Definition of "Open Public Street," Etc. – Powers of Supervisors – Use of General Law Procedures. | |
Improvement – Classes Included. | |
Preliminary Order of Expediency. | |
Order Declaring Intention to Recommend. | |
Different Kinds of Work May be Included in One Proceeding. | |
Official Grade – Proceedings on Change. | |
Declaration of Intention Shall Designate District Benefited. | |
Portion of Expense Paid Out of Treasury. | |
Order Declaring Intention-Proceedings. | |
Protests – Decision of Director. | |
Action on Protest – Recommendation – Diagram. | |
Recommendation That Work be Done. | |
Proceedings by Supervisors – Delay, Extent of – Work Ordered by Ordinance. | |
Abandonment of Proceedings – Renewal. | |
Description of Assessment District Required. | |
Plans and Specifications Prepared. | |
Notice Inviting Bids – Procedure. | |
Bids and Award – Procedure. | |
Owners' Election to do Work. | |
Irregularities – Protest – Failure to Protest. | |
Failure of Awardee to Enter Into Contract. | |
Contract – Approval and Execution. | |
Contracts in Triplicate. | |
Noncompletion in Time – Re-Award – Liability. | |
Surety Bond. | |
Material and Labor Claims. | |
Liens – Enforcement. | |
Assignment Not to Defeat Claims. | |
Disputed Claim – Bond to Release. | |
Suits Against Surety. | |
Certificate of Completion – Supervision of Director. | |
Method of Assessment – Work Done by Owner. | |
Warrant – Form – Recordation – Lien. | |
Objection to Assessment. | |
Notice of Appeal. | |
Hearing of Appeal. | |
Jurisdiction of Supervisors. | |
Delivery of Warrant, Etc. | |
Warrant Authorizes Collection, Return Of. | |
Suit on Warrant – Parties – Time Limitations. | |
Suit to Void Assessment – Time Limitation. | |
Release of Assessment – Lost Warrant – Effect of Records. | |
Subdivision of Property – Proportionate Assessment. | |
Delinquent Assessments – Notification – Entry on Tax Bill. | |
Assessments Payable in Installments – Interest. | |
Installment Payments – Form of Bonds. | |
Effect of Failure to Execute Bond. | |
Bonds and Coupons – Recordation. | |
Deed to Purchaser if no Redemption. | |
Redemption – Disposition of Funds. | |
Director to Keep Record of Bonds. | |
Nonexecution or Invalid Bond – Lien Rights. | |
Bond May be Executed after Expiration of Time. | |
Assessment Exceeding $200. | |
Reassessment – Circumstances Under Which Made. | |
Reassessment – Procedure. | |
Substitute for Director of Public Works or City Engineer. | |
Notices and Affidavits – Service – Publication. | |
Duty of Director Regarding Publication, Posting, Etc. | |
"Incidental Expenses," Definition of – Demands. | |
"Street" and "Places," Definitions of. | |
Postponements of Hearings not to Affect Jurisdiction – Notice. | |
Irregularities not to Invalidate Proceedings. | |
Pending Proceeding – Construction. | |
All streets, avenues, lanes, alleys, courts, places, public ways, property, rights of way, tidelands and submerged lands, in the City and County of San Francisco, now open or dedicated or which hereafter may be opened or dedicated to public use, and any property in said City and County for the immediate possession and use of which, as right of way required for public use, an order has or shall have been obtained pursuant to Sections 14 and 14½, Article I, California Constitution, and all tidelands and submerged lands which have been or hereafter may be granted by the State of California to said City and County, shall be deemed and held to be open public streets, avenues, lanes, alleys, courts, places, public ways, property or rights of way owned by said City and County, for the purposes of this Article, and the Board of Supervisors of said City and County is hereby empowered to establish and change the grades of all said ways, properties and rights of way and fix the width thereof, and is hereby invested with jurisdiction to order to be done therein, thereover or thereon, either singly or in any combination, pursuant to the proceedings hereafter described, or pursuant to general law, including the Improvement Act of 1911 and the Municipal Improvement Act of 1913, and any and all of the work or improvements mentioned in this Article or in such general laws, and to issue bonds as authorized hereby or by such general laws including Improvement Act of 1911 and Improvement Bond Act of 1915. The words, public ways, when used in this Article shall be deemed to include all the existing and future property of said City and County hereinabove mentioned. The word, Supervisors, when used in this Article, will refer to the Board of Supervisors of the City and County of San Francisco.
