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Section
6.330 Purpose and Authority.
6.331 Definitions.
6.332 Formation of District.
6.333 Majority Protest – Proceedings Abandoned.
6.334 Final Ordinance.
6.335 Recordation of District Diagram and Assessment.
6.336 Conduct of Maintenance Work and Establishment of Special Fund for Payment of Maintenance Work.
6.337 Levying and Collecting Assessment.
6.338 Changes in the Assessment District.
6.339 Legal Action to Contest Assessment.
(a) It is the purpose of this article to allow the formation of districts within the City within which the cost of maintenance of sewer pumping facilities should be paid by the benefited property owners.
(b) The City Council of the City of Los Angeles, acting under the authority conferred upon it by the City Charter, shall have the power and authority to order the maintenance of sewer pumping facilities in the City, to declare the districts to be benefited by such maintenance work and to assess the costs and expenses of such maintenance on the lots or parcels of real property within the districts.
SECTION HISTORY
Added by Ord. No. 159,089, Eff. 7-28-84.
“Maintenance work,” as used in this article, means the necessary repair, care, replacement, electric current and all other items which are necessary for the proper maintenance and operation of the sewer pumping facilities involved, together with administrative expenses relating to the preparation and collection of the assessment.
“Maintenance trust accounts,” as used in this article, shall mean monies deposited with the City by a developer, pursuant to subdivision or other land development proceedings, the interest from which is used to offset the cost of maintenance of sewer pumping facilities.
SECTION HISTORY
Added by Ord. No. 156,089, Eff. 7-28-84.
(a) Proceedings to create a sewer pumping facilities maintenance assessment district may be commenced by:
(1) order or other action of the City Council expressing its intent to create a district within the boundaries described therein and ordering the Board of Public Works to prepare a report as required by this article,
(2) a petition, signed by the owners of more than one half the area of all assessable land within the proposed assessment district, containing a general description of the boundaries of the proposed district and requesting the formation of a sewer pumping facilities maintenance district, or
(3) any statutory method by which such proceedings may be initiated.
(b) The order or other action of the Council or petition of the property owners shall be filed with the City Clerk. The City Clerk upon receipt of the Council’s action or petition shall refer the matter to the Board of Public Works which shall make and file with the City Clerk a written report containing the following:
1) Identification of the facilities which are to be maintained.
2) Plans and specifications for the proposed maintenance and an estimate of the total cost and expense of the maintenance for the first two years in which such services will be performed.
3) A diagram showing the boundaries of the proposed assessment district and each lot or parcel of land within the proposed district which will be subject to assessment.
4) The proposed assessment on each lot or parcel within the district for the first two years in which maintenance will be performed based on estimated benefits to be received by each such lot or parcel.
1) The Ordinance of Intention shall contain, in lieu of a description of trees and sidewalks proposed to be maintained and estimated cost of maintenance, a description of the facilities to be maintained, the estimated total cost of maintenance for the first two years during which work will be performed and that the assessments on the individual lots or parcels shall be made on the basis of benefits estimated to be received by each lot or parcel.
2) Notices shall be entitled or headed “Notice of Sewer Pumping Facilities Maintenance” instead of “Notice of Sidewalk Tree Maintenance.”
SECTION HISTORY
Added by Ord. No. 159,089, Eff. 7-28-84.
If the City Council finds that protests against the proposed work are made by the owners of more than one-half the area of the property to be assessed, the Council shall order the proceedings to be abandoned, and no further proceedings shall be taken for one year from the date of the order, unless such majority protest is overruled by an affirmative vote of four-fifths of the members of the Council.
SECTION HISTORY
Added by Ord. No. 159,089, Eff. 7-28-84.
Upon confirmation of the assessment, the City Clerk shall transmit the diagram of the district and the assessment to the Board of Public Works. The Board of Public Works shall cause the diagram of the district to be recorded with the County Recorder, together with the determination of the Council establishing the district as a continuing assessment district for sewer pump facilities maintenance. Upon recordation of the diagram of the district the establishment of the assessment district shall be complete.
The assessment shall be recorded and maintained in a suitable book to be kept in the Bureau of Engineering. Immediately upon the recording of the first and all subsequent assessment rolls, the assessment shall be deemed to be a lien upon the lots or parcels of property within the assessment district. A Notice of Recording shall be published in the form and in the manner prescribed by Sec. 6.314 of the Los Angeles Administrative Code.
The assessment lien shall be subordinate to all existing special assessment liens previously imposed upon the same property but shall have priority over all special assessment liens which may thereafter be created against the property and shall be paramount to all other liens except for state, county and municipal taxes. The assessment lien shall continue until the assessment is paid or the property is sold in satisfaction of the lien as provided herein.
SECTION HISTORY
Added by Ord. No. 159,089, Eff. 7-28-84.
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