Earlier editions: 2026-07
Title 4 — Revenue, Finance and Purchasing
Santa Barbara Municipal Code Ch. 4.65 Seismic Safety Assessment District Program
Santa Barbara Municipal Code · 2026-10 edition · updated 2026-10-04 · Santa Barbara
Cite as: Santa Barbara Municipal Code Chapter 4.65 · Text as of 2026-10-04
§ 4.65.010. Procedure for Levy of Assessments and Issuance of Bonds for Buildings…¶
Assessments may be levied and bonds may be issued in accordance with this chapter for the purpose of funding rehabilitation and repair work necessary to bring buildings in the City into compliance with the Regulations (which shall be defined as the requirements of Chapter 22.18 of the Santa Barbara Municipal Code.).
(Ord. 4735, 1991)
§ 4.65.020. Improvement District Procedures - Municipal Improvement Act of 1913 and…¶
A. Establishing Improvement Districts. Subject to the provisions of Section 4.65.010, whenever the public interest and necessity so require, the City Council may, acting pursuant to this chapter, by resolution or resolutions, establish improvement districts, levy assessments therein, issue bonds or other evidences of indebtedness, and take any and all other actions authorized hereby to provide funds to finance the acquisition, construction, establishment, improvement, installation, or renovation of any improvements of benefit to the improvement districts so established.
B. Necessary Procedures. The procedures for such undertakings shall (except as in this chapter otherwise expressly provided) be the procedures set forth in the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code, commencing with Section 10000) and in the Improvement Bond Act of 1915 (Division 10 of the California Streets and Highways Code, commencing with Section 8500) and all other statutes of the State of California referred to therein or which refer to said Municipal Improvement Act of 1913 or said Improvement Bond Act of 1915, as the same are in effect on the date of introduction of this chapter and as such statutes may hereafter be amended; provided, that any provision of the Streets and Highways Code of the State of California amended, revised or deleted pursuant to Sections 4.65.040 and 4.65.060 hereof shall only be further amended, revised or deleted by amendment, revision or deletion to this chapter made by the City Council. All of the provisions of said statutes are incorporated in this chapter by reference and made a part hereof.
(Ord. 4735, 1991)
§ 4.65.030. Contracts for Construction of Privately Owned Improvements - Supplement to…¶
Subject to the provisions of Section 4.65.010, notwithstanding any other provision of law, whenever the public interest and necessity so require, and upon such terms and conditions as the City Council shall determine, the City, may pay or cause to be paid amounts payable under contracts between private owners of property on which improvements are constructed or to be constructed hereunder, or may reimburse the private property owners for such payments. Subject to said terms and conditions, said payments may be made in the amounts, at the times and upon the conditions as provided in said contracts. If the City Council so provides in the Resolution of Intention, such payments or reimbursements may be made contingent upon satisfactory completion of the improvements.
(Ord. 4735, 1991)
§ 4.65.040. Municipal Improvement Act of 1913 - Amendments and Deletions.¶
Certain provisions of the California Streets and Highways Code, as incorporated in this chapter, are revised or deleted, as follows:
A. Definitions.
Section 10003 of the California Streets and Highways Code is amended to read that "Municipality" and "City" shall mean the City of Santa Barbara, California.
Section 10004 of the California Streets and Highways Code is amended to read that "Legislative body" shall mean the City Council of the City of Santa Barbara.
Section 10010 of the California Streets and Highways Code is amended to read that "Acquisition" (or any of its variants) shall mean and includes one or more of the following:
a. All or any portion of any privately owned works, improvements, appliances or facilities, necessary to bring unreinforced masonry buildings in the City into compliance with the Regulations. Said improvements may be acquisitions hereunder whether or not they are in existence and installed in place on or before the date of adoption of the resolution of intention for the acquisition thereof;
b. Electric current, gas or other illuminating agent for power or lighting service incidental to the works described in paragraph (a) above;
c. Any real property, rights-of-way, easements or interests in real property, acquired or to be acquired by gift, purchase or eminent domain, and which are necessary or convenient in connection with the construction or operation of any work or improvement described in paragraph (a);
d. The payment in full of all amounts necessary to eliminate any fixed special assessment liens previously imposed upon any assessment parcel included in the new assessment district. The cost of such payment shall be included in the new assessment on such parcel. This subdivision shall be applicable only in cases where such acquisition is incidental to other acquisitions or improvements.
