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Before ordering any work done or improvement made which is authorized by this article the Council shall pass an Ordinance of Intention so to do. It shall be sufficient for said ordinance to briefly describe the work or improvement in general terms, referring to the plans, profiles and specifications therefor on file in the office of the City Engineer for further particulars, which said plans, profiles and specifications shall govern and control for all details and description. Said ordinance shall fix a day, hour and place when and where all protests against the proposed work or improvement will be heard by the Council which time shall be not less than fifteen (15) nor more than thirty (30) days from the date of the adoption of said ordinance. Said ordinance shall state that the improvement therein contemplated is to be performed under the provisions of this article.
Upon the adoption of said Ordinance of Intention the City Clerk shall cause the same to be published once in a daily newspaper published and circulated in the City and designated by the Council in said ordinance.
Upon the adoption of said Ordinance of Intention the City Engineer shall also mail postage prepaid, to each property owner whose property is to be assessed for the proposed improvement, at the property owner’s last known address as the same appears upon the tax rolls of the County of Los Angeles, or when no address so appears, to the General Delivery of the United States Post Office in the City of Los Angeles, a postal card containing a notice which shall be in substantially the following form (filling blanks):
[IMPROVEMENT HEARING NOTICE RE STREET RESURFACING]
You are hereby notified that on the ______ day of ________, _____, the Council of the City of Los Angeles, California, adopted Ordinance of Intention No________ (New Series) providing for the improvement of ______________. All protests must be filed in writing in the office of the City Clerk before the hour of ________ o'clock A.M. on the ________ day of ________, ______, and all protests so filed will be heard and considered by the City Council in the Council Chamber at said time. You are hereby referred to said ordinance for further particulars. Property belonging to you is to be assessed for this improvement.
______________________________
City Engineer.
If any lots or parcels of land to be assessed from the improvement are assessed to “unknown owners” on said tax-rolls no such postal cards need be mailed to the owners thereof. The City Engineer shall immediately upon the completion of the mailing of said postal cards file in the City Engineer’s office an affidavit setting forth the time and manner of the City Engineer’s compliance with this provision; provided, that the failure of the City Engineer to mail said postal cards or the failure of the property owners to receive the same, shall in no wise affect the validity of the proceedings or prevent the Council from acquiring jurisdiction to order the work.
SECTION HISTORY
Based on Ord. No. 41,060.
Amended by: Ord. No. 181,595, Eff. 4-10-11.
The Board of Public Works shall after the publication of the Ordinance of Intention, cause to be conspicuously posted along all the public streets, alleys or other public places where any work is to be done or improvement made, at not more than three hundred (300) feet apart and not less than (3) in all, notices of the adoption of said ordinance. Said notices shall be headed “Notice of Local Improvement” in letters not less than one inch (1") in length, and shall, in legible characters, state the fact of the adoption of the Ordinance of Intention, its date and number, and briefly describe in general terms the proposed improvement, referring to the plans, profiles and specifications therefor on file in the office of the City Engineer for all details and description.
Said notice shall also contain a statement of the day, hour and place fixed in the Ordinance of Intention for the hearing of all protests to the proposed work or improvement, and that any and all protests thereto must be filed in writing in the office of the City Clerk prior to said time. The failure of the Board of Public Works to cause such notices to be posted shall in no wise affect the validity of the proceedings or prevent the Council from acquiring jurisdiction to order the work; provided, however, that the Council may require an affidavit to be filed showing the posting before it adopts the Final Ordinance ordering the work.
SECTION HISTORY
Based on Ord. No. 41,060.