(Amended by Ord. 201-81, App. 4/24/81)
The Supervisors, pursuant to the procedure in this Article prescribed, are hereby empowered to order the whole or any portion or portions, in either length or width, of any one or more of said public ways to be improved by or have constructed therein, thereover or thereon either singly or in any combination, any of the following work:
(a) The grading or regrading, paving or repaving, planking or replanking, macadamizing or remacadamizing, graveling or regraveling, oiling or re-oiling, piling or repiling, capping or recapping, repairing or reconstruction thereof;
(b) The filling of excavations therein;
(c) The construction or reconstruction of sidewalks, crosswalks, steps, safety zones, platforms, seats, statuary, fountains, parks and parkways, culverts, bridges, curbs, gutters, tunnels, subways or viaducts;
(d) Sanitary sewers or instrumentalities of sanitation, together with the necessary outlets, cesspools, manholes, lamp holes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, side sewers, ditches, drains, conduits, tunnels, channels and other appurtenances;
(e) Drains, tunnels, sewers, conduits, culverts and channels for drainage purposes, with necessary outlets, cesspools, manholes, lamp holes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, side sewers, ditches, drains, conduits, channels and appurtenances;
(f) Viaducts, conduits, water pipes, water connections and appurtenances and subways;
(g) Poles, posts, wires, pipes, conduits, tunnels, lamps and other suitable or necessary appliances for the purpose of lighting said public ways or other property owned by said City and County;
(h) Pipes, hydrants and appliances for fire protection;
(i) Breakwaters, levees, bulkheads, retaining walls and walls of rock or other material to protect said public ways and other property in said City and County from overflow by water;
(j) Retaining walls, embankments and other structures necessary or suitable in connection with any of the work in this Section mentioned;
(k) The planting of trees, shrubs or any other ornamental vegetation;
(l) The installation of appliances for regulating traffic of pedestrians and vehicles and all other traffic, together with all requisite cables, wires, conduits and all other instrumentalities necessary or proper for the operation of such appliances;
(m) All other work necessary or suitable to improve the whole or any portion of said public ways;
(n) All other work auxiliary to any of the work above mentioned, which may be necessary or convenient for the performance of the same.
Exhibit Plan or Plans. When, in the judgment of the Director of Public Works of said City and County, public interest or convenience requires that any of the work mentioned in this Article be done, the expense of the whole or any part of which is to be assessed upon private property, and said Director deems the same expedient, he may by written order declare such expediency and briefly describe such work. Said Director shall cause to be preserved in the office of the Department of Public Works in permanent and appropriate form a written record of all acts pursuant to the procedure prescribed in this Article including all orders made by him hereunder, so that at all times during business hours there shall be open to the public a complete written record of all acts pursuant hereto. All orders of said Director pursuant hereto shall be identified by his signature. Upon making any such order of expediency, said Director shall cause to be prepared exhibit plan or plans, sufficient to give reasonable notice to the owners of the property liable to be assessed of the nature and extent of the proposed work.
(Amended by Ord. 321-69, App. 11/10/69)
At any time after the exhibit plan or plans for the contemplated work shall have been prepared, said Director may make an order declaring his intention to recommend to the Supervisors that they order to be done the work described in his order declaring the expediency thereof, or some part or modification of such work.
(a) Designation of Contemplated Work. Said order declaring his intention shall refer to the public way affected, by its lawful or official name, or the name by which it is commonly known. When the contemplated work is not upon a public street or thoroughfare, the order shall briefly describe the property or right of way on which the work is to be done. Said order will be sufficient if it states in general terms the kind of work contemplated, such as grading, paving, sewering or other improvements, gives in general the location of the proposed improvement and refers to the exhibit plan or plans therefor, for a description of the proposed work.
(b) Notice of Time of Hearing. Said order declaring the intention of said Director shall also contain a notice of the day, hour, and place when and where any and all persons having any objections to the proposed work may appear before said Director and show cause why said proposed work should not be done in accordance with said order declaring the intention of said Director. Said time shall not be less than 15 days or more than 30 days from the date of making said order of intention.
(Amended by Ord. 321-69, 11/10/69)
Said Director may include in one proceeding, under one order declaring his intention and in one contract, any of the different kinds of work mentioned in this Article on any number of public ways, contiguous or otherwise, and he may except therefrom any of such work already done.
The grade to which any work shall be done shall be such as may be shown on the exhibit plan or plans therefor, or it may be done on such a grade as may formally have been established by the Supervisors. If any official grade already has been established for any of the public ways proposed to be improved, it shall be lawful for the order of said Director declaring his intention, to provide that said work shall be done to new grades or grades different from those so established, and said order shall refer to exhibit plan or plans for the description of the grade at which the work is to be done. Any property owner whose property is to be assessed to pay the costs of the proposed work may at the time fixed in said order for hearing objections appear before said Director and object to the proposed grade or proposed modification of grade. A failure to make objection at such time shall be deemed to be a waiver of all objections to the proposed grade or proposed change of grade and shall operate as a bar to any claims for damages or any subsequent action looking to the prevention of the work or the recovery of damages on account of the performance of the work to such grade or changed grade. The provisions of this Section relative to grades are alternative and do not affect other provisions of law relative to change of grade.
(Amended by Ord. 321-69, App. 11/10/69)
Said Director shall make the expense of such work chargeable upon the district in his opinion benefited by such work. In his said order declaring his intention he shall describe such district and declare it to be the district which will be benefited by such work. Such district may be described in such order by stating the exterior boundaries thereof, or by giving a description thereof according to any official or recorded map or maps, or by referring to the maps or block books customarily used by the Assessor and Tax Collector for City and County assessment or tax collection purposes, or by referring to a plat or map which shall be on file in the office of said Director at the time of making the order declaring his intention; said last mentioned plat or map shall indicate by a boundary line the extent of the territory included in the proposed district, and, if referred to as hereinabove provided for, shall govern for all details as to the extent of such assessment district.
When two or more public ways, not contiguous or directly connected, are to be improved under the same proceeding, such number of districts may be provided for therein as shall be deemed by said Director to be expedient.
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