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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____________.
Forms of such bond shall be furnished by the Department of Public Works and thereto shall be attached appropriate coupons for the payment of the installments of principal and the interest on such bond. Such coupons respectively shall be payable to bearer at the office of the Treasurer of said City and County 30 days after the respective dates for payment of principal installments and interest by those who have executed the bond to which the coupons shall be attached.
(a) Preparation and Recordation. Said Director of Public Works shall cause said bonds and coupons to be fully prepared for execution and shall supervise the execution thereof by the proper parties as hereinbefore provided for. When such bonds and attached coupons have been fully prepared and executed in the manner hereinbefore provided for and delivered to the Department of Public Works, one of said triplicates shall be recorded in the office of the Recorder of said City and County, who shall make no charge therefor; after recordation, said triplicate shall be retained in the office of said Department of Public Works; another of said triplicates shall be delivered to the contractor named therein and the other shall be delivered to the Treasurer of said City and County.
(b) Record of Payments. Said Director shall cause to be kept a record of all payments received by him on said bonds and the coupons attached thereto and of all penalties accruing thereon, and upon delivering such moneys to the Treasurer said Director shall report to the Treasurer the particular bonds and coupons and penalties to be credited with such payments, so that the Treasurer will know exactly on which bonds and coupons disbursements by him of such moneys shall be made.
Said Director shall also cause all such payments to be entered in an appropriate book of record in his office to the credit of the appropriate bond and assessment. And every such assessment shall remain a first lien upon the property affected until said assessment and the bond based thereon, and the accrued interest thereon and the penalties, if any, thereon shall be fully paid according to the terms of said bond.
(c) Execution of Bonds Evidence of Regularity. Said bonds, by their execution, shall be conclusive evidence of the regularity of all proceedings theretofore had under this Article.
(d) Certificate of Sale. Said Director is hereby authorized to make any sale authorized by any such bond and shall issue for each sale an original and duplicate certificate of sale in appropriate form, referring to this Article, describing the parcel or parcels of land sold and containing the name of the Purchaser. The original shall be delivered to the Purchaser and the duplicate shall be kept on file and record in the office of said Director.
If the property sold, as provided in the above proceedings, be not redeemed within one year after the sale, said Director shall then issue to the party named in the original certificate, or his assignee, a deed of the property described in said certificate, which said deed shall refer, in general terms, to the proceedings under which the same is issued, and shall contain a description of the property, following the description in the certificate; the grantee in such deed is immediately upon receipt thereof entitled to possession of the property described therein.
At any time before the expiration of one year from the date of the certificate of sale, any property sold under the provisions of the preceding Sections may be redeemed by any person having an interest in the property sold, by the payment to said Director of the amount for which property was sold, with an additional penalty of one percent per month of the amount for which the same was sold; all such redemption money shall be paid over by said Director to the Treasurer with a statement indicating the specific bond to which such money shall be credited, and the Treasurer shall pay all such redemption money to the holder of the proper original certificate of sale, upon delivering up the same and receipting for the amount received.
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