Chapter 16.05 LOCAL IMPROVEMENTS

(a) "Acquisition" or "improvement," when used, referring to that which is done, which is to be done, or which may be done under proceedings had under this Code, shall be understood to be generic and as being employed for the purpose of brevity and to avoid repetition, and shall refer to and include any or all of the things comprehended in the meaning of the words "acquire" and "improve" herein. Acquisition may be by gift, purchase, lease or eminent domain, and may be before, while or after it comes into being in relation to the resolution of intention.

(b) "Block," whether it be a regular or irregular block, means a parcel larger than a lot which is bounded by a street or a boundary line of some other parcel which is not a part of it.

(c) "Contractor" shall mean the person, organization, business trust or contracting owners or their agents to whom a contract for the performance of any work authorized is awarded.

(d) "General law" or the word "act" or the reference to any law or act by its title shall mean an enactment of the legislature of the State. Unless otherwise provided in this title such law shall be as now or hereafter amended or codified at the time of adopting the resolution of intention in proceedings under this title.

(e) The terms "lot," "land," "piece" or "parcel of land," whether used singly or in combination, shall include property owned or controlled by any person.

(f) "Owner" shall mean the person owning the fee or the person in whose name the legal title to the property appears, by deed duly recorded in the County Recorder's office of the County in which the property is situated or the person in possession of the property or buildings under claim of ownership or exercising acts of ownership over the same for himself/herself or as life tenant, as the executor, administrator or guardian of the owner. If the property is leased, the possession of the tenant or lessee holding and occupying such property shall be deemed to be the possession of the owner.

(g) "Parking place" shall include a parking lot, garage or subsurface structure, including the grading, paving, draining, sewering, lighting or otherwise improving of such lot and the buildings and improvements necessary or convenient for the parking of motor vehicles, including parking meters and other equipment and facilities necessary or convenient therefor, together with provisions necessary or convenient for ingress to and egress from such places.

(h) "Paved" or "repaved" shall include pavement of any commonly used paving material.

(i) "Place" shall include any public street, alley or easement or other public property which has been dedicated and accepted or is otherwise publicly owned according to law or which has been in common and undisputed use by the public for a period of not less than five years next preceding or which is sought to be acquired in any proceeding undertaken pursuant to this title or which is sought to be acquired in conjunction with any proceeding undertaken pursuant to this title.

(j) "Project" or "improvement," when used in the generic sense, shall mean the acquisition or improvement undertaken in a singular proceeding.

(k) "Quarter block," when used with reference to an irregular block, shall include all lots or portions of lots having any frontage on either intersecting street halfway from such intersection to the next street or, if no street intervenes, to a boundary line of some other parcel which is not a part of that block.

(l) "Street" shall include avenues, highways, lanes, alleys, crossings or intersections and courts which have been dedicated and accepted according to law or which have been in common and undisputed use by the public for a period of not less than five years next preceding or which have been dedicated to a semipublic use.

(m) "Work" or "improvement," whether used singly or in combination, shall mean and include any work which is authorized to be done or any improvement which is authorized to be made under this title, as well as the construction, reconstruction and repair of all or part of any such work or improvement. (Ord. 859 § 32; Ord. 1175 § 1, 11-7-67. Formerly § 16-1).

16.05.020 Title.

This title shall be cited and referred to as the "Santa Clara Improvement Procedure Code." (Ord. 859 § 1. Formerly § 16-2).

16.05.030 Proceedings generally.

Proceedings for the acquisition or construction of any public improvement or property of a local nature or the acquisition of lands, easements, buildings, improvements or property may be had pursuant to this title, whether or not provided in any general law of the State. (Ord. 859 § 3. Formerly § 16-3).

16.05.040 Proceedings pending at time of adoption of title.

This title shall not apply to any proceedings in which the resolution of intention was adopted prior to the effective date hereof, excepting proceedings for a supplemental assessment, a reassessment or a refunding and the curative provisions hereof. (Ord. 859 § 4. Formerly § 16-4).

16.05.050 Procedure outlined alternative.

The procedures or bond plans provided in this title are alternative. (Ord. 859 § 5. Formerly § 16-5).

16.05.060 State law to be supplemental to title in certain cases.

The provisions of this title shall not be exclusive, but the resolution of intention in any proceeding under an act or general law of the State may provide that such act or general law is supplemental by any part of this title. (Ord. 859 § 6. Formerly § 16-6).

