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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.
Said Director of Public Works shall cause to be kept a record of all bonds given as herein provided, wherein shall be entered the name of the person executing the same, a description of the land described therein, the number and amount of the installments, the time when the same are due, the date and the amount of all payments and the date of all payments to the City and County Treasurer for the holders of each bond.
In case it shall appear at any time that any bond made as herein provided has not been executed by the owner or owners of the property described therein, or that for any reason any such bond is invalid, or that a sale in accordance with its terms would not convey a full and clear title to such property, then the person entitled to collect and receipt for the payment of the original assessment, or his assigns, shall have the right to foreclose the lien thereof for any unpaid portion, as such lien was originally imposed and such lien shall continue until such original assessment is fully paid.
The bond provided for in Section 229 of this Article may be made, executed and filed in accordance with and subject to the requirements, terms and conditions in this Article prescribed for such bond, after the expiration of the time, as therein provided for, within which to make, execute and file such bond, if the contractor to whom an assessment, payable in installments, has been issued, or his assignee, or other owner of such assessment, shall consent to the making, executing and filing of such bond after such expiration of time, and such consent shall be expressed on the back or margin of such bond.
Anything in this Article to the contrary notwithstanding, said Director of Public Works may in the assessment and warrant provided for in Sections 215 and 216 of this Article make each assessment which exceeds $200 payable in annual installments. No such annual installment payment shall exceed five percent of the benefit conferred on said property on which the assessment is levied measured in terms of the cost of said street improvement plus interest on the outstanding balance due. As used in this Section the term "benefit conferred" shall refer to the cost of the improvement apportioned by the said Director pursuant to Section 215(b) of this Article.
The dates for payment of installments on an assessment shall not extend over a period of more than 10 years from the date when the first installment will be payable. The assessment made by said Director shall state the number of installments in which the assessment payable in installments may be paid, the respective dates for payment of the several installments, and the rate of interest, not to exceed 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. Every assessment and accrued interest, however, may be paid in cash at any time, unless suit has been filed thereon or unless a bond has been executed thereon.
(a) Appeal Prerequisite to Court Action. No objection whatsoever relative to the making of such an assessment payable in installments as in this Section provided for, or relative to the amount of any such assessment or assessment installment, or relative to the time or manner of payment of any such assessment or assessment installment may be made in any manner or in any court or tribunal except by such party or parties as shall have appealed to the Supervisors in the manner provided for in Section 217 of this Article. All persons who have not so appealed to the Supervisors shall be deemed to have waived every objection in this Section referred to.
(b) Assessment Amended or Reassessment Made. Any assessment which violates any of the provisions of this Section or Section III of the Charter of said City and County may be amended or corrected, in the manner in this Article provided for the amendment or correction of an assessment, or a reassessment may be made as in this Article provided for, in order that such original assessment may be made to conform to this Section and Section III of said Charter.
(Amended by Ord. 368-82, App. 7-30-82)
Whenever any assessment heretofore made or issued or filed or which may be hereafter made, issued or filed pursuant to this Article or any other ordinance is or shall be void or unenforceable, for any cause, or if bonds shall have been or shall be, issued to represent or be secured by any assessments and such issuance shall not have been, or shall not be, effective through the curative provisions in relation thereto, then, in any of such events, a reassessment therefor may be issued. The true intent and meaning of this Section is to make the cost and expense of work or improvement made through an attempted compliance with this Article, payable by the real estate benefited by such work or improvement by making a reassessment therefor.
Such power of reassessing embraces both a full and a partial reassessment, and is not exhausted by a single attempted exercise thereof.
A reassessment shall be ordered by the Board of Supervisors under any one of four circumstances.
(a) Request of Holder. Where the owner or holder of any assessments, or bonds issued under this Article to represent or be secured by assessments, or the person who would own or hold any such assessment or bonds if the same were issued, requests the Supervisors to order a reassessment. In such event, if said Supervisors be of the opinion that the assessments or bonds in question are not enforceable, they shall order the making and issuing of a reassessment covering only the assessments owned or held by the petitioner, or the assessments represented or secured by the bonds owned or held by such petitioner, or which would be owned or held by petitioner if issued.
(b) Unenforceable Lien by Court Decree. Whenever any court of competent jurisdiction in any suit to foreclose the lien of any assessment or to enforce the obligation of any bond issue to represent or be secured by any assessments issued under this Article, has for any reason held such lien unenforceable, then it shall in and by its decree direct the making of a reassessment to cover the assessments involved in such suit.
(c) Voidance by Court Decree. Whenever any court of competent jurisdiction in any suit to set aside the lien of any assessment or of any bond representing any assessment, or in any suit to quiet title against the lien of any such assessment, or bond, or in any suit to enjoin the making, filing, conformation or issuance of any assessment or bond to pay for the cost and expense of any work done hereunder, shall in its judgment decree such assessments or bonds to be void, or unenforceable, or shall enjoin the making, filing or issuance of conformation of any such assessment or bond, then it shall, in and by its decree, direct the making of a reassessment to cover the assessments involved in such suit.
