Merced Municipal Code Ch. 13.24 Legal Remedies

All objections not made within the time and manner provided in this title are waived.

(Prior code § 14A.87).

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

(Prior code § 14A.88).

The notice to pay assessments under Chapter 13.34, the notice to pay assessments and of award of contract under Chapter 13.36 and a notice of confirming assessment or reassessment under any other procedure in this title shall have like curative effect as the notice of award under the Improvement Act of 1911.

(Prior code § 14A.89).

This title shall be liberally construed in order to effect its purpose. No error, irregularity, informality, omission or illegality, and no neglect or omission of any officer, in any procedure taken pursuant to this title, which does not directly affect the jurisdiction of the council to order the work or acquisition pursuant to this title shall void or invalidate the proceeding or any assessment for the cost of the work or acquisition under this title. The exclusive remedy of any person affected or aggrieved shall be by appeal to the council in accordance with the provisions of this title.

(Prior code § 14A.90).

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

(Prior code § 14A.91).

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

(Prior code § 14A.92).

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

(Prior code § 14A.93).

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

(Prior code § 14A.94).

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

(Prior code § 14A.95).

No action shall affect the legality of any assessment other than the assessment on property of a plaintiff in his own name and not in a representative capacity.

(Prior code § 14A.96).

No defense based on invalidity or irregularity in any proceedings shall be raised or pleaded after the expiration of the thirty day period.

(Prior code § 14A.97).

The city council, at any time after the adoption of the resolution of intention, the proposed contractor, at any time after the award of the contract to him or the proposed purchaser of the warrant or any bonds to be issued, at any time after the assignment of the warrant or award of the bonds to him, may bring an action in the Superior Court of the state, in and for the county, to determine the validity of any proceedings and of the proposed contract, or of the assessment or tax levied or to be levied, or of the bonds issued or to be issued.

(Prior code § 14A.98).

The provisions of Chapter 9, (commencing with Section 860), Title 10, Part 2, excepting Section 863, of the Code of Civil Procedure, shall apply.

(Prior code § 14A.99).

No defense may be raised in an action that could not have been made the subject of a suit by the defendant at the time, including, but not limited to, the application thereto of waivers, finality of official action, curation, and limitations of action.

(Prior code § 14A.100).