Los Angeles Municipal Code Art. 1 Street Construction and Assessment Procedures

Section 6.17 General Provisions. 6.18 Definitions. 6.19 District and Work Need Not Be Contiguous. 6.20 Labor and Materials. 6.21 Ordinance of Intention Publication – Hearing. 6.22 Proposed Assessment and Diagram – Approval – Filing. 6.23 Public Property – Exemption from Assessment. 6.24 Postal Card Notices – Affidavit. 6.25 Posting Notices of Local Improvement – Contents – Affidavit. 6.26 Protests – Hearing. 6.27 Jurisdiction – Final Ordinance. 6.28 Changes of Work Boundaries of Assessment District or Proceedings. 6.29 Board May Perform Work – Costs. 6.30 Contracts. 6.31 Payment to Contractor. 6.32 Diagram and Assessment Roll – Limitation – Filing. 6.33 Notice of Filing Assessment – Publication – Mailing – Date of Hearing. 6.34 Hearing Appeals – Confirmation of Assessment. 6.35 Contribution of Funds by City. 6.36 Authority for Installment Payment of Assessments. 6.37 Legal Action to Contest Assessment. 6.38 Assessments Levied – Recordation – Lien. 6.39 Notice of Recording Assessment – Published. 6.40 Mailing of Notice. 6.41 Cash Assessments – Payment – Delinquency – Penalties. 6.42 Installment Assessments – Amounts to Be Paid Maturity Date. 6.43 Delinquency Dates – Penalties. 6.44 Declaration of Default Prior to Maturity Date. 6.45 Mailing Annual Installment Bills. 6.46 Authority to Divide Levied Assessment. 6.47 Payments by Mail. 6.48 Delinquent List: Notice of Sale. 6.49 Combining of Notices of Sale. 6.50 Payment of Delinquency Before Sale. 6.51 Sale of Delinquent Property – Funds. 6.52 Certificate of Sale. 6.53 Redemption of Sold Property. 6.54 Deed to Unredeemed Property. 6.55 Notice of Application for Deed. 6.56 Evidentiary Effect of Deed. 6.57 Affidavit of Notice. 6.58 Publication – Proof of. 6.59 Description of Work by Reference. 6.60 Construction of Article. 6.61 Reassessment.

6.62 Council Intent of Ordinance.

The Council, in conformity with the procedure in this article prescribed, is hereby authorized and empowered whenever in its opinion the public interest or convenience may require, to order the whole or any portion or portions, either in length or width, of any one or more of any public streets, alleys, or other public places to be improved by, or have constructed, installed or reset therein, grading, surfacing or resurfacing, removal and replacement of subgrade materials, concrete curbs, gutters and sidewalks, driveways, guard rails and warning, stop or street signs, and such drainage, underground or other structures and appurtenant work as are necessary or suitable in connection with such street improvements.

All work or improvements ordered to be made under provisions of this article, and all materials used, shall conform to the Standard Specifications of the City of Los Angeles for Public Improvements and be in accordance with the plans, profiles and specifications referred to in the Ordinance of Intention.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 110,450.

Unless the particular provisions or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction and the meaning and application of words and phrases used in this article.

1. “Council” means the Council of the City of Los Angeles.

2. “Clerk” and “City Clerk” mean the City Clerk of the City of Los Angeles, ex officio clerk of the Council of the City of Los
Angeles.

3. “Board” and “Board of Public Works” mean the Board of Public Works of the City of Los Angeles.

4. “Street” includes avenues, highways, lanes, alleys, crossings of intersections, courts and places which have been dedicated and
accepted according to law, or which have been in common and undisputed use by the public for a period of not less than five years
next preceding

5. “Public Places,” for the purpose of performing work or improvement, shall include all places, public ways, or property, or rights
of way owned by the City, open or dedicated to public use, and any property for the immediate possession of which, as rights of way
required for public use, an order has been obtained in compliance with the provisions of Section 14 of Article 1 of the State
Constitution.

6. “Work” and “Improvement” shall be understood to mean all the work or improvement set forth in the Ordinance of Intention.

7. “Incidental Expenses,” in connection with work of improvements hereunder, includes all items of compensation, cost and
expense specified in Section 5024 of the Streets and Highways Code for the Improvement Act of 1911; and the said Section 5024, as
amended or as the same may hereafter be amended, is hereby referred to, incorporated herein and made a part hereof the same as
though set forth herein, and is made and to be understood as applicable hereto.

8. “Cash Assessment” means any assessment, other than an installment assessment, levied hereunder against a lot or parcel of land
within the Assessment District.

9. “Installment Assessment” means any assessment levied hereunder against any lot or parcel of land within the Assessment
District the amount of which assessment is $50 or more and the payment of which in installments is authorized by the Council as
provided in this article.

