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Ord 1996-003
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Ord 1996-003
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8/31/2010 3:07:29 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
3/4/1996
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ARTICLE 1. GENERAL <br /> Section 2 -12 -100: PURPOSE AND INTENT. The purpose and intent of this Article is <br /> to establish a method whereby the cost of all improvements, renovations and repairs to public <br /> and privately owned property as may be necessary to comply with the provisions of Article IIA <br /> of Title VII, Chapter 5 of the San Leandro Municipal Code Relating to Unreinforced Masonry <br /> Wall Buildings may be assessed to property which is receiving special benefit therefrom. <br /> Section 2 -12 -105. COMPLIANCE WITH ARTICLE. Any proceedings taken or <br /> assessment levied pursuant to this Article shall not be held invalid for failure to comply with <br /> the provisions of this Article, provided such failure is not a constitutional defect. <br /> Section 2 -12 -110. NECESSARY OR CONVENIENT PROCEDURES AUTHORIZED. <br /> Any procedure not expressly set forth in this Article but deemed necessary or convenient to <br /> carry out any of its purposes is authorized. <br /> Section 2 -12 -115. NONEXCLUSIVENESS OF REMEDIES. The remedies provided in <br /> this Article for enforcement of any assessment levied pursuant to this Article are not exclusive, <br /> and additional remedies may be provided at arty time. <br /> Section 2 -12 -120. ABANDONMENT OF PROCEEDINGS. Proceedings under this <br /> Article may be abandoned at any time prior to the confirmation of the assessments. <br /> Section 2 -12 -125. EFFECT UPON OTHER LAW. This Article does not affect other law... <br /> relating to the same or any similar subject, but provides an alternative authority and procedure <br /> for the subject to which it relates. When proceeding under this Article, its provisions only need <br /> be followed. <br /> Section 2 -12 -130. CONSTRUCTION. This Article is to be liberally construed. <br /> Section 2 -12 -135. INCORPORATION OF THE MUNICIPAL IMPROVEMENT ACT <br /> OF 1913. The Municipal Improvement Act of 1913 (Division 12 of the California Streets and <br /> Highways Code), as amended from time to time, is incorporated in and made a part of this <br /> Article. Except as otherwise provided by this Article, the mode and manner for making <br /> improvements and for levying and collecting assessments shall be as prescribed in the Municipal <br /> Improvement Act of 1913. <br /> Section 2 -12 -140. COMPLIANCE WITH THE UNREINFORCED MASONRY WALLS <br /> ORDINANCE. Whenever the public interest or convenience requires, the City may use the <br /> powers of this Article to pay, or make funds available to enable the owners of lots or parcels of <br /> real property within the district to pay, for all work deemed necessary by the City to bring real <br /> property or buildings, including privately owned real property or buildings, into compliance <br /> with Article IIA relating to unreinforced masonry wall buildings. Any financing for such work <br /> on a residential structure containing units rented by households specified in Section 50079.5 of <br /> the Health and Safety Code shall be subject to a regulatory agreement that will ensure that the <br /> number of those units in the structure will not be reduced and will remain available at <br /> affordable rents pursuant to Section 50053 of the Health and Safety Code as long as any <br /> assessments levied pursuant to this section on the parcel on which the structure is located <br /> remain unpaid. No lot, parcel, or building shall be included in the district without the owner's <br /> consent. <br /> The City Council hereby declares that the use of public funds pursuant to this section for <br /> compliance with Article IIA constitutes a public purpose resulting in a public benefit. The use of <br /> funds pursuant to this section shall not be construed to be gifts of public funds in violation of <br /> -2- <br />
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