Loading...
Before any improvement is ordered to be made pursuant to this article the Council shall pass an ordinance declaring its intention do so, briefly describing the proposed improvement, stating the period of time, which shall not exceed three years, for which the improvement is to be made, and containing a description of the district to be benefited thereby and to be assessed to pay the costs and expenses thereof and to be known as the Assessment District.
The territory comprising said district may, but need not, include all, or be confined to, or extend beyond, the lots or lands fronting upon the improvement, or be contiguous. The district may consist of separate and distinct areas or sections, and the work performed in one section need not benefit the other section or sections. The district may be described by stating the exterior boundaries thereof, or by referring to the diagram accompanying the report of the Board of Public Works or to the assessment maps on file in the Bureau of Engineering, as provided in Sections 6.98 and 6.99 of this chapter.
The Council, in its discretion, may order, in said Ordinance of Intention, that a portion of said costs and expenses shall be paid out of the City Treasury from such funds as the Council may designate, the amount of which shall be specified in said Ordinance of Intention. The assessment proposed to be levied shall include only the remainder of the estimated costs and expenses of the improvement after deducting such amount. Said ordinance shall also contain those matters required by Section 6.102 of this chapter.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 129,118; 2nd Para., Ord. No. 149,941*, Eff. 8-15-77.
Before the Council passes such Ordinance of Intention the Board of Public Works shall file with the City Clerk a report in writing, proposing that the proceeding be commenced; designating the plans, detailed drawings, and specifications, or such of them as may be suitable and proper, for a complete description of the proposed improvement; and stating the estimated total costs and expenses of the proposed improvement and the amount thereof proposed to be assessed. Such plans, drawings and specifications shall be deemed sufficient with respect to the location of the lights to be maintained and/or to be furnished with electric current if the approximate location of such lights is shown or described thereon.
The report shall contain a description of the Assessment District, which may be by describing the exterior boundaries or by reference to a diagram, in which case the diagram shall accompany the report, or by reference to assessment maps showing lands previously approved for assessments, and such maps may be presented or may remain on file in the Bureau of Engineering.
The report shall also be accompanied by a proposed assessment of all of the estimated costs and expenses of the improvement proposed to be assessed upon the several lots or parcels of land in the Assessment District, in proportion to the estimated benefits to be received by each such lot or parcel of land, respectively. Said assessment shall show the parcel number or other identification for each such lot or parcel of land as the respective identifications therefor appear on the assessment diagram or the assessment maps.
If any lands which are proposed to be assessed in the pending proceeding have not previously been approved by the Council for assessment for maintenance of any lighting system, systems or appliances to be serviced in such proceeding, or if lands previously assessed therefor are to be excluded from the Assessment District, the Board of Public Works shall describe such changes in the report or present either a diagram showing the proposed Assessment District or assessment maps, or pages thereof, showing the lands to be added to the district or omitted therefrom. The inclusion or omission of such lands shall be subject to the approval of the Council, and the Council’s approval of a proposed or revised boundary line of the district shall be sufficient therefor.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 117,944; 2nd Para., Ord. No. 149,941*, Eff. 8-15-77.
All diagrams and assessment maps shall indicate clearly, by a boundary line, shading, tinting, inscription or other means, the extent of the territory included in the Assessment District or districts. The diagrams and maps shall also show the boundaries and dimensions of each lot or parcel of land approved for such inclusion in the districts and each lot or parcel shall be distinctly numbered, lettered or otherwise identified thereon. For succeeding or corrected assessments or reassessments, the parcel numbering, lettering or other identification may be changed or combinations or divisions of parcels may be shown on such assessment maps, or new pages therefor may be prepared for any portions thereof, all in the manner approved by the Board of Public Works and as long as an inspection of such maps will readily disclose precisely what land is covered by any particular parcel identification for the current or any prior maintenance assessment period.
After any lands have been approved by the Council for inclusion in Assessment Districts pursuant to this chapter, they shall be shown upon assessment maps on file in the Bureau of Engineering, together with suitable notation of the Council’s approval; and thereafter such lands may be described in the report and proposed to be included in Assessment Districts by appropriate map reference in preliminary reports, and may be assessed pursuant to this chapter for such maintenance or for renewal or maintenance of any lighting system, systems or appliances as the Council determines will result in benefit thereto, and they need not, for those purposes, be further indicated on diagrams to be transmitted to the Council.
All lands included in any Assessment District which have been previously approved by the Council for maintenance, under this chapter, of lighting systems or appliances in existence and service on the date of passage of the ordinance incorporating this provision to-wit, January 4, 1961, are hereby approved by the Council for subsequent assessment purposes as contemplated herein; and the City Engineer shall certify on assessment maps showing such lands as assessable, the date and fact of the last preceding approval by the Council of the respective Assessment Districts. The certificates of the said City Engineer shall be prima facie evidence of the truth of the matters certified.
