Loading...
The City Council hereby declares that it is its intention in adopting this procedural ordinance to exercise and make use of the power and authority granted and conferred upon it by the City Charter and declares that this procedure shall be additional or alternative to any procedure established by state law. The election of the City Council to proceed under the provisions of this ordinance shall be expressed in the Ordinance of Intention of the improvement to be made.
SECTION HISTORY
Based on Ord. No. 85,500.
Section
6.65 Authority of Council to Act.
6.66 Specifications.
6.67 Cost – Assessments.
6.68 Work to Be Performed by City.
6.69 Ordinance of Intention.
6.70 Notice – Posting.
6.71 Protests.
6.72 Final Ordinance of Improvement.
6.73 Board of Public Works to Make Assessments.
6.74 Appeal to Council.
6.75 Payment of Assessment.
6.76 Delinquent Assessment.
6.77 Delinquent List – Publication.
6.78 Sale of Property.
6.79 Certificate of Sale.
6.80 Redemption.
6.81 Execution of Deed.
6.82 Payment to City Treasurer.
6.83 Performance of Work.
6.84 Assessment to Be Lien on Property.
6.85 Powers of Council.
6.86 Publication in Daily Newspaper.
6.87 Description of Project.
6.88 Definitions.
6.89 Construction of Article.
The Council of the City of Los Angeles, in conformity with the procedure in this ordinance prescribed is hereby authorized and empowered, whenever in its opinion the public interest or convenience may require, or the City shall have been requested so to do by a petition signed by the owners of a majority of the property fronting on the proposed improvement and to be assessed to pay the costs thereof, to order the whole or any portion or portions, either in length or width, of any one or more of any public streets, alleys, or other public places in the City improved by surfacing or resurfacing, in accordance with the specifications hereinafter set forth, or the same as they may by ordinance be hereafter amended or changed. The Council may include in one proceeding such work or improvement on any number of public streets, alleys or other public places, or any portion or portions thereof, whether contiguous or directly connected or otherwise, and may except therefrom any portion or portions thereof already improved and which may be in good condition and repair.
SECTION HISTORY
Based on Ord. No. 41,060.
All work or improvement ordered to be made under the provisions of this article shall substantially conform to the following specifications:
“Scarifying”: The street shall be either plowed or rooted up, after which the old oil surface, if any, shall be well pulverized. The surface shall then be smoothed and rounded up with a road machine after which it shall be wet down and thoroughly rolled with a road roller, having a weight of not less than twelve tons.
“Oiling”: Upon the roadway thus prepared there shall be evenly applied asphaltic oil in the quantity and proportion of one-half gallon to the square yard of street surface. Said asphaltic oil and its method of application shall conform to Section 29 and Section 38 of Specifications No. 122, as adopted by Ordinance No. 39,414 (New Series) adopted October 4, 1919, by the City of Los Angeles. After the oil has been applied, a layer of crushed rock screenings or decomposed granite graduated in such size that ninety (90) per cent or more by weight, shall pass a screen having circular holes five-eighths of an inch in diameter, or “run of pit” sand and gravel as it occurs in the natural deposit containing all sizes not exceeding one inch in diameter shall be evenly spread to a depth of one half an inch. After the surface has been rolled, if oil appears on the surface, rock screenings, decomposed granite or sand grated or as the case may be, shall be applied in sufficient quantity to thoroughly cover all such places.
SECTION HISTORY
Based on Ord. No. 41,060.
The cost of all work or improvement performed under this article shall be paid as follows:
The cost of all work done on street crossings or intersections and opposite terminations of street terminating in the direction to be improved, or any other portion thereof not abutting upon the frontage to be assessed, shall be paid out of the treasury of the City from such fund as the Council shall designate. The remaining cost of said improvement shall be assessed upon and paid by the lots or parcels of land fronting upon the public streets, alleys or other public places upon which such improvement is made.
SECTION HISTORY
Based on Ord. No. 41,060.
All work of improving streets to be done under the provisions of this article shall be performed by the City by the direct employment of labor and purchase of material. No contract need be entered into by the City for such work and no bonds need be furnished by the City.
SECTION HISTORY
Based on Ord. No. 41,060.
Before ordering any work done or improvement made which is authorized by this article the Council shall pass an Ordinance of Intention so to do. It shall be sufficient for said ordinance to briefly describe the work or improvement in general terms, referring to the plans, profiles and specifications therefor on file in the office of the City Engineer for further particulars, which said plans, profiles and specifications shall govern and control for all details and description. Said ordinance shall fix a day, hour and place when and where all protests against the proposed work or improvement will be heard by the Council which time shall be not less than fifteen (15) nor more than thirty (30) days from the date of the adoption of said ordinance. Said ordinance shall state that the improvement therein contemplated is to be performed under the provisions of this article.
Upon the adoption of said Ordinance of Intention the City Clerk shall cause the same to be published once in a daily newspaper published and circulated in the City and designated by the Council in said ordinance.
