[Added by Ord. #918, § 7600]
There hereby is established and provided a procedure for the formation of street lighting maintenance districts in the City including the method of assessing the costs for the same upon the benefited property and the enforcement thereof by the sale of properties against which such assessment has become a lien.
[Added by Ord. #918, § 7601; Ord. #1117]
For the purpose of carrying out the intent and purpose of this Chapter there hereby is adopted the Street Lighting Act of 1919 (being Part 1 of Division 14 of the Streets and Highways Code of the State of California) as amended and in force and effect on August 19, 1958, except those portions of said Act designated in said Code respectively as Sections 18030, 18031, 18042, 18061, 18062, 18090, 18091, 18092, 18094, 18097, 18098, 18120, 18123, 18127, 18170, 18174 and 18175.
[Added by Ord. #918, § 7602]
As used in this Chapter:
COMPANY
Shall mean any privately or publicly owned utility furnishing the agency for lighting or illumination.
SERVICE AND ANY OF ITS VARIANTS
Shall mean the furnishing of electric current or energy or other illuminating agent to all or part of any street lighting system, and luminaries, poles or lighting standards when such luminaries, poles, or lighting standards are owned by the company furnishing the service and are furnished by said company for a rental fee.
[Added by Ord. #918, § 7603]
The following shall be in lieu of the deleted Section 18030 of said Streets and Highways Code. Whenever in the opinion of the City Council the public interest or convenience may require that body may do one or more of the following:
a. 
Order any street lighting system to be maintained in or along the whole or any part of any one or more of the streets in the City.
b. 
Order electric current or energy or other illuminating agent to be furnished for such street lighting system.
For any of the purposes expressed in paragraphs a or b of this section, the City Council may determine and declare the district to be benefited by any such improvement and fix the exterior boundaries thereof and assess, either partly or wholly, the costs and expenses (including all incidental expenses) of such improvement, or any one or more of the items thereof, upon the lands in the district. The district as determined by the Council may be composed of noncontiguous parts.
[Added by Ord. #918, § 7604]
The following shall be in lieu of the deleted Section 18031 of the Streets and Highways Code. The City shall not be limited by the provisions of this Chapter to the maintenance or servicing of street lighting systems, or any part thereof, owned only by the City, but the City Council also may order such maintenance or service to be furnished upon street lighting systems, either in whole or in part, installed by and remaining the property of any public utility, public corporation or other person with whom a contract is entered into for such maintenance or service and may assess the costs and expenses thereof, including the rental of poles, luminaries, standards and other facilities from the company furnishing such service, luminaries, poles and facilities, in accordance with the provisions of this Chapter.
[Added by Ord. #918, § 7605]
The following shall be in lieu of the deleted Section 18042 of the Streets and Highways Code. When the report is filed with the Clerk he shall present it to the City Council for consideration and that body shall approve or reject the report. Prior to approval the Council may modify it in any respect. The report as approved shall stand as the report for the purpose of all subsequent proceedings.
[Added by Ord. #918, § 7606]
The following shall be in lieu of the deleted Section 18061 of said Streets and Highways Code. The Resolution of Intention:
a. 
Shall describe briefly the proposed improvement;
b. 
Shall designate the assessment district by describing the exterior boundaries thereof, or by referring to a plat or map on file in the office of the City Clerk at the time of passing the Resolution of Intention, which shall indicate by a boundary line the extent of the territory included in the proposed district, and shall govern for all details as to the extent of the assessment district;
c. 
May order that a certain portion or percentage of the costs and expenses of the improvement, the amount of which portion or percentage shall be specified in the Resolution, shall be paid out of the City Treasury from such fund as the City Council may designate;
d. 
Shall set the time and place for hearing protests in relation to the proposed improvement, which time shall not be less than 20 days from the date of the passage of the Resolution of Intention and, further, shall direct the Clerk to give notice of the hearing in the manner provided in Sections 18071 and 18072 of said Streets and Highways Code;
e. 
Shall provide that the improvement of the street lighting system shall be for a period of time stated in the Resolution of Intention, which period of time shall not exceed six years.
