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The notice to pay assessments under the Street Opening Act of 1903 or the Municipal Improvement Act of 1913, and a notice confirming assessment or re-assessment under any other procedure herein, shall have like curative effect as the Notice of Award under the Improvement Act of 1911.
(Added by Ord. 225-81, App. 5/5/81)
This Procedure Code shall be liberally construed in order to effectuate its purpose. No error, irregularity, informality, omission or illegality and no neglect or omission of any officer, in any procedure taken hereunder, which does not directly affect the jurisdiction of the Board to order the work, improvement, or maintenance shall void or invalidate such proceeding or any assessment for the cost of any work, acquisition, or maintenance hereunder. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the Board in accordance with the provisions hereof.
(Added by Ord. 225-81, App. 5/5/81)
No step in any proceeding shall be invalidated or affected by any error or mistake or departure from the provisions of this Procedure Code as to the officer or person posting or publishing or mailing, or procuring the publication or posting or mailing of any notice, resolution, order or other matter when such notice is actually given for the time required.
(Added by Ord. 225-81, App. 5/5/81)
No assessment, reassessment, supplemental assessment, warrant, diagram, bond, or note, or any of their levy or issuance, and no proceedings for same, shall be held invalid by any court for any error, informality, omission, irregularity, illegality or other defect in the same, where the resolution of intention or notice of improvement have been actually published as herein provided.
(Added by Ord. 225-81, App. 5/5/81)
No proceedings shall be held to be invalid upon the ground that the place or property upon which the work or improvement or part thereof is to be or was done, had not been lawfully dedicated or acquired, provided the same shall have been lawfully dedicated or acquired or an order for immediate possession and use thereof shall have been obtained at any time before final judgment is entered in any legal action.
(Added by Ord. 225-81, App. 5/5/81)
No action, suit or proceeding to set aside, cancel, void, annul or correct any assessment or re-assessment, or to review any of the procedures, acts or determinations in any proceedings, or to question the validity or to enjoin the collection of any assessments or re-assessments or supplemental assessments shall be maintained by any person unless such action, suit or proceeding shall have been commenced within 30 days after the acquisition or improvement, or the formation of the maintenance district, had been ordered or such assessment shall have been confirmed, whichever shall first occur.
(Added by Ord. 225-81, App. 5/5/81)
When bonds are to be issued pursuant to Subdivisions 5, 6, or 7 of Subarticle VI, pursuant to a similar plan, in which the bonds do not represent fixed amounts which are a lien on the properties assessed, or when a maintenance district is formed, no action, suit or proceeding to set aside, cancel or void the jurisdiction of the Board in the proceedings or to order the issuance of the bonds or to issue the bonds, or to levy any annual assessment to pay the principal and interest of the bonds, or maintenance of said improvements, unless such suit, action or proceeding shall have been commenced within 30 days after the Board shall have ordered the acquisitions and improvements or formation of said district.
(Added by Ord. 225-81, App. 5/5/81)
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