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Before adopting the Ordinance of Intention for the purpose of land stabilization, the Council shall cause to be prepared for it by the Board a map or diagram showing each area of land and public street, alley, or other public place to be opened, widened, relocated or improved, the general nature, location and extent of the proposed improvements, and the parcels of land deemed by the Council to be benefited by the proposed work or improvement and to be assessed to pay the cost thereof, numbered to correspond with the numbers in the proposed assessment roll hereinafter provided for. The parcels of land hereinbefore referred to shall be included within a District to be known as the Assessment District, and indicated by a boundary line shown upon said map or diagram. Said map or diagram shall accompany and be part of the said proposed Assessment Roll which shall be prepared by the Board showing the total estimated costs of the proposed improvement (inclusive of incidental expenses) and the estimated amount of the several assessments proposed to be assessed upon each parcel of land, in proportion to the estimated benefits to be received by each of said several parcels of land.
The estimated cost of the improvement and said incidental expenses shall be separately stated.
When said map or diagram has been completed and it, together with the said proposed Assessment Roll, shall have been approved by the Council, the face and date of such approval shall be endorsed thereon by the City Clerk, and said map or diagram and proposed Assessment roll shall be filed with the City Clerk, and shall be open to public inspection.
SECTION HISTORY
Based on Ord. No. 126,186.
If any lot or parcel of land belonging to the United States, or to the State, or to any county, City, public agent, mandatory of the government, school board, educational, penal or reform institution or institution for the feeble-minded or the insane, is in use in the performance of any public function, and is included within the District to be assessed to pay the costs and expenses thereof, the Council may, in the Ordinance of Intention, declare that such lots or parcels of land, or any of them, shall be omitted from the assessment thereafter to be made to cover the costs and expenses of the work. If any such lots or parcels of land are omitted from the assessment, the total expense of all work done shall be assessed on 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.
If the Council, in the Ordinance of Intention, declares that any such lots or parcels of land owned and used as provided in this section shall be included in the assessment or if no declaration is made respecting any such lots or parcels of land, then the City shall be liable for such sums as may thereafter be assessed against such lots or parcels of land. The assessment shall be payable by the City out of the General Fund unless the Council shall in its Ordinance of Intention designate another fund. Any 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. 126,186.
Upon the adoption of said Ordinance of Intention, the City Engineer shall mail, except where the hearing of objections has been waived as provided in Section 6.182, postage prepaid, to all persons owning real property which is proposed to be assessed to pay any of the costs and expenses of the work, whose names and addresses appear on the last Equalized Assessment Roll or on the records of the City Engineer, a postal card containing a notice which shall be substantially in the following form:
[IMPROVEMENT HEARING NOTICE RE LAND STABILIZATION]
You are hereby notified that the Council of the City of Los Angeles, California, has adopted an ordinance declaring its intention to stabilize land and for such purpose to order the acquisition in or improvement of ________________. All protests must be filed in writing in the office of the City Clerk before the hour of ____ o'clock A.M. on the ____ day of ___, _____, and all protests so filed will be heard and considered by the Council in the Council Chambers at said time. You are hereby referred to said Ordinance No. _____ for further particulars. The total estimated cost of the improvement, including acquisitions, if any, is $______. Property belonging to you is proposed to be assessed for this acquisition or improvement and acquisition in the estimated amount of $______. Assessment No. _____.
_____________________________
City Engineer
The City Engineer shall, upon the completion of the mailing of said notice, file with the Council an affidavit setting forth the time and manner of compliance with the requirements of this section. The failure of the City Engineer to mail such notice or the failure of any person to receive the same shall not affect in any way whatsoever the validity of any proceeding taken under this article, nor prevent the Council from proceeding with any hearing so noticed.
SECTION HISTORY
Based on Ord. No. 126,186.
Amended by: Ord. No. 181,595, Eff. 4-10-11.
The Board shall, after the publication of the Ordinance of Intention, except where the hearing of objections has been waived as provided in Section 6.182, cause to be conspicuously posted on each parcel or lot of land located in the proposed Assessment District and on all the open streets within the District, at not more than 300 feet apart, but not less than three in all, notices of the passage of said ordinance. Said notice shall be headed “Notice of Land Stabilization – Improvement and Acquisition” in letters not less than one inch in height; and shall in legible characters state the fact of the passage of the Ordinance of Intention and briefly describe in general terms the proposed improvement, or improvement and acquisition, referring to the maps, plans, profiles and specifications therefor on file in the office of the City Engineer for all details and descriptions. Reference shall also be made to the Assessment Map and roll on file in the office of the City Clerk for all details as to the extent of the Assessment District, and the estimated amount of the assessment to be levied upon each lot or parcel of land therein. Said notice shall make reference to any proposed acquisition and shall set forth the estimated cost of such acquisition.