[Added by Ord. #918, § 7607]
The following shall be in lieu of the deleted Section 18062 of said Streets and Highways Code. The dates of commencement and ending of the improvement shall be fixed by the City Council on or before the date of execution of any contract as provided in this Chapter, or, in the event that no contract is let and the maintenance or servicing is furnished by the City, those dates shall be fixed by the City Council on or before the date of ordering the maintenance or servicing by the City. The City Council may subsequently postpone the dates of commencement and ending of the period for a reasonable time upon good and sufficient reason appearing therefor and may, in any advertisement for bids and in any contract entered into, reserve the right to make such postponement for such reason.
[Added by Ord. #918, § 7608]
The following shall be in lieu of the deleted Section 18090 of said Streets and Highways Code. After acquiring jurisdiction to proceed with the improvement, the City Council shall levy the assessment for the portion or percentage required to pay for the improvement for the period of time beginning with the date of commencement of the improvement fixed by the City Council and ending with the close of one twenty-four-month period thereafter upon all the respective lots or parcels of land in the assessment district. The assessment shall be divided into two annual installments. Thereafter during the period of time provided in the Resolution of Intention, the City Council shall, on or before the beginning of the next succeeding twenty-four-month period, levy in like manner and on the same lots or parcels of land the assessment for the portion or percentage required to pay for such improvement for such twenty-four-month period, and said board, commission, or officer of the City authorized therefor shall, on or before 21 days prior to the commencement of each such period, make and file with the City Council a report in writing.
[Added by Ord. #918, § 7609]
The following shall be in lieu of the deleted Section 18091 of said Streets and Highways Code. Such report shall contain:
a. 
An estimate of the cost and expense of the improvement for the ensuing twenty-four-month period.
b. 
A diagram showing the assessment district referred to in the Resolution of Intention, also the boundaries and dimensions of the respective lots or parcels of land within the district as it existed at the time of the making of the last mentioned diagram, each of which lots or parcels shall be given a separate number on the diagram.
c. 
A schedule showing the proportionate amount of the assessment to be charged in proportion to the benefits to be received by each lot or parcel shown on the diagram required by paragraph b of this section; such amount shall be shown as two annual installments which need not be equal in amount.
[Added by Ord. #918, § 7610]
The following shall be in lieu of the deleted Section 18092 of said Streets and Highways Code. Any unexpended balance remaining in the fund devoted to the improvement at the expiration of any preceding assessment period shall be credited to the fund to be raised for the next ensuing assessment period and the assessment to be levied for such ensuing period shall be only for the amount required therefor after deducting from such estimated amount the amount of any such unexpended balance. Any unexpended balance remaining in such fund at the expiration of the period of time provided for in the Resolution of Intention, upon demands therefor made in accordance with the provisions of Section 1416 of the Charter of the City, shall be repaid pro rata to the persons by whom such assessments were paid, unless a new district is formed for furnishing service to said lands in the manner provided in this Chapter, then, and in such event, any unexpended balance remaining in such fund shall be credited to the fund to be raised for the next ensuing assessment period for said new district. Any such unexpended balance remaining in such fund at the expiration of such period, and not demanded as provided in this section, shall revert to the general fund of the City or be placed in such fund as the City Council may order.
[Added by Ord. #918, § 7611]
The following shall be in lieu of the deleted Section 18094 of said Streets and Highways Code. Upon the levying of any assessment, the City Clerk shall transmit the diagram and assessment upon which such levy is based, or a certified copy of said diagram and assessment upon which such levy is based, or a certified copy of said diagram and assessment to the City Tax Collector or to such other City officer or employee as the City Council designates in the resolution levying the assessment or in the case the City has adopted a method for collection of taxes by County officers then at the option of the City to the County Tax Collector, and such County Tax Collector shall have full power to perform the duties required in this section of the City Tax Collector.
[Added by Ord. #918, § 7612]
The following shall be in lieu of the deleted Section 18097 of said Streets and Highways Code. The Tax Collector shall, upon the recording of such diagram and assessment, give notice by publication for five days in a daily newspaper, published and circulated in the City, or by two insertions in a weekly newspaper so published and circulated, that the diagram and assessment has been recorded in his office and that the first installment of said assessment is due and payable immediately and the second installment will be due one year thereafter and that payment of said first installment shall be made to him within 60 days after the date of the first publication or posting and that said second installment shall be paid to him within one year and 60 days after the date of the first publication or posting, which date shall be stated in the notice. The notice shall also contain the statement that all first installments of said assessment not paid before the expiration of the 60 days shall be delinquent and that all second installments not paid before the expiration of said one year and 60 days shall be delinquent. Upon any such installment becoming delinquent 5% of the amount thereof shall be added thereto. The Tax Collector shall mail bills to the owners of property within the district as such owners are shown on the last equalized assessment roll of the County of Los Angeles, or as known to the Tax Collector.
