Chapter 12.30
CURATION
Sections:
12.30.040 Liberally construed.
12.30.050 Effect of publication.
12.30.070 Limitation of actions.
12.30.080 No change and modification proceedings.
12.30.100 Validating proceeding.
12.30.130 Reassessment – Incompleted improvement.
12.30.140 Reassessment – When and how much.
12.30.150 Reassessment – Interest.
12.30.160 Reassessment – Payment.
12.30.010 WAIVER.
All objections not made within the time and manner herein provided are waived.
(Prior code § 1603.2).
12.30.020 ORDERS 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.
(Prior code § 1603.3).
12.30.030 NOTICE OF AWARD.
The notice to pay assessments under the Street Opening Act of 1903 or 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.
(Prior code § 1603.4).
12.30.040 LIBERALLY CONSTRUED.
This code 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 city council in accordance with the provisions hereof.
(Prior code § 1603.5).
12.30.050 EFFECT OF PUBLICATION.
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 actually published as herein provided.
(Prior code § 1603.7).
12.30.060 DEDICATION.
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.
(Prior code § 1603.8).
12.30.070 LIMITATION OF ACTIONS.
No action, suit or proceeding to set aside, cancel, void, annul or correct any assessment or reassessment, or supplemental assessment, or to review any of the acts or determinations made 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 proceeding is commenced within thirty days after the acquisition or improvement has been ordered or such assessment is confirmed.
In proceedings which provide for the issuance of bonds under Bond Plan D or Bond Plan E of Chapter 12.34, no action, suit or proceeding to set aside, cancel, void, or annul the proceedings for the formation of the district, or to review any acts or determinations made in said proceedings, or to question the validity or to enjoin the issuance or sale of any such bonds shall be maintained by any person unless such action, suit or proceeding is commenced within thirty days after the adoption of the resolution ordering the formation of the assessment district.
(Prior code § 1603.9).
12.30.080 NO CHANGE AND MODIFICATION PROCEEDINGS.
No action, suit or proceeding to set aside, cancel, void, annul or correct any action taken in connection with any changes and modifications made after the ordering of the acquisitions and improvements and the formation of the assessment district, or to review any change and modification proceedings, or to question the validity or to enjoin the issuance or sale of any bonds authorized or ordered in connection with any such change and modification proceedings shall be maintained by any person unless such action, suit or proceeding is commenced within thirty days after the adoption of the resolution ordering such changes and modifications. If such action or suit is not brought within the time herein specified, all persons shall be barred from any such action.
(Prior code § 1603.10).
12.30.090 NO DEFENSE.
No defense based on invalidity or irregularity in any such proceedings shall be raised or pleaded after the expiration of such thirty-day period.
(Prior code § 1603.11).
12.30.100 VALIDATING PROCEEDING.
The city council, at any time after the adoption of the resolution of intention, the proposed contractor, or 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 reissued.
(Prior code § 1603.12).
12.30.110 PROCEDURE.
The validation procedure of the Improvement Act of 1911 shall apply.
(Prior code § 1603.13).
12.30.120 REASSESSMENT.
If, in the opinion of the city 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 city council shall determine that the public interest will be served thereby, a reassessment may be had.
(Prior code § 1603.14).
12.30.130 REASSESSMENT – INCOMPLETED IMPROVEMENT.
Where the assessment was for an incompleted 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.
(Prior code § 1603.15).
12.30.140 REASSESSMENT – 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 city council from ordering a reassessment on its motion, and its decision so to do shall be final.
(Prior code § 1603.16).
12.30.150 REASSESSMENT – INTEREST.
In the resolution ordering the reassessment, the city 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.
(Prior code § 1603.17).
12.30.160 REASSESSMENT – 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.
(Prior code § 1603.18).