Said notice shall also contain a statement of the day, hour and place fixed in the Ordinance of Intention for the hearing of all protests to the proposed work, acquisition or improvement, and that any and all such protests thereto must be filed in writing in the office of the Clerk prior to said time. Said posting shall be completed not less than ten (10) days prior to the day set for said hearing. An affidavit shall be filed in the office of the City Clerk setting forth the manner of the compliance with the requirements of this section.
SECTION HISTORY
Based on Ord. No. 126,186.
At any time not later than the hour fixed in the Ordinance of Intention for hearing of protests, any owner of property liable to be assessed for the work, except those owners who have waived the hearing of objections as provided in Section 6.182, who objects to (a) the proposed acquisition, work, or improvement; (b) the cost of the acquisition, work, or improvement; (c) the manner of making the proposed assessment; (d) the estimated assessment against any of the lots or parcels of land or (e) the extent of the Assessment District, may make written protest. Such written protests must be filed with the City Clerk not later than said time and must be in writing and contain a description of the property in which each signer thereof is interested, sufficient to identify the same and if the signers are not shown on the last Equalized Assessment Roll as the owners of such property, such written protest must contain or be accompanied by written evidence that such signers are the owners of such property and in case any signature is made by an agent of the person interested there must be attached to the protest the affidavit of such agent that the agent is duly authorized to sign such protest. Any protests not complying with the foregoing requirements need not be considered by the Council. All such protests shall be delivered to the Clerk and no other protests or objections shall be considered.
The City Clerk shall endorse on every such protest the time of its reception by the City Clerk and at the time fixed for the hearing the City Clerk shall present to the Council all protests so filed with the City Clerk. The Council shall hear and consider said protests at said meeting, or at any time to which the hearing thereof may be continued and pass upon the same and its decision thereon shall be final and conclusive; provided, however, that if the Council finds that protests against the proposed work, or work and improvement, or the cost thereof, are filed by the owners of more than one-half of the area of the property to be assessed for said improvements, and protests are not withdrawn so as to reduce the same to less than a majority, no further proceedings shall be taken and the Council shall be barred for a period of six months from the date of the filing of such majority protest from instituting any proceedings for the same improvement, unless such protests are overruled by an affirmative vote of four-fifths of the members of the Council, or unless the owners of a majority of such property shall, in the meantime, petition for such improvement to be made. Any interested person may withdraw the person’s protest in writing at any time before the conclusion of the said hearing.
If it shall be necessary, in order to find whether a majority protest exists, to determine whether any or all of the signers of written protests are the “owners” of property to be assessed, the Council shall make such determination from the last Equalized Assessment Roll, and written evidence submitted with a written protest and any other evidence received at the hearing. The Council shall be under no duty to obtain or consider any other evidence as to ownership of property and its determination of ownership shall be final and conclusive.
If protests are filed by the owners of less than a majority of such area, and such protests are sustained, no further proceedings shall be had under said Ordinance of Intention, but a new Ordinance of Intention for the same improvement may be passed at any time. If such protests are denied, the proceedings shall continue as if such protests had not been made.
If any of the written protests as provided in this section should be against the proposed work or work and acquisition, or the extent of the Assessment District, the Council may by resolution change or modify the work or improvement or acquisition, or may change the boundaries of the Assessment District as hereinafter provided.
SECTION HISTORY
Based on Ord. No. 126,186.
Any person interested whose property is to be assessed to pay the, costs and expenses of the proposed work, except those owners who have waived the hearing of objections as provided in Section 6.182, may, at the time fixed in the Ordinance of Intention for hearing of objections to the proposed work, appear before the Council and make objections to the proposed contour or grade or proposed modification of contour or grade. A failure to make objections at that time shall be deemed to be a waiver of all objections to the proposed contour or grade or proposed change or modification of contour or grade and shall operate as a bar to any claim for damages or any subsequent action looking to the prevention of the work or the recovery of damages on account of the performance of the work to such contour or grade, or changed contour or grade.
SECTION HISTORY
Based on Ord. No. 126,186.
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