- Acquire - Acquisition. As used herein with respect to any improvements, the term "acquire" or the term "acquisition" shall refer to improvements to be financed hereunder to be acquired by the owner of the property to be improved, and shall not refer to the acquisition by the City of any improvements or property.
B. Substantive Changes.
- Section 10100 of the California Streets and Highways Code is hereby amended to read as follows:
Section 10100. Authorized improvements.
Whenever the public convenience and necessity require, the City may pay the cost of all work and improvements, whether acquired, owned, installed, constructed, authorized or undertaken by any Owner which are necessary or incidental to comply with the Regulations.
- Section 10112 of the California Streets and Highways Code is amended to read as follows:
Section 10112. Preliminary steps as improvements.
In the case of any proposal for the construction or acquisition of improvements pursuant to this division, the preliminary steps for the proposal, including, but not limited to, environmental impact reports, feasibility studies, engineering plans, cost estimates, legal expenses, the cost of title searching, description writing, salaries of right-of-way agent, appraisal fees, partial reconveyance fees, surveys, sketches, maps, expenses incident to property acquisition, costs of obtaining necessary governmental permits and elections may themselves be deemed, in the discretion of the legislative body, to be improvements within the meaning of this division.
- Paragraph (b) of Section 10204 of the California Streets and Highways Code is amended to read as follows:
(b) A general description of works or appliances already installed or being installed or to be installed and any other property necessary or convenient for the operation of the improvement, if the works, appliances, or property are to be acquired as part of the improvement. In the case of the acquisition of improvements being or to be installed pursuant to contracts executed by any developer or landowner, a schedule showing, as of the date of adoption of the resolution of intention, the total amount paid on such contracts, the estimated schedule of payments remaining under the contracts, and the estimated completion date for each phase of the construction of the improvements to be acquired.
- Section 10301 of the California Streets and Highways Code is amended to read as follows:
Section 10301. Hearing of protests; time and place; notice.
After preliminarily approving the report, the legislative body by resolution shall appoint a time and place for hearing protests to the proposed improvements and acquisitions and shall direct the clerk of the legislative body to give notice of the hearing as provided in this chapter, and shall designate a newspaper of general circulation in which the notice shall be published. The hearing shall be held not less than 30 days after the passage of the resolution.
- Sections 10009, 10104 and 10700-10706 of the California Streets and Highways Code are not incorporated in this chapter and shall not be applicable to the doing of work, the acquisition of improvements, and the issuance of bonds pursuant to this chapter.
(Ord. 4735, 1991)
§ 4.65.050. Alternate Assessment Collection Procedures - Supplement to Improvement Bond…¶
As a complete and alternative method of collecting the assessment and installments thereof under this chapter, the City may by resolution establish a collection procedure not requiring that the assessment or installments thereof be collected on the tax rolls of the County of Santa Barbara; provided, that such alternative collection procedure shall be described in the Resolution of Intention adopted hereunder.
(Ord. 4735, 1991)
§ 4.65.060. Improvement Bond Act of 1915 - Amendments and Deletions.¶
A. Definitions. Certain provisions of the California Streets and Highways Code, as incorporated in this chapter, are revised or deleted, as follows:
Section 8503 of the California Streets and Highways Code is amended to read as follows: Section 8503. City. "City" means the City of Santa Barbara.
Section 8504 of the California Streets and Highways Code is amended to read as follows:
Section 8504. Legislative body. "Legislative body" means the City Council of the City of Santa Barbara.
