Chapter 13.28 — WATER MAIN ASSESSMENTS5

Whenever the city manager recommends and the public interest or convenience requires the extension of any water main or mains of the Pasadena water department, to or into any territory in the city, or the laying of any such water main or mains in or along any street or streets, or right- or rights-of-way in the city, or the replacement or reconstruction of any water main or mains in any street or streets, or right- or rights-of-way of the city, the board of directors may, by resolution, declare its intention to so extend such water main or mains, or to lay such water main or mains, or replace or reconstruct such water main or mains, describing in such resolution the street or streets, or right- or rights-of-way, and the portion or portions thereof in or along which such main or mains are proposed to be extended, laid, replaced or reconstructed, together with the size and character of such main or mains. It shall not be necessary to describe in detail such improvement, but in such resolution reference may be made to the specifications, plans, cross-sections or profiles, or any or all thereof, on file in the office of the chief engineer of the Pasadena water department for further particulars and a description of such improvement. Whenever any such improvement is, in the opinion of the board, of more than local and ordinary public benefit, the board may make the expense of such improvement chargeable upon a district which the board shall in its resolution of intention declare the district benefitted by such improvement and to be assessed to pay the cost and expense thereof. Such district may be described by stating the exterior boundaries thereof or by referring to a plat or map that shall be on file in the office of the chief engineer of the water department of the city at the time of passing the resolution of intention, which shall indicate by a boundary line the extent of the territory included in the proposed district, which said plat or map shall govern for all details as to the extent of the assessment district. The district need not be described in any of the notices of resolutions provided for herein, other than the resolution of intention.

(Ord. 2587 § 1 (part), 1927)

The board may also, in its discretion, declare in the resolution of intention that the city shall pay a percentage of the expense of such improvement, or that the city shall pay an amount thereupon to be fixed in such resolution or that the assessment against all of the property to be benefitted by such improvement shall be limited to an amount to be fixed in such resolution, and that the city shall pay the remainder of the expense of such improvement.

(Ord. 2587 § 1 (part), 1927)

The resolution referred to in Section 13.28.010 shall be published once in the English language in a newspaper published and circulated in the city. Upon the adoption of said resolution the chief engineer of the Pasadena water department shall cause to be conspicuously posted in such street or streets in which any such main or mains are to be extended or laid, not more than 300 feet apart and not less than 3 in all, notices of the passage of said resolution. When an assessment district is established in said resolution of intention, such notices shall also be posted along the streets and parts of streets within said district, and not more than 300 feet in distance apart. Said notices shall be headed "NOTICE OF IMPROVEMENT" in letters of not less than 1 inch in height, and shall in legible characters state the fact of the passage of said resolution, its date of approval, the character of the improvement proposed, and shall refer to said resolution for further particulars.

(Ord. 2587 § 2, 1927)

Within 10 days of the publication of the resolution and the completion of the posting of the notices, the owner of any real property abutting on that portion or portions of the street or streets in which such main or mains are proposed to be laid, and in case the cost and expenses of laying such main or mains is to be assessed upon a district, the owner of any property in said district may file with the city clerk addressed to the board of directors, a written protest respecting the extension or laying of such main or mains, and describing the property owned by him, which it is proposed to assess therefor. At its next regular meeting, or at any subsequent meeting to which the hearing thereof may be adjourned, the board of directors shall hear such protest or protests and pass upon the same, and its decision thereon shall be final and conclusive.

(Ord. 2587 § 3, 1927)

The affidavit of the proprietor, foreman or clerk of the newspaper publishing said resolution showing such publication and the affidavit of the chief engineer of the Pasadena water department, or of the person or persons posting such notices, shall be filed in the office of the Pasadena water department, and shall be prima facie evidence of due and proper publication of the resolution and posting of said notices.

(Ord. 2587 § 4, 1927)

At the expiration of 10 days from the publication of the resolution and the completion of the posting of said notices, if no protest is made, or upon the overruling of such protest or protests if made, the Pasadena water department may proceed to lay such main or mains along said street or streets, or any portion or portions thereof.

(Ord. 2587 § 5, 1927)

Upon the completion of the work of laying such main or mains, the chief engineer of the Pasadena water department shall compute the cost of such main or mains and of the improvement, and shall deduct therefrom any percentage or amount or portion thereof which the board of directors in its resolution of intention may have declared that the city shall pay, and shall assess the remainder against the several parcels of property fronting or abutting on streets or parts of streets wherein such main or mains shall have been laid, or in cases in which the cost and expenses of such improvement shall have been made chargeable upon a district, then against the parcels of property in such district, all in proportion to the benefits received from the improvement by the several parcels of property. The amount of each assessment shall become a lien against the parcel of property so assessed as of date of its confirmation by the board of directors as hereinafter provided and shall thereupon become due and payable to the city. The assessment so made against property owned by the city, or by the United States of America, or the state of California, or the school district or other public agency, and devoted to public use, and the percentage or amount or portion, if any, which the board of directors may have declared in the resolution of intention should be paid by the city, shall be paid by the city out of such fund as the board of directors may direct.

(Ord. 2587 § 6, 1927)

A.