16.05.070 Title to control where conflicting State law exists.

The provisions of this title shall be controlling over the provisions of any general law or act of the State in conflict herewith in any proceeding taken hereunder. (Ord. 859 § 8. Formerly § 16-7).

16.05.080 Proceedings governed by State law.

In the event any proceeding had pursuant to this title shall be adjudged a State affair, it is hereby declared to be the intention that such proceedings were had pursuant to the general laws of the State cited in the provisions of this title. (Ord. 859 § 10. Formerly § 16-8).

16.05.090 More than one improvement, etc., may be had in single proceeding.

One or more acquisitions or improvements may be had in a single proceeding. (Ord. 859 § 11. Formerly § 16-9).

16.05.100 Chapter 16.05 SCCC controlling over other provisions of title.

This chapter is supplemental to and controlling over the provisions of any other provision of this title in conflict therewith. (Ord. 859 § 12. Formerly § 16-10).

16.05.110 "Incidental expenses" defined.

(a) The term "incidental expenses," when referring to proceedings for an acquisition, shall be deemed to mean and shall include the following expenses incurred under this title:

(1) The amounts awarded to defendants by interlocutory judgments.

(2) The costs of any defendants.

(3) The compensation and expenses of referees, as allowed by court.

(4) All costs of the plaintiff in an action and expenses incurred by it in the trial thereof, including the compensation paid expert appraisers and witnesses.

(5) All expenses necessarily incurred in connection with proceedings under this title for publication, mailing and posting of resolutions, notices and orders in any of such proceedings.

(6) For maps, plats, surveys, searches and certificates of title to the property to be acquired.

(7) The compensation of the attorney.

(8) The compensation of the engineer.

(9) The clerical, stenographic and printing expenses incident to the actions.

(10) The estimated cost of preparing and selling the bonds.

(11) Any other expenses incurred by authority of this title; or

(b) The term "incidental expenses," when referring to proceedings for an improvement, shall be deemed to mean and shall include expenses necessarily incurred in such proceedings under this title and shall include the following:

(1) For the publication, mailing and posting of resolutions, notices and orders in any of such proceedings.

(2) The compensation of the attorneys.

(3) The compensation of the superintendent of work.

(4) The compensation of the engineers.

(5) The estimated cost of preparing the bonds.

(6) Any other expenses incurred by authority of this title or incidental to the completion of the improvement in the manner herein specified. (Ord. 859 §§ 40, 41. Formerly § 16-11).

16.05.120 Resolution of intention – References to title to be included therein.

The resolution of intention shall specify the parts of this title pursuant to which the proceedings therein are taken. (Ord. 859 § 50. Formerly § 16-12).

16.05.130 References to title in later notices or orders, etc.

In all resolutions, notices, orders and determinations subsequent to the resolution of intention and the notice of improvement, it shall be sufficient to refer to the resolution of intention by number for a description of the work or improvement. (Ord. 859 § 51. Formerly § 16-13).

16.05.140 Waiver of objections when not made timely.

All objections not made within the time and manner provided in this title are waived. (Ord. 859 § 161. Formerly § 16-14).

16.05.150 Decisions and determinations of City Council final.

All decisions and determinations of the City 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. 859 § 162. Formerly § 16-15).

16.05.160 Notice of award – Effect of State law.

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 therein, shall have like curative effect as the "Notice of Award" under the Improvement Act of 1911. (Ord. 859 § 163. Formerly § 16-16).

16.05.170 Title to be construed liberally – Effect of errors or omissions, etc. – Exclusive remedy of aggrieved parties.

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 improvements 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 City Council in accordance with the provisions of this title.

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, publishing or mailing or procuring the same of any notice, resolution, order or other matter when such notice is actually given for the time required.

No assessment, reassessment, supplemental assessment, warrant, diagram or bond or any other levy or issuance and no proceedings for the 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 improvements have been actually published as provided in this title.

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 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. 859 §§ 164 – 167. Formerly § 16-17).

16.05.180 Limitation of actions generally – Ad valorem or other levy – Defenses.

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 (30) days after the acquisition or improvement had been ordered or such assessment shall have been confirmed.

Where such proceedings are for an annual ad valorem or other benefit levy, the period shall be thirty (30) days after the ordering of such with reference to such levy as to any levy and thirty (30) days after ordering the issuance of such bonds with reference to their issuance as to any bonds. If such action or suit is not brought within the time specified in this section, all persons shall be barred from any such action.