Copies of all Assessment District diagrams, not previously recorded, and of assessment maps, or revised pages thereof, that have been approved by the Council, and copies of pages of assessment maps on which are shown change of numbers or identifications of parcels of land, or combinations or divisions of parcels, shall be recorded by the Board of Public Works in suitable records to be kept in the Bureau of Engineering for that purpose. Such diagrams and maps shall, during all office hours, be open to the inspection of any person wishing to examine them, free of charge.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 117,944; 2nd, 3rd & 4th Para., amended by Ord. No. 149,941*, Eff. 8-15-77.
Whenever any lot or parcel of land belonging to the United States, or to the State of California, or to the County of Los Angeles, or to the City of Los Angeles, or to any public agent or mandatory of the government, whether federal, state, county or municipal, and being used in the performance of any public governmental function, shall be included within the district to be assessed to pay the costs and expenses of the proposed improvement, the Council may, in the Ordinance of Intention, declare that said lots or parcels of land, or any of them, shall be omitted from the assessment thereafter to be levied to cover the costs and expenses of the improvement, in which event the total amount to be assessed for the improvement shall be assessed upon the remaining lots or parcels of land lying within the limits of the Assessment District, without regard to such omitted lots or parcels of land. In the event that there is no declaration in the Ordinance of Intention that any such lots or parcels of land shall be omitted from the assessment, then the City shall be liable for such sums as may thereafter be assessed against those lots or parcels, which sums shall be payable by the City out of the general fund unless another fund is designated therefor. However, any such sums which may be assessed against any such lots or parcels of land shall not be payable by the City when such sums are paid by the owner of or the governing body controlling such lots or parcels of land.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 117,944.
Whenever the owner or the governing body having control of any lot or parcel of land owned and used as provided in Section 6.100, or of any land which has become so owned and used subsequent to being assessed, tenders, prior to the issuance of a deed on account of delinquency, the payment of the unpaid amount assessed against the property pursuant to this chapter, the City Engineer is authorized to accept such assessed amounts in full payment thereof and in redemption from any sale hereunder and to waive payment of any penalties, costs of sale and any other charges imposed for redemption under this chapter.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 117,944; Ord. No. 149,941*, Eff. 8-15-77.
Upon the filing of said report, the City Clerk shall present the same to the City Council for consideration, and the City Council may approve, correct or modify the same in any respect, or may direct the Board of Public Works to make changes therein. When said report has been approved, or approved as modified and corrected, the Council may pass an ordinance declaring its intention to order the said improvement. Said Ordinance of Intention, in addition to the matters required in Section 6.97, shall refer to the report of the Board of Public Works on file in the office of the City Clerk, and shall contain also a notice of the time and place when and where protests relative to the proposed improvement will be heard by the City Council, which time shall be not less than 20 days from the date of passage by the Council of the Ordinance of Intention. Said ordinance shall be published by one insertion in a daily newspaper published and circulated in the City of Los Angeles.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 108,449.
After the adoption of the Ordinance of Intention the Board of Public Works shall cause a notice, entitled “Notice of Street Lighting Maintenance,” to be published not less than two times in a newspaper of general circulation printed and published in the City. Such notice shall contain statements of the facts of the passage of such ordinance and that an assessment is proposed to be levied therefor, the ordinance number and the time and place when and where protests relative to the proposed improvement or appeals against the assessment will be heard by the Council. It shall briefly describe the improvement substantially the same as it is described in the Ordinance of Intention, and refer to the Ordinance of Intention for further particulars. The publication of the notice shall be completed at least ten days prior to the time set for the hearing of protests.
In proceedings for maintenance of and furnishing of current to any street lighting system for the first period after its acceptance or acquisition by the City, the City Engineer shall mail notices, at least 15 days prior to the date fixed for the hearing, addressed to the owners of real property within the Assessment District, as their names appear upon the real property ownership records of the City Engineer’s office, stating the time, place and purpose of the hearing, and the period for which the said maintenance and furnishing of current is proposed. Such mailed notices shall also state that necessary maintenance and current for succeeding periods may be ordered after hearings by the Council of protests relating thereto, and that notice of such hearings shall be published at least 10 days prior to the dates of hearing; and that for any or all of such succeeding periods the said system or district may be maintained separately or may be incorporated with other systems or districts. If the published notices for such first periods of maintenance contain similar statements, copies thereof may be mailed by the City Engineer to property owners in the district in compliance with this paragraph. The failure of the City Engineer to mail any such notice or the failure of any person to receive the same shall not affect the validity of any assessment or other proceeding provided for in this chapter.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 116,470; 2nd Para., Ord. No. 181,595, Eff. 4-10-11.
Loading...