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After the adoption of the Ordinance of Intention, the Board of Public Works shall cause to be conspicuously posted along the line of the proposed improvement, at not more than three hundred feet apart, but at not less than three places in all, notices of the adoption of said Ordinance of Intention. In every case all posting must be completed at least fifteen days before the day set for hearing protests as provided for in Section 6.226, hereof. Said notices shall be headed, “Notice of Street Tree Maintenance,” in letters of not less than one inch in length; and shall, in legible characters state the fact of the adoption of the Ordinance of Intention, its date and briefly describe the proposed improvement and refer to the Ordinance of Intention for further particulars. Said Board shall also cause a notice, similar in substance, to be published by two successive insertions in a daily or weekly newspaper of general circulation, printed and published in the City and designated by the City Council for that purpose. Said notices shall contain also a statement of the time and place when and where protests relative to the proposed improvement will be heard by the City Council. Whenever the proposed improvement includes the planting of trees, said notices shall be headed “Notice of Street Tree Planting and Maintenance.” No proceeding shall ever be held invalid for failure to comply herewith, if these provisions have been substantially complied with.
SECTION HISTORY
Based on Ord. No. 89,450.
At any time prior to the day set for hearing protests in relation to the proposed improvement, as hereinbefore provided, any person interested and affected by the proposed assessment may file a written protest stating the person’s objections thereto, with the City Clerk. Such protests must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and be delivered to the City Clerk, and no other protests than those presented in the form and within the time specified shall be considered. The City Clerk shall endorse on every such protest the date of its reception by the City Clerk, and shall, at the time appointed for said hearing, present the same to the City Council. The City Council shall hear and consider said protests at the time appointed therefor, as above provided, or at any time to which the hearings thereof may be continued, and pass upon the same, and may confirm, correct or modify said assessment as may be necessary in its judgment to the end that the costs thereof may be properly and justly charged against the property benefited in accordance with said benefit and its decision shall be final and conclusive. If such protests are sustained, the proceedings shall be abandoned but may be renewed any time. If such protests are denied, or in case no protests have been filed, the proposed assessment shall be confirmed and the City Council shall be deemed to have acquired jurisdiction to further proceed in accordance with the provisions of this article. Thereafter the City Council shall, by ordinance, order the proposed improvement to be made and declare its confirmation of the said assessment, which ordinance shall be final and conclusive on all persons in all particulars and the assessment shall thereafter be levied upon the lots, pieces or parcels of land within the Assessment District, as provided in Section 6.231.
SECTION HISTORY
Based on Ord. No. 89,450.
The validity of any assessment levied under the provisions of this article shall not be contested in any action or proceeding unless the same is commenced within thirty days after the time said assessment is levied, and any appeal from a final judgment in such action or proceeding must be perfected within thirty days after the entry of such judgment.
SECTION HISTORY
Based on Ord. No. 89,450.
Upon the confirmation of such assessment as provided for in Section 6.228 hereof, the City Clerk shall transmit the diagram and assessment upon which the levy is based to the Board of Public Works.
SECTION HISTORY
Based on Ord. No. 89,450.
After receipt of the said diagram and assessment referred to in the last preceding section, the Board of Public Works shall record the same in a suitable book to be kept for that purpose in the Bureau of Engineering and append thereto its certificate of the date of such recording. Such recording shall constitute the Assessment Roll. Upon such recording, the assessments shall be deemed to be levied and from the date of such recording all persons shall be deemed to have notice of the contents of the Assessment Roll.
Thereafter, at any time prior to the beginning of the period of the improvement specified in the Ordinance of Intention, the Bureau of Engineering shall give notice by publication, by one insertion in a newspaper of general circulation, published and circulated within the City of Los Angeles, that said diagram and assessment have been recorded and that all sums so assessed therein are due and payable immediately and that payments of said sums be made to the Bureau of Engineering within thirty (30) days after the publication on said notice, which date shall be stated therein. Said notice shall also contain the statement that all assessments not paid before expiration of the said thirty days shall be delinquent, and thereupon ten per cent of the amount of each such assessment shall be added thereto.
Immediately upon publication of the recording, the several assessments contained in such Assessment Roll, shall become due and payable, and each of the assessments shall be a lien upon property against which it is made, paramount to an other liens except liens for State, County and municipal taxes, and shall only be discharged by the payment of the assessment or by redemption of the property after sale for delinquency. All such assessments remaining unpaid after thirty (30) days from the date of the publication of the Notice of Recording, as herein provided for, shall become delinquent and ten per cent shall be added to the amount thereof.
SECTION HISTORY
Based on Ord. No. 89,450.
Amended by: 1st and 2nd Para., Ord. No. 149,941*, Eff. 8-15-77.