B. Substantive Changes.
- Section 8573 of the California Streets and Highways Code is amended to read as follows: Section 8573. Form of bond declaration. The bond declaration in the resolution of intention, assessment, and notice of recording the assessment may be substantially in the following form:
Notice is hereby given that serial or term bonds, or both, to represent unpaid assessments, and to bear interest at the rate of not to exceed 14% per annum, will be issued hereunder in the manner provided by the City of Santa Barbara Seismic Assessment Program, which incorporates by reference certain provisions of Division 10 of the Streets and Highways Code, the Improvement Bond Act of 1915, and the last installment of such bonds shall mature Thirty-five years from the second day of September next succeeding 12 months from their date.
- Section 8650 of the California Streets and Highways Code is amended to read as follows: Section 8650. Issuance in series; principal and interest payments; interest rate. Except as the legislative body shall otherwise provide pursuant to Section 8650.1, the bonds shall be issued in series and an even annual proportion of the aggregate principal sum thereof shall be payable on the first day of August every year succeeding the first 12 months after their date, until the whole is paid. The bonds shall bear interest at a rate not in excess of the maximum rate permitted by law from the 31st day after recording the assessment, or from their date if the work was done under the Municipal Improvement Act of 1913, on all sums unpaid, until the whole of the principal sum and interest are paid.
Interest shall be payable semiannually on the first day of February and August, respectively, of each year. The first payment of interest shall become due on the interest payment date which is six months before the maturity of the first series of bonds, but, if any portion of the interest is funded, the legislative body may specify that the first payment of interest shall become due on any earlier interest payment date following the date of the bonds. Interest shall be payable to the registered holders of the bonds as their names and addresses appeared on the registration records of the City or its registration agent on the 15th day of the month preceding the interest payment date.
Section 8651.5. of the California Streets and Highways Code is amended to read as follows: Section 8651.5. Redemption; redemption premium. Each bond, or any portion of the bond in a fixed amount or any integral multiple of the fixed amount, shall be subject to redemption in advance of its maturity on any interest payment date upon payment to the registered owner of the principal and accrued interest to the date of redemption together with a redemption premium, if any, as determined by the legislative body, but not to exceed five percent of the principal. At or before issuance of the bonds, the legislative body may reduce the redemption premium to an amount equal to not less than zero percent of the principal.
Section 8652 of the California Streets and Highways Code is amended to read as follows: Section 8652. Form. The bonds shall be substantially in the following form, subject to such changes thereto as the legislative body shall deem necessary or desirable:
United States of America State of California County of Santa Barbara
| REGISTERED | |||
|---|---|---|---|
| Number | $ | ||
| LIMITED OBLIGATION IMPROVEMENT BOND | LIMITED OBLIGATION IMPROVEMENT BOND | LIMITED OBLIGATION IMPROVEMENT BOND | LIMITED OBLIGATION IMPROVEMENT BOND |
| City of Santa Barbara | City of Santa Barbara | City of Santa Barbara | City of Santa Barbara |
| SERIES NO. ________ | SERIES NO. ________ | SERIES NO. ________ | SERIES NO. ________ |
| INTEREST RATE PRINCIPAL AMOUNT: REGISTERED OWNER: | MATURITY DATE | BOND DATE | CUSIP NUMBER |
| REGISTERED | |||
|---|---|---|---|
| Under and by virtue of its Charter, Ordinance No. ________ duly adopted by the City Council of the City of Santa Barbara on _____, 20 and, to the extent incorporated in said Ordinance, the Improvement Bond Act of 1915, Division 10 (commencing with Section 8500 ) of the Streets and Highways Code (collectively, the "Act"), the City of Santa Barbara, County of Santa Barbara, State of California (the "City"), will, out of the redemption fund for the payment of the bonds issued upon the unpaid portion of assessments made for the acquisition, work, and improvements more fully described in proceedings taken pursuant to Resolution of Intention No. ______, adopted by the Council of the City on the _____ day of ____, 20 (as later amended), pay to the registered owner set forth above or registered assigns, on the maturity date stated above, the principal sum set forth above, in lawful money of the United States of America and in like manner will pay interest from the interest payment date next preceding the date on which this bond is authenticated, unless this bond is authenticated and registered as of an interest payment date, in which event it shall bear interest from such interest payment date, or unless this bond is authenticated and registered prior to , 20 (first interest payment date), in which event it shall