Chapter 13.20 — SEVERABILITY - VALIDITY - REASSESSMENT

If any section, subsection, sentence, clause, phrase or word of this title is held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this title. The council hereby declares that it would have adopted and passed this title and each part, chapter, article, division, section, subsection, sentence, clause, phrase, and word hereof, irrespective of the fact that any one or more of other parts, chapters, articles, divisions, sections, subsections, sentences, clauses, phrases or words hereof be declared invalid or unconstitutional.

(Ord. 2277 (part), 1966: prior code § 40.301)

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

(Ord. 2277 (part), 1966: prior code § 40.302)

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, and as to illegalities not amounting to a want of due process of law.

(Ord. 2277 (part), 1966: prior code § 40.303)

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

(Ord. 2277 (part), 1966: prior code § 40.304)

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

(Ord. 2277 (part), 1966: prior code § 40.305)

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

(Ord. 2277 (part), 1966: prior code § 40.306)

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

(Ord. 2277 (part), 1966: prior code § 40.307)

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

(Ord. 2277 (part), 1966: prior code § 40.308)

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

(Ord. 2277 (part), 1966: prior code § 40.309)

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

(Ord. 2443 § 10, 1968: Ord. 2277 (part), 1966: prior code § 40.310)

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

(Ord. 2277 (part), 1966: prior code § 40.311)

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 said warrant or award of said bonds to him, may bring an action in the superior court of the state of California in and for the county in which it is situated, to determine the validity of any such proceedings and of such proposed contract, or of the assessment or tax levied or to be levied, or of said bonds issued or to be issued.

(Ord. 2277 (part), 1966: prior code § 40.312)

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

(Ord. 2277 (part), 1966: prior code § 40.313)

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

(b) Uncompleted Improvement. Where the assessment was for an uncompleted improvement a reassessment may be had notwithstanding the improvement is not completed. In such case the reassessment shall assess upon the lands benefited the benefits derived from the improvement or to be derived from the improvement when completed.

(c) When and How Much. The reassessment shall be made upon the demand of the contractor or his assigns, or the owner or holder of bonds aggregating one-third of the principal amount outstanding, or upon order of the legislative body, and shall be made in the manner and form provided by the Improvement Act of 1911 and Improvement Bond Act of 1915. Nothing contained herein shall prevent the council from ordering a reassessment on its motion, and its decision so to do shall be final.

(d) Interest. In the resolution ordering the reassessment, the council shall determine whether said reassessment shall include interest and if so, the rate at which and the date from which it shall be computed. In lieu thereof, it may order that the reassessment shall bear interest at a rate and from a date certain.

(e) Payment. If the bonds have not been issued, or if the bonds outstanding are not to be replaced by new bonds, proceedings for notice to pay, demand and payment shall be had as provided for the original assessment

(Ord. 2277 (part), 1966: prior code § 40.314)