SECTION HISTORY

Based on Ord. No. 85,500.
Amended by: Ords. Nos. 103,550 and 108,857.

The Council may include in one proceeding such work or improvement on any number of public streets, alleys, or other public places, or

any portion or portions thereof, whether contiguous or directly connected or otherwise, and may except therefrom any portion or portions thereof already improved and which may be good condition and repair. The territory comprising the district to be assessed need not be contiguous and the district may consist of separate and distinct areas or sections. The work performed in one section need not benefit the other section or sections.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 110,450.

(a) All work of improving streets to be done under the provisions of this article shall be performed by the letting of a contract therefor as provided by Section 6.30 hereof;

(b) Or, when ordered by the City Council, the work shall be performed by the City by the direct employment of labor and purchase of materials.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 89,681.

Before ordering any work done or improvement made which is authorized by this article the Council shall pass an ordinance declaring its intention to do which ordinance shall be referred to herein as the Ordinance of Intention. It shall be sufficient for said ordinance to briefly describe the work or improvement in general terms, referring to the plans, profiles and specifications therefor on file in the office of the City Engineer for further particulars, which said plans, profiles and specifications shall govern and control for all details and description. Said ordinance shall fix a day, hour and place when and where all protests against the proposed work or improvement will be heard by the Council, which time shall be not less than 15 days nor more than 60 days from the date of the passage of said ordinance. Said ordinance shall state that the improvement therein contemplated is to be performed under the provisions of this article.

Upon the adoption of said Ordinance of Intention the Clerk shall cause the same to be published once in a daily newspaper of general circulation printed and published in the City.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 108,857.

Before adopting the Ordinance of Intention the Council shall cause to be prepared for it by the Board a map or diagram showing each public street, alley, or other public place to be improved, the general nature, location and extent of the proposed improvements, and the parcels of land deemed by the City Council to be benefited by the proposed work or improvement and to be assessed to pay the costs thereof, numbered to correspond with the numbers in the proposed Assessment Roll hereinafter provided for. The parcels of land hereinbefore referred to shall be included within a district to be known as the Assessment District, and indicated by a boundary line shown upon said map or diagram. Said map or diagram shall accompany and be a part of the said proposed Assessment Roll which shall be prepared by the Board showing the total estimated costs of the proposed improvement (inclusive of incidental expenses) and the estimated amount of the several assessments proposed to be assessed upon each parcel of land, in proportion to the estimated benefits to be received by each of the said several parcels of land.

The estimated cost of the improvement and said incidental expenses shall be separately stated.

When said map or diagram has been completed and it, together with the said proposed Assessment Roll, shall have been approved by the Council, the fact and date of such approval shall be endorsed thereon by the City Clerk, and said map or diagram and proposed Assessment Roll shall be filed with the City Clerk, and shall be open to public inspection.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord No. 89,681.

If any lot or parcel of land belonging to the United States, or to the State, or to any county, city, public agent, mandatory of the government, school board, educational, penal or reform institution or institution for the feeble-minded or the insane, is in use in the performance of any public function and is included within the district to be assessed to pay the costs and expenses thereof, the Council may, in the Ordinance of Intention, declare that such lots or parcels of land, or any of them, shall be omitted from the assessment thereafter to be made to cover the costs and expenses of the work.

If any such lots or parcels of land are omitted from the assessment, the total expense of all work done shall be assessed on the remaining lots or parcels of land lying within the limits of the Assessment District, without regard to such omitted lots or parcels of land.

If the Council, in the Ordinance of Intention, declares that any such lots or parcels of land owned and used as provided in this section shall be included in the assessment, or if no declaration is made respecting any such lots or parcels of land, then the City shall be liable for such sums as may thereafter be assessed against such lots or parcels of land. The assessment shall be payable by the City out of the general fund unless the Council shall in its Ordinance of Intention designate another fund. Any sums which may be assessed against any such lots or parcels of land shall not be payable by the City when such sums are paid by the owner of or the governing body controlling such lots or parcels of land.

SECTION HISTORY

Based on Ord No. 85,500.

Upon the adoption of said Ordinance of Intention, the City Engineer shall mail, postage prepaid, to all persons owning real property which is proposed to be assessed to pay any of the cost and expenses of the work, whose names and addresses appear on the records of the City Engineer, a postal card containing a notice which shall be substantially in the following form:

[IMPROVEMENT HEARING NOTICE RE STREET IMPROVEMENT]

You are hereby notified that the Council of the City of Los Angeles, California, has adopted an Ordinance declaring its intention to order the improvement of ____________. All protests must be filed in writing in the office of the City Clerk before the hour of ________ o'clock A.M. on the ________ day of __________, _____, and all protests so filed will be heard and considered by the City Council in the council chamber at said time.

You are hereby referred to said Ordinance No. ____________ for further particulars. Property belonging to you is proposed to be assessed for this improvement in the estimated amount of $____________.