(d) Payment for Work Done Under Void Proceedings. Whenever any contractor or assignee of a contractor shall have done or performed any work or improvements pursuant to proceedings had and taken in attempted compliance with the provisions of this Article, and whenever prior to the issuance of any assessment, any court of competent jurisdiction in any suit to invalidate the contract or any of such proceedings shall for any reason declare said contract or other proceedings to be invalid, then such court shall, in and by its decree, direct the making of an assessment for the reasonable value of the work and improvement actually done and performed in good faith by the contractor, or such portion thereof as was of a kind that could lawfully have been ordered under the provisions of this Article.
The manner of making, issuing and enforcing the reassessments shall be as follows:
Said Director of Public Works shall, upon the entering of a decree of court directing a reassessment or upon the making of an order by the Supervisors directing a reassessment, proceed to make a reassessment in the following manner:
(a) Partial Reassessment. If the reassessment be a partial one only, then it shall not be necessary for the diagram to show any other lots than the ones covered by such partial reassessment.
(b) Full Reassessment. If it be a full reassessment, however, then said Director shall prepare and file with the reassessment a diagram showing the lots, pieces or parcels of land deemed by him to have been benefited by the work or improvement.
(c) Fixing Boundaries. Upon any reassessment as in this Article provided for, said Director and the Supervisors shall have unlimited power to fix the boundaries of the district to be charged with the expense of the work in accordance with the benefits of the work to property as such benefits, at the time of reassessment, shall appear to said Director or the Supervisors, and to make the boundaries of such district either the same as they theretofore were or different from the boundaries of the district specified in said Director's declaration of intention.
(d) Amount of Reassessment. It is the intent hereof that upon any such reassessment said Director and/or the Supervisors then shall have full power to determine what district and property have been benefited by the work and to make the reassessment accordingly. The reassessment shall assess upon and against each of the lots, pieces or parcels of land contained therein an amount arrived at as follows: The benefits derived, or to be derived by each of the said lots, pieces or parcels of land from the work or improvement, estimated as of the date of the filing in the office of the Department of Public Works of the original assessment, shall first be listed. Then there shall be added thereto interest thereon from the date of filing the original assessment in the Department of Public Works at the rate set by the Director, and the total sums shall constitute and be the amount of the proposed several assessments in such reassessment. The total of such reassessments, however, exclusive of interest, shall not exceed the cost and expenses of the work or improvement.
(e) Procedure. Such assessment need not be in any prescribed form, but shall refer to the original assessment filed, give the date of filing of said original assessment and state that it is made pursuant to the order of the Supervisors or decree of the court, as the case may be, and shall be accompanied by a diagram showing the lots to be reassessed and their relation to the work. It shall then be presented to the Supervisors, who shall fix a time for hearing before them. Such time must be at least 20 days after the reassessment is so presented. The Clerk of the Board of Supervisors shall then advertise the time of such hearing before the Supervisors by publishing a notice once in the official newspaper. Said Clerk shall also mail notice of such hearing as provided for in Section 193 of this Article. But this requirement as to mailing notice shall have no greater effect than that provided for in said Section 193 of this Article. And a description of the district shall be set forth in the notice.
(f) Hearing of Objections. At the time fixed for said hearing, or at such time or times to which the same may be thereafter adjourned, the Supervisors shall consider the objections to said reassessment and in their discretion informally direct the revision, correction or modification of such reassessment in such manner as is most equitable to apportion to each lot, piece or parcel of land hereby benefited the amount of the actual benefits derived from said improvement. When such reassessment shall have been revised, or corrected, or modified so as to comply with the judgment of said Supervisors, then they shall pass a resolution confirming the reassessment. The said Director of Public Works shall thereupon record the reassessment with a certificate at the end thereof by the Clerk of the Board of Supervisors. Said Director shall also note opposite the several assessments in the original assessment that have been displaced, the fact that the reassessment has been made, giving its date, and shall credit upon such reassessment all payments theretofore made upon the original assessment, or upon the bonds issued to represent the same, together with interest on such payments at the rate set by the Director, from and after the date of such payments. Such reassessment shall be collectible and payable in the same manner as an original assessment and shall be enforceable by suit in the same manner provided in this Article for enforcing an original assessment, and shall have the same weight in evidence. In the event that bonds shall have been issued under or upon the security of the original assessment, they shall also issue upon the reassessment for such sum as may be reassessed against the lots, pieces or parcels of land covered thereby.
(g) Cancellation of Original Assessment. When the reassessment is recorded the original assessment shall be cancelled by said Director so far as the reassessment affects the original assessment involved. New bonds shall not be issued until the original bonds are delivered up to the City and County Treasurer, who shall cancel the same. The lien of such reassessment shall hold its relative rank as to other special assessment liens as of the date of filing of the original assessment.
(h) Costs and Expenses. In the event such work or improvement made in attempted compliance with this Article is fully completed to the satisfaction of said Director, then it shall be the duty in any event of said Director to make and file an assessment for costs and expenses thereof so as to form the basis of a reassessment, even though such assessment should be unenforceable.
(Amended by Ord. 368-82, App. 7/30/82)
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