Loading...
No suit or proceeding to set aside, avoid, annul or correct any assessment or reassessment, or to review any of the proceedings in connection therewith, or to question the validity thereof, or to enjoin the collection thereof, or the issuance of bonds representing, or secured by the same, shall be maintained unless it be commenced within 30 days after the recording of the warrant, diagram, and assessment or reassessment in the Department of Public Works, and thereafter all persons shall be barred from commencing any such action or from interposing as a defense any asserted invalidity of any such assessment or of bonds issued thereon or of any such reassessment or of bonds issued thereon. No proceedings had under this Article shall ever be held invalid on the ground that the public way, or any portion thereof, in, over or upon which the work or improvement, or any part thereof, is or shall be done, has not been, or shall not have been, lawfully dedicated or acquired, provided the same shall be lawfully dedicated or acquired, or an order of immediate possession and use thereof shall have been obtained, at any time before the entry of judgment in the suit involving such proceeding.
The said Director shall cause to be received at any time the amounts due upon any assessment and warrant issued, and shall also cause to be given a good and sufficient discharge therefor, unless written notice be given him that suit to foreclose an assessment has been filed.
The said Director shall cause to be released any assessment upon the books of the Department of Public Works on the payment of the amount of the assessment, with interest to date of payment, against any lot, or on the production to said Department of Public Works of the receipt of the party to whom the assessment and warrant were issued, or his assigns. If any warrant is lost, upon proof of such loss, a duplicate may be issued, upon which a return may be made with the same effect as if the original had been so returned. Upon the return of the assessment and warrant as provided in this Article, all amounts remaining due thereon shall draw interest at the rate set by the Director until paid. Said Director shall have full power to extend the time for the return of such warrant to said department.
The records kept by said Director or department shall have the same force and effect as other public records, and copies thereof, duly certified by said Director or the Secretary of said department, may be used in evidence with the same effect as the originals. The said records shall, during all office hours, be open to the inspection of any person wishing to examine them, free of charge.
(Amended by Ord. 368-82, App. 7/30/82)
In case any parcel of land against which any assessment has been levied has been subdivided or partitioned among several owners thereof, said Director of Public Works, on the written application of any owner thereof, shall make a proportionate division of such assessment and may amend the original assessment by a proportionate distribution of the assessment upon the several subdivisions of the parcel of land originally described. Such proportionate division of an assessment shall be without prejudice to the contractor or his assigns as to any assessment made in pursuance of the provisions of this Article. Such amended assessment shall bear date the same as the original assessment.
The contractor shall within 90 days of the issuance of the assessment submit to the Director of Public Works a list of all unpaid assessments, and it shall be the duty of said Director to notify the Tax Collector of each assessment that is delinquent, and the lot and block number against which such assessment is levied, and it shall be the duty of the Tax Collector to note such delinquency on each annual tax bill, in accordance with Section 107 of the Charter of the City and County of San Francisco.
An assessment imposed under the provisions of this Article may, in and by the assessment provided for in Section 215 of this Article, be made payable in installments.
Whenever assessments are made payable in installments as aforesaid, the assessment provided for in Section 215 of this Article shall state the number of annual installments in which the assessment may be paid and the rate of interest, not over the percentum per annum set by law by the State of California, to be charged on all deferred payments. The first installment shall be payable at the time provided for in Section 229 of this Article.
(Amended by Ord. 368-82, App. 7/30/82)
In case the owner or owners of any parcel of land against which an assessment is imposed desires to avail himself or themselves of the privilege of paying such assessment in installments, and for and in consideration of such privilege, such owner or owners, within 30 days from the date of the return of the warrant made as required by Section 222 of this Article, shall make payment to the Department of Public Works for the contractor or his assigns or other person duly authorized to receive the same, of an amount equivalent to an installment payment on such assessment determinable by the number of installments made payable thereon, which amount so paid shall be deemed a payment of the first installment such assessment under the terms of the bond hereinafter provided for, and in such bond shall be so designated. The interest payable under the terms of said bond shall be computed from the date of the assessment on which such bond is issued. Such owner or owners must, within not more than 30 days from the date of the payment hereinbefore provided for, execute and acknowledge before an officer authorized by law to take acknowledgments of the conveyances of real property, and file with the Department of Public Works, a bond in triplicate, substantially in the following form:
August 23, 1999 Bond for Street Assessment
State of California,
City and County of San Francisco.
City and County of San Francisco.
Whereas, by proceedings duly and regularly taken, the validity and regularity whereof is hereby acknowledged and admitted, an assessment has been imposed upon the following described property, to-wit: (Description of property), and the amount of such assessment so imposed amounts to the sum of (amount of assessment) dollars;
Now, therefore, the undersigned, for and in consideration of the privilege given to pay such assessment in installments, hereby acknowledge (himself, herself or themselves) indebted, and promise to pay to (name of contractor) or order, said assessment in the sums, and at the times and place hereinafter set forth, to-wit:
Installment One-Amounting to $____________,
Date of Payment: ____________.
Date of Payment: ____________.
Installment Two-Amounting to $____________,
within ____________ from the date hereof.
within ____________ from the date hereof.
Installment Three-Amounting to $
,
within ____________ from the date hereof (each additional installment being set forth in the same manner and payable the appropriate time after the preceding numbered installment), together with interest on each of said installments at the rate of ____________ per centum per annum (being the rate fixed in the assessment issued by the Director of Public Works), until each such installment shall be paid.
within ____________ from the date hereof (each additional installment being set forth in the same manner and payable the appropriate time after the preceding numbered installment), together with interest on each of said installments at the rate of ____________ per centum per annum (being the rate fixed in the assessment issued by the Director of Public Works), until each such installment shall be paid.
Such interest shall be paid, as it accrues, on the dates for payment of said installments of principal. Said installments of principal and interest shall be payable at the office of the Director of Public Works at the City and County of San Francisco, in lawful money of the United States. In case (the undersigned) elect to pay all of said installments before maturity thereof (the undersigned) agree to pay, in addition to all other amounts due, six months' interest in advance.
In the event of default in the payment of any installment of principal or of interest according to the terms of this bond, then all of said installments of principal and all interest thereon shall become immediately due and payable and said Director is hereby authorized to sell the property herein described to pay the amount so due, together with the expenses of such sale.
Such sale shall be made by said Director in the manner and form provided by law for the sale of real property upon execution and after mailing to the undersigned a notice that proceedings to make such sale will be had unless payment of the amount due shall be made within 10 days from the mailing thereof. Such notice shall be deposited in the United States Post Office addressed to the addresses given in this bond or such other addresses as may be hereafter filed with said Director.
Or the person in legal ownership of this bond shall, in the event of such default, have the right to foreclose the lien created by the said assessment for any unpaid portion thereof the same as if no bond had been given, and such lien shall continue until such assessment and accrued interest are fully paid. The undersigned agree to pay all expenses of said foreclosure including a reasonable attorney's fee and cost of title search.
It is hereby expressly provided that a lien for the full amount of the sum obligated to be paid under this bond, principal, interest and costs, and expenses of foreclosure, is hereby created and acknowledged upon, in and to the real property described herein and the improvements thereon and appurtenances thereto.
This bond is dated ____________/____________/____________, 19____________.
In witness whereof ____________ set ____________ hand this ____________ day of ____________/____________/____________, 19____________.
Loading...