The chief engineer of the Pasadena water department shall provide a suitable record book entitled "Assessments and Liens for Water Main Extensions." In the book there shall be entered the name of each street in which any such main is laid; the name of the owner, if known, of each lot or portion thereof assessed, (if such owner is unknown the word "unknown" shall be substituted for the name of the owner); a description of such property as the same appears on the assessor's books of the city; the amount assessed against the property; the date of said assessment; the penalty for delinquency in the payment

thereof; the total amount chargeable against the property at date of sale thereof, if sold; date of sale; name of purchaser; date of redemption from such sale; name of redemptioner; amount paid to redeem same and date of deed to city, if made.

B.

No error in the name of the property owner and no error in the description of the property shall affect the validity of the lien provided for in this chapter, provided that the description is such that the property referred to may be identified therefrom.

(Ord. 2587 § 7, 1927)

When the entries in said book respecting any street have been made by the chief engineer of the Pasadena water department, as provided herein, he shall cause to be published notice thereof for 3 days in a daily newspaper published and circulated in the city.

(Ord. 2587 § 8, 1927)

Any property owner affected by proceedings taken under this chapter, feeling aggrieved by any act or determination of the chief engineer or the board of directors relating to such improvement, or who may claim that the main or mains have not been laid in a workmanlike manner, or having any objection to the correctness or legality of the entries in said record book of the chief engineer, may within 30 days after the first publication of the notice provided for in Section 13.28.090, make and file with the city clerk objections or protest in writing which shall briefly specify the grounds of his objection or protest. At the next regular meeting of the board of directors following the expiration of said 30 days, the chief engineer shall present to the board of directors the record book and the entries therein pertaining to such improvement and the city clerk shall at the same time present to the board of directors any and all relevant objections or protests which may have been duly filed. Thereupon, or at a time to which the matter may be adjourned, the board of directors shall consider such assessment and any objections and protests which may have been filed pertaining thereto, and may remedy or correct any error or informality in the proceedings and revise or correct any of the acts or determinations of the chief engineer, or other officer of the city, relating to said improvement, and may confirm, amend, set aside, alter, modify or correct the changes entered in said book in such manner as to it seems just. The decisions and determinations of the board of directors in such matters shall be final and conclusive upon all persons entitled to object or protest under the provisions of this section.

(Ord. 2587 § 9, 1927)

A.

No lien herein provided for shall be extinguished until the amount thereof together with costs and penalties accrued thereon is paid in full, or a valid deed of the property subject thereto is given by the city manager to the city, as hereinafter provided. Commencing in the 1st week in January and the 1st week in July of each year, the chief engineer of the Pasadena water department shall cause to be published for a period of 3 days in a daily newspaper, published and circulated in the city, a list of all such liens remaining due and unpaid on the 1st day of the month in which such publication is commenced. Such list shall contain the name of the owner of each parcel of property upon which there is due any assessment under this chapter or if the name of such owner does not appear in the book entitled "Assessments and Liens for Water Main Extensions," then the fact that such lien is entered against "unknown owner," a description of the property and the total amount necessary to satisfy each such lien, which shall include the proportion of the total cost of publishing the notice hereby required which one bears to the total number of liens so advertised. There shall be attached to said list a notice that unless each such lien is paid in full before 12 noon on the 1st Monday of the month next succeeding the month in which such list is published, five percent of the amount of each such lien shall be added thereto for delinquency, and that upon the Tuesday following the said Monday each parcel of property against which such lien remains unpaid will at the hour of 10 a.m., at the office of the Pasadena water department in the city of Pasadena, by operation of law and the declaration of the city manager, be sold to

the city for the amount of such lien, advertising cost and delinquency penalty. At any time prior to the time fixed for such sale, any such lien shall be canceled upon the payment to the city of the amount thereof plus such advertising cost and delinquency penalty as shall have accrued pursuant to the terms of such notice. The city manager shall, at the time and place fixed in said notice, declare each such parcel of property upon which the lien, costs and penalties so advertised remain unpaid to be sold to the city of Pasadena. The chief engineer of the Pasadena water department shall enter in the record book the date of each of said sales, the amount for which sold, and that such sale was made to the city.

B.

The cost of advertising herein referred to shall be deemed to have accrued at noon on the 1st day of January and the 1st day of July preceding the time when such advertising is to be done pursuant to the terms hereof.

(Ord. 2587 § 10, 1927)

A redemption of any parcel of property sold for delinquent assessment hereunder may be made at any time within 1 year from the date of sale, by paying to the Pasadena water department the amount for which the property is sold, and in addition thereto five percent if paid within 6 months; and 10 percent if paid within 12 months. When redemption is made, the chief engineer of the Pasadena water department shall note that fact in the book entitled "Assessments and Liens for Water Main Extensions," in an appropriate column, entering therein the date of redemption, the person by whom redeemed, and the amount paid. At the expiration of 12 months from the date of sale the city manager shall execute to the city a deed of the property sold, in which shall be recited a description of the property sold, the name of the owner thereof, as it appears in the book entitled "Assessments and Liens for Water Main Extensions," a statement that such property was sold for delinquent lien for extending a water main, the amount for which the property was sold, together with all penalties thereon, and the date of sale. The deed shall convey absolute title to the property therein described and be prima facie evidence of all matters therein recited, and the regularity of all proceedings prior to the execution thereof.

(Ord. 2587 § 11, 1927)