Assessment No. ____________.

---

City Engineer.

Said mailing shall be completed not less than five (5) days prior to the day set for said hearing.

The City Engineer shall upon the completion of the mailing of the said notice, file with the Council an affidavit setting forth the time and manner of the compliance with the requirements of this section. The failure of the City Engineer to mail any notice or the failure of any person to receive the same shall not affect in any way whatsoever the validity of any proceeding taken under this article, nor prevent the Council from proceeding with any hearing so noticed.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 87,605; Ord. No. 181,595, Eff. 4-10-11.

The Board shall, after the publication of the Ordinance of Intention, cause to be conspicuously posted along the line of the contemplated work and on all the open streets within the district, at not more than 300 feet apart, but not less than three in all, notices of the passage of said ordinance. Said notice shall be headed “Notice of Improvement” in letters not less than one inch in height; and shall in legible characters state the fact of the passage of the Ordinance of Intention and briefly describe in general terms the proposed improvement, referring to the plans, profiles and specifications therefor on file in the office of the City Engineer for all details and descriptions. Reference shall also be made to the Assessment Roll on file in the office of the City Clerk for all details as to the extent of the Assessment District, and the estimated amount of the assessment to be levied upon each lot or parcel of land therein.

Said notice shall also contain a statement of the day, hour and place fixed in the Ordinance of Intention for the hearing of all protests to the proposed work or improvement, and that any and all such protests thereto must be filed in writing in the office of the Clerk prior to said time. Said posting shall be completed not less than 10 days prior to the day set for said hearing. An affidavit shall be filed in the office of the City Clerk setting forth the time and manner of the compliance with the requirements of this section.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 108,857.

At any time not later than the hour fixed in the Ordinance of Intention for hearing protests any person interested, objecting to:

(a) the proposed work or improvement,

(b) the costs thereof,

(c) the manner of making the proposed assessment,

(d) the estimated assessment against any of the lots or parcels of land, or

(e) the extent of the Assessment District,

may make written protests. Such written protest must be filed with the City Clerk not later than said time, must contain a description of the property in which each signer thereof is interested and set forth the nature of the signer’s interest therein, and in case any signature is made by an agent, there must be attached to the protest the affidavit of such agent that the agent is duly authorized to sign such protest. Any protest not complying with the foregoing requirements need not be considered by the Council. The City Clerk shall endorse on every such protest the time of its reception by the City Clerk and at the time fixed for the hearing the City Clerk shall present to the Council all protests so filed with the City Clerk.

The Council shall hear and consider said protests at said meeting, or at any time to which the hearing thereof may be continued and pass upon the same and its decision thereon shall be final and conclusive; provided, however, that if the Council finds that protests against the proposed work or the cost thereof are filed by the owners of more than one half of the area of the property to be assessed for said improvements, and protests are not withdrawn so as to reduce the same to less than a majority, no further proceedings shall be taken and the Council shall be barred for a period of six months from the date of the filing of such majority protest from instituting any proceedings for the same improvement, unless such protests are overruled by an affirmative vote of four fifths of the members of the Council, or unless the owners of a majority of such property shall, in the meantime, petition for such improvement to be made. Any interested person may withdraw the person’s protest in writing at any time before the conclusion of the said hearing.

If protests are filed by the owners of less than a majority of such area, and such protests are sustained, no further proceedings shall be had under said Ordinance of Intention, but a new Ordinance of Intention for the same improvement may be passed at any time. If such protests are denied, the proceedings shall continue as if such protests had not been made.

If any of the written protests as provided in this section should be against the manner of making the proposed assessment, or the amount of the estimated assessment to be levied against any lot or parcel of land, or the extent of the Assessment District, the Council may by resolution change or modify any of the proposed assessments, or may change the boundaries of the Assessment District as hereinafter provided.

Any person interested whose property is to be assessed to pay the costs and expenses of the proposed work may, at the time fixed in the resolution of intention for hearing of objections to the proposed work, appear before the legislative body and make objection to the proposed grade or proposed modification of grade. A failure to make objection at that time shall be deemed to be a waiver of all objections to the proposed grade or proposed change or modification of grade and shall operate as a bar to any claim for damages or any subsequent action looking to the prevention of the work or the recovery of damages on account of the performance of the work to such grade or changed grade.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ords. Nos. 96,286, 108,857.

If no protests or objections in writing have been delivered to the Clerk up to the hour set for the hearing thereon or if protests have been found by the legislative body to be insufficient, or have been overruled, or if protests against the extent of the proposed district have been heard and denied, immediately thereupon the legislative body shall acquire jurisdiction to order the proposed work to be done. Having acquired such jurisdiction and if it decides to proceed with the improvement, the Council shall adopt an ordinance ordering such improvement to be made, which ordinance shall be referred to herein as the final ordinance.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 103,550.