No defense based on invalidity or irregularity in any such proceedings shall be raised or pleaded after the expiration of such thirty (30) day period. (Ord. 859 §§ 168 – 170; Ord. 1277 § 1, 8-7-73. Formerly § 16-18).

16.05.190 Validation, procedure generally – Application of State law.

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 such warrants or award of such bonds to him; may bring an action in the Superior Court of the State 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 such bonds issued or to be issued.

The validation procedure of Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure shall apply. (Ord. 859 §§ 171, 172; Ord. 1277 § 2, 8-7-73. Formerly § 16-19).

Article II. Notices

16.05.200 Provisions of article sufficient to give validity to proceedings.

No notice, nor any publication of any notice, order, resolution or other matter, other than that expressly provided for in this title, shall be necessary to give validity to any proceedings provided for in this title. (Ord. 859. Formerly § 16-20).

16.05.210 Clerk required to give notice where no other person designated to do same.

Whenever any notice, resolution, order or other matter is required to be published, posted or mailed, and the duty of posting, publishing, mailing or procuring the same is not specifically enjoined upon any officer or person, the Clerk shall post or procure the publication or posting thereof, as the case may be. (Ord. 859. Formerly § 16-21).

16.05.220 Publication generally – Time of hearing after same.

Notices, resolutions or other documents required to be published shall be published twice in a newspaper of general circulation in the City. If any hearing is therein noticed, such hearing shall be had not less than ten days after the first publication unless a shorter time is provided by the general law. (Ord. 859. Formerly § 16-22).

16.05.230 Posting or mailing – When necessary.

It shall not be necessary to post or mail any notice, resolution or other document or make or file any affidavit in regard thereto, unless no publication is provided or posting or mailing is necessary to provide jurisdiction. In such event, said posting or mailing shall be at least ten days prior to any hearing provided therein unless a shorter time is provided by general law. (Ord. 859; Ord. 1104. Formerly § 16-23).

16.05.240 Posting generally.

All documents provided to be posted, other than a notice of improvement, shall be posted on or near the Council chamber door or on any bulletin board in or adjacent to City Hall. (Ord. 859. Formerly § 16-24).

16.05.250 Ascertainment of addresses when notice required to be mailed.

When any notice, resolution or other document is required to be mailed, it shall be mailed, postage prepaid, to the property owners involved, as follows:

(a) To all persons owning real property proposed to be assessed, whose names and addresses appear on the last equalized assessment roll for City taxes, including the utility roll, at said addresses.

(b) In cases of transfers of land, or parts thereof, subsequent to the date on which the last assessor's roll was prepared, to such transferee, at his/her name and address as the same appear on the records in the assessor's office which the assessor will use to prepare the next ensuing assessor's roll.

(c) To each person, including the owner or person having an interest in property assessed by the State under Section 14 of Article XIII of the California Constitution, who have filed with the County Assessor for the current fiscal year, a statement of his/her name, address, and a description of the property owned by him, requesting that a notice of all proposals affecting such property shall be mailed to him (Gov. Code 58905), at said address.

(d) To such person at his/her address or as otherwise known to the Clerk.

(e) In case of doubt as to the name and address of any owner, the Clerk shall cause said notice to be conspicuously posted on the property of such person in the assessment district, at or near the entrance thereto, so that it will be visible to persons on entering, leaving or passing said property. (Ord. 859; Ord. 1104. Formerly § 16-25).

16.05.260 Form of notice of improvement – Power of City Council to require same to be posted, etc.

Notice of improvement shall be entitled "Notice of Improvement" in letters at least one-half inch in height. The City Council may provide, in the resolution of intention or other document fixing a hearing, whether and where such notices shall be posted. (Ord. 859. Formerly § 16-26).

16.05.270 Certificate of City Clerk conclusive proof of valid notice.

The certificate of City Clerk or officer giving notice by posting or mailing shall be conclusive proof of the giving of notice and no affidavit shall be required. (Ord. 859. Formerly § 16-27).

Article III. Public and Private Property

16.05.280 Public property – Application of title.

If any lot or parcel of land belonging to the United States or to the State or to any county, city public agent, mandatory of the government, school board, educational, penal or reform institution or institution for the feeble-minded or the insane, is in use in the performance of a public function and fronts upon the proposed work or is included within the district to be assessed to pay the costs and expenses thereof, the legislative body may, in the resolution of intention, declare that such lots or parcels of land or any of them shall be omitted from the assessment thereafter to be made to cover the costs and expenses of the work. (Ord. 859 § 70. Formerly § 16-28).

