Los Angeles Municipal Code Art. 1 Procedure for the Stabilization of Unstable Land Areas and Assessment

OF THE COST THEREOF

Section 6.176 Definitions. 6.177 Authority to Order Work. 6.178 Authority to Order Acquisition of Land. 6.179 Disposition of Excess Amount of Acquisition Cost. 6.180 District and Work Need Not Be Contiguous. 6.181 Manner of Doing Work. 6.182 Ordinance of Intention – Publication – Hearing. 6.183 Proposed Assessment and Diagram – Approval – Filing. 6.184 Public Property – Exemption from Assessment. 6.185 Postal Card Notices – Affidavit. 6.186 Posting Notices of Local Improvement – Contents – Affidavit. 6.187 Protests – Hearing. 6.188 Protest – Change of Contour or Grade. 6.189 Jurisdiction – Final Ordinance. 6.190 Notice. 6.191 Changes of Work – Boundaries of Assessment District or Proceedings. 6.192 Notice Inviting Bids. 6.193 Advancement by Contractor of Incidental Expenses. 6.194 Contracts. 6.195 Authority to Order Plans. 6.196 Assessment Diagram and Assessment. 6.197 Warrant, Recordation and Delivery. 6.198 Election to Purchase Assignment of Warrant Assessment and Diagram. 6.199 Payment for Work Performed by the City. 6.200 Payment of Assessment. 6.201 Reassessments. 6.202 Collection and Enforcement of Reassessment. 6.203 Supplemental Assessment. 6.204 Contesting Assessment. 6.205 Determination to Issue Bonds. 6.206 Issuance of Bonds. 6.207 Payments on Assessments at Bond. 6.208 Form and Content of Bonds. 6.209 Division of Land and Bond. 6.210 Default and Sale for Delinquency. 6.211 Redemption of Delinquent Property. 6.212 Conveyance of Unredeemed Property. 6.213 Continuance of Lien upon Invalidation of Sale or Deed. 6.214 Notices. 6.215 Contribution of Funds by City. 6.216 Publications – Proof. 6.217 Description of Work by Reference. 6.218 Construction of Ordinance. 6.219 Council Intent of Article. 6.220 Validating Proceedings.

Unless the particular provision 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 or 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 or easements necessary or convenient for doing the work authorized by this article, 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 I 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 the work or improvements hereunder, includes all items of compensation, cost and

expense incidental to: the design, including cost of purchasing plans prepared by a registered civil engineer engaged by owners, construction, completion and inspection of the work or improvements and costs and expenses of acquisition and all costs and expense of compliance with provisions of law and this article incidental to the formation of a District hereunder.

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. “Legislative Body” wherever used in any sections of the Improvement Act of 1911 shall mean the Council of the City of Los

Angeles.

10. “Superintendent of Streets” wherever used in any section of the Improvement Act of 1911 shall mean the Board of Public

Works of the City of Los Angeles.

11. “Improvement Act of 1911" wherever used in this article shall mean Division 7 of the Streets and Highways Code and all

amendments thereto.

12. “Resolution of Intention” wherever used in this article shall mean the “Ordinance of Intention.”

13. “Acquisition” shall mean and include any acquisition necessary or appropriate in connection with any work or improvement authorized to be made by this article by gift, purchase, or eminent domain proceedings, limited, however, to land, rights-of-way or easements.

14. “Acquisition Cost” or words of similar import when used in this article shall include all incidental expenses in connection with such acquisition.

    SECTION HISTORY

    Based on Ord. No. 126,186.

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 change of grade or contour, compaction of the land, and construction of caissons, retaining walls, drains and other structures for the purpose of stabilizing land and in connection therewith, to order the whole or any portion or portions, either in length or width, of any one or more of any public streets, alley, or other public places to be opened, widened or relocated or 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, lighting facilities, 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. 126,186.

In any proceeding for the making of any work or improvement authorized by this article the Council may order any acquisition as defined herein necessary or appropriate in connection with such work or improvement and assess the cost of such acquisition as a part of the incidental expenses of such work or improvement. Any such acquisition shall be described in the Ordinance of Intention in general terms and refer to plans, profiles detailed drawings and specifications or such of them as may be suitable and proper for the full detailed description of the acquisition proposed. The City is hereby authorized to advance the cost from its general funds and thereafter reimburse such general funds as a part of the incidental expenses of such improvement.

