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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.
If no protests or objections in writing have been delivered to the Clerk up to the hour set for the hearing thereon, or if protests have been found by the Council to be insufficient, or have been overruled, or have been heard and denied, immediately thereupon the Council shall acquire jurisdiction to order the proposed work or work and acquisition to be done. If the hearing of objections is not required, immediately upon the passage of the Ordinance of Intention the Council shall acquire jurisdiction to order the proposed work or work and acquisition to be done. Having acquired such jurisdiction and if it decides to proceed with the acquisition or improvement, the Council shall adopt an ordinance ordering such work or work and acquisition to be done, which ordinance shall be referred to herein as the Final Ordinance.
SECTION HISTORY
Based on Ord. No. 126,186
Within five (5) days after the publication of the Final Ordinance the City Engineer shall mail, postage prepaid, to the owners of lots or lands liable to be assessed who have waived the hearing of objections as provided in Section 6.182 of this article, a postal card containing a notice in substantially the following form:
[ASSESSMENT HEARING NOTICE RE LAND STABILIZATION]
You are hereby notified that the Council of the City of Los Angeles, has adopted an ordinance ordering the work or acquisition or improvement of ________________. You are referred to said Ordinance No.____ for further particulars. Property belonging to you is proposed to be assessed for this acquisition or improvement in the estimated amount of $______ Assessment No _______.
________________________
City Engineer
The City Engineer shall upon completion 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.
SECTION HISTORY
Based on Ord. No. 126,186.
Amended by: Ord. No. 181,595, Eff. 4-10-11.
Insofar as applicable the provisions of the Improvement Act of 1911 in Sections 5230 to 5235, inclusive, in Chapter 8.5 of Part 3 of Division 7 of the Streets and Highways Code, relating to change of work, boundaries of Assessment District or proceedings, shall govern and control change of work, boundaries of the Assessment District and proceedings therefor.
SECTION HISTORY
Based on Ord. No. 126,186.
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