The Board of Public Works shall, within sixty (60) days after the date of such delinquency, begin the publication of a Notice of Sale of the property upon which the assessment have not been paid, which publication shall be made by two insertions in a newspaper of general circulation published and circulated in the City of Los Angeles. The date fixed for the sale of the property upon which assessments have not been paid, shall be not less than twenty (20) days from the date of the first publication of said Notice of Sale. The Notice of Sale so published shall constitute the delinquent list and contain a description of each lot or parcel of land delinquent, and opposite each description the name of its owner, if known, otherwise designating the owner as unknown, and the amount of the assessment, penalties and costs due, including the cost of advertisement. Said Board shall append to and publish with said delinquent list, a notice that unless each assessment delinquent, together with the penalties and costs thereon, is paid, the property upon which each assessment is a lien, will be sold at public auction, at a time and place to be specified in said notice.
At any time after such delinquency and prior to the sale of any parcels of land assessed and delinquent, any person may pay the assessment thereon, together with the penalties and costs due thereon, including the cost of advertising, if such payment is made after the publication of Notice of Sale.
At the time and place fixed in said notice, the Board of Public Works shall proceed with such sale, commencing at the head of the list of lands contained in such notice and continuing in the numerical order thereof, until all property is sold; provided, that said Board may postpone, or continue, the sale from day to day until the sale is completed. The Board of Public Works shall separately sell each parcel of land described in said notices, or so much thereof as shall be necessary to realize the amount assessed against the same, including the penalties and costs aforesaid and $7.00 for a Certificate of Sale. In case there is no other purchaser, the same shall be struck off to the City as purchaser, or the City may bid thereon in the interests of the property owners, to the exclusion of all other bidders.
SECTION HISTORY
Based on Ord. No. 89,450.
Added by Ord. No. 149,299, Eff. 2-17-77.
The Board of Public Works shall issue for each parcel an original and duplicate Certificate of Sale, referring to the proceedings, describing the parcel sold, and giving the name of the purchaser and the amount for which said parcel was sold. The original certificate shall be delivered to the purchaser and the duplicate shall be kept on file. When the City is the purchaser, said certificate shall be filed with the City Engineer.
SECTION HISTORY
Based on Ord. No. 89,450.
Amended by: Ord. No. 181,595, Eff. 4-10-11.
At any time after the date of sale and prior to the issuance and delivery of a deed to said property as provided for in Section 6.235 of this article, any property sold under the provisions of this article may be redeemed by the payment to the Board of Public Works of the amount for which the property was sold, with an additional penalty of one per cent per month, until paid, of said amount of sale, together with such other penalties as may be payable as provided for in Section 6.235 of this article. Said one per cent penalties shall be added on the first day of each month following the date of sale of said property.
Money paid in on such redemptions shall be paid by the Board of Public Works to the person holding the original Certificate of Sale, upon the person surrendering the same and upon giving a receipt for the amount received from the Board of Public Works therefor. Upon redemption of any parcel of land the Board of Public Works shall enter the fact and date of such redemption upon the original and upon the duplicate Certificate of Sale therefor.
SECTION HISTORY
Based on Ord. No. 89,450.
At any time after the expiration of twelve months from the date of sale, the Board of Public Works must execute to the purchaser, or the purchaser’s assignee on the purchaser’s application if such purchaser or assignee has complied with the provisions of this section, a deed of the property sold, in which shall be recited substantially the matters contained in the certificate, also any assignment thereof and the fact that no person has redeemed the property. The Board of Public Works shall receive from the applicant one dollar for making such deed, unless the City is the purchaser, in which case no charge shall be made therefor. The purchaser or the purchaser’s assignee, must, at least thirty days before the purchaser or assignee applies for a deed, serve upon the owner of the property, and upon the occupant of such property, if the same is occupied, a written notice setting 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 such purchaser or the purchaser’s assignee will apply to the Board of Public Works for a deed. If said owner cannot be found, after due diligence, said notice must be posted in a conspicuous place upon said property at least thirty days before the time stated therein at which the application for a deed will be made. The person applying for a deed must file with the Board of Public Works an affidavit or affidavits showing that such notice of such application has been given or posted as herein required, and if the notice was not personally served on the owner of the property, that due diligence was used to find said owner before such posting; and such affidavit or affidavits must be filed in the office of the Board of Public Works. 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 for the service of notice and the making of such affidavits, which amount shall be paid over to the purchaser or the purchaser’s assignee in the same manner as other sums paid for redemption. No deed for any property sold for delinquent assessment shall be made until the purchaser or the purchaser’s assignee has complied with all the provisions of this section, and filed the proper affidavits with the Board of Public Works.
SECTION HISTORY
Based on Ord. No. 89,450.
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