(A) Subject to the curative provisions of § 35.16 of this chapter and the rights of the city to reassess as provided in § 35.17 of this chapter, proceedings for writs of review and suits in equity may be filed not earlier than 30 days, nor later than 60 days, after the filing of written objections, as provided herein.
(B) A property owner who has filed written objections with the City Recorder prior to the public hearing may have the right to apply for a writ of review based upon the City Council’s exercising its functions erroneously or arbitrarily or exceeding its jurisdiction to the injury of some substantial right of such owner, if the facts supporting such claim have been specifically set forth in the written objections. A property owner who has filed written objections with the City Recorder prior to the public hearing may commence a suit for equitable relief based upon a total lack of jurisdiction on the part of the city; and, if notice of the improvement shall not have been sent to the owner, and if the owner did not have actual knowledge of the proposed improvement prior to the hearing, then the owner may file written objections alleging lack of jurisdiction with the City Recorder within 30 days after receiving notice or knowledge of the improvement.
(C) No provision of this section shall be construed so as to lengthen any period of redemption or so as to affect the running of any statute of limitation. Any proceeding on a writ of review or suit in equity shall be abated if proceedings are commenced and diligently pursued by the City Council to remedy or cure the alleged errors or defects.
(Prior Code, § 2.01.090) (Ord. 117, passed 10-19-1981)