The provisions of the Improvement Act of 1911 in Sections 5230 to 5235, inclusive, in Chapter 8.5 of Part 3 of Division 7 of the Streets and Highways Code, relating to change of work, boundaries of Assessment District or proceedings, are incorporated in this article as if fully set forth herein.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 110,450.

Upon the publication of the final ordinance, the Board shall, when ordered by the City Council, execute and perform the work or improvement contemplated in the Ordinance of Intention and more particularly described in the plans, specifications on file in the office of the City Engineer and referred to therein, and may employ the necessary labor and provide necessary materials and supplies therefor. The cost and expenses of such work shall be advanced from such budgetary funds in the Department of Public Works as may be eligible and available for expenditure for such purposes or out of any funds which may be provided therefor by the City Council.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 89,681.

The City Council in its Ordinance of Intention or in the final ordinance ordering the work to be done may direct the Board of Public Works to let a contract for the making of said improvements. Such contract shall be let to the lowest regular responsible bidder, provided, however, that the Board shall not award any such contract for an amount in excess of one-tenth above the total estimated cost of the improvement (exclusive of incidental expenses) as shown upon the proposed Assessment Roll required by Section 6.22 hereof, unless by order of the Council the amount of such excess is to be paid from funds designated and made available for such purpose.

If no bids are received or if any bids are rejected, the Board may re-advertise for bids at any time or recommend in writing to the City Council that the work and improvements be done by the City as provided in Sections 6.20(b) and 6.29 thereof. As an alternative method of procedure for the making of said improvement, if the City Council after considering said recommendations, deems that the public interest, convenience and necessity so require, it shall direct the Board to proceed with the work or improvement pursuant to Sections 6.20(b) and 6.29 hereof.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 103,550.

After the contractor has completed said improvement in accordance with plans and specifications therefor and the said work has been accepted by the Board, the said Board shall cause a demand to be drawn in favor of said contractor, or the contractor’s assignee, in payment for said work in accordance with the terms of the contract let pursuant to Section 6.30 hereof. Whenever the Board of Public Works is directed to let a contract pursuant to Section 6.30 hereof, no such contract shall be awarded until funds in an amount equal to that stated in the contract as being payable to the contractor upon acceptance of the work, are available for payment thereof. Said amount may be advanced from such budgetary funds of the Department of Public Works as may be eligible and available for expenditure for such purposes, or out of any funds which may be provided therefor by the Council. Said amount shall be returned to the General Fund when collected as assessments or installments thereof.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 89,681.

Upon the completion of the work ordered by the final ordinance as herein provided, the Board shall prepare a map or diagram showing each public street, alley or other public place improved, the general nature, location and extent of the improvements constructed, and the parcels of land within the boundaries of the Assessment District to be assessed to pay the costs thereof, numbered to correspond with the numbers in the Assessment Roll hereinafter provided for. Said map or diagram shall accompany and be a part of the Assessment Roll which shall be prepared by the Board showing the total costs of the improvement (inclusive of incidental expenses) and the amount of the several assessments to be assessed upon each parcel of land in proportion to the estimated benefits to be received by each of the said several parcels of land.

The total amount of the assessment to be levied shall not exceed the total of the estimated assessment by more than one-tenth of such estimated assessment; and no part of any excess over said one-tenth shall be assessed upon the lands to be assessed in the proceedings, but such excess may be paid from the general fund or from any other fund available for the purpose.

When said map or diagram has been completed, it, together with the said Assessment Roll, shall be filed with the City Clerk who shall endorse thereon the date of such filing and thereafter said Assessment Roll shall be open to public inspection in the office of said Clerk.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 108,857.

Upon the filing of the map or diagram and Assessment Roll with the Clerk, the Clerk shall give notice of the filing of said assessment and of a time to be therein fixed by said Clerk when all persons interested in the work done, or in the assessment, will be heard by the Council. Such notice shall be published once in a newspaper of general circulation published and circulated within the City which publication shall be not less than fifteen days before the time fixed for such hearing. Such notice shall also be given by mailing a notice, which mailing shall be completed not less than five (5) days prior to the day set for said hearing, to the owner of each lot listed according to the name and address appearing on the records of the City Engineer. Such notice shall designate the property within the Assessment District belonging to said owner by street number, or some other description sufficient to enable the property owner to identify the property and a statement of the amount proposed to be assessed against such property. The City Engineer shall, upon the completion of such mailing, file with the Council an affidavit setting forth the time and manner of the compliance with requirement of this section. The failure of the City Engineer to mail any notice or the failure of any person to receive the same shall not affect in any way whatsoever the validity of any proceedings taken under this article nor prevent the Council from proceeding with any hearing so noticed. Reference shall be made in said notices to the resolution of intention and the date of its publication for a description of the work therein mentioned and no other description thereof shall be necessary. The owners and all other persons interested in any work done under the Ordinance of Intention, or in the assessment, feeling aggrieved by any act or determination of the Board in relation thereto, or who claim that the work has not been performed according to the ordinance ordering the work, in a good and substantial manner or who claim that any portion of the work for any reason was omitted or illegally included in the proceedings for the same or having or making any objection to the correctness of the proceedings or of the assessment or diagram or other act, determination or proceedings of the Board shall, prior to the day fixed for the hearing upon the assessment, appeal to the Council by briefly stating in writing the grounds of the appeal.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 87,605; Ord. No. 181,595, Eff. 4-10-11.