SECTION HISTORY

Based on Ord. No. 126,186.

In the event that the proceedings include any acquisition and the actual cost of the acquisition as finally determined in less than the amount included in the assessment as the cost of such acquisition, such excess may be spent as the Council may thereafter determine, either for the maintenance or repair of the work or improvement, or such excess shall be refunded or credited in proportion to the amount of the assessments that were levied for such acquisition cost, as follows:

(a) Where the assessment and all installments thereof and all interest and penalties due thereon have been paid, such refund shall be returned in cash to the person who paid the corresponding assessment or installment, upon the person furnishing satisfactory evidence of such payment.

(b) Where the assessment or any installment thereof is unpaid, the credit shall be applied upon such assessment or upon the earliest unpaid installment of principal and interest.

In the event the Council determines that such excess shall be used for maintenance or repair, the Council shall establish a separate fund of such excess and shall use the same solely for said purpose.

SECTION HISTORY

Based on Ord. No. 126,186.

The Council may include in one proceeding such work or improvement in any number of separate land areas or sections or 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 stable or in 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 area or section need not benefit the other area or section or areas or sections.

SECTION HISTORY

Based on Ord. No. 126,186.

All work of stabilizing land or improving streets to be done under the provisions of this article shall be performed, by the letting of a contract therefor as provided for herein, or by the direct employment of labor, equipment and purchase of materials by the City.

SECTION HISTORY

Based on Ord. No. 126,186.

Before ordering any work done or improvement made or acquisition which is authorized by this article, the Council shall pass an ordinance declaring its intention so 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 or acquisition in general terms, referring to the maps, plans, profiles and specifications therefor on file in the office of the City Engineer for further particulars, which said maps, plans, profiles and specifications shall govern and control for all details and description. For a description of the extent of the District proposed to be assessed, reference may be made to the Assessment District Map on file in the office of the City Clerk. Unless the hearing of objections shall not be required, as hereinafter provided, said ordinance shall fix a day, hour and place when and where all protests against the proposed work or improvements or acquisition, extent of the proposed Assessment District, manner of making the assessment, and the estimated assessment against any of the lots or parcels of land in said District, will be heard by the Council, which time shall be not less than fifteen (15) days nor more than sixty (60) days from the date of the passage of said ordinance. Said ordinance shall state that the improvement or acquisition therein contemplated is to be performed under the provisions of this article.

The hearing of objections shall not be required if the Council, when considering passage of the Ordinance of Intention, finds and determines by a four-fifths vote of all members thereof that all of the owners of lots or lands liable to be assessed, or their agents, who shall make oath that they are such agents, have signed and filed a petition waiving said hearing with the Clerk on or before the fifth day prior to the day that the resolution of intention is to be considered for passage declaring that they do not have any objections to the proposed work or work and acquisition, to any proposed change in contour or grade of land or streets, to the extent of the District to be assessed, to the manner of making the assessment or to the estimated assessment against any of the lots or parcels of land in said District, or any other objections, and requesting

that the hearing of objections shall not be required.

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. Such publication shall be made not less than ten (10) days prior to the date of the public hearing as stated in said ordinance. If the hearing of objections is not required, the publication shall be within ten days after the date of the passage of said ordinance.

When serial bonds are to be issued to represent the costs and expenses of the proposed work, improvement or acquisition, a declaration to this effect shall be made in the Ordinance of Intention specifying the term and rate of interest which the bonds shall bear. The Ordinance of Intention shall also contain a statement of the estimated cost of the proposed improvement and the cost of proposed acquisition. In the event the Council elects to purchase the warrant, assessment and diagram, as hereinafter provided, a statement to this effect shall be contained therein.

SECTION HISTORY

Based on Ord. No. 126,186.

Before adopting the Ordinance of Intention for the purpose of land stabilization, the Council shall cause to be prepared for it by the Board a map or diagram showing each area of land and public street, alley, or other public place to be opened, widened, relocated or improved, the general nature, location and extent of the proposed improvements, and the parcels of land deemed by the Council to be benefited by the proposed work or improvement and to be assessed to pay the cost 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 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 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 face 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. 126,186.

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. 126,186.

