Chapter 15
CURATION
Sections:
12-15.05 Effect of publication.
12-15.07 Limitations of actions.
12-15.08 No change and modification proceedings.
12-15.10 Validating proceedings.
12-15.13 Reassessments: Incompleted improvements.
12-15.14 Reassessments: When and how much.
12-15.15 Reassessments: Interest.
12-15.16 Reassessments: Payment.
12-15.01 Waivers.
All objections not made within the time and manner provided for in this Code are hereby waived.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-15.02 Orders final.
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.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-15.03 Notices 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.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-15.04 Liberally construed.
The provisions of 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 pursuant to the provisions of this Code, which procedure does not directly affect the jurisdiction of the Council 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 Council in accordance with the provisions of this Code.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-15.05 Effect of publication.
No assessment, reassessment, supplemental assessment, warrant, diagram, or bond, or any of their 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 improvement has been actually published as set forth in this Code.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-15.06 Dedications.
No proceeding 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 such property shall have been lawfully dedicated or acquired or an order for the immediate possession and use thereof shall have been obtained at any time before judgment is entered in any legal action.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-15.07 Limitations of actions.
No action, suit, or proceeding to set aside, cancel, void, annul, or correct any assessment, 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 assessment, reassessment, or supplemental assessment shall be maintained by any person unless such action, suit, or proceeding is commenced within thirty (30) 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 17 of this title, 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 such 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 (30) days after the adoption of the resolution ordering the formation of the assessment district.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-15.08 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 change and modification made after the ordering of the acquisition and improvement 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 (30) days after the adoption of the resolution ordering such change and modification. If such action or suit is not brought within such time, all persons shall be barred from any such action.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-15.09 No defense.
No defense based on the invalidity or irregularity of any such proceeding shall be raised or pleaded after the expiration of the thirty (30) day period set forth in Sections 12-15.07 and 12-15.08 of this chapter.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-15.10 Validating proceedings.
The 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 warrant 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.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-15.11 Procedure.
The validation procedure of the Improvement Act of 1911 shall apply.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-15.12 Reassessments.
If, in the opinion of the 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 assessment and such issuance is not effective through the curative provisions applicable thereto to make such bonds 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 Council shall determine that the public interest will be served thereby, a reassessment may be had.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-15.13 Reassessments: Incompleted improvements.
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 or the benefits derived from the improvement or to be derived from the improvement when completed.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-15.14 Reassessments: 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 (1/3) of the principal amount outstanding, or upon the order of the Council and shall be made in the manner and form provided by the Improvement Act of 1911 and Improvement Bond Act of 1915. Nothing contained in this chapter shall prevent the Council from ordering a reassessment on its motion, and its decision so to do shall be final.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-15.15 Reassessments: Interest.
In the resolution ordering the reassessment, the 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 Council may order that the reassessment shall bear interest at a rate and from a date certain.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-15.16 Reassessments: Payment.
If the bonds have not been issued, or if the bonds outstanding are not to be replaced by new bonds, proceedings for the notice to pay, demand, and payment shall be had as provided for the original assessment.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)