At any time not later than the hour fixed in the Ordinance of Intention for hearing protests any person interested, objecting to the proposed work or improvement, may make written protest. Such protest must be in writing and must be filed with the City Clerk not later than said time, must contain a description of the property in which each signer thereof is interested and set forth the nature of the signer’s interest therein, and in case any signature is made by an agent, there must be attached to the protest or objection the affidavit of such agent that the agent is duly authorized to sign such protest or objection. Any protest not complying with the foregoing requirements shall not be considered by the Council. The City Clerk shall endorse on every such protest the time of its reception by the City Clerk, and at the time fixed for the hearing or at any other time to which such hearing may be adjourned, the City Clerk shall present to said Council all protests so filed by the City Clerk. Before the hearing of any protest there shall be filed with the Council, if the Council shall demand it, an affidavit of the employee of the Board of Public Works who posted said notices of local improvement, that such notices have been posted as provided by this ordinance, and the City Engineer shall present to the Council the City Engineer’s affidavit setting forth the time and manner of the City Engineer’s compliance with the provision as to the mailing of postal cards, and the Council shall thereupon cause to be entered in its minutes an order reciting the giving of notice by such posting and mailing and such order shall be prima facie evidence of the facts therein recited. The Council shall hear and consider said protests of said meeting, or at any time to which the hearing thereof may then be continued and pass upon the same, and its decision thereon shall be final and conclusive provided, however, that if the Council finds that said protests are signed by the owners of a majority of the frontage of the property fronting on the streets or parts of streets to be improved all further proceedings shall be stayed and barred for a period of not less than six (6) months from the date of the filing of such majority protests, unless the owners of a majority of such frontage shall, in the meantime, petition for such improvement to be made; except that in case such improvement is for the improvement of a portion of a street adjacent to a portion of the same street previously improved in substantially the same manner as the proposed improvement, and such proposed improvement covers a distance less than one tenth (1/10) of the portion of said street previously so improved, or is not more than two (2) blocks in length and covers a distance less than the portion of such street previously so improved, the work shall not be stayed or prevented by any such protest or objection unless the Council shall deem proper. If such protests are not signed by the owners of a majority of such frontage, and such protests are sustained, no further proceedings shall be had under said Ordinance of Intention, but a new Ordinance of Intention for the same improvement may be passed at any time. If such protests are denied, the proceedings shall continue as if such protests had not been made.
SECTION HISTORY
Based on Ord. No. 41,060.
Amended by: Ord. No. 181,595, Eff. 4-10-11.
If no written protest to the proposed work or improvement have been filed as provided in Section 6.71, at a time not later than the hour fixed in the Ordinance of Intention for the hearing thereof by the owners of a majority of the frontage of the property fronting on the streets or parts of streets to be improved, or if no protests are filed, or if written protests to the proposed work or improvement signed by the owners of less than a majority of such frontage have been filed, and have been overruled and disallowed by the Council, the Council shall be deemed to have acquired jurisdiction to order the improvement described in the Ordinance of Intention. Having acquired such jurisdiction, it shall adopt a Final Ordinance ordering such improvement to be made. The City Clerk shall cause said Final Ordinance to be published once in a daily newspaper published and circulated within the City.
SECTION HISTORY
Based on Ord. No. 41,060.
Upon the publication of such Final Ordinance ordering the improvement to be made, the Board of Public Works shall make an assessment to cover the cost of the work or improvement to be performed (including incidental expenses). Such assessment shall be made, except as provided in Section 6.67 hereof, by assessing each separate lot or parcel of land in proportion to its frontage upon the work or improvement, at a rate sufficient to cover the total expenses of the work or improvement, including incidental expenses, provided, however, that the rate of assessment against any lot or parcel of land shall not exceed three cents (3 cents) per square foot for one-half of the street surface improved in front of said lot or parcel of land. Such assessment shall briefly refer to the Ordinance of Intention for the improvement and shall show the amount of each assessment, the name of the owner of each lot or parcel of land, if known, and if unknown the word “unknown” shall be written opposite the number of the lot or description of the parcel of land and the amount assessed thereon, and there shall be attached to said assessment a diagram showing each public street, alley or other public place to be improved and the relative location of each lot or parcel of land to the improvement to be made, numbered to correspond to the numbers in the assessment. Said assessment and diagram may be designated and referred to as the report of the Board of Public Works. Said report shall, on its completion, be recorded in the office of the Board of Public Works in a substantial book to be kept for that purpose, and the Board of Public Works shall append thereto its certificate of the date of such recording and it shall thereupon become the Assessment Roll.