bear interest from its date, until payment of such principal sum shall have been discharged, at the rate per annum stated above, payable semiannually on February 1 and August 1 in each year commencing on August 1, 20. Both the principal hereof and redemption premium hereon are payable at ____________ as Transfer Agent, Registrar, and Paying Agent, in __________, California, and the interest hereon is payable by check or draft mailed to the owner hereof at the owner's address as it appears on the records of the ___________ (City or registration agent) or at such address as may have been filed with the _____ (City or registration agent) for that purpose, as of the 15th day of the month immediately preceding each interest payment date. | Under and by virtue of its Charter, Ordinance No. ________ duly adopted by the City Council of the City of Santa Barbara on _____, 20 and, to the extent incorporated in said Ordinance, the Improvement Bond Act of 1915, Division 10 (commencing with Section 8500 ) of the Streets and Highways Code (collectively, the "Act"), the City of Santa Barbara, County of Santa Barbara, State of California (the "City"), will, out of the redemption fund for the payment of the bonds issued upon the unpaid portion of assessments made for the acquisition, work, and improvements more fully described in proceedings taken pursuant to Resolution of Intention No. ______, adopted by the Council of the City on the _____ day of ____, 20 (as later amended), pay to the registered owner set forth above or registered assigns, on the maturity date stated above, the principal sum set forth above, in lawful money of the United States of America and in like manner will pay interest from the interest payment date next preceding the date on which this bond is authenticated, unless this bond is authenticated and registered as of an interest payment date, in which event it shall bear interest from such interest payment date, or unless this bond is authenticated and registered prior to , 20 (first interest payment date), in which event it shall bear interest from its date, until payment of such principal sum shall have been discharged, at the rate per annum stated above, payable semiannually on February 1 and August 1 in each year commencing on August 1, 20. Both the principal hereof and redemption premium hereon are payable at ____________ as Transfer Agent, Registrar, and Paying Agent, in __________, California, and the interest hereon is payable by check or draft mailed to the owner hereof at the owner's address as it appears on the records of the ___________ (City or registration agent) or at such address as may have been filed with the _____ (City or registration agent) for that purpose, as of the 15th day of the month immediately preceding each interest payment date. | Under and by virtue of its Charter, Ordinance No. ________ duly adopted by the City Council of the City of Santa Barbara on _____, 20 and, to the extent incorporated in said Ordinance, the Improvement Bond Act of 1915, Division 10 (commencing with Section 8500 ) of the Streets and Highways Code (collectively, the "Act"), the City of Santa Barbara, County of Santa Barbara, State of California (the "City"), will, out of the redemption fund for the payment of the bonds issued upon the unpaid portion of assessments made for the acquisition, work, and improvements more fully described in proceedings taken pursuant to Resolution of Intention No. ______, adopted by the Council of the City on the _____ day of ____, 20 (as later amended), pay to the registered owner set forth above or registered assigns, on the maturity date stated above, the principal sum set forth above, in lawful money of the United States of America and in like manner will pay interest from the interest payment date next preceding the date on which this bond is authenticated, unless this bond is authenticated and registered as of an interest payment date, in which event it shall bear interest from such interest payment date, or unless this bond is authenticated and registered prior to , 20 (first interest payment date), in which event it shall bear interest from its date, until payment of such principal sum shall have been discharged, at the rate per annum stated above, payable semiannually on February 1 and August 1 in each year commencing on August 1, 20. Both the principal hereof and redemption premium hereon are payable at ____________ as Transfer Agent, Registrar, and Paying Agent, in __________, California, |
| REGISTERED | |||
|---|---|---|---|