[Added by Ord. #918, § 7613]
The following shall be in lieu of the deleted Section 18098 of said Streets and Highways Code. When payment of any assessment or installment is made, the Tax Collector shall mark opposite such assessment or installment the word "paid," with the date of payment thereof, and shall give a receipt therefor. Upon the expiration of the period of 60 days in the case of the first installment, or upon the expiration of said period of one year and 60 days in the case of a second installment, all assessments or installments then unpaid shall become delinquent, and the Tax Collector shall mark each such assessment or installment "delinquent," and shall add 5% to the amount thereof, and, in addition thereto, 1% per month to each delinquent installment until the same, including the penalties thereon, is paid.
[Added by Ord. #918, § 7614]
The following shall be in lieu of the deleted Section 18120 of said Streets and Highways Code. If either the first or second installment is delinquent and unpaid the Tax Collector shall, within 30 days after the date of delinquency of the second installment, begin the publication of a notice of sale of the land upon which the assessments or any installment thereof have not been paid, which publication shall be made by two insertions in a daily or weekly newspaper published and circulated in the City. The dates fixed for the sale of such land shall be not less than 10 days nor more than 30 days after the last publication of said notice of sale, or after the completion of posting, as the case may be.
[Added by Ord. #918, § 7615]
The following shall be in lieu of the deleted Section 18123 of said Streets and Highways Code. At the time and place fixed in the notice of sale the Tax Collector shall proceed with such sale, commencing at the head of the list of lands contained in such notice and continuing in the numerical order thereof until all land is sold, except that he may postpone or continue the sale from day to day until the sale is completed. The Tax Collector shall separately sell each lot or parcel of land described in such notice, or so much therefor as is necessary to realize the amount assessed against the lot or parcel, together with the penalties and costs, and $0.50 for a certificate of sale. The City shall have prior rights to purchase any land to be sold at said auction for the amount of the assessment, including penalties, costs and interest against any parcel and if there is no other purchaser the lot or parcel shall be struck off to the City as purchaser.
[Added by Ord. #918, § 7616]
The following shall be in lieu of the deleted Section 18127 of said Streets and Highways Code. At any time after the expiration of 12 months from the date of sale, the Tax Collector shall execute to the purchaser, or his assignee, on his application, if such purchaser or assignee has complied with the provisions of this Chapter, a deed of the land sold, in which shall be recited substantially the matters contained in the certificate, also any assignment thereof and the fact that no person has redeemed the land. The Tax Collector shall receive from the applicant for a deed $1 for making such deed, unless the City is the purchaser, in which case no charge shall be made therefor. In the event, however, the City is the purchaser then no deed shall be executed to the City without a notice of sale and a public auction as provided in Sections 23-15 and 23-16 of this Code.
[Added by Ord. #918, § 7617]
The following shall be in lieu of the deleted Section 18176 of said Streets and Highways Code. At any time after the transmission of the diagram and assessment to the City Tax Collector or City Auditor, the City Council may let the contract for making such improvement. If the installation of such proposed lighting system is abandoned, then the proceedings under this section shall be abandoned.
[Added by Ord. #918, § 7618]
The following shall be in lieu of the deleted Section 18175 of said Streets and Highways Code. If the work of the improvement, or any part thereof, is executed by the City, then the amount appropriated and used from the special fund to pay the costs and expenses of the work or part thereof executed by the City shall not exceed the amount of the respective lowest valid bid received for such work or for such part thereof, or, if no bids have been received or the work of the improvement is executed by the City the amount appropriated and used from the special fund to pay the costs and expenses of such work shall not exceed the amount of the respective estimate thereof provided for in Section 18041 of said Streets and Highways Code. If such costs and expenses exceed the amount of the said bid, or of the said estimate in case no bids are received, then such excess costs and expense shall be paid out of any moneys in the general fund in the City Treasury.