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HomeMy WebLinkAboutMINUTES - 02272007 - SD.7 (2) 2-27-07 S� To: Contra Costa Board of Supervisors Re: 4395 Cabrilho Drive, Martinez sidewalk repair bill from County From: William Snipes and Marcia Downie, owners When we received the bill from the County for $8,852.48 for repairing sidewalk sections at our property, we believed the bill was much too high. On January 24th we wrote the Maintenance Department requested supporting information for this bill, and Mr. Finch send us a packet of information. After analyzing the information, we faxed a 5 page fax letter marked "urgent and important" to Mr. Finch yesterday. We have made copies for you (pages 1-5) of the packet. To that we have attached copies of 6 other papers: • p. 6 —June 21, 06 fax from Becerra Cement with breakdown of charges for our property • p 7 — February 6, 07 fax from Becerra Cement with breakdown of charges for our property, • p 8 - aerial photograph of our property labeling 6 sections of sidewalk said to have been repaired by Becerra Cement • p 9 —February 13, 07 spreadsheet by Mr. Finch giving dimensions of 6 sections of sidewalk said to have been repaired by Becerra Cement *'p 10 — July 1, 2005 claim form from us as owners of 4395 Cabrilho Drive to Contra Costa Water District reporting broken sidewalk on front of property • p. 11 — July 14j 2005 letter from Risk Manager of Contra Costa Water District advising us that 4395 Cabrilho Drive sidewalk will be repaired. A review of these papers show that: • the Maintenance Department billed us for a 44 square foot section of sidewalk that had already been repaired by the Contra Costa Water District • Becerra's breakdown of his expenditures for cement, equipment, and labor increased by $1,386 from his June, 06 fax to his February, 07 fax. • Several costs in Becerra's 2 faxes were questionable and unsupported by data to back them up. We have been billed for repairing 25 sq. ft. of asphalt cement on the street. In reviewing California Street and Highway code 5610 and the Public Works Department's Information, especially "Sidewalk Repair Tips" under "Why is this my Responsibility?" provided to us by Mr. Finch, it appears that the homeowner is not responsible for the repair of the street,just the sidewalk and curb. As we stated in our letter to Mr. Finch we stand ready to pay a legitimate, legal invoice as soon as it is presented to us. Given the glaring errors and inconsistencies in the paperwork provided to justify the current invoice, we are requesting that the Board deny the County request for a lien and instruct the County to provide us with a corrected invoice with sufficient justification of all charges so we can then, pay it in full. Sincerely, William Snipes and Marcia Downie 2-26-07 Henry Finch Associate Civil Engineer Maintenance Division Contra Costa County Public Works Department 2475 Waterbird Way Martinez, CA 94553-1457 Fax: 925-313-7014 Re: 4395 Cabrilho Drive, Martinez Dear Mr. Finch, We appreciate very much your helpful reply to our request for information, the thorough and thoughtful responses in your letter, and your getting it to us with sufficient time to review it before the Board of Supervisors hearing. The information that you provided verified our belief that the charge which the County had asked us to pay was much too high, as we will point out, and you may want to review this letter before we go before our hearing before the Board of Supervisors. After reviewing all of the information you sent, we found many errors, inconsistencies and discrepancies. We will point them out, and then suggest two possible ways to proceed: Minimum Corrections Needed: 1. Subtract all ( $702 we believe) of charges for a section of sidewalk not done by Beceera, but repaired several months previously 2. Subtract $100 of concrete costs 3. Subtract $150 of equipment costs 4. Subtract$1,136 of labor cost. 5. Subtract $369 of "for Becerra Concrete" 6. Subtract $155 of the cost.of labor for blacktop. 7. Subtract $135 of the cost of cartage for blacktop 8. Subtract$60 of 'for Becerra"for blacktop 9. Subtract $1,250 (less amount already subtracted in #6 ($155), #7 ($135) & 8 ($60) above ($1,250 - $155 - $135 - $60 = $900)for the cost of 25 sq.ft. of blacktop removal and replacement that was not curb or sidewalk, but a part of the street and the County's responsibility. Total subtractions = $3,707 1 i Here are the details"of the problems which we noted which lead to these corrections. 1. Problem: charged us for concrete repair not completed by Becerra,but done by the Water District several months earlier. Section 2 shown on the aerial photograph and listed on your spreadsheet of 2-13-07 was not repaired by Becerra Concrete,but was dug up and replaced after a water main broke, months earlier. The 44 square feet indicated in your spreadsheet for section 2 is 12.43% of the 354 total square feet of concrete work indicated on your spreadsheet. We would therefore not agree to pay 12.43% of the 354. (Based on your totals shown at the end of#5 this would be 12.43% of$5,651 = $702.42) Solution: subtract $702 from cost of repairs 2. Problem: discrepancy in cost of concrete There is a discrepancy in the amounts the contractor asserted he paid for concrete. In his fax of 6-21-06,Becerra states the cost was $700 for our property. In his fax of 2-6-07 he