16.05.290 Land omitted from assessments – Assessment of remaining lots for full value of work to be done.

If any lots or parcels of land are omitted from the assessment, the total expense of all work done shall be assessed on the remaining lots or parcels of land fronting on the work or lying within the limits of the assessment district, without regard to such omitted lots or parcels of land. (Ord. 859 § 71. Formerly § 16-29).

16.05.300 Liability of City after assessment – Applicability of certain State law.

If the City Council, in the resolution of intention, declares that any lot or parcel of land so owned and used shall be included in the assessment, then the City shall be liable for such sums as may thereafter be so assessed excepting for such portions as it shall by agreement collect from the entity owning the same. When such property is subject to assessment as provided in Section 5302.5 of the Streets and Highways Code of the State, the provisions thereof shall apply. (Ord. 859 § 72. Formerly § 16-30).

16.05.310 Assessment of privately owned public utility property.

Property owned or used by any privately owned public utility shall be assessed in the same manner as other property in the district. (Ord. 859 § 73. Formerly § 16-31).

Article IV. Contributions and Advances

16.05.320 Acceptance of outside contributions.

Contributions or partial payments from the United States or the State or any agency of either or from the County may be accepted and the same or any available City money applied to any part of the costs of a project at any time during or after the proceedings and applied in reduction of the amount assessed or to be assessed therefor. (Ord. 859 § 80. Formerly § 16-32).

16.05.330 Purchase of assessment, warrant and bonds by City generally – Payment to contractor, etc. – To whom bonds payable.

In any proceeding had under this title, the City may declare in the resolution of intention that it intends to purchase the assessment, warrant or bonds to be issued therein.

The City shall, upon the issuance of such assessment, warrant or bonds, pay to the contractor, who shall have been awarded the contract to do the work in such proceeding, in case of public improvements or into court, in case of acquisition proceedings, the principal amount thereof.

Such bonds, when issued, shall be made payable to bearer.

The City shall succeed to all rights under such assessment, warrant and bonds. (Ord. 859 §§ 81 – 84. Formerly § 16-33).

16.05.340 Purchase of bonds, etc., by City after issuance.

The City shall have like power to subsequently acquire and own any bonds or assessments or contracts issued or levied or made under this title or now issued and outstanding, for any improvement or acquisition of the City. (Ord. 859 § 85. Formerly § 16-34).

16.05.350 Delinquent property – Purchased by City.

The City may bid and purchase any real or personal property offered for sale for the nonpayment of any improvement assessment levied and assessed under any of the provisions of this title or of any installment thereof or penalties, costs or interest thereon or any suit brought to foreclose such assessment. (Ord. 859 § 86. Formerly § 16-35).

16.05.360 Delinquent property – Sale generally.

Whenever any property shall have been acquired by the City at any such sale, then such property or any lien thereon or interest therein created by such assessment may be released, assigned, sold or otherwise disposed of by the City as it shall determine. No such release, assignment, sale or other disposition of any such lien or interest or of any such property shall be made unless there shall be first paid to the City a sum of money equal to and not less than the amount paid therefor by the City, together with all accrued penalties, costs, interest and necessary expenses incurred. If any lien, interest or property cannot, as determined by the City Council, be sold for the amounts or charges computed as provided in this section, then the City Council may, by four-fifths vote of all its members, sell any such lien or interest or property for the best price obtainable according to its judgment. (Ord. 859 § 87. Formerly § 16-36).

Article V. Force Accounts and Revolving Funds

16.05.370 Purchase of supplies and labor by force account – Determination to be made by City Council – Execution of bonds – Powers of City Manager and rights of City over assessments.

The City Council may, by resolution adopted by a four-fifths vote of all its members, determine and declare that in its opinion the work in question may be more economically and satisfactorily performed by day labor, or the materials and supplies purchased at a lower price in the open market, and order that the same be done by force account, in the manner stated in this title, without further observance of the provisions of this title with reference to the award of contract or execution of contract or bonds.

In such case the City shall have the same rights as a contractor and such work and improvements shall be directed by the City Manager.

When such work shall have been completed, the City shall become the owner of the assessment made to pay the cost thereof and of all bonds issued thereon, with like power of enforcement as if held by a contractor. No warrant need be issued in such case.

