Notwithstanding the validity of any penalty of 10 per cent of the amount payable and delinquent on any assessment or installment, heretofore or hereafter added thereto for delinquency as provided in this chapter, the City Engineer of the City shall have authority prior to sale of the property for delinquency and upon the payment of the balance due and payable on the assessment or installment without such penalty, to waive the payment of and to cancel such penalty under the following conditions:
The said City Engineer shall be reasonably satisfied from investigation of the facts that error or delay in the work of City employees in connection with the computation, entering, posting or copying the records or accounts, or the preparation or mailing of bills or invoices was direct and principal cause for failure of the property owner or agent to receive his correct bill or invoice in reasonable time and that if such bill or invoice had been so received the owner or agent would have paid the necessary amounts before delinquency.
Whenever a penalty is waived and cancelled as herein authorized a statement thereof and of circumstances warranting the same shall be kept in the office of the Bureau of Engineering, and the fact of cancellation, with a reference to the statement, shall be marked on the records of the assessment or of the bill or invoice for payment for the delinquency of which the penalty was added.
After the thirtieth of June each year the said City Engineer shall certify to the Board of Public Works the total number and amount of such waived and cancelled penalties during the fiscal year ending on that date; that each waiver and cancellation has been investigated and is authorized by this section; and, particularly, the option that the penalty in each case was added for a delinquency which resulted directly and principally from error or delay in the work of City employee.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 108,312; Ord. No. 149,941,* Eff. 8-15-77.