gives the cost as $800.00. You provide no documentation showing what he actually paid for concrete or how much he used on our property, stating "Load slips provided to us by the contractor only list the quantity of material purchased by the contractor. They do not show an address where the material was used or the price the contractor paid for the material." Therefore we too have no information on where the concrete on the load slips was used. We therefore are not willing to pay the higher amount without more supporting data. We cannot even validate the lower amount. Solution: subtract $100 of concrete costs 3. Problem: discrepancy in cost of equipment There is a discrepancy in the amounts the contractor asserted he paid for equipment. In his fax of 6-21-06 Becerra states that equipment cost was $600 for our property. In his fax of 2-6-07 Becerra gives the cost of 4 pieces of equipment used as a total of $750 (adding together $275, $250, $125, and $100). These "round numbers" suggest that the contractor just approximated the cost of equipment used at our property. Again you provide no documentation showing what he actually paid for equipment for all the properties. We therefore are not willing to pay the higher amount without.supporting data, as supporting data even for the lower amount is reasonable to request. Solution: subtract $150 of equipment costs 4. Problem: discrepancy in cost of labor and lack of support for the amount of labor costs In his fax of 6-21-06 Becerra states that labor for our property was $3,024, however, in his fax of 2-6-07 he states it was $4,160. You did not provide detailed information from the contractor (as we requested) as to the names and positions of the individuals he hired to 2 work on our articular property, the requested information about theirs specific rates of pay, P P P Y� q P P Y or the specific dates worked and the hours they worked on our property. Without detailed backup data such as time logs, payroll sheets showing employees' names, and property address assignments, we have no way of knowing if the contractor's figures are applied to the correct property or are just averages or guesses. When asked for his labor rates, apparently the contractor only provided a rate of pay for laborers and finishers whom we must have assumed were in his employ on that day and worked on our property. He states that a daily crew usually consists of 2 laborers and 2 finishers, but we cannot imagine him utilizing two finishers on our property at the beginning of the job, as they would not work during the demolition phase. Butwhen did they start and when did they finish? They have to keep track of the work hours and assignments in order to make legitimate pay checks. On the 2-6-07 fax he states that the total of the hours spent on our job was 32 hours, but he doesn't break it down into day and time and how many laborer hours and how many finisher hours. As it is, 32 hours for $4,160, would compute to a rate of 130 per hour. On that same fax for blacktop he again shows a $130 per hour labor rate (3.5 hours for $455). The lack of detail seems to indicate that he is just giving a ballpark guess rather than the specific labor cost which was derived from actual work done on our property based on time card/payroll and job assignment records. We therefore are not sure we are willing to pay even his lower figure of$3,,024 instead of the higher figure of$4,160, which we are definitely unwilling to pay, and we even question the validity of that lower figure without specific data. ($4,160 - $3,024 = $1,136) Minimum solution: subtract at least $1136 of labor costs 5. Problem: unclear charge"for Becerra Concrete" 0 In the fax of 2-6-07, the amount "for Becerra Concrete" is specified at $1,556 (just for our property), which is 26.6% of the total of$5,850 (for concrete, equipment, labor, and disposal fee). We assume $1,556 is profit and overhead, but is that a correct assumption? However, the $5,850 is not correct. It needs to be reduced as specified in numbers #2, 3, and 4 above, $100 of concrete costs, $150 of equipment costs, and $1136 of labor costs, totals to $1386 which must be subtracted from the above total of$5,850, bringing it to $4,464 ($5,850 minus $1386 = $4,464). Using the same percentage (26.6%) that was previously used gives us $1187 as a corrected figure for profit and overhead. We are only willing to pay this lower figure of$1,187 instead of the higher figure of $1,556 which is based on the wrong total. ($1,556 - $1,184 =-$369) Solution:. subtract $369 of 'for Becerra Concrete" charge. Total subtracted in #2 ,3, 4, and 5 above = $1,755. The revised amount deemed as acceptable for.us to pay for total of the work is $5,651 for 354 square feet as shown in your spreadsheet of 2-13-07. ($7,406 original bill minus $1,755 in subtractions = $5,651) 3 6. Problem: discrepancy in cost of labor for.blacktop On his fax of 6-21-06 Becerra lists labor for blacktop as $300. On his fax of 2-6-07 he lists labor as $455. We are not willing to pay the higher amount without the supporting data that can be verified about who provided the Ilabor for blacktop, for what specific dates and hours, and at what rate (with backup data such as time logs, payroll back-up sheets showing employees names, and property address job assignments). Solution: subtract $155 of the cost of labor for blacktop 7. Problem: cartage charge added in twice On his fax of 2-6-07 Becerra double bills for the cartage fee of$135, including it twice. (In the bottom section on the second line under blacktop the $135 is listed as cost of cartage; then when he breaks down the $290 charged for removing blacktop he again includes the $135 for cartage; and then adds in both $135 figures when computing the total. We are only willing to pay one of the $135 charges for cartage. Solution: subtract $135 of the cartage charge 8. Problem: inflated and/or unclear charge On the fax of 6-21-06 no "for Becerra" charge is included. On the fax of 2-6-07, the bottom of the page is cut off, but as best we can tell it is a profit and overhead charge for Becerra of$310. However this would be a rate of 32.97% - exorbitant in our opinion. Since we used the figure of 26.6% previously, we would not be willing to pay more than 26.6% of$940, which is $250 unless adequate documentation about this charge is provided. Solution: subtract $60 of 'for Becerra" charge for blacktop 9. Problem: County's street repair responsibility incorrectly assigned to homeowner We have repeatedly read the CA Streets and Highway code sections you sent to us, especially S&H 5610 and the Public Works Department's information especially "Sidewalk Repair Tips" under "Why is this my responsibility?" and are convinced that the state law you sent to us does not require a homeowners in Martinez to repair the street,just the sidewalk and curb. Therefore, we do not feel the charge for the demolition and repair of the asphalt beyond the curb is legitimately ours, and we do not wish to pay it unless you can point out the legal basis for it. Solution: subtract $1,250 for asphalt, and delete item #6, 7, and 8 (or subtract $900 and leave in items #6, 7, and 8) 4 Suggested Options for Proceeding a) You can remove our property from the Board of Supervisors' agenda on 2-27-07 - table the action before the board on this particular property until you or your staff can adequately research all the documents and statements from the contractor to resolve the errors, inconsistencies, and discrepancies and come back to us with a figure which accurately represents what we owe, is properly supported, and at that time make available to us the actual support required of contractor invoices, receipts, and copies of the computations to back-up the figures. It would probably not need another Board of Supervisors appearance, as we are assuming that you will get the same answers as we do, or, if different, highly credible answers. : b) Alternately, after reviewing our revisions (and the basis for them) in which we subtract amounts to adjust for the errors and discrepancies which we found, you could revise your invoice to us accordingly to $5,145.48. We would be willing to pay in full this corrected bill, which results from subtracting a total of$3,707 from the $8,852.48 which you originally billed, Should you decide to accept our offer to pay the corrected total now, let us know by fax of the total you will accept as payment in full, and we will come in to pay the corrected invoice before the Board of Supervisors hearing or provide a credit card over the phone, and you may take our names from the list. Should you wish instead to provide us with a revised amount at a later date after researching the problems we have noted, and to take us off the list for the Board in the interim, let us know something in writing so we can plan whether or not to go to the Board meeting tomorrow. We would in that case wait for you to conclude your research and send a revised invoice to us before paying. In that case would you please remember to provide us with copies of all the receipts, invoices, wage stubs, other back up data, and computations which you use so that we can make sure that all our concerns have been resolved. Looking forward to your reply and directions. 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What happed and why is the Contra Costa Water District responsible? (Please at-fach separate sheet if necessary). r- sa b V) ,s 5.,�gName and position of ress{p—onsible Distr(ict employee(s), if kinown. v t n w Vvo 6. What damage or injury occurred? (Please attach separate sheet if necessary). d f L,C I 2v`.c� CLt O V n d ' C `. s; b z e e c-e 7. Claim amount (only if less than$10,000): $ 500 e �c C e,�ca �,l-� e.f �t s�c�cyT �b do S,ae•�a1 If the amount exceeds$10,000, please check the court of appropriate jurisdiction: _Municipal Court (claims up to$25,000) _ Superior Court (claims over $25,000) 8. How did you arrive at the amount claimed? Please attach done-nentation. 9. 1 declare under penalty of perjury under the laws of the State of Calilomia that the following information is true and correct, and that this declarationwas execu ed,on�- �-o Y'C at CA. SIGNATURE: 10. Official Notices and Correspondence'of represented by,an insurance company or an attorney, please Provide the information requested below.)- Name and Capacity: (Please Print) Address: City/Slale/Zip: (�a�°time TeleF hone � —1-- ----�_...----- E-.