Upon the adoption of said Ordinance of Intention, the City Engineer shall mail, except where the hearing of objections has been waived as

provided in Section 6.182, postage prepaid, to all persons owning real property which is proposed to be assessed to pay any of the costs and expenses of the work, whose names and addresses appear on the last Equalized Assessment Roll or 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 LAND STABILIZATION]

You are hereby notified that the Council of the City of Los Angeles, California, has adopted an ordinance declaring its intention to stabilize land and for such purpose to order the acquisition in or 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 Council in the Council Chambers at said time. You are hereby referred to said Ordinance No. _____ for further particulars. The total estimated cost of the improvement, including acquisitions, if any, is $. Property belonging to you is proposed to be assessed for this acquisition or improvement and acquisition in the estimated amount of $. Assessment No. _____.

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City Engineer

The City Engineer shall, upon the completion of the mailing of said notice, file with the Council an affidavit setting forth the time and manner of compliance with the requirements of this section. The failure of the City Engineer to mail such 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. 126,186. Amended by: Ord. No. 181,595, Eff. 4-10-11.

The Board shall, after the publication of the Ordinance of Intention, except where the hearing of objections has been waived as provided in Section 6.182, cause to be conspicuously posted on each parcel or lot of land located in the proposed Assessment District 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 Land Stabilization – Improvement and Acquisition” 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, or improvement and acquisition, referring to the maps, 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 Map and 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 make reference to any proposed acquisition and shall set forth the estimated cost of such acquisition.

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, acquisition 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 ten (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 manner of the compliance with the requirements of this section.

SECTION HISTORY

Based on Ord. No. 126,186.

At any time not later than the hour fixed in the Ordinance of Intention for hearing of protests, any owner of property liable to be assessed for the work, except those owners who have waived the hearing of objections as provided in Section 6.182, who objects to (a) the proposed acquisition, work, or improvement; (b) the cost of the acquisition, work, or improvement; (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 protest. Such written protests must be filed with the City Clerk not later than said time and must be in writing and contain a description of the property in which each signer thereof is interested, sufficient to identify the same and if the signers are not shown on the last Equalized Assessment Roll as the owners of such property, such written protest must contain or be accompanied by written evidence that such signers are the owners of such property and in case any signature is made by an agent of the person interested there must be attached to the protest the affidavit of such agent that the agent is duly authorized to sign such protest. Any protests not complying with the foregoing requirements need not be considered by the Council. All such protests shall be delivered to the Clerk and no other protests or objections shall be considered.

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 work and improvement, 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 it shall be necessary, in order to find whether a majority protest exists, to determine whether any or all of the signers of written protests are the “owners” of property to be assessed, the Council shall make such determination from the last Equalized Assessment Roll, and written evidence submitted with a written protest and any other evidence received at the hearing. The Council shall be under no duty to obtain or consider any other evidence as to ownership of property and its determination of ownership shall be final and conclusive.

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 proposed work or work and acquisition, or the extent of the Assessment District, the Council may by resolution change or modify the work or improvement or acquisition, or may change the boundaries of the Assessment District as hereinafter provided.

SECTION HISTORY

Based on Ord. No. 126,186.

Any person interested whose property is to be assessed to pay the, costs and expenses of the proposed work, except those owners who have waived the hearing of objections as provided in Section 6.182, may, at the time fixed in the Ordinance of Intention for hearing of objections to the proposed work, appear before the Council and make objections to the proposed contour or grade or proposed modification of contour or grade. A failure to make objections at that time shall be deemed to be a waiver of all objections to the proposed contour or grade or proposed change or modification of contour or 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 contour or grade, or changed contour or grade.

SECTION HISTORY

Based on Ord. No. 126,186.

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 Council to be insufficient, or have been overruled, or have been heard and denied, immediately thereupon the Council shall acquire jurisdiction to order the proposed work or work and acquisition to be done. If the hearing of objections is not required, immediately upon the passage of the Ordinance of Intention the Council shall acquire jurisdiction to order the proposed work or work and acquisition to be done. Having acquired such jurisdiction and if it decides to proceed with the acquisition or improvement, the Council shall adopt an ordinance ordering such work or work and acquisition to be done, which ordinance shall be referred to herein as the Final Ordinance.