Upon such appeal, the Council may remedy and correct any error or informality in the proceedings, and revise and correct any of the acts or determinations of the Board relative to said work; may confirm, amend, alter, modify or correct the assessment or diagram in such manner as to the Council shall seem just, and require the work to be completed according to the directions of the Council; and may instruct and direct the Board to correct the assessment or diagram in any particular. All the decisions and determinations of the Council, upon notice and hearing as aforesaid shall be final and conclusive upon all persons entitled to appeal under the provisions of this article, as to all errors, informalities, and irregularities which the Council might have avoided, or have remedied during the progress of the proceedings or which it can at that time remedy. Said hearing may be continued from time to time. When no appeal is taken, or when the orders and determinations of the Council upon appeal have been complied with and the Council is satisfied with the correctness of the proceedings and of the assessment, thereupon the Council shall forthwith, confirm the proceedings and the assessment.

SECTION HISTORY

Based on Ord. No. 85,500.

At any time prior to the confirmation of the proceedings and the assessments as herein provided, and any provisions of this article to the contrary notwithstanding, it shall be lawful for the Council to provide for a contribution toward the costs and expenses of any work or improvement to be done under this article from any funds made available for that purpose by the Council or by any local, state or national agency or authority, and it shall not be necessary to set forth or give notice of such contribution in the Ordinance of Intention or other proceedings hereunder but it shall be sufficient for the Council upon determining the amount thereof and making an appropriation therefore to direct the Board to deduct such amount from the whole cost of the work.

SECTION HISTORY

Based on Ord. No. 85,500.

The Council, in its discretion, may determine that assessments in amounts of $50 or more shall be payable in not to exceed 10 equal annual installments; and may also determine that after 90 days after publication of notice of the recording of the assessment all such sums then unpaid shall bear interest. Such interest shall be at a rate of not to exceed six per cent per annum and shall accrue in monthly amounts on the first day of each month after the said 90 days. The Council’s determination to allow payment of such assessments in installments, the number of installments and whether they shall bear interest and the rate thereof shall be declared in either the Ordinance of Intention or by a resolution adopted prior to the confirmation of the assessments.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 108,857.

The validity of any assessment levied under the provisions of this article shall not be contested in any action or proceeding unless the same is commenced within 30 days after the time said assessment is levied, and any appeal from a final judgment in such action or proceeding must be perfected within 30 days after the entry of such judgment.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 108,857.

After the assessment has been confirmed the City Clerk shall transmit it with the diagram to the Board of Public Works; and the said Board shall record such assessment and diagram in a suitable book to be kept in the Bureau of Engineering for that purpose, and append thereto its certificate of the date of the recording. Such record shall constitute the Assessment Roll and from the date of the recording all persons shall be deemed to have notice of its contents.

Immediately upon such recording the assessment shall be deemed to be levied and the several amounts assessed shall be payable and the assessments shall be liens against the lots or parcels or land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property, and shall be paramount to all other liens except for state, county and municipal taxes. The lien shall continue until the assessment and all penalties, interest and costs due and payable thereon are paid, or until the property is sold and deeded to the purchaser or assignee as provided herein.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 108,857; 1st para., Ord. No. 149,941*, Eff. 8-15-77.

• It is the intention of the City Council, as previously expressed by final action on the budget for the fiscal year 1977-1978, that by adoption of this ordinance the assessment

functions previously performed by the Bureau of Assessments of the Department of Public Works be and are hereby transferred to and shall be performed by the City Engineer and that all obligations and assets which exist in the name of the Bureau of Assessments, by reason of any law or other authoritative assignment or delegation, whether specifically referred to in this ordinance or not, be and are hereby transferred to the City Engineer. It is further intended that any and all uses of the terms “Bureau of Assessments” and “Director of Assessments” in the codes and other laws and documents of this City shall hereinafter be deemed to mean and refer to, respectively, “Bureau of Engineering” and “City Engineer.”

