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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.
When the improvement is ordered for a period of two years or more the assessments therefor shall be paid to the Bureau of Engineering in two equal installments. The first such installment shall become payable upon the date specified therefor in the Notice of Recording, and shall become delinquent if not paid in full within 60 days after said date. The second such installment shall become payable one year after the date on which the first installment may be paid and shall become delinquent if not paid in full within one year after the delinquency date for payment of the first installment. Upon delinquency 10 per cent of the amount of any installment shall be added thereto.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 129,118; Ord. No. 149,941*, Eff. 8-15-77.
When the improvement is ordered for a period of less than two years each assessment therefor shall become payable to the Bureau of Engineering upon the date specified therefor in the Notice of Recording and shall become delinquent if not paid in full within 60 days after said date. Upon delinquency 10 per cent of the amount of any assessment shall be added thereto.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 105,581; Ord. No. 149,941*, Eff. 8-15-77.
If a remittance to cover a payment required herein to be made prior to a certain time, to avoid a penalty or sale for delinquency, is correctly addressed and sent through the United States mail it shall be treated, for such purposes, as if it had been received on the date and time shown by the post office cancellation mark stamped upon the envelope containing the remittance. Such a payment need not be accepted so as to relieve the assessed property from penalty or sale if the remittance is received more than 30 days after the time fixed for such payment.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 105,581.
Any person, showing evidence by presentation of a duly executed and recorded deed, purchase contract, final decree of court or other legal instrument that any property assessed hereunder is divided into lots or parcels of land the extent of which varies from that of the property, lots, or parcels of land as assessed, who is not the owner of the whole of such property as assessed, may apply to the Board of Public Works to have the assessment amended so that amounts proportioned to the benefits thereto, will be levied against each of such divided and separately owned lots or parcels of land.
The said Board shall grant the application and order the assessment and diagram to be amended accordingly; provided, however, that the entire property must still be subject to the assessment or an installment or a portion thereof, that any part of such property which has been sold for delinquency must be redeemed as provided herein, that the Board is satisfied with the evidence of the division of the property and that, in its opinion, the probability of collecting the full amount will not be impaired and the public interest will be served thereby.
The sum of the amended levies shall equal the total unpaid balance of the original assessment against property plus accrued penalties and costs thereon. The liens of the original levy shall continue as to the amended amounts and parcels, and each of such amended amounts shall be payable either in full or in installments the same as the original assessment or the sums making up the respective amended amounts.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 105,581.
Within 90 days after any assessment becomes delinquent or, if any assessment is payable in installments, within 90 days after the last installment thereof becomes delinquent, the Board of Public Works shall publish not less than two times in a daily or weekly newspaper of general circulation a notice of sale of such properties on which the assessments have not been fully paid. The notice so published shall constitute the delinquent list, and shall contain a description of each such lot or parcel of land at length or by its respective number as it appears upon the assessment and diagram, to which the notice shall refer; the name of the owner as the same appears in the property ownership records of the City Engineer if it so appears, otherwise designating the owner as unknown; the total amount of the assessment, penalties, and costs due, including the cost of advertising for each lot or parcel of land separately assessed; the place, day and hour of sale, which day shall not be less than 20 days from the date of publication of the notice; and a statement that unless the assessments, penalties and costs on any such lot or parcel of land are paid to the Bureau of Engineering prior to the time of sale such lot or parcel will be sold to the City for the said total amount due plus $7.00 for a certificate of sale.
Whenever assessments or installments for two or more improvements hereunder are delinquent and the properties assessed are to be sold therefor on the same date, the required notices of the delinquency and sale of all such properties in each of any number of such assessment districts may be published separately, or may be consolidated where practical.
At any time after such delinquency and prior to the sale any person may pay the assessment, together with the penalties and costs due thereon, including the cost of advertising if such payment is made after publication of the notice of sale.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 109,416; Ord. No. 149,299, Eff. 2-17-77; 1st Para., Ord. No. 149,941*, Eff. 8-15-77; 1st Para., Ord. No. 181,595, Eff. 4-10-11.
At the time fixed in the notice of sale, lots or parcels of land on which the total amount of the delinquent assessments, penalties and costs have not been fully paid shall by operation of law be sold by the Board of Public Works to the City of Los Angeles for such total amount due plus $50.00 for each such lot or parcel of land for a certificate of sale; and the fact of such sale shall be entered on the Assessment Roll opposite the description of each property sold. 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.
Funds in the amount for which such properties are sold to the City shall be transferred to the special fund for the improvement; and any redemption payments received on account of sold properties may be applied to reimburse the fund from which the transfer was made.
The Board of Public Works shall issue original and duplicate certificates of sale, referring to the proceedings describing each lot or parcel of land sold, stating that the properties are sold to the City and giving the amount for which each is sold. The original certificate shall be filed with the City Engineer and shall be retained as a record of the sale.
Any such certificate may include any number of parcels of property whether contiguous to each other or not.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 108,499, Ord. No. 149,299, Eff. 2-17-77; 3rd Para., Ord. No. 149,941*, Eff. 8-15-77; 1st Para., Ord. No. 168,733, Eff. 5-31-93; 3rd Para., Ord. No. 181,595, Eff. 4-10-11.
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