SECTION HISTORY

Based on Ord. No. 126,186

Within five (5) days after the publication of the Final Ordinance the City Engineer shall mail, postage prepaid, to the owners of lots or lands liable to be assessed who have waived the hearing of objections as provided in Section 6.182 of this article, a postal card containing a notice in substantially the following form:

[ASSESSMENT HEARING NOTICE RE LAND STABILIZATION]

You are hereby notified that the Council of the City of Los Angeles, has adopted an ordinance ordering the work or acquisition or improvement of ______. You are referred to said Ordinance No. for further particulars. Property belonging to you is proposed to be assessed for this acquisition or improvement in the estimated amount of $ Assessment No _______.

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City Engineer

The City Engineer shall upon completion of said notice, file with the Council an affidavit setting forth the time and manner of compliance with the requirements of this section. The failure of the City Engineer to mail such 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.

SECTION HISTORY

Based on Ord. No. 126,186. Amended by: Ord. No. 181,595, Eff. 4-10-11.

Insofar as applicable 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, shall govern and control change of work, boundaries of the Assessment District and proceedings therefor.

SECTION HISTORY

Based on Ord. No. 126,186.

Notice inviting sealed proposals or bids for doing the work described in the Ordinance of Intention shall refer to the specifications on file, shall state the estimated cost of any acquisition which may be required to be advanced as a part of incidental expenses referred to in Section 6.193 of this article at the time of entering into the contract.

SECTION HISTORY

Based on Ord. No. 126,186.

Before being entitled to the contract, the bidder to whom the award was made, must advance to the Board of Public Works, in the event it so requires, all incidental expenses, including the estimated cost of any acquisition expenses, incurred up to the time of entering into the contract, but limited to the amount specified in the Notice Inviting Bids. All other acquisition costs shall be payable at the time of the delivery to the contractor or the contractor’s agent, or assigns, of the warrant, assessment and diagram as provided in Section 6.197 of this article.

SECTION HISTORY

Based on Ord. No. 126,186.

The 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 (including the incidental expenses) as shown upon the proposed Assessment Roll, unless by order of the Council the amount of such excess is to be paid from funds designated and made available for that purpose.

If no bids are received or if all bids are rejected, the Board may re-advertise for bids at any time and such delay shall in no way affect the validity of any of the proceedings or assessments levied thereunder.

SECTION HISTORY

Based on Ord. No. 126,186.

Before ordering any work to be done under this article the Council shall require, except as provided hereunder, the City Engineer to furnish it with plans and specifications therefor together with careful estimates of the costs and expenses of such work.

The owner or owners of lots or lands liable to be assessed for work may engage a registered civil engineer, registered pursuant to Chapter 7, Division 3 of the Business and Professions Code, to prepare the plans for any work to be done under this article. The Council may purchase said plans for use in proceedings under this article and may establish rules, regulations and procedures to be followed by registered civil engineers engaged by owners in preparing plans, submitting them to and obtaining their approval by the City Engineer, and for the time, manner and determination of the amount to be paid for such plans; provided, however, that the amount paid for plans shall not exceed eight percent (8%) of the City Engineer’s estimate of the cost of work shown on the plans and that no payment shall be made for any plans which have not been approved by the City Engineer. The amount paid for any plans and any fee required to be paid pursuant to the aforesaid rules and regulations may be paid out of the City Treasury and shall be charged against the District as an incidental expense.

SECTION HISTORY

Based on Ord. No. 126,186.

The preparation of the Assessment Diagram and the estimated Assessment benefits to be received by the parcels or land within the Assessment District, the making of the assessment and its contents, and filing of the map or diagram and Assessment Roll, shall be made and notice thereof shall be given and appeals to the Council and confirmation of the assessment shall be made and done, so far as applicable, all in accordance with the procedure therefor provided in the Improvement Act of 1911 in Sections 5341, 5342, 5343, 5360, 5360.3, 5361, 5362, 5363, 5365, 5366, 5367, 5368, 5369, and 5585 of the Streets and Highways Code.

SECTION HISTORY

Based on Ord. No. 126,186.

The form of warrant and recordation of the warrant, diagram and assessment, and priority of lien, shall all be as provided in the Improvement Act of 1911 in Sections 5371, 5372, 5373, and 5374 of the Streets and Highways Code.

