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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.
At any time prior to the day set for hearing protests in relation to the proposed improvement any person interested and affected by the proposed assessment may make written protest stating the person’s objections thereto. Such protests must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and be delivered to the City Clerk, and no other protests shall be considered. The City Clerk shall endorse on every such protest the date of its reception by the City Clerk, and shall, at the time appointed for said hearing, present the same to the Council.
At the time set for hearing protests or at any time to which the hearing may be continued the Council shall proceed to hear and pass upon all protests so made and its decision shall be final and conclusive. At such hearing the Council, by an affirmative vote of four-fifths of its members, may order changes in the proposed improvement by the elimination of any portion thereof and in the boundaries of the proposed Assessment District to eliminate therefrom any territory which will not, in its opinion, be benefited by the improvement to be made, and, by a majority vote, may confirm, amend, alter, modify or correct the assessment or diagram in such manner as to it shall seem just. If protests are sustained, the proceedings shall be abandoned but may be renewed any time. If protests are denied, or in case no protests have been filed, the proposed or modified assessment shall be confirmed and the Council shall be deemed to have acquired jurisdiction to further proceed in accordance with the provisions of the chapter.
Thereafter the Council shall, by ordinance, order the improvement as proposed or changed to be made and declare its confirmation of the said assessment, which ordinance shall be final and conclusive on all persons in all particulars and the assessment shall thereafter be levied as hereinafter provided upon the lots, pieces or parcels of land within the Assessment District.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 105,920.
The validity of any assessment levied under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within thirty days after the time said assessment is levied, and any appeal from a final judgment in such action or proceeding must be perfected within thirty days after the entry of such judgment.
SECTION HISTORY
Based on Ord. No. 75,000.
Upon the confirmation on the assessment the City Clerk shall transmit the diagram and assessment to the Board of Public Works; and, after the ordinance ordering the improvement is published, the said Board shall record such assessment and diagram in a suitable book to be kept in the Bureau of Engineering for that purpose, and append thereto its certificate of the date of the recording. Such record shall constitute the Assessment Roll and from the date of the recording all persons shall be deemed to have notice of its contents.
Immediately upon such recording the assessments shall be deemed to be levied, and the several amounts assessed shall be liens against the lots, pieces or parcels of land assessed, respectively. The lien shall be subordinate to all existing Special Assessment liens previously imposed upon the same property, but shall have priority over all Special Assessment liens which may thereafter be created against the property, and shall be paramount to all other liens except for state, county and municipal taxes. The lien shall continue until the assessment is paid or the property is sold and deeded to the purchaser or assignee as provided herein.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 105,581; 1st Para., Ord. No. 149,941*, Eff. 8-15-77.
If the City of Los Angeles, at any time prior to the confirmation of any assessment and diagram provided for herein, enters into an agreement with the County of Los Angeles pursuant to Section 51800 of the Government Code for the collection and enforcement by the County of Assessments levied pursuant to this chapter, then as to those real properties which appear on the last Equalized Tax Roll of the County of Los Angeles and that have been assessed for improvements for periods designed to end on June 30th of any year, said assessments shall be so collected and enforced, and notwithstanding any other provisions of this chapter it shall be sufficient for the notice of recording to state the fact and date of such recording by the Board of Public Works and that the several assessments so recorded shall be collected by and payable to the County Tax Collector along with the general taxes levied for City and County purposes and shall be subject to the same penalties and enforcement provisions relating to said general taxes; provided, however, that, if for any reason any of the several assessments may not be so collectible and enforceable along with general taxes against the properties, then the notice shall also state concerning those assessments the applicable requirements as to payment, delinquency and penalty as provided in Section 6.108.
Any assessment collectible by the County pursuant to such agreement which would be payable in installments if collected or enforced by the City shall also be payable to the County in like installments.
The City Engineer shall furnish to County officials each year, in accordance with the agreement, the necessary information regarding the amounts of assessments, or of installments if so payable, that are to be billed for and collected by the County during the tax-paying period.
All assessments levied under this chapter which are not collected or enforced pursuant to such contract with the County shall be subject to all other enforcement provisions of this chapter.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 116,761; 3rd Para., Ord. No. 149,941*, Eff. 8-15-77.
The Board of Public Works shall cause a Notice of Recording to be published by one insertion in a newspaper of general circulation, printed and published in the City of Los Angeles. Said notice shall state the fact of the recording of the assessment and diagram; the dates when the sums assessed became payable, and when they shall become delinquent; that payment of the assessments or installments thereof shall be made to the Bureau of Engineering prior to the delinquency dates therefor; and that a penalty of 10 per cent shall be added for delinquency for each such assessment or installment which is not so paid.
At or before the dates upon which the assessments or installments become payable the Board shall cause written bills or invoices specifying the amounts and dates for payment to be mailed to the owners of assessed properties, to their agents, as known to the City Engineer.
The failure to mail any bill or invoice or the failure of any person to receive the same shall not affect the validity of any assessment, lien, penalty, sale of other proceeding provided for in this chapter.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 108,312; Ord. No. 149,941*, Eff. 8-15-77; 2nd Para., Ord. No. 181,595, Eff. 4-10-11.
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