Upon the adoption of said Ordinance of Intention the City Engineer shall also mail postage prepaid, to each property owner whose property is to be assessed for the proposed improvement, at the property owner’s last known address as the same appears upon the tax rolls of the County of Los Angeles, or when no address so appears, to the General Delivery of the United States Post Office in the City of Los Angeles, a postal card containing a notice which shall be in substantially the following form (filling blanks):
[IMPROVEMENT HEARING NOTICE RE STREET RESURFACING]
You are hereby notified that on the ______ day of ________, _____, the Council of the City of Los Angeles, California, adopted Ordinance of Intention No________ (New Series) providing for the improvement of ______________. All protests must be filed in writing in the office of the City Clerk before the hour of ________ o'clock A.M. on the ________ day of ________, ______, and all protests so filed will be heard and considered by the City Council in the Council Chamber at said time. You are hereby referred to said ordinance for further particulars. Property belonging to you is to be assessed for this improvement.
______________________________
City Engineer.
If any lots or parcels of land to be assessed from the improvement are assessed to “unknown owners” on said tax-rolls no such postal cards need be mailed to the owners thereof. The City Engineer shall immediately upon the completion of the mailing of said postal cards file in the City Engineer’s office an affidavit setting forth the time and manner of the City Engineer’s compliance with this provision; provided, that the failure of the City Engineer to mail said postal cards or the failure of the property owners to receive the same, shall in no wise affect the validity of the proceedings or prevent the Council from acquiring jurisdiction to order the work.
SECTION HISTORY
Based on Ord. No. 41,060.
Amended by: Ord. No. 181,595, Eff. 4-10-11.
The Board of Public Works shall after the publication of the Ordinance of Intention, cause to be conspicuously posted along all the public streets, alleys or other public places where any work is to be done or improvement made, at not more than three hundred (300) feet apart and not less than (3) in all, notices of the adoption of said ordinance. Said notices shall be headed “Notice of Local Improvement” in letters not less than one inch (1") in length, and shall, in legible characters, state the fact of the adoption of the Ordinance of Intention, its date and number, and briefly describe in general terms the proposed improvement, referring to the plans, profiles and specifications therefor on file in the office of the City Engineer for all details and description.
Said notice shall also contain a statement of the day, hour and place fixed in the Ordinance of Intention for the hearing of all protests to the proposed work or improvement, and that any and all protests thereto must be filed in writing in the office of the City Clerk prior to said time. The failure of the Board of Public Works to cause such notices to be posted shall in no wise affect the validity of the proceedings or prevent the Council from acquiring jurisdiction to order the work; provided, however, that the Council may require an affidavit to be filed showing the posting before it adopts the Final Ordinance ordering the work.
SECTION HISTORY
Based on Ord. No. 41,060.
At any time not later than the hour fixed in the Ordinance of Intention for hearing protests any person interested, objecting to the proposed work or improvement, may make written protest. Such protest must be in writing and must be filed with the City Clerk not later than said time, must contain a description of the property in which each signer thereof is interested and set forth the nature of the signer’s interest therein, and in case any signature is made by an agent, there must be attached to the protest or objection the affidavit of such agent that the agent is duly authorized to sign such protest or objection. Any protest not complying with the foregoing requirements shall not be considered by the Council. The City Clerk shall endorse on every such protest the time of its reception by the City Clerk, and at the time fixed for the hearing or at any other time to which such hearing may be adjourned, the City Clerk shall present to said Council all protests so filed by the City Clerk. Before the hearing of any protest there shall be filed with the Council, if the Council shall demand it, an affidavit of the employee of the Board of Public Works who posted said notices of local improvement, that such notices have been posted as provided by this ordinance, and the City Engineer shall present to the Council the City Engineer’s affidavit setting forth the time and manner of the City Engineer’s compliance with the provision as to the mailing of postal cards, and the Council shall thereupon cause to be entered in its minutes an order reciting the giving of notice by such posting and mailing and such order shall be prima facie evidence of the facts therein recited. The Council shall hear and consider said protests of said meeting, or at any time to which the hearing thereof may then be continued and pass upon the same, and its decision thereon shall be final and conclusive provided, however, that if the Council finds that said protests are signed by the owners of a majority of the frontage of the property fronting on the streets or parts of streets to be improved all further proceedings shall be stayed and barred for a period of not less than six (6) months from the date of the filing of such majority protests, unless the owners of a majority of such frontage shall, in the meantime, petition for such improvement to be made; except that in case such improvement is for the improvement of a portion of a street adjacent to a portion of the same street previously improved in substantially the same manner as the proposed improvement, and such proposed improvement covers a distance less than one tenth (1/10) of the portion of said street previously so improved, or is not more than two (2) blocks in length and covers a distance less than the portion of such street previously so improved, the work shall not be stayed or prevented by any such protest or objection unless the Council shall deem proper. If such protests are not signed by the owners of a majority of such frontage, and such protests are sustained, no further proceedings shall be had under said Ordinance of Intention, but a new Ordinance of Intention for the same improvement may be passed at any time. If such protests are denied, the proceedings shall continue as if such protests had not been made.
SECTION HISTORY
Based on Ord. No. 41,060.
Amended by: Ord. No. 181,595, Eff. 4-10-11.
Loading...