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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.
At any time prior to the issuance and delivery of a deed to any property sold under the provisions of this chapter, such sold lot or parcel of land may be redeemed by the payment to the Board of Public Works of the amount for which the same was sold, with an additional penalty of one per cent per month, until paid, of said amount of sale, together with such other amounts as may be payable as provided for in Section 6.116 of this chapter. Said one per cent penalties shall be added on the first day of each month following the date of sale of said property. Upon the redemption from sale of any lot or parcel of land the fact and date of such redemption shall be reported to the City Engineer and shall be entered on the original duplicate certificates of the sale.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 108,449; Ord. No. 181,595, Eff. 4-10-11.
At any time after the expiration of one year and within four years from the date of sale, the Board of Public Works shall execute to the City as purchaser and deliver to the City Engineer a deed of the property sold and not redeemed, in which shall be recited substantially the matters contained in the certificate of sale relating to such lot or parcel of land and the fact that no person has deemed the same.
At least 30 days before it executes the deed the Board of Public Works shall serve a written notice upon the owner of the property purchased, or mail such notice, postage prepaid, addressed to the owner as the owner’s name and address appear on the last Equalized Assessment Roll, if they so appear, or as known to the City Engineer, and shall serve such notice upon the party occupying the property, if the property is occupied. If the occupant of the property cannot be found after due diligence or if the property is unoccupied, a similar notice must be posted in a conspicuous place upon said property at least 30 days before the date stated therein on which the deed will be executed. The notice shall set forth a description of the property, stating that said property has been sold for a delinquent assessment, specifying the improvement for which the same was made, the amount for which the delinquent property was sold, the amount necessary to redeem at the time of giving notice and the time when the Board will execute a deed to the City.
Affidavits must be filed in the office of the Bureau of Engineering showing that such written notices, as required herein, were served upon or mailed to the owner of the property and served upon the occupant or posted and showing due diligence if the property is occupied and the occupant cannot be found. If redemption of the property is made after affidavits are filed, the person making such redemption must pay, in addition to the other amounts required, three dollars ($3.00) for the service of notice and the making of such affidavits. The Board shall not execute a deed until the written notice has been served, mailed or posted and affidavits have been filed as required herein.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by Ord. No. 108,449; 3rd Para., Ord. No. 149,941*, Eff. 8-15-77; 1st and 2nd Para., Ord. No. 181,595, Eff. 4-10-11.
The deed of the Board of Public Works 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.
SECTION HISTORY
Based on Ord. No. 75,000.
All sums collected on account of the assessment and any amount ordered by the Council for part of the costs and expenses of the improvement shall be placed in the City Treasury in a special fund designated as the Street Lighting Maintenance Assessment Fund which shall be used:
(1) for payment of costs and expenses of maintaining, including operating, repairing and replacing, the system or systems and appliances, as defined in Section 6.96 of this chapter, for the period for which the proceeding is conducted, with any surplus to be used as provided in this chapter; and
(2) as a source of funds for appropriations to the annual budget of the Bureau of Street Lighting, and related costs. Costs and expenses paid, which are not a part of the districts’ maintenance, shall be reimbursed from the appropriate revenues, within the year of their expenditure.
The Council may provide in the annual budget, or at any time by appropriation or transfer, for funds to be available as needed for any improvement or for continuing the maintenance of any or all street lighting systems and appliances, in addition to the assessments made therefor.
If for any reason there shall be a deficiency in the funds derived from the assessment for any improvement under this chapter, including all incidental expenses thereof, the City Council may meet such deficiency by an appropriation out of the General Fund or by ordering a supplemental assessment in the same manner and as nearly as may be as the preceding assessment, except that protest may only be made against such supplemental assessment.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 117,944; Title and Sec., Ord. No. 169,857, Eff. 7-9-94.
If any unexpended balance, after payment for the improvement, of the sums derived from the assessments and of the City’s share of costs and expenses for any improvement remains in the special fund provided for in Section 6.118 hereof, at or after the expiration of the period specified in the Ordinance of Intention, it shall be credited to the funds to be raised for the next ensuing period of the improvements with the exception of the funds as provided for in Section 6.96 of this article. The unexpended balance of the funds set aside for defraying the cost and expenses of replacement of obsolete equipment as provided for in said Section 6.96 of this article may be carried forward to the succeeding assessment year for said purpose. Whenever the City Council, in its discretion, does not reorder the said improvement to be made, any such unexpended balance may be retained in such fund to be used by the Department of Public Works to defray the costs and expenses of securing or dismantling and storing the lighting system, or portions thereof, or in any manner to maintain the said lighting system in good repair and condition, or to insure the public safety, or in restoring the said lighting system to service at a subsequent date; provided, however, that if such unexpended balance be insufficient to cover such costs and expenses, the City Council, in its discretion and from time to time, may order that a sufficient amount to meet such costs and expenses be paid out of the City Treasury from such funds as it may designate.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 132,478.
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