The Board of Public Works shall cause a Notice of Recording to be published by one insertion in a daily or weekly newspaper of general circulation printed and published in the City. Said notice shall state the fact of the recording of the assessment and diagram; that the sums assessed are payable, and the times when amounts become delinquent; the rate, if interest is to be charged; that payment of the assessments or installments thereof and any interest thereon shall be made to the Bureau of Engineering prior to the delinquency dates therefor; and that, upon delinquency, any penalty or interest becoming due thereon shall be added to the delinquent assessment or installment. It shall also contain a statement that if any Cash Assessment becomes delinquent the assessed property will be advertised for sale and sold for the amounts due thereon plus costs as hereinafter provided.

SECTION HISTORY

Amended by: Ord. No. 149,941*, Eff. 8-15-77.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

The Board shall also cause notices to be mailed, postage prepaid, addressed to the owners of assessed properties, or their agents, as their names and addresses appear in the property ownership records of the City Engineer, which notices shall contain descriptions of the respective lots or parcels of land of such owners and shall state the assessment numbers and amounts thereof, that the same are payable, and such other matters regarding interest, delinquency, penalties and sale as are required to be included in the published Notice of Recording and are applicable to such lots or parcels. The failure to mail any such statement or the failure of any person to receive the same shall not affect in any way whatsoever the validity of any proceedings taken under this article.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 108,857; Ord. No. 181,595, Eff. 4-10-11.

Cash Assessments shall be due and payable when the Notice of Recording of assessments is published; and shall become delinquent if not paid in full within a period of 90 days after the date of such publication. At the close of business on the last day of said payment period a penalty of ten per cent of the unpaid amount shall be added to any delinquent Cash Assessment.

SECTION HISTORY

Based on Ord. No 85,500. Amended by: Ord No. 108,857.

Installment Assessments shall be due and payable with any accrued interest, penalties and costs, at any time after the said publication and before the assessed property is sold for delinquency; and they may be paid in full without interest on or before the last day of the month in which the 90 day period terminates. Thereafter the unpaid balance of the principal amount of the assessment shall be divided into equal annual installments. To each current installment interest shall be added as it accrues monthly on the total balance of such principal amount then unpaid; except that interest which accrues on the first day of December preceding the delinquency date for any installment, the balance of which installment is duly paid before delinquency, shall be added instead to the next annual installment. The number of installments and the rate of interest shall correspond with the determination thereof by the Council, and unless each of such installments, including such accrued interest, is paid before the respective date for the delinquency thereof, such installment shall become delinquent and a penalty will be added, and the assessed property will be subject to sale as hereinafter provided. The date for delinquency of the final installment shall also be designated as the maturity date of the assessment.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 108,857.

The first installment including accrued interest, or any part, thereof shall become delinquent if the same is not paid on or before the thirty- first day of December after the October 15th following the expiration of said 90-day period.

Succeeding installments in order shall likewise become delinquent if any amounts thereof are not paid on or before the thirty-first day of each December thereafter until and including the maturity date of the assessment.

After the close of business on the thirty-first day of December each year a penalty shall be added to the amount of any installment of principal and interest then becoming delinquent, which penalty shall be equal in amount to ten per cent of such delinquent amount.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 108,857.

At any time after an installment becomes delinquent and a penalty is added therefor and while the delinquent amount is still unpaid, the Council, in its discretion, may declare the whole unpaid amount on account of the assessment to be in default and delinquent; and after such declaration the lot or parcel of land against which the assessment was levied shall be advertised and sold in the manner hereinafter provided, as though the whole amount or final installment of such assessment had become delinquent for failure to pay prior to the dates therefor.

No additional penalty shall be added for such declared default. But if any person thereafter pays the balance due in order to prevent the sale of the property or to redeem the same from sale the person shall pay, in addition to all other amounts required therefor, the amounts that would also have been necessary on account of penalties that might have been imposed regularly on any delinquency dates after the date of the declaration and before the time of the payment.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 108,857.

On or about the first day of November preceding the delinquency date for any installment, the Board shall cause written bills or invoices specifying the amounts and dates for payment and delinquency to be mailed to the owners of assessed properties, or their agents, as known to the City Engineer. The failure to mail any bill or invoice or the failure of any person to receive the same shall not affect the validity of any assessment, lien, penalty, sale or other proceeding provided for in this article.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 108,857; Ord. No. 149,941*, Eff. 8-15-77; Ord. No. 181,595, Eff. 4-10-11.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

If any lot or parcel of land for which an assessment has been levied is divided into two or more lots or parcels of land, the assessment as levied may be divided in the manner prescribed in this article.

(a) Application For Division. When it is desired that a new assessment be made on property divided subsequent to the assessment originally levied and confirmed by the Council, an application therefor in writing signed by the owner of any interest in any of the lots or parcels into which the original lot or parcel has been divided shall be filed with the Board of Public Works. The application shall indicate how the original lot or parcel has been divided, request the Board to apportion the amount as levied or remaining unpaid on the assessment in accordance with the division, and be accompanied by a fee of five dollars ($5.00) for each separate part or parcel of

land into which the original lot or parcel has been divided. The Board shall deposit all such fees with the City Treasurer.

