Works Director oz- hi.s designee determines that a sidewalks needs repair, the owne.: of the property a.djaccni: to t.kae defective sidewalk shall obtain a. permit and complete repair of. the sidewalk within 30 days after the date of service of the notice desr_z:ibed herein or the posting thereof ozz the property. B. Notice of tkae defective sidewalks shall be delivered either by personal. service or by certified mail, return receipt requested, t:o the owner: of f.he property adjacent to the sidewalk. If mailed., the notice shall be sent tv the address shown in the office of the County Assessor for the owner of said property, aszd, if different., to the st-r.eet address, if any, of the property. C. If the notice i.s sent by mail., and i.s not effer.tively delivered to the owner, and. i.f, after diligent searr.h the owner cannot. be located, the Public Works Director, or. hi.s designee, shall cazzse a. copy of the notice to be posted. in a conspicuous place on the property, and such Hosting of notice skzall have the same effect as service of notice by personal service, or by certified mail. Tkae person posting such notice shall file with the City Adma.ni.strator an affidavit stating tkze tame, place and. manner of such posting of notice. D. The notice shall contain the following information: 1. That the City has determined that the Sidewalks adjacent to the owner's property is defective; 2. That the owner must obtain a permit and complete repair of the sidewalk within 30 days after the date of service of the notice oz: the posting thereof on the property; 3. That the owner may appeal the sidewalks is defective by filing, notice or the pasting thereof on vrith the City Administrator for a Council; and City°~ determinet:ion that t:he within 15 days of receipt. of the the property, a written request hearing before the City 1 - ORDINANCE NO. 1664 (111891) 4. That if the sidewall; is not timely repaired acad. no wr.:i.tterx appeal has been filed within the time allowed, tkac City will repair the sidewalk and t;he cost of the repairs will be assessed to the property adjacent to the sid.ewa.ll~. E. Notwithstanding the 30-day time period set forth in subsection A abave, whenever the Public Worlcs Director determines, i.n kai.s or her: discretion, t;hal: 1. Adverse weather or other extenuating circumstances have prevented the owner from effecting tb.e repairs wi_tkain the 30 day period; and 2. The owner. i.s proceeding in good faith k:o effect the repairs as soon as possible, then, anti in that event, the Public Worlts Director may, in his or her discretion, grant a written extension of_ the time in which the owner is required to effect the repairs. There is hereby added. to Chapter 12.04 of the Central Point Municipal Code the following sections: 04 070 Appeal to City Council. Any owner of pz:operty who h.as received notice to repair a sidewalk under Section 12_.04.060 and who objects to the same may, within ].5 days of receipt of the notice or the posting thereof on the property, appeal to the City Council for relief by filing a written request with the City Administrator for a hearing before the City Council. The request shall include the owner's reasons for opposing the repairing of the sidewalk. At tkae next a.vai.lable City Council meeting, the Counr.il shall determine whether the sidewalk is, in fact, defective. If the Council so finds, the owner shall knave 20 days from the date of the council meeting to repair the sidewalk. Section 12.09.080 Repair b~ City. If the defective sidewalk is not corrected within the time period provided, and no relief has been granted the owner by the City Council pursuant to t:he appeal process, the Public Works Director shall cause the defective sidewalk to be repaired as soon as possible. The Public Works Director, or his designee, shall maintain an accurate record of the expenses incurred by the City in repai.ri.nq the defective sidewalk, and shall include therein an overhead charge for admini.strati.on expenses. The total cost, including said overhead, shall thereafter be assessed as a lien against the property as hereinafter provided. ,Section 12.04.090 Assessment of Costs. A. After the City has repaired a. defective sidewal.lc and arrived at. the total cost as prescribed above, the City Administrator shall mail a notice oi- assessment to the owner of the property adjacent to the sidewalks repaired. The notice shall be sent to the address shown in the office of the County Assessor for the owner of said property, and shall contain the following information: 2 - ORDINANCE NO. 1664 (11.1891) ].. A statement o:E the total cos'c of repair, as det.ermirred pursuani: to Section 7.2.04.080; 2. A statement t'raat the cost constitutes a lien agaa.nst. the property, payable within 30 days; and 3. A statement that if the owner: objects to the cost, as stated, he may file a written objection with. thc. City Administrator wi.th.i.n 10 days from the date of mailing of the notice. S. The owner shall have 10 days notice in which to file with the City objection to the statement of costs. filed, the assessment shall be final, the property adjacent to the repaired Administrator: shall then enter the li from the date of mailing of the Admi.rxi.strator a written If no such objecti.orr i.s timely shall constitute a l.i.en against si.dewallc, and the City =_n in the docket of city li.exxs. C. If an objection to the st.a.tement Of cost of repair is timely filed, the City Council shall hear such objection ai: its next regularly scheduled meeting. The assessment, as determined by the Council, shall be made by minute order and shall thereafter be entered in the docket of city J.i.ens by the City Administrator and shall constitute a lien against the property adjacent t.o t:he repaired sidewalk. D. All liens imposed under this Chapter skaall bear simple interest at the a: ate of 9% per year from the date of entry i.n the lien docket. E. An error i.n the name of the owner shall not void the lien nor will. a failure to receive notice of the assessment render the assessment. void, but it. shall nevertheless remain a valid lien against the property. ~e~'tion 12.09.100 Foreclosure of Liens. The City may foreclose all liens created pursuant to Section 12.04.090 in any manner or process allowable by law. Passed by tkre Council and signed by me in aut.hent:ication of its passage this ~~ day of -:.~1?~JL 1991. /~" L~/Pr ~~~c/!P Nayior ATTEST: Approved by me this y~~~ day of iSi 1991. ~~~ ~. a~ ~, •,k Ro r h'est.ensee, Niayot: 3 - ORDINANCE NO. 1664 (111891)