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No judgment or decree, or any act of the Council vacating a special assessment shall destroy or impair the lien of the city upon the premises assessed, for such amount of the assessment as may be equitably charged against the same, or as by a regular vote or proceeding might have been lawfully assessed thereon.
(Ord. 2013-01, passed 9-10-2013)
The Treasurer shall make return of the assessment roll and warrant to the City Clerk according to the requirements of the warrant, and if any of the assessments in the roll are returned unpaid, the Treasurer shall attach to his or her return a statement, verified by affidavit containing a list of the persons delinquent, and a description of the lots and premises upon which the assessments remain unpaid, and the amount unpaid on each.
(Ord. 2013-01, passed 9-10-2013)
The warrant may be renewed from time to time by the City Clerk, if the Council shall so direct, and for such time as they shall determine, and during the time of such renewal the warrant shall have the same force, and the City Treasurer shall perform the same duties and make the like returns, as provided in this division.
(Ord. 2013-01, passed 9-10-2013)
At any time after a special assessment has become payable, the same may be collected by suit, in the name of the city, against the person assessed, in an action of assumpsit in any court having jurisdiction of the amount, in every such action, a declaration upon the common count for money paid shall be sufficient. The special assessment roll and a certified order or resolution confirming the same shall be prima facie evidence of the regularity of all the proceedings in making the assessment, and of the right of the city to recover judgment therefore.
(Ord. 2013-01, passed 9-10-2013)
If in any such action it appears that by reason of any irregularities or informalities the assessment has not been properly made against the defendant or upon the lot or premises sought to be charged, the court may nevertheless, on satisfactory proof that expense has been incurred by the city, which is proper charge against the defendant or that lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.
(Ord. 2013-01, passed 9-10-2013)
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