From the date of such recording all persons shall be deemed to have notice of the contents of such Assessment Roll. Immediately upon such recording the several assessments contained in such Assessment Roll shall be due and payable in the office of the Board of Public Works and shall become delinquent if not paid within thirty days thereafter, and shall be a lien upon the property against which made, paramount to all other liens, except liens for state, county and municipal taxes, and such liens shall only be discharged by payment of the assessment or by redemption of the land after sale for delinquency. Immediately upon such recording the Board of Public Works shall give notice by publication for five days in a daily newspaper published and circulated in the City that said assessment has been recorded in its office and that all sums assessed therein are due and payable immediately and that payment of the said sums must be made to it within thirty days from the date of the recording of such assessment, which date shall be stated in the notice. Said notice shall also contain a statement that all assessments not paid before said time shall become delinquent and a penalty of ten per cent upon the amount thereof shall be added and the property sold for the amount of the assessment.
SECTION HISTORY
Based on Ord. No. 41,060.
The owners, whether named in the assessment or not, and all other persons directly interested in any work or improvement provided for in this ordinance, or in the assessment, feeling aggrieved by any act or determination of the Board of Public Works in relation thereto, or having or making any objection to the fairness, correctness or legality of the assessment, or other act, determination or proceeding of the Board of Public Works or of the Council or other officer of the City, shall, within thirty (30) days after the date of the recording of the report, diagram and assessment of the Board of Public Works, as provided in the preceding section, appeal to the Council, as provided in this section, by briefly stating their objections in writing, and filing the same with the Clerk of said Council. Notice of the time and place of the hearing thereof, which time and place shall be fixed by the Council, briefly referring to the work or improvement and to the appeal and to the acts, determinations or proceedings objected to or complained of, shall be published for five (5) days in a daily newspaper, published and circulated in the City. Upon such appeal and hearing the Council may remedy and correct any error or informality in the proceedings and revise and correct any of the acts or determinations of the Board of Public Works relative to said work; may confirm, amend, set aside, alter, modify, change or correct the assessment in such manner as to it shall seem just, and may instruct and direct the Board of Public Works to correct its report assessment and diagram to conform to the decisions of said Council in relation thereto, at its option. All the decisions and determinations of said Council, upon notice and hearing as aforesaid, shall be final and conclusive upon all persons entitled to appeal under the provisions of this section, as to all errors, informalities and irregularities which said Council might have remedied and avoided, and no assessment shall be held invalid except upon appeal to the said Council, as provided in this section, for any error, informality or other defect in any proceedings prior to the assessment, or in the assessment itself, where the Ordinance of Intention of the Council to order the work to be done, for which the assessment is made, has been actually published as required by this ordinance before the passage of the ordinance ordering the work to be done.
SECTION HISTORY
Based on Ord. No. 41,060.
When payment of any assessment is made, the Board of Public Works shall cause to be marked opposite such assessment the word “paid”, the date of payment and the name of the person by or for whom the same is paid, and shall give a receipt therefor.
SECTION HISTORY
Based on Ord. No. 41,060.
Upon the expiration of said period of thirty days all assessments then unpaid shall become delinquent and the Board of Public Works shall mark each such assessment “delinquent” on said Assessment Roll and add and collect ten per cent to the amount thereof.
SECTION HISTORY
Based on Ord. No. 41,060.
The Board of Public Works shall, within thirty days from the date of such delinquency begin the publication of a list of the Delinquent Assessments, which list must contain a description of each lot or parcel of land delinquent and opposite each description the name of the owner, as it appears on the Assessment Roll and the amount of the assessment and penalty due, together with the advertising cost. It shall append to and publish with such delinquent list a notice that unless each assessment delinquent, together with the penalty and costs thereof, is paid, the property upon which such assessment is a lien will be sold at public auction at a time and place fixed by the Board of Public Works and specified in the notice, and that, upon such sale, the purchaser will be given a certificate of sale to the property, and that if no redemption of the same is made within one year after the date of such sale, a deed to the property will be issued upon the application of such purchaser. Such notice must be published for five days in a daily newspaper published and circulated in the City. The time of sale must not be less than five days nor more than ten days after the last publication of such notice. At any time after such delinquency and prior to the sale of any lot or parcel of land assessed and delinquent, any interested person may pay the assessment of such lot or parcel of land, together with penalty and costs due thereon, including the costs of advertising, if such payment is made after the first publication of the notice of Delinquent Assessment.
SECTION HISTORY
Based on Ord. No. 41,060.
Amended by: Ord. No. 149,299, Eff. 2-28-77.
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