| and the interest hereon is payable by check or draft mailed to the owner hereof at the owner's address as it appears on the records of the ___________ (City or registration agent) or at such address as may have been filed with the _____ (City or registration agent) for that purpose, as of the 15th day of the month immediately preceding each interest payment date. | Under and by virtue of its Charter, Ordinance No. ________ duly adopted by the City Council of the City of Santa Barbara on _____, 20 and, to the extent incorporated in said Ordinance, the Improvement Bond Act of 1915, Division 10 (commencing with Section 8500 ) of the Streets and Highways Code (collectively, the "Act"), the City of Santa Barbara, County of Santa Barbara, State of California (the "City"), will, out of the redemption fund for the payment of the bonds issued upon the unpaid portion of assessments made for the acquisition, work, and improvements more fully described in proceedings taken pursuant to Resolution of Intention No. ______, adopted by the Council of the City on the _____ day of ____, 20 (as later amended), pay to the registered owner set forth above or registered assigns, on the maturity date stated above, the principal sum set forth above, in lawful money of the United States of America and in like manner will pay interest from the interest payment date next preceding the date on which this bond is authenticated, unless this bond is authenticated and registered as of an interest payment date, in which event it shall bear interest from such interest payment date, or unless this bond is authenticated and registered prior to , 20 (first interest payment date), in which event it shall bear interest from its date, until payment of such principal sum shall have been discharged, at the rate per annum stated above, payable semiannually on February 1 and August 1 in each year commencing on August 1, 20. Both the principal hereof and redemption premium hereon are payable at ____________ as Transfer Agent, Registrar, and Paying Agent, in __________, California, and the interest hereon is payable by check or draft mailed to the owner hereof at the owner's address as it appears on the records of the ___________ (City or registration agent) or at such address as may have been filed with the _____ (City or registration agent) for that purpose, as of the 15th day of the month immediately preceding each interest payment date. |
| REGISTERED | |||
|---|---|---|---|
| This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ground that there are not sufficient moneys in said redemption fund with which to pay same. If it is not presented at maturity, interest thereon will run until maturity. | |||
| This bond shall not be entitled to any benefit under the Act or the Resolution Authorizing Issuance of Bonds (the "Resolution of Issuance"), or become valid or obligatory for any purpose, until the certificate of authentication and registration hereon endorsed shall have been dated and signed by the ____________ (issuing agency or registration agent). | |||
| IN WITNESS WHEREOF, said City of Santa Barbara has caused this bond to be signed in facsimile by the Treasurer of said City and by its Clerk, and has caused its corporate seal to be reproduced in facsimile hereon all as of the ________ day of _, 20. | |||
| CITY OF SANTA BARBARA | CITY OF SANTA BARBARA | CITY OF SANTA BARBARA | CITY OF SANTA BARBARA |
| Clerk __________ | Clerk __________ | Treasurer _________ | Treasurer _________ |
| [SEAL] | [SEAL] | [SEAL] | [SEAL] |
| Certificate of Authentication and Registration. | |||
| This is one of the bonds described in the within mentioned Resolution of Issuance, which has been authenticated and registered on ___________ By ___________ | |||
| ADDITIONAL PROVISIONS OF THE BOND | ADDITIONAL PROVISIONS OF THE BOND | ADDITIONAL PROVISIONS OF THE BOND | ADDITIONAL PROVISIONS OF THE BOND |
| REGISTERED | |||
|---|---|---|---|
| This bond is one of several annual series of bonds of like date, tenor, and effect, but differing in amounts, maturities, and interest rates, issued by the City under the Act and the Resolution of Issuance, for the purpose of providing means for paying for the improvements described in the proceedings, and is secured by the moneys in said redemption fund and by the unpaid portion of said assessments made for the payment of said improvements, and, including principal and interest, is payable exclusively out of said fund. | |||
| This bond is transferable by the registered owner hereof, in person or by the owner's attorney duly authorized in writing, at the office of _______ (issuing agency or its registration agent), subject to the terms and conditions provided in the Resolution of Issuance, including the payment of certain charges, if any, upon surrender and cancellation of this bond. Upon such transfer, a new registered bond or bonds, of any authorized denomination or denominations, of the same maturity, for the same aggregate principal amount, will be issued to the transferee in exchange therefor. | |||
| Bonds shall be registered only in the name of an individual (including joint owners), a corporation, a partnership, or a trust. | |||
| Neither the issuing agency nor the registration agent shall be required to make such exchange or registration of transfer of bonds after the 15th day of the month immediately preceding any interest payment date. |
| REGISTERED | |||
|---|---|---|---|
| The issuing agency and the registration agent may treat the owner hereof as the absolute owner for all purposes, and the issuing agency and the registration agent shall not be affected by any notice to the contrary. | |||