Such bonds, when issued, shall be made payable to bearer. (Ord. 859 §§ 90 – 94. Formerly § 16-37).

16.05.380 Collection of assessments made pursuant to force account –Recordation of diagram.

The Director of Finance or other City officer designated by the City Council is authorized, after the assessment and diagram shall have been recorded, to collect and receive payment of the several amounts due thereon in the manner provided in such act under which the proceedings shall have been taken for and in the place of such contractor and his/her statement of payments received, when filed, shall constitute and be in lieu of the contractor's return of the warrant and statement of payments received. (Ord. 859 § 93. Formerly § 16-38).

16.05.390 Revolving fund – Establishment and purpose – Applicability of State law.

In the exercise of any of the powers now or hereafter provided for in this title, including the right to take immediate possession in eminent domain proceedings, the City Council may create, use and reimburse a revolving fund.

Such revolving fund may be established, operated, reimbursed, reduced or dissolved, in which event Title 4, Division 4, Chapter 3, Article 2 (Section 43240 et seq.) of the Government Code shall apply. (Ord. 859 §§ 100, 101. Formerly § 16-39).

16.05.400 Assessment roll – Identifying map, diagram, etc.

Parcels may be described as contained on the assessment roll on which City taxes are collected or with reference to recorded maps or deeds or assessor's maps or by other means sufficient for identification.

The diagram may describe the property in reference to or be copies of official maps or assessor's maps, or be otherwise sufficient to identify the several parcels thereon. It shall not be necessary to show thereon their relationship to the acquisitions or improvements. (Ord. 859 §§ 110, 111. Formerly § 16-40).

Article VI. Procedure Generally

16.05.410 Protests or objections – Generally.

Objections may be made to ordering improvements or acquisitions, to grades, an assessment, the extent of the district, to any supplemental assessment or reassessment, the legality of any act or proceeding, to changes or to any part of any thereof, at or before the hour set for hearing thereon. (Ord. 859 § 120. Formerly § 16-41).

16.05.420 Form and information required – Objections to illegality.

Protests shall be in writing, signed by the protestant, contain a description of the property owned by him sufficient to identify such property and state his/her interest therein and the nature of the protest. Such protests shall be filed with the City Clerk.

Objections to illegality shall specify the illegality, and no other illegalities need be considered. (Ord. 859 §§ 121, 122. Formerly § 16-42).

16.05.430 Power of City Council to overrule.

The City Council, by the affirmative vote of four-fifths of its members, may overrule protests by the owners of more than half the area to be assessed. (Ord. 859 § 123. Formerly § 16-43).

16.05.440 Hearings – Notice generally.

No hearing need be set for a longer period than the time required for giving notice thereof. (Ord. 859 § 130. Formerly § 16-44).

16.05.450 Powers and duties of City Council generally.

At the hearing the City Council shall consider and pass upon the protests, may remedy or correct any irregularity and may order any improvement or acquisition to be completed according to the plans and specifications, and to their satisfaction. (Ord. 859 § 131. Formerly § 16-45).

16.05.460 Continuances – Matters noticed for hearing but not heard.

A hearing may be continued. Where any matter is noticed for hearing and is not heard it shall be deemed submitted and may be acted upon at any subsequent meeting. (Ord. 859 § 132. Formerly § 16-46).

16.05.470 Modifications or changes – Generally.

During the progress of the project, the legislative body may make changes in the improvements or acquisitions, the boundaries of the proposed assessment district, the assessment or the estimate of costs or in any of the proceedings or procedures under this title. (Ord. 859 § 140. Formerly § 16-47).

16.05.480 Notice required in certain cases.

Where changes result in extending the boundaries of the assessment district, increasing the total amount to be collected, or increasing improvements or acquisitions or making substitutions therein, or in the proceedings or procedures, they shall not be ordered except after notice of intention to do so is published by one insertion in the newspaper in which the resolution of intention or notice of improvement was published, describing the proposed changes and specifying the time and place of hearing. (Ord. 859 § 141. Formerly § 16-48).

16.05.490 Protests – Recordation of changes – Effect of changes on original assessment lien.

Protests may only be made against the proposed changes. If no protests are made or such are found to be insufficient or overruled, immediately thereon the City Council may order such changes.

Such changes may be made upon the face of the plans, specifications, estimate, diagram, assessment or other document affected or by an amended or supplemental document.