\innr� Tc•It>phone (----..._.l- -------- Please return this claim form it) Conita Co<l.a Waler Dslnct 1331 Concord Avenue. Croxord. CA 9.15^t,1. Attenlion Rj4 Managemeni Office WARNING 11 15 ,E CRJt\1E IN c_ALIFORNIA TO FILE A F:NLSF C LAI'tt 4 CONTRA COSTA, WATER DISTRICT a� 1331 Concord Avenue P.O.Box H2O Concord,CA 94524 (925)688-8000 FAX(925)688-8122 July 14, 2005 Directors -Joseph L.Campbell William Snipes & Marcia Downie President P. 0, BOX 201.55 Elizabeth R Aiello- Oakland, CA.94620 'Vice President, Bette Boatmun RE:. Claim No. 05/06-001 John A.Burgh Kari L:Wandry Deal' idlr. Snipes: Walter J. Bishop General Manager The District;is in receipt of your second claim form. The fence estimate seem's higher than expected. Please obtain two other bids for repair and submit then-h to me for consideration. I will review them immediately upon receipt. The sidewalk,will be.repaired shortly. If there are any concerns, please let`me know: . The initial claim settlement offer will follow under separate cover. I can 'be ,reached4t (925) 688-8126, should you have any questions. Sincerely, Tr', a Bf it a1n Risk"Manager � 1 SIDEWALK REPAIR TIPS The following information is intended to answer some of the most often asked questions about sidewalk repair. The information provided is general in nature and may not apply to all situations. If you need clarification'{or more specific information, please call John Capozzo at (925) 313-7003. Why is this my responsibility? 4 You live in an unincorporated area of Contra Costa County (the County) and the County has the responsibility to insure that improvements within the road right of way are properly maintained. The County's maintenance responsibility is limited only to the road. Unlike some cities, the County has never accepted responsibility for maintaining sidewalks along County roads. Chapter 22 of the California Streets and Highways Code provides for the maintenance and repair of "sidewalk" improvements installed within the public road right of way by the property owner of a given frontage section. While the County has no responsibility to repair sidewalks, when a tripping hazard is reported, the County is required to see that it is repaired correctly or the County may be held liable along with the property owner for any injury arising from that hazard. ii Can I iust remove the sidewalk? In short, the answer is.no. Once a pedestrian facility is constructed, it becomes part of the public right of way and cannot be removed, blocked, changed, or even repaired without an encroachment permit and permisslon from the County. i; Do I have to apply for a permit? 4s noted above, any work in the road right of way requires a permit and must be done in accordance with applicable construction codes and standards. This ensures that no substandard work is done on a facility that nay cause problems later. i How much is the permit fee? rhe County,Board of Supervisors sets permit fees. The fee for this permit is $135: The permit fee pays for two tems: $35.00 pays for the cost of the permit and $100.00 pays for inspection of the work. The inspector' isually makes two trips to the site. First to inspect the base and forms that the new concrete is poured into; ind second to inspect the.finished job to check for matching grade and finish, as well as errors made in the your. Remember, when replacing curb and gutter, you and your contractor are responsible for setting an adequate slope for drainage. Who can do this work? l /e highly recommend that you hire a licensed concrete contractor. You may hire an individual worker or do ie work yourself, but make sure whoever does-the job is skilled in this work. Remember, if the work does not feet code requirements, it will have to be done again. CHAPTER 22. MAII*:NANCE OF SIDEWALKS STREETS AND HIGHWAYS CODE SECTION 5600-5602 5600. As used in this chapter "sidewalk" includes a park or parking strip maintained in the area between the property line and the street line and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or of any such park or parking strip. 5601. This chapter shall only apply to maintenance and repair proceedings, whether upon work originally done under this division or otherwise, and shall not be used for the construction of new improvements. The "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" shall not apply to proceedings taken under this chapter. 5602. This chapter constitutes a separate and alternate procedure for performing the work specified herein and, except for the provisions of Part 5 of this division, no other provisions of this division shall apply to proceedings instituted hereunder. STREETS AND HIGHWAYS CODE SECTION 5610-5618 5610. The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like 'duty in relation thereto. 5611. When any portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk, the superintendent of streets shall notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair, to repair the sidewalk. 5612. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same,appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. �tt 1 5613. The postal c shall contain a notice to rep911, the sidewalk so out of repair, a the superintendent of streets immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked "Second Notice, " to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article, but shall not extend the time for commencing repairs specified in Section 5614. 5614. The notice shall particularly specify what work. is required to be done, and how it is to be done, and what materials shall be used in the repair and shall further specify that if the repair is not commenced within two weeks after notice is given and diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair, and the cost of the same shall be a lien on the property. 