| This bond or any portion of it in the amount of $5,000.00, or any integral multiple thereof, may be redeemed and paid in advance of maturity upon the first day of February or August in any year by giving at least 30 days' notice by registered or certified mail or by personal service to the registered owner hereof at the owner's address as it appears on the registration books of the ________ (issuing agency or registration agent) by paying principal and accrued interest together with a premium equal to _____ percent of the principal. | |||
| The City Council of the City of Santa Barbara has determined not to obligate itself to advance funds from the City treasury to cure any deficiency in the bond redemption fund. | |||
| [This bond is not subject to refunding pursuant to the procedures of Division 11 (commencing with Section 9000) or Division 11.5 (commencing with Section 9500 ) of the Streets and Highways Code prior to_______.] | |||
| I hereby certify that the following is a correct copy of the signed legal opinion of _____ (City Clerk). |
Section 8682 of the California Streets and Highways Code is amended to read as follows: Section 8682. Auditor's record of unpaid assessment; collection costs. A copy of the order of the legislative body determining the assessments remaining unpaid and upon the security of which bonds are issued shall be filed in the office of the county auditor. The county auditor shall keep a record in his or her office showing the several installments of principal and interest on the assessments which are to be collected in each year during the term of the bonds. The county auditor shall annually enter in his or her assessment roll on which taxes will next become due, opposite each lot or parcel of land affected in a space marked "seismic improvement assessment," or by other suitable designation, the several installments of the assessment coming due during the fiscal year covered by the assessment roll, including in each case the interest due on the total unpaid assessments. The county auditor shall also add a maximum of five percent of the amount of the installments and of the interest so entered, not to exceed the City treasurer's estimate of the expenses of collection. The expenses of collection shall include necessary administrative expenses of the City incurred in providing the county auditor with current information regarding the ownership or division of the affected lots or parcels of land to ensure the proper entry by the county auditor in his or her assessment roll of the several installments of the assessment coming due during the fiscal year covered by the assessment roll and the timely collection of the installments. The percentages, and the amount represented by the installments, when collected shall belong to the City and shall cover the expenses and compensation of the City treasurer incurred in the collection of the assessments, and of the interest and penalties added on to the assessments. No other percentage or amount shall be claimed by the legislative body for the collections.
Section 8683 of the California Streets and Highways Code is amended to read as follows: Section 8683. County collection for cities; report; expenses. If collections of assessments are made by county officials, the City shall request in writing the county auditor to render, within 90 days after each installment becomes delinquent, to the City a detailed report showing the amounts of the installments, interest, penalties, and percentages so collected on each proceeding and from what property collected, identifying any properties which are delinquent and the amount and length of time in arrears, and also giving a statement of the percentages retained for the expenses of making such collections.
Section 8775 of the California Streets and Highways Code is amended to read as follows: Section 8775. Temporary redemption fund deficiency; priority for payment. Unless the legislative body shall by resolution adopt an alternative procedure, if a deficiency occurs in the redemption fund with which to pay past due bonds, past due interest, or bonds or interest which will become due during the current tax collecting year, but it does not appear to the treasurer that there will be an ultimate loss to the bondholders, he or she shall pay matured bonds as presented and make interest payments when due as long as there are available funds in the redemption fund, in the following order of priority:
a. All matured interest payments shall be made before the principal of any bonds is paid.
b. Interest on bonds of earlier maturity shall be paid before interest on bonds of later maturity.
c. Within a single maturity, interest on lower-numbered bonds shall be paid before interest on higher-numbered bonds.
d. The principal of bonds shall be paid in the order in which the bonds are presented for payment. Any bond which is presented but not paid shall be assigned a serial number according to the order of presentment and shall be returned to the bondholder.
| Bonds not paid when presented, and interest payments not paid when due, shall bear interest at the rate stated in the bonds, without compounding, until paid. |
|---|
- Sections 8689, 8804 and 8809 of the Streets and Highways Code are not incorporated in this chapter and shall not be applicable to the doing of work, the acquisition of improvements and the issuance of bonds pursuant to this chapter.
