Loading...
Except as provided in Section 250.146, Chapter 9 (commencing with Section 860), Title 10, Part 2, California Code of Civil Procedure, shall apply.
(Added by Ord. 225-81, App. 5/5/81)
SUBDIVISION 2
RE-ASSESSMENT
RE-ASSESSMENT
If, in the opinion of the Board, any assessment heretofore or hereafter made or issued is void or unenforceable, for any cause, or if bonds are issued to represent or be secured by any assessments and such issuance is not effective through the curative provisions applicable thereto to make them valid and enforceable, or if the previous assessment or bonds are insufficient to pay the cost or estimated cost or the project, or if the Board shall determine that the public interest will be served thereby, a re-assessment may be had.
(Added by Ord. 225-81, App. 5/5/81)
Where the assessment was for an uncompleted improvement, a re-assessment may be had notwithstanding the improvement is not completed. In such case, the re-assessment shall assess upon the lands benefited the benefits derived from the improvement or to be derived from the improvement when completed.
(Added by Ord. 225-81, App. 5/5/81)
If a determination is made as provided in Section 250.150, the re-assessment shall be made upon the demand of the contractor or his assigns, or the owner or holder of bonds aggregating 1/3 of the principal amount outstanding, or upon order of the Board and shall be made in the manner and form provided by the Improvement Act of 1911 or Improvement Bond Act of 1915, whichever is deemed appropriate. Nothing contained herein shall prevent the Board from ordering a re-assessment on its motion, and its decision so to do shall be final and conclusive.
(Added by Ord. 225-81, App. 5/5/81)
In the resolution ordering the reassessment, the Board shall determine whether said re-assessment shall include interest and, if so, the rate at which and the date from which it shall be computed. In lieu thereof, it may order that the re-assessment shall bear interest at a rate and from a date certain.
(Added by Ord. 225-81, App. 5/5/81)
Loading...