5614.1. The legislative body may adopt a resolution determining that bonds shall be issued and assessments collected and enforced pursuant to Part 5 of this division. In such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually. 5615. If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held and assessment and collection procedures are conducted. 5616.. Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the 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. If bonds are to be issued, the notice shall also contain the information required by Section 5614.1. 5617. Upon the co tion of the repair, the super�ndent of streets shall prepa0and file with the legislative*y a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of .property, whether contiguous to each other or not. 5618. Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body 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 legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. STREETS AND HIGHWAYS CODE SECTION 5625-5630 5625. The cost of the repair may be assessed by the legislative body against the parcel of property fronting upon the sidewalk upon which such repair was made, and such cost so assessed, if not paid within five days after its confirmation by the legislative body, shall constitute a special assessment against that parcel of 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. 5626. The superintendent of streets may file in the office of the county recorder of the county in which the parcel of 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, I did, on the day of , 19 cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls, or other works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, and the legislative body of said city (county, or city and county) did, on the day of 19—, by Resolution No. assess the cost of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county) , 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 rate of _ percent per annum, from the said day of , 19_ (insert 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 (name of city, or city and county) the county of State of and particularly described as follows: (Description of property) Dated this Oay of 19_ • Superintendent of streets 5627. From and after the date of the 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 this division. 5628. As an alternative method of collection of the amount of the lien, the legislative body, after confirmation of the report of the superintendent of streets, may order the notice of lien to be turned over to the assessor and the tax collector of the city, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. If city taxes are collected by the county officials, the notice of lien shall be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization. 5628.1. The legislative body shall have the power, in its discretion, to determine that the payment of assessments of one hundred dollars ($100) or more may be made in annual installments, not to exceed five, and that the payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the legislative body, not to exceed the rate permitted for bonds by Section 53531 of the Government Code. Interest shall begin to run on the 31st day after the confirmation of the assessments by the legislative body. Determinations of the legislative body shall be expressed by resolution at any time prior to the confirmation of the assessments. 5629. Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes and county taxes are hereby made applicable to such special assessment taxes. 5629.1. If bonds are to be issued to represent the security of the unpaid assessments, upon confirmation of the report by the legislative body the superintendent of streets shall give notice to pay by mail and by publication substantially in the manner provided by Sections 4320 and 4321 of this code. The period for payment in cash stated therein shall be 30 days following the date of confirmation of the report. Upon completion of the cash payment period, the superintendent of streets shall file with the county recorder a certificate substantially. in the form set out in Section 5626, giving notice therein that interest is payable at a rate to be fixed upon the sale of bonds, which rate shall not exceed the rate permitted for bonds by Section 53531 of the Government Code, and shall begin to run �Mhe 31st day after the confirmn of the report. Thereafter `We provisions of Part 5 (commenWa with Section 6400) shall be applicable and payments on assessments at bond shall be made as therein provided. The bonds may be issued and sold as the legislative body directs and may be dated at any time after the expiration of the cash payment period. 