(Ord. 4735, 1991)
§ 4.65.070. Tax Exempt Status.¶
To the extent provided by the Constitution and statutes of the State of California, the interest on the bonds shall be exempt from taxation in California.
(Ord. 4735, 1991)
§ 4.65.080. Scope and Construction of Chapter Provisions.¶
The powers conferred upon the City Council by the provisions of this chapter are in addition to and supplemental to the powers conferred by any other ordinance or by law. The improvements designated in this chapter may be constructed, reconstructed, acquired, improved, bettered and extended with moneys advanced for that purpose in accordance with the provisions of this chapter, notwithstanding any other law and without regard to the requirements, restrictions, limitations or provisions contained in any other law.
(Ord. 4735, 1991)
§ 4.65.090. Reference to Division.¶
Whenever reference is made in any of the statutes of the state incorporated herein to the issuance of bonds pursuant to a specified division of the California Streets and Highways Code, such reference shall also be deemed to include this chapter in the issuance of bonds pursuant to the division referred to.
(Ord. 4735, 1991)
§ 4.65.100. Contest of Validity; Limitation of Actions; Time for Appeal.¶
The validity of an assessment or supplementary assessment levied under this chapter shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the assessment is levied. Any appeal from a final judgment in such an action or proceeding shall be perfected within 30 days after the entry of judgment.
(Ord. 4735, 1991)
§ 4.65.110. Construction of Chapter; Validation of Proceedings and Assessments.¶
This chapter shall be liberally construed in order to effectuate its purposes. No error, irregularity, informality, and no neglect or omission of any officer, in any procedure taken under this chapter, which does not directly affect the jurisdiction of the legislative body to order the work or improvement, shall avoid or invalidate such proceeding or any assessment for the cost of work done thereunder. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the legislative body in accordance with the provisions of this chapter.
(Ord. 4735, 1991)
§ 4.65.120. Amendments.¶
This chapter may be amended at any time for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision herein contained, as the City may deem necessary or desirable as long as such amendment does not (i) materially impair or adversely affect the interests of any owner within an improvement district established pursuant to the provisions hereof in a manner inconsistent with the provisions hereof without the written consent of such owner, or (ii) materially impair or adversely affect the interests of any owner of bonds payable from assessments levied hereunder, without the written consent of such bond owner.
(Ord. 4735, 1991)
§ 4.65.130. Inconsistent Provisions.¶
Any provisions of the Santa Barbara Municipal Code or appendices thereto or any other ordinances of the City inconsistent herewith shall not apply to proceedings or improvements hereunder.
(Ord. 4735, 1991)
§ 4.65.140. Chapter to be Liberally Construed.¶
This chapter, being necessary for the health, welfare and safety of the City and its residents, shall be liberally construed in order to effectuate its purposes. No error, irregularity or informality, and no neglect or omission of any officer, in any procedure taken under this chapter, which does not directly affect the jurisdiction of the City Council to order the work or improvements, shall avoid or invalidate such proceeding or any assessment thereunder. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the City Council.
(Ord. 4735, 1991)
§ 4.65.150. No Liability of City.¶
The formation of an improvement district and the issuance of bonds to finance the improvements shall not subject the City to liability under any state, federal or local law for any cause of action which may be brought with respect to the improvements installed or constructed pursuant to this chapter. Such improvements shall at all times be private improvements owned, built, controlled, operated and maintained by the private owners and will not be public improvements for purposes of determining the liability of the City.
(Ord. 4735, 1991)
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