Santa Rosa Municipal Code Ch. 16-20 Curation

If any provision of this title or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect any other provision or such other application of such provision which can be given effect without such provision or application, and to this end the provisions of this title are declared to be severable.

(Ord. 3279 § 1, 1996)

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

(Ord. 3279 § 1, 1996)

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.

(Ord. 3279 § 1, 1996)

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 under this title, which does not directly affect the jurisdiction of the Council to levy the charges, shall void or invalidate such proceeding or any charge for the cost of any work or acquisition hereunder or for maintenance and operation. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the Council in accordance with the provisions hereof.

(Ord. 3279 § 1, 1996)

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. Proceedings commenced prior to the effective date of the ordinance adding this title to the code shall be valid as long as the resolution prescribing the charges is adopted after the ordinance becomes effective.

(Ord. 3279 § 1, 1996)

No charge, or assessment, 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 notice of hearing has been actually published as provided in this title.

(Ord. 3279 § 1, 1996)

No action, suit or proceedings to set aside, cancel, void, annul or correct any charge, or to review any of the proceedings, or to question the validity or to enjoin the collection of any charge, or other determination made on notice and hearing, shall be maintained by any person unless such action, suit or proceedings have been commenced within 30 days after the adoption by the Council of the resolution prescribing the charges, acquisition or improvement had been ordered or such assessment had been confirmed or other action taken.

(Ord. 3279 § 1, 1996)

No defense based on invalidity or irregularity in any such proceedings shall be raised or pleaded after the expiration of such 30 day period.

(Ord. 3279 § 1, 1996)

The Council, at any time after the adoption of the resolution prescribing the charges, may bring an action in the Superior Court of the State of California in and for Sonoma County, to determine the validity of any such proceedings, or of the charges levied or to be levied, or of any bonds issued or to be issued.

(Ord. 3279 § 1, 1996)

Chapter 9 (commencing with Section 860), Title 10, Part 2, California Code of Civil Procedure, shall apply.

(Ord. 3279 § 1, 1996)