After the warrant, assessment and diagram are recorded, the same shall be delivered to the contractor, or the contractor’s agents, or assigns, on demand, but not until after the payment to the Board of Public Works of the incidental expenses not previously paid by the contractor, the contractor’s agents, or assigns, including the amount by which the amount included in the assessment as the cost of any acquisition exceeds the amount previously demanded of the contractor therefor but with proper credit to the contractor in the event there was included in the assessment as the cost of any acquisition an amount less than the amount demanded of the contractor therefor at the time of the execution of the contract, pursuant to Section 6.193 of this article; provided, however, that said warrant shall not be delivered to said contractor, the contractor’s agents, or assigns, nor shall such contractor, the contractor’s agents, or assigns be entitled to receive payments of assessments by virtue of said warrant until after the expiration of thirty (30) days from the recordation thereof as provided for in Section 6.200 of this article.

The amount of any contribution provided for by the Council as a contribution toward the assessment shall be paid by the City to the contractor, or the contractor’s agent, or assigns, upon delivery of the warranty, assessment and diagram.

SECTION HISTORY

Based on Ord. No. 126,186.

The Council may elect to agree to purchase, and purchase, out of the general funds of the City, an assignment of the warrant, assessment and diagram upon delivery thereof to the contractor pursuant to Section 6.197 of this article at the option of the contractor. Any such purchase shall be in the total amount of the several assessments upon the Assessment Diagram attached to the warrant. Any such election to purchase an assignment of the warrant, assessment and diagram by the City shall be stated in the Ordinance of Intention, in which event said ordinance shall be adopted by a four-fifths vote of the entire Council. Upon the purchase of such an assignment by the City, the City shall succeed to all rights and liens of the contractor to collect and to enforce the payment of the assessments and all bonds issued to represent said assessments.

SECTION HISTORY

Based on Ord. No. 126,186.

In the event the work is performed by the direct employment of labor, equipment or purchase of materials by the City, the rights of the City to receive the warrant, assessment and diagram and to collect and enforce payment of the assessments levied and to receive bonds and enforce payment and collection of same shall be the same as those of the contractor if the work or improvement had been performed by contract let under the provisions of Section 6.194 of this article.

SECTION HISTORY

Based on Ord. No. 126,186.

All payments upon any assessment and warrant duly recorded for work or improvement or acquisition, performed pursuant to this article, made within thirty (30) days from the date of the recordation of such assessment and warrant shall be made only to the Board of Public Works.

The said Board shall, during such thirty (30) days, receive the amount due or partial payments upon any such assessments and shall, after such thirty (30) days, receive like payments upon only those assessments for which the Council has not provided that bonds be issued.

The said Board shall mail a statement to each owner of real property within the Assessment District for such work or improvement whose name appears on the last Equalized Assessment Roll, at the address appearing on said roll or on file in the office of the City Engineer, or to both such addresses, if they are not the same. The statement shall contain a designation of the property assessed by street number, or some other description sufficient to enable the property owner to identify the property, a statement of the amount of the assessment, that partial payment may be made thereon, the time and place of payment, the effect of failure to pay within thirty (30) days after the date of recording the warrant, and if bonds are to be issued, a statement of that fact, designating the provisions of law pursuant to which such bonds are to be issued. After such thirty (30) days said Board shall promptly pay to the contractor or the contractor’s assigns all amounts so collected on the assessment as herein provided.

SECTION HISTORY

Based on Ord. No. 126,186. Amended by: 3rd Para., Ord. No. 181,595, Eff. 4-10-11.

If any assessment levied is void or unenforceable for any cause, or if bonds have been issued to represent or be secured by any such assessment, a reassessment therefor shall be made by the Council and new bonds shall be issued to represent or be secured by such reassessment. The true intent and meaning of this section is to make the cost and expense of any work made through attempted compliance with this article payable by the real estate benefited by such work by making a reassessment therefor. Such power of reassessing embraces both full and partial reassessment and is not exhausted by a single attempted exercise thereof.

The procedure for a reassessment, cancellation of original assessment and issuance of new bonds, shall, so far as applicable, be as provided in the Improvement Act of 1911 in Sections 5503, 5504, 5505, 5506, 5507, 5508 and 5510 of the Streets and Highways Code.

SECTION HISTORY

Based on Ord. No. 126,186.

The reassessment shall be collectible and payable in the same manner as an original assessment and shall be enforceable by action in the same manner provided in this article for enforcing an original assessment. If bonds issued under or upon the security of the original assessment they shall also issue upon the reassessment for such sum as may be reassessed against the lots or parcel of land covered thereby.

SECTION HISTORY

Based on Ord. No. 126,186.

Supplemental assessments shall be, so far as applicable, made as provided in the Improvement Act of 1911 in Chapter 19.1, Part 3 or the Streets and Highways Code.