5630. Whenever the property fronting on a sidewalk required to be maintained and repaired pursuant to the provisions of this chapter lies within one city or unincorporated territory of a county, and the sidewalk required to be so maintained and repaired lies within another city or unincorporated territory of a county, the superintendent of streets of the city or county having jurisdiction over the sidewalk shall have full authority to serve notices to repair and do all work contemplated by Articles 2 and 3 of this chapter, notwithstanding the fact that the property fronting on the sidewalk lies within another city or unincorporated territory of a county. The legislative body of the city or county within which the sidewalk has been repaired pursuant to the provisions of this chapter shall have jurisdiction to levy an assessment to pay the cost of any such sidewalk repairs against the parcel of property fronting on said sidewalk, notwithstanding the fact that said property lies within another city or unincorporated territory of a county and said assessment shall be a lien on said property for the amount thereof until the assessment and all interest thereon is paid or until it is discharged of record. The provisions of Sections 5628 and 5629 of this code shall be applicable to the collection and enforcement of all liens levied pursuant to the provisions of this section and the amount so collected shall be paid to the treasurer of the city or county as the case may be which conducted the proceedings. STREETS AND HIGHWAYS CODE SECTION 5660-5661 5660. No action, suit, or proceeding to set aside, cancel, avoid, annul or correct any assessment or reassessment, or to review any of the proceedings, acts, or determinations therein, or to question the validity of, or to enjoin the collection of the assessments or reassessments, or to enjoin the issuance of bonds to represent the same, shall be maintained by any person unless such action is commenced within 30 days after the recording of the warrant, diagram and assessment or reassessment, and thereafter all persons shall be barred from any such action or any defense of invalidity of the assessment or of bonds issued thereon or of the reassessment if such is made and of bonds issued thereon. 5661. No proceedings taken or had under this division shall ever be held to be invalid on the ground that the street, right-of-way, public property or any portion thereof, upon which the work or any part thereof is or was done has not been lawfully dedicated or acquired; provided, the same is lawfully dedicated or acquired, or an order for possession prior to judgment has been obtained. Lquency_ High Risk x ^' High Frequency x Low Risk_ I MAINTENANCE OF SIDEWALKS, I CURBS AND GUTTERS } i Intent: This policy acknowledges the responsibility of private property owners to maintain sidewalks, curbs and gutters in a non-hazardous condition, within the public road right of way fronting their property and the responsibility of the County to assure that adequate maintenance is performed. Policy: i In accordance with California Streets and Highways (S&H) Code, Section 5610, the property owner fronting a public street is responsible for maintaining sidewalks in the park or parking strip in a condition that does not endanger persons or property or interfere with public convenience. The park or parking strip is the area between the streetline (edge of the traveled way)and the road right of way line.The edge of the traveled way is the face of the curb or, on uncurbed streets, the edge of road paving. In those cases where curbs and gutters are constructed monolithically, the I property owner is also responsible for repair of the curb and gutter. Sidewalks, curbs and gutters will be inspected by Maintenance staff at least every three years for faulting, displacement, deterioration, breakage or other damage that constitute hazards to the public. Vertical separations 1/2 inch or greater in sidewalks, curbs, or gutters will be considered cause for abatement as hazards. Identified hazards will be documented and prioritized for abatement based on their relative degree of hazard. Maintenance crews will make temporary repairs of vertical separations that exceed two(2) inches. Where hazards exist, Maintenance office staff will notify the responsible property owner(s) by certified mail with a request that they replace hazardous sidewalks, curbs and/or gutters within fourteen (14) calendar days of receipt of the notice. If replacement work is not undertaken and pursued with diligence within fourteen calendar days of the initial notice, then the formal hazard I abatement .process described in S&H Code Sections 5611 to 5630 will be used to affect the needed repairs. Abatement actions will be undertaken in accordance with established priorities and to the extent that funding and other resources are available. In general, all the owners of hazardous sidewalk, curb and gutter in a neighborhood, i.e. a city block or other reasonable road section or area, should be notified of the need for repairs at the same time. Maintenance staff will encourage the owners of hazardous sidewalks, curbs and gutters to secure an encroachment permit and contract for repair work as a group to benefit from i economies of scale. I ' I Approved for inclusion in the Public Works policy manual. (S�ned by Maurice M. Shiu) (June 30. 2004) Public Works Director Date Cross References: Board Orders&Resolutions: Maintenance Division 1 Sidewalks, Curbs and Gutters (Maintenance of) Ordinances&AdministraVe Bulletins: Strategic Plan: Accreditation Management Practices: 24.20 Curbs and Gutters Policy reviewed and approved for continued use: ; Reviewed by Date Reviewed by Date i 1 i l 1 I i G:\GrpData\Admin\Policies-New Format Approved\Sidewalks,Curbs and Gutters(Maintenance of).doc dl:Rev.6/04 Maintenance Division 2 Sidewalks, Curbs and Gutters (Maintenance of) I