When notice has been given, as provided in Section 94-35, at the time and place mentioned in the resolution referred to in Section 94-35 to the owners of property proposed to be reassessed, their agents or attorneys, or any interested parties, as to all matters affecting said property or the benefits thereto of such improvement, or any invalidity, irregularity or illegality in any of the proceeding with reference to the making of said improvements or any claim of liability, and said owners and interested parties may interpose any other objections to such reassessment, and the special benefits of said improvements to said property may be inquired into, determined and contested.
Such owners and interested parties, their agents and attorneys shall file their objections in writing and thereafter the City Council shall hear and determine the same, and full opportunity shall be given to the persons filing such objections to produce evidence, subpoena witnesses and to appear in person or by attorney, and a full and fair hearing thereof shall be given by the city, which hearing may be adjourned from day to day and from time to time without further notice until all have been fully heard, and the City Council shall have the power to inquire into and determine all facts necessary to the adjudication of such objection and the ascertainment of special benefits to such owner or owners by means of such improvements, and shall determine from the evidence before it and other facts in its possession the amount, if any, which shall be reassessed against any owner and his property, and shall correct all the errors, mistakes or irregularities in the proceedings before had with reference to such improvements, and shall by ordinance make reassessment. Any objection to the regularity of the proceedings, or to the validity of any reassessment or adjudication of personal liability against such property and the owners thereof, shall be deemed waived, unless presented at the time and in the manner herein specified.
Subject to the terms hereof, the amount to be reassessed against each owner and his property shall be in accordance with the front foot plan or rule, that is, in the proportion of the cost of the original improvement that the front feet of property of each owner to be reassessed is to be the total frontage of property abutting on the highway or portion thereof improved, but if, in the opinion of the governing body, the strict application of this rule would in any particular case result in inequality or injustice, then such rule or apportionment shall be adopted as will in the opinion of the governing body provide substantial justice and equality, taking into consideration the burden imposed upon owners of property abutting upon the improvement and the special benefit received by them.
The reassessment ordinance shall provide the manner and terms and time of payment of such reassessment and the rate of interest charged thereon, and shall provide that amounts reassessed, together with interest and cost of collection, and reasonable attorney fees when incurred, shall be secured by a first and prior lien upon the property against which they are reassessed, superior to all other liens, claims or titles except lawful ad valorem taxes, and that the sum so reassessed shall constitute a personal liability of the owner of the property against which said reassessment shall be made.
The ordinance shall also provide for the issuance of assignable certificates against the property so reassessed and its owners for the enforcement of said reassessments in the same manner as provided in the original assessment ordinance for such improvement, and such certificate shall have the same force and effect as to such reassessment as valid original certificates had as to such original assessments.
(Code 1943, Art. 54-12)