(b) Appointment of Amount Unpaid. Upon receipt of the application and fee the Board shall apportion to each separate part of the

original lot or parcel of land the proportionate part of the amount remaining unpaid on the assessment that would have been levied thereon had the lot or parcel of land been so divided at the time the original assessment was made. The application shall be accompanied by evidence satisfactory to the Board that it is signed by all persons owning an interest in the original parcel of land.

(c) Amendment of Diagram and Assessment. When the Board has ascertained that the application is signed by all the necessary

persons, the Board shall thereupon amend the recorded diagram and assessment to conform to such division and apportionment and assign new assessment numbers to each separate part of the original lot or parcel of land.

(d) Installment Payments. The assessment shall be payable in installments at the respective dates of the payment of principal and

interest on the existing assessment, the number of such installments to be equal to the number of unpaid installments on the existing assessment.

(e) Payment of Apportionment Amounts in Cash. No Installment Assessment shall be allowed when the apportioned amount is

less than $50. If it is less, the apportioned amount shall be paid to the Board in cash at the time that the interested parties have been advised of their apportioned amounts.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 99,114.

If a remittance to cover a payment required herein to be made prior to a certain time, to avoid a penalty or sale for delinquency, is correctly addressed and sent through the United States mail it shall be treated for such purposes as if it had been received on the date and time shown by the post office cancellation mark stamped upon the envelope containing the remittance. Any such payment received more than 30 days after the date of the imposition of penalty or of the making of sale shall not relieve the property from such penalty or sale but may be applied toward the amount required to pay off the assessment or to redeem from the sale. No payment on an assessment or for redemption shall be accepted after the execution and delivery of a deed of the sold property.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 108,857.

Within 90 days after any Cash Assessment becomes delinquent or, if any assessment is payable in installments, within 90 days after the last installment thereof becomes delinquent, or if the Council declares any installment assessment to be in default and delinquent, within 90 days after such declaration, the Board of Public Works shall publish in a daily or weekly newspaper of general circulation a notice of sale of properties on which the assessment have not been fully paid.

The notice so published shall constitute the delinquent list, and shall contain a description of each such lot or parcel of land at length or by its respective number as it appears upon the assessment and diagram, to which the notice shall refer; the name of the owner as the same appears in the property ownership records of the City Engineer if it so appears, otherwise designating the owner as unknown; the total amount of the assessment, interest, penalties, and costs due, including the cost of advertising for each lot or parcel of land separately assessed; the place, day and hour of sale, which day shall not be less than 20 days from the date of publication of the notice; and a statement that unless the assessments, interest, penalties and costs on any such lot or parcel of land are paid to the Bureau of Engineering prior to the time of sale such lot or parcel will be sold to the City for the said total amount plus $7.00 for a certificate of sale.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 110,450; Para. 2 by Ord. No. 149,299, Eff. 2-17-77; Para. 2 by Ord. No. 149,941*, Eff. 8-15-77; Para. 2, Ord. No. 181,595, Eff. 4- 10-11.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

Whenever assessments or installments for two or more improvements hereunder are delinquent and the properties assessed are to be sold

therefor on the same date, a separate notice may be published for each district; or the required notices of the delinquency and sale of all such properties in each of any number of such assessment districts may be combined where practicable.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 108,857.

At any time after such delinquency and prior to the sale any person may pay the assessment, together with the penalties and costs due thereon, including the cost of advertising, if such payment is made after the publication of the notice of sale.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 108,857.

At the time fixed in the notice of sale, the lots or parcels of land on which the total amount of the delinquent assessments, penalties and costs have not been fully paid shall by operation of law be sold by the Board of Public Works to the City of Los Angeles for such total amount due plus $50.00 for each such lot or parcel of land for a certificate of sale; and the fact of such sale shall be entered on the Assessment Roll opposite the description of each property sold. The fees and costs herein shall be adjusted, if required, in order to cover the City’s administrative costs and adopted in the same manner as provided in Section 12.37 I.1. of the Los Angeles Municipal Code for establishing fees.

Funds in the amount of which such properties are sold to the City shall be transferred to the special fund for the improvement; and any redemption payments received on account of sold properties may be applied to reimburse the fund from which the transfer was made.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 108,857; Para. 1, Ord. No. 149,299, Eff. 2-17-77; First Unnumbered Para., Ord. No. 168,733, Eff. 5-31-93.

