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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.
At the time and place fixed for the sale, the Board of Public Works must commence the sale of the property advertised, commencing at the head of the list and continuing in numerical order of lots or parcels of land until all are sold, provided that it may postpone or continue the sale from day to day until all the property is sold. Each lot or parcel of land separately assessed must be offered for sale separately and the person who will take the least quantity of such lot or parcel of land and then and there pay the amount of the assessment, penalty and costs due, including $50.00 the Board of Public Works for a certificate of sale, shall become the purchaser. At said sale the City may bid in and become the purchaser of any lot or parcel of land offered for sale. In the event that there is no purchaser for any lot or parcel of land so offered for sale the same shall be struck off the City as purchaser and the amount required for such purchase shall be paid from the General Expense Fund of the City. No charge shall be made for a certificate of sale when the City is the purchaser. The fees and costs herein shall be adjusted, if required, in order to cover the City’s administrative costs and adopted in the same manner as provided in Section 12.37 I.1. of the Los Angeles Municipal Code for establishing fees.
SECTION HISTORY
Based on Ord. No. 41,060.
Amended by: No. 149,299, Eff. 2-28-77; Fee change and sentence added, Ord. No. 168,733, Eff. 5-31-93.
After making the sale, the Board of Public Works must execute in duplicate, a certificate of sale, setting forth the description of the property sold, the name of the owner thereof as given upon the Assessment Roll, that said property was sold for a Delinquent Assessment (specifying the improvement for which the same was made), the amount for which the property was sold, the date of sale, the name of the purchaser, and the time when the purchaser will be entitled to a deed. The Board of Public Works must file one copy of such certificate in its office and deliver the other to the purchaser or if the City is the purchaser, to the City Engineer who shall file the same in the City Engineer’s office. Upon the filing of a copy of such certificate in the office of the Board of Public Works the lien of the assessment shall vest in the purchaser and shall only be divested by the redemption of the property as in this ordinance provided. The Board of Public Works shall also enter on the Assessment Roll opposite the description of each lot or parcel of land offered for sale a description of the part thereof sold, the amount for which the same was sold, the date of sale, and the name of the purchaser.
SECTION HISTORY
Based on Ord. No. 41,060.
Amended by: Ord. No. 181,595, Eff. 4-10-11.
At any time before the expiration of one year after the date of sale, or at any time thereafter up to the time of the making of application for a deed by the purchaser, or the purchaser’s assignee, any lot or parcel of land sold for a Delinquent Assessment may be redeemed by any party in interest by the payment to the Board of Public Works of the amount for which the property was sold and in addition thereto a penalty of 25% of said amount. When redemption is made, the Board of Public Works shall note that fact and the date thereof on the duplicate certificate of sale on file in its office and deposit the amount paid with the City Treasurer, who shall credit the purchaser named in the certificate of sale with the said amount and pay the same to such purchaser, or the purchaser’s assignee, upon the surrender of the certificate of sale and upon satisfactory proof of assignment thereof, if any. When the City is purchaser, the Board of Public Works shall notify the City Engineer of the redemption and such City Engineer shall thereupon cancel the certificate of sale therefor on file in the City Engineer’s office.
SECTION HISTORY
Based on Ord. No. 41,060.
Amended by: Ord. No. 181,595, Eff. 4-10-11.
At any time after the expiration of one year from the date of sale, provided no redemption has been made the Board of Public Works must execute to the purchaser, or to the purchaser’s assignee, as the case may be, on the purchaser’s application, a deed to the property sold, in which shall be recited substantially the matters contained in the certificate, also any assignment thereof and the fact that no person has redeemed the property. The Board of Public Works shall receive from the applicant for a deed $16.00 for making such deed unless the City is the purchaser in which case no charge shall be made therefor. In addition, the applicant shall pay all costs of advertising incurred pursuant to Section 6.77 of this Code. Such deed shall be prima facie evidence of the truth of all matters recited therein and of the regularity of all proceedings prior to the execution thereof and of title in the grantee. The fees and costs herein shall be adjusted, if required, in order to cover the City’s administrative costs and adopted in the same manner as provided in Section 12.37 I.1. of the Los Angeles Municipal Code for establishing fees.
SECTION HISTORY
Based on Ord. No. 41,060.
Amended by: Ord. No. 149,299, Eff. 2-17-77; Fee change and sentence added, Ord. No. 168,733, Eff. 5-31-93.
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