HomeMy WebLinkAbout2013/11/19 Item 07 SECOND REA��NG AN� A��Pj��N
OR�R�.�'CE
ORDI�'A�'CE OF THE CITl' COU�CIL OF THE CITY
OF CHUL.q �jIST.a .��g��I�G CHliLA vISTA
�4U17CIPAL CODE SECTIO� 12.2�.130 REL.4TI\G
TO THE [�ST.qLL.ATIO\� OF PUBLIC
L��ROVE?���TS-DEFERR�.L OFREQUIRE\�ENTS
W7-IERE.4S; Council last re��ised Chapter 12?4 of the �4unicipal Code on
Februar�� 14; 2012, throueh the second readina of Ordinance \o. 3223; and
�V�HEREAS: on \'ovember �. 2013: Council is considerins a resolution to re��ise
Council Polic�� �0�-Oi: Formation of Assessment Districu �tith Citv Participation for
Consuuction of Infil] Street Improvements. This re�ision is necessar��due to chariees in
a�ailable financino. The administration of deferrals is an imponant-consideration in the
formation of assessment districts: and
iI��REAS; certain minor chanees need to be made to the deferral process in
order to improve the assessment district implementation and administration process. .A
minor change needs to be made to �9unicipal Code Section 12.24.130 in order to
maintain consistenc�° ���th Counci! Polic�� �0�-01.
\'0��%. THEREFORE. the Cirv Council of the Cin� of Chula Vista does h:rebv
ordain as follo���s:
SECTIO�� I. CHliLA VISTA �9UIICIPAL CODE
That Chula Vista 14unicipal Code Section 12.2�.130 shall be amended to.read as follo«�s:
12.24.130 Installation of public impro��ements— Deferral of requirements.
A. In the e�ent that the installation of all or an}° of the impro�ements required b}� C\%�4C
12.2�.040 ���ouid; if presently installed, crzate a hazardous or defecti<<e condition or be
impractical, or if said installation of an�� or all of said improrements ���ould be
incompatible ��Rth the present de��elopment of the neighborhood or be impractical or
premature becausz of the e�istina condition of the surroundin� propem�, or that it ���ould
be desirable to install said improvements as a part of the o�erall plan for the de��elopment
of public unpro�ements in a cenain area; the propem o�tiner or his a�ent ma�• appl�� to
[he Ciq� En�ineer for a deferral of the requirements of ttus chapter, statin� the ?rounds
and reasons therefor.
B. If che Cin� Eneineer; at his discre[ion, feels that such grounds or e�ceptions are
reasonable and that the requested deferral should be eran[ed; the City Engineer ma�� defer
imposition of the requirements of this chapter on such applicant; subjec[ to the conditions
set fonh herein.
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Ordinance\'o. 326�
Paee 2
1. The applicant shal] eaecute a deferral agreement through ti�hich the applicant
ackno���led�es his obli�ation to instal] the improvements at such time as requested
by the City En=ineer and aQrees not to protest the formation of an assessment
district or similar mechanism intended to finance the improvements.
2. The applicant for a deferral of such irnpro��ements shall pay a fee as presentiv
designated, or as may be in the future amended, in the master fee schedule to cover
im�estigation and processing of such requests.
3. The applicant o��ner shall pro��ide the City ��.�ith security equal to the estimated
cost of the impro��emenu; as appro��ed by the City Engineer, plus 10 percent of
such cost. 71�e security shall be in the form of a cash deposit, a lien on the subject
parcel, or other form individually approved by the City..
a. A lien shall also pro��ide for reasonable attomey fees and costs in the event
that it becomes necessary for the City to foreclose upon such lien.
b. 7'he deferral a�reement required in subsection (B)(1) of this section shall
stipulate that should said lien be extin2uished by foreclosure of prior liens or
other�i�ise; the impro��ements may be installed or provided by the City and the
cost thereof becomes a lien against said property.
c. The denial of a request for a deferral of public improvements may be
appealed to the City Council in the same manner as provided for appeal of
requests for �i�aiver of public improvements, as set forth in CVMC 12.24.1 ]0.
(Ord. 3223 § l, ?012}.
SECTION II. EFECTIVE DATE
This Ordinance shall tal:e effect and be in full force on the thirtieth day from and afrer its
final adoption.
SECTIOi�' ]l1. PUBLICATION
The City Clerk shall cenify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted acording to la���.
Presented by Approved as to form by
!� � �
Richazd A. Hopkins Glen R. Googins � �Gtt�Cil�,e/1
Director of Public �Vorks City Attomey
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