Alameda Municipal Code § 26-15 Curation

All objections not made within the time and manner herein provided are waived.

(Ord. No. 941 N.S.)

All decisions and determinations of the Council, upon notice and hearing, shall be final and conclusive upon all persons entitled to appeal, as to all errors, informalities, omissions and irregularities which might have been avoided, or which might have been remedied during the progress of the proceedings or which can be remedied, and as to illegalities not amounting to a want of due process of law.

(Ord. No. 941 N.S.)

The notice to pay assessments under the Street Opening Act of 1903 or Municipal Improvement Act of 1913, and a notice of confirming assessment or reassessment under any other procedure herein, shall have like curative effect as the notice of award under the Improvement Act of 1911.

(Ord. No. 941 N.S.)

This chapter shall be liberally construed in order to effectuate its purpose. No error, irregularity, informality, omission or illegality, and no neglect or omission of any officer, in any procedure taken hereunder, which does not directly affect the jurisdiction of the legislative body to order the work or improvement, shall avoid or invalidate such proceeding or any assessment for the cost of any work, or acquisition hereunder. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the Council in accordance with the provisions hereof.

(Ord. No. 941 N.S.)

No assessment, reassessment, supplemental assessment, warrant, diagram or bond, or any of their levy or issuance, and no proceedings for same, shall be held invalid by any Court for any error, informality, omission, irregularity, illegality or other defect in the same, where the resolution of intention or notice of improvement have been actually published as herein provided.

(Ord. No. 941 N.S.)

No proceedings shall be held to be invalid upon the ground that the property upon which the work or improvement or part thereof is to be or was done, had not been lawfully dedicated or acquired, provided the same shall have been lawfully dedicated or acquired or an order for immediate possession and use thereof shall have been obtained at any time before judgment is entered in any legal action.

(Ord. No. 941 N.S.)

No action, suit or proceedings to set aside, cancel, void, annul or correct any assessment or reassessment, or to review any of the proceedings, acts or determinations in any proceedings, or to question the validity or to enjoin the collection of any assessments or reassessments shall be maintained by any person unless such action, suit or proceedings shall have been commenced within thirty (30) days after the acquisition or improvement had been ordered or the assessment or reassessment shall have been confirmed.

(Ord. No. 941 N.S.)

Where such proceedings are for an ad valorem levy the period shall be thirty (30) days after the ordering of the levy with reference to the levy, and thirty (30) days after ordering the issuance of the bonds with reference to their issuance. If such action or suit is not brought within the time herein specified, all persons shall be barred from any such action.

(Ord. No. 941 N.S.)

Where such time has expired no defense of the same nature shall be raised by such person in any action to establish validity or enforce any remedy.

(Ord. No. 941 N.S.)

The City Council, at any time after the adoption of the resolution of intention, the proposed contractor, at any time after the award of the contract to him, or the proposed purchaser of the warrant or any bonds to be issued, at any time after the assignment of the warrant or award of the bonds to him/her, may bring an action in the Superior Court of the State of California in and for the County in which it is situated, to determine the validity of any such proceedings and of such proposed contract, or of the assessment or tax levied or to be levied, or of said bonds issued or to be issued.

(Ord. No. 941 N.S.)

The validation procedure of the Improvement Act of 1911 shall apply.

(Ord. No. 941 N.S.)

a. If in the opinion of the Council, any assessment heretofore or hereafter issued is void, or unenforceable, for any cause, or if bonds are issued to represent or be secured by any assessments and such issuance is not effective through the curative provisions applicable thereto to make them valid and enforceable, or if the previous assessment or bonds are insufficient to pay the cost or estimated cost of the project, or if the Council shall determine that the public interest will be served thereby, a reassessment may be had.

b. The reassessment shall be made upon the demand of the owner or holder of bonds aggregating one-third (⅓) of the principal amount outstanding, or upon order of the legislative body, and shall be made in the manner and form provided by the Improvement Act of 1911 and Improvement Bond Act of 1915.

c. Validity. No step in any proceeding shall be invalidated or affected by any error or mistake or departure from the provisions of this chapter as to the officer or person posting or publishing or mailing, or procuring the publication or posting or mailing, of any notice, resolution, order or other matter when such notice is actually given for the time required.

(Ord. No. 941 N.S.; Ord. No. 1221 N.S.)