The Board shall issue original and duplicate certificates of sale, referring to the proceedings, describing each lot or parcel of land sold, stating that the properties are sold to the City and giving the amount for which each is sold. The original certificate shall be filed with the City Engineer and shall be retained as a record of the sale. Any such certificate may include any number of parcels of property whether contiguous to each other or not.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 108,857; Ord. No. 149,941*, Eff. 8-15-77; Ord. No. 181,595, Eff. 4-10-11.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

At any time prior to the issuance and delivery of a deed to any property sold under the provisions of this article, such sold lot or parcel of land may be redeemed by the payment to the Board of the amount for which the same was sold, with an additional penalty of one per cent per month, until paid, of said amount of sale, together with such other amounts as may be payable as provided for in Section 6.57 of this article. Said one per cent penalties shall be added on the first day of each month following the date of sale of said property. Upon the redemption from sale of any lot or parcel of land the fact and date of such redemption shall be reported to the City Engineer and shall be entered on the original and duplicate certificate of sale.

SECTION HISTORY

Based on Ord. No. 85,500.

Amended by: Ord. No. 108,857; Ord. No. 181,595, Eff. 4-10-11.

At any time after the expiration of one year and within four years from the date of sale and after the giving of notice and filing of affidavits as hereinafter provided, the Board shall execute to the City as purchaser and deliver to the City Engineer a deed of the property sold and not redeemed, in which shall be recited substantially the matters contained in the certificate of sale relating to such lot or parcel of land and the fact that no person has redeemed the same.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 108,857; Ord. No. 181,595, Eff. 4-10-11.

At least 30 days before it executes the deed the Board shall serve a written notice upon the owner of the property purchased, or cause such notice to be mailed, postage prepaid, addressed to the owner as the owner’s name and address appear on the last Equalized Assessment Roll, if they so appear, or as known to the City Engineer, and shall serve such notice upon the party occupying the property, if the property is occupied. If the occupant of the property cannot be found after due diligence or if the property is unoccupied, a similar notice must be posted in a conspicuous place upon said property at least 30 days before the date stated therein on which the deed will be executed. The notice shall set forth a description of the property, stating that said property has been sold for a Delinquent Assessment, specifying the improvement for which the same was made, the amount for which the delinquent property was sold, the amount necessary to redeem at the time of giving notice and the time when the Board will execute a deed to the City.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 108,857; Ord. No. 181,595, Eff. 4-10-11.

The deed of the Board, when duly acknowledged or proved, shall be prima facie evidence of the truth of all matters recited therein and of the regularity of all proceedings prior to the execution thereof, and of title in the grantee.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 100,239.

Affidavits must be filed in the office of the Bureau of Engineering showing that such written notices, as required herein, were served upon or caused to be mailed to the owner of the property, and served upon the occupant or posted, and showing due diligence if the property is occupied and the occupant cannot be found. If redemption of the property is made after affidavits are filed, the person making such redemption must pay, in addition to the other amounts required, $3.00 for the service of notice and the making of such affidavits. The Board shall not deliver a deed until the written notice has been served, caused to be mailed or posted and affidavits have been filed as required herein.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 108,857; Ord. No. 149,941*, Eff. 8-15-77.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

Proof of any publication provided for herein shall be made by affidavit of the owner, publisher, printer, foreperson or clerk of the newspaper

and such affidavit shall be filed with the City Clerk. No publication or notice other than that provided for in this article shall be necessary to give validity to any proceeding provided for herein.

SECTION HISTORY

Based on Ord. No. 85,500. Amended by: Ord. No. 108,857.

In all ordinances, notices, orders, resolutions, and determinations subsequent to the Ordinance of Intention, a description of the work or improvement by reference to the Ordinance of Intention shall be sufficient, and a brief description in general terms of the work or improvement in the Ordinance of Intention referring to plans, profiles, and specifications therefor on file in the office of the City Engineer, shall be sufficient.

SECTION HISTORY

Based on Ord. No. 85,500.

This article shall be liberally construed to the end that its provisions may be effective. No error, irregularity, informality, and no neglect or omission of any officer of the City, in any proceeding taken hereunder, which does not directly affect the jurisdiction of the Council to order the work or improvement shall void or invalidate such proceedings or any assessment for the cost of work done thereunder. The exclusive remedy of any person affected or aggrieved thereby shall be by protest or appeal to the Council as herein provided.

SECTION HISTORY

Based on Ord. No. 85,500.

If any assessment made pursuant to the provisions of this article is void or unenforceable for any reason, the Council shall order a reassessment to be made in accordance with the provisions, so far as applicable, of Sections 5500 to 5511, both inclusive, of Chapter 19 of the Streets and Highways Code of the State of California.

SECTION HISTORY

Based on Ord. No. 85,500.

The City Council hereby declares that it is its intention in adopting this procedural ordinance to exercise and make use of the power and authority granted and conferred upon it by the City Charter and declares that this procedure shall be additional or alternative to any procedure established by state law. The election of the City Council to proceed under the provisions of this ordinance shall be expressed in the Ordinance of Intention of the improvement to be made.

SECTION HISTORY

Based on Ord. No. 85,500.