A. Notice to maintain and/or repair pursuant to Sections 12.08.020(B), (C) and (D) and 12.08.030 may be given by delivering a written notice to the property owner of record of the abutting property, and/or by mailing a postal card, postage prepaid, to the property owner of record of the abutting property, at such property owner’s last known address as the same appears on the last equalized assessment roles of the county. The postal card shall contain a notice to maintain and/or repair the sidewalk area. The street superintendent shall, immediately upon the mailing of the notice, cause a copy thereof, printed on a card of not less than eight inches by ten inches in size, to be posted in a conspicuous place on the property.
B. The notice shall specify what work is required to be done, how it is to be done, and what materials shall be used in the maintenance and/or repair and shall further specify that if the maintenance or repair is not commenced within fourteen (14) days after notice is given and diligently and without interruption prosecuted to completion, the street superintendent shall make such repair, and the cost of the same shall be a lien on the property.
C. Upon completion of the maintenance and/or repair by the city, the street superintendent shall cause notice of the cost of the maintenance and/or repair to be given in the manner specified in this section for the giving of notice to repair and/or maintain. Such notice shall specify the day, hour and place when the city council will hear and pass upon, a report by the street superintendent of the cost of the maintenance and/or repair, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons.
D. Upon the day and hour fixed for the hearing the city council shall hear and pass upon the report of the street superintendent, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the cost of making such repair and/or maintenance, and any other interested persons. Thereupon the city council may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The city council may adjourn the hearing from time to time. The decisions of the city council on all protests and objections which may be made shall be final and conclusive.
E. The cost of the maintenance and/or repair may be assessed by the city council against the abutting property upon which such maintenance was performed and/or repair made. Such cost, so assessed, if not paid within five days after its confirmation by the city council, shall constitute a special assessment against that 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.
F. The street superintendent may file in the office of the county recorder in which the property is located, a certificate substantially in the following form:
NOTICE OF LIEN
Pursuant to the authority vested in me by the Improvement Act of 1911, Streets & Highways Code Sections 5610 et seq., and otherwise as allowed by law, I did, on _____ day of _________ _____ cause the sidewalk improvements, parkway, parking strip, trees and/or groundcover or other works (as the case may be) in front of the real property hereinafter described, to be maintained, repaired and/or improved, and the City Council of the City of Yucaipa did, on the _____ day of _________ , _____ by Resolution No. __________ assess the cost of such maintenance, repair and/or improvement upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the City of Yucaipa does hereby claim a lien on said real property in the sum of ___________ dollars ($ _________ ), and the same shall be a lien upon said real property until the said sum, with interest at the legal rate, from the said _____ day of __________ , _____ (date of confirmation of assessment), 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 Yucaipa, San Bernardino County, State of California, and particularly described as follows:
[insert property description]
Dated this _____ day of_______ , _____
____________________
Superintendent of Streets
G. 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. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitation shall not run against the right of the city to enforce the payment of the lien. If any such lien is not paid the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under the Improvement Act of 1911, Streets and Highways Code Section 5610 et seq.
H. As an alternative method of collection of the amount of the lien, the city coun-
cil, after confirmation of the report of the street superintendent, may order the notice of lien to be turned over to the county tax collector, whereupon the amount of the assessment, plus the costs of collection, shall be added to the next regular bill for taxes levied against the lot or parcel of land, and collected together with all other taxes thereon against the property. (Ord. 322 § 2, 2012; Ord. 183 § 1, 1998)