SECTION HISTORY

Based on Ord. No. 126,186.

Contesting the validity of any assessment made pursuant to this article shall be subject to the provisions of Section 329.5 of the Code of Civil Procedure.

SECTION HISTORY

Based on Ord. No. 126,186.

The Council may determine that serial bonds shall be issued to represent the assessments for the cost of the work or work and acquisition authorized by this article.

SECTION HISTORY

Based on Ord. No. 126,186.

(a) Certification of list of unpaid assessments. After the full expiration of thirty (30) days from the date of the recordation of the warrant, the Board of Public Works shall make and certify to the Treasurer a complete list of all assessments unpaid.

(b) Preparation of bonds, designation of parcels covered by such bonds, payments on bonds and interest and deposit and disbursements, register of bonds, validity of signature by officer ceasing to be such before delivery of bonds, shall be made, done and be as provided, so far as applicable, in the Improvement Act of 1911, Sections 6422, 6423, 6424, 6425 and 6426 of the Streets and Highways Code.

SECTION HISTORY

Based on Ord. No. 126,186.

Payments on assessments at bond, including penalties, shall be made in accordance with the provisions, so far as applicable, of the Improvement Act of 1911 in Chapter 3, Part 5, Streets and Highways Code.

SECTION HISTORY

Based on Ord. No. 126,186.

The form of the bond, its characteristics, term, dates and rate of interest, premium, redemption provisions and how bonds are made payable and executed, shall, so far as applicable, be as provided in the Improvement Act of 1911 in Chapter 4, Part 5 of the Streets and Highways Code.

SECTION HISTORY

Based on Ord. No. 126,186.

Authority to divide application, fees, apportionment of unpaid amounts, applicable for new bonds, amendment of diagram and assessment, preparation and execution of new bonds, installment payments, cash payments and delivery of new bonds, shall, so far as applicable, be as provided in the Improvement Act of 1911 in Chapter 5, Part 5 of the Streets and Highways Code.

SECTION HISTORY

Based on Ord. No. 126,186.

Default on payments on bonds, request for sale, notice, sale, issuance of certificate, right to pay taxes and lien, cancellation of bond prior to sale, records of sales, entry of payments by certificate holder and existence of lien after purchase, notice to Treasurer of assignment of Certificate of Sale, shall, so far as applicable, be as provided in the Improvement Act of 1911 in Chapter 6, Part 5 of the Streets and Highways Code.

SECTION HISTORY

Based on Ord. No. 126,186.

Redemption of property after sale, amount required and payment to purchaser shall, so far as applicable, be as provided in the Improvement Act of 1911 in Chapter 7, Part 5 of the Streets and Highways Code.

SECTION HISTORY

Based on Ord. No. 126,186.

Treasurer’s deed to property, notice, effect of failure to give notice, affidavit and fees, and deed, shall, so far as applicable, be as provided in the Improvement Act of 1911 in Chapter 8, Part 5 of the Streets and Highways Code.

SECTION HISTORY

Based on Ord. No. 126,186.

Continuance of lien upon invalidation of sale or deed shall be as provided in the Improvement Act of 1911 in Section 6572, Streets and Highways Code.

SECTION HISTORY

Based on Ord. No. 126,186.

Notice by publication, posting and mailing shall be given as provided in the Improvement Act of 1911, insofar as applicable, in Part 2,

Chapters 2, 3 and 4 of the Streets and Highways Code, except as otherwise specifically stated in this article.

SECTION HISTORY

Based on Ord. No. 126,186.

At any time prior to the confirmation of the assessments as herein provided, and any provision 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 therefor to direct the Board to deduct such amount from the whole cost of the work.

SECTION HISTORY

Based on Ord. No. 126,186.

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. 126,186.

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. 126,186.

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. 126,186.

The City Council hereby declares that it is its intention in adopting this procedural article 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 Council to proceed under the provisions of this article shall be expressed in the Ordinance of Intention of the improvement to be made.

SECTION HISTORY

Based on Ord. No. 126,186.

An action to determine the validity of proceedings relating to the work and the validity of any contract entered or to be entered into pursuant thereto may be brought by the Council or by the contractor or by any interested person pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. For such purpose proceedings shall be deemed to be in existence upon the award of the contract.

SECTION HISTORY

Based on Ord. No. 126,186.