The lien date of the original assessment shall not be affected by such order. The lien date of such changes shall be the date on which the original assessment was recorded. (Ord. 859 §§ 142 – 145. Formerly § 16-49).

16.05.500 Supplemental assessments – Generally.

If the first assessment for any improvement or acquisition or if the bonds issued to pay all costs, damages and expenses incurred or to be incurred, including any judgments rendered or to be rendered and the costs and expenses of such action or proceedings or the estimated amount of any thereof, are insufficient, the City Council may order a supplemental assessment to raise such deficit. (Ord. 859 § 150. Formerly § 16-50).

16.05.510 How levied and collected – Notice, etc. – Payment.

Supplemental assessments shall be made and collected in the same manner as the first assessment as far as possible, or a reassessment may be had therefor and such proceedings may be repeated until sufficient money is raised to pay for the same.

Notice shall be given, protests may be made and such supplemental assessment heard, confirmed and recorded as provided in SCCC 16.05.470 through 16.05.490 for modifications.

Proceedings for notices, demand and payment shall be had as provided for in the original assessment. (Ord. 859 §§ 151 – 153. Formerly § 16-51).

Article VII. Reassessments

16.05.520 When made.

If in the opinion of the City Council any assessment made under this title 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 any provision of this title 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 City Council shall determine that the public interest will be served thereby, a reassessment may be had. (Ord. 859 § 180. Formerly § 16-52).

16.05.530 Uncompleted improvements.

Where the assessment was for an uncompleted improvement, a reassessment may be had notwithstanding the fact that such 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. (Ord. 859 § 181. Formerly § 16-53).

16.05.540 Persons eligible to demand reassessment – Applicability of State law.

The reassessment shall be made upon the demand of the contractor or his/her 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 State Improvement Act of 1911 and State Improvement Bond Act of 1915. Nothing contained in this section shall prevent the City Council from ordering a reassessment on its own motion and its decision to do so shall be final. (Ord. 859. Formerly § 16-54).

Stat. Ref.: For State Improvement Act of 1911, see Sts. & H.C.A. §§ 5000 – 6794. For State Improvement Bond Act of 1915, see Sts. & H.C.A. §§ 8500 – 8851.

16.05.550 Interest.

In the resolution ordering the reassessment, the City Council shall determine whether such reassessment shall include interest and if so, the rate at which and the date from which it shall be computed. In lieu thereof, the City Council may order that the reassessment shall bear interest at a rate and from a date certain. (Ord. 859. Formerly § 16-55).

16.05.560 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 in the original assessment. (Ord. 859. Formerly § 16-56).

Article VIII. Liens

16.05.570 Priority of liens.

The lien of a fixed lien assessment, whether a bond or bonds are issued to represent it, shall have priority over all fixed lien assessments which may thereafter be created against the property. (Ord. 1175 § 2, 11-7-67. Formerly § 16-57).

16.05.580 Reassessment, refunding and supplemental assessment liens.

The lien of a reassessment and a refunding assessment shall have the same priority as the original assessment to which it relates. A supplemental assessment is a new assessment. (Ord. 1175 § 2, 11-7-67. Formerly § 16-57.1).

16.05.590 Lien date.

Immediately upon the recording of a notice of assessment in the Office of the County Recorder, any assessment shall thereupon be a lien on the property against which it is made. (Ord. 1175 § 2, 11-7-67. Formerly § 16-57.2).

16.05.600 Constructive notice.

From and after the date of recording a fixed lien warrant, assessment and diagram and from and after the recording of the notice of assessment, all persons shall be deemed to have notice of the contents of each thereof. (Ord. 1175 § 2, 11-7-67. Formerly § 16-57.3).

16.05.610 Duration of lien.

The lien of a fixed lien assessment shall continue for a period of four years from the date of recording the notice of assessment. In the event bonds are issued to represent the assessment, the lien shall continue until the expiration of four years from the due date of the last installment upon the bonds or of the last principal coupon attached thereto. (Ord. 1175 § 2, 11-7-67. Formerly § 16-57.4).

16.05.620 Uniform priority law.

The provisions of Title 5, Division 2, Part 1, Chapter 4, Article 13 (commencing with Section 53930) of the Government Code, providing a uniform law as to the priority of liens, fixed lien and of ad valorem assessments, shall apply. (Ord. 1175 § 2, 11-7-67. Formerly § 16-57.5).