All decisions and determinations of the council, upon notice and hearing, shall be final and conclusive upon all persons entitled to appeal, as to all errors, informalities, omissions and irregularities which might have been avoided, or which might have been remedied during the progress of the proceedings, or which can be remedied, and as to illegalities not amounting to a want of due process of law.
(Prior code § 12-3.103; Ord. 1509-69 § 1, 1969)
The notice to pay assessments under Sections 14.12.120 through 14.12.200, the notice to pay assessments and of award of contract under Sections 14.20.470 through 14.20.700 of this title, and a notice of confirming assessment or reassessment under any other procedure in this code, shall have like curative effect as the notice of award under the Improvement Act of 1911.
(Prior code § 12-3.104; Ord. 1509-69 § 1 part 1969)
This 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 pursuant to this code, which does not directly affect the jurisdiction of the city council to order the work or acquisition pursuant to this code shall void or invalidate the proceeding or any assessment for the cost of the work or acquisition under this code. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the council in accordance with the provisions of this code.
(Prior code § 12-3.105; Ord. 1509-69 § 1, 1969)
No step in any proceeding shall be invalidated or affected by error or mistake or departure from the provisions of this 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 the notice is actually given for the time required
(Prior code § 12-3.106; Ord. 1509-69 § 1, 1969)
No assessment, reassessment, supplemental assessment, warrant, diagram or bond, 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.
(Prior code § 12-3.107; Ord. 1509-69 § 1, 1969)
No proceedings shall be held to be invalid upon the ground that the property upon which the work or improvement or part thereof is to be done or was done, had not been lawfully dedicated or acquired, provided that 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 judgment is entered in any legal action; provided, that if said proceeding includes the acquisition thereof it shall be sufficient if the council shall have the power to order the acquisition thereof.
(Prior code § 12-3.108; Ord. 1509-69 § 1, 1969)
No action, suit or proceedings to set aside, cancel, void, annul or correct any assessment or reassessment, or to review any of the proceedings, acts or determinations in any proceedings, or to question the validity or to enjoin the collection of any assessments or reassessments or supplemental assessments shall be maintained by any person unless such action, suit or proceedings shall have been commenced within thirty days after the project had been ordered as to the project, or such assessment shall have been confirmed as to the assessment.
(Prior code § 12-3.201; Ord. 1509-69 § 1, 1969)
Where such proceedings are for an ad valorem levy, the period shall be thirty days after the ordering of the levy with reference to the levy as to any levy, and thirty days after ordering the issuance of the bonds with reference to their issuance as to any bonds. If such action or suit is not brought within the time herein specified, all persons shall be barred from any such action.
(Prior code § 12-3.202; Ord. 1509-69 § 1, 1969)
The city council, at any time after the adoption of the resolution of intention, the proposed contractor, at any time after the award of the contract to him, or the proposed purchaser of the warrant or any bonds to be issued, at any time after the assignment of the warrant or award of the bonds to him, may bring an action in the Superior Court of the state of California in and for the county in which it is situated, to determine the validity of any such proceedings and of such proposed contract, or of the assessment or tax levied or to be levied, or of the bonds issued or to be issued.
(Prior code § 12-3.301; Ord. 1509-69 § 1, 1969)
No defense may be raised in an action that could not have been made the subject of a suit by the defendant at the time, including but not limited to the application thereto of waivers, finality of official action, curation, and limitations of action.
(Prior code § 12-3.303; Ord. 1509-69 § 1, 1969)
If, in the opinion of the council, any assessment heretofore or hereafter issued is void or unenforceable, or the legality thereof is questionable for any cause, or if bonds are issued to represent or be secured by any assessments and the 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 of the project, or if the council shall determine that the public interest will be served thereby, a reassessment may be had either as to the whole of an assessment or as to any part thereof.
(Prior code § 12-3.401; Ord. 1509-69 § 1, 1969)
Where the assessment is for an uncompleted project, a reassessment may be had notwithstanding the project is not completed. In that case, the reassessment shall assess upon the lands benefitted the benefits derived from the project or to be derived from the project when completed.
(Prior code § 12-3.402; Ord. 1509-69 § 1, 1969)
The reassessment shall be made upon the demand of the contractor or his assigns, or the owner or holder of bonds aggregating one-third of the principal amount outstanding, or upon order of the city council whose decision so to do shall be final.
(Prior code § 12-3.403; Ord. 1509-69 § 1, 1969)
The reassessment shall be made in the manner and form provided by the Improvement Act of 1911 and Improvement Bond Act of 1915.
(Prior code § 12-3.404; Ord. 1509-69 § 1, 1969)
In the resolution ordering the reassessment, the council shall determine whether the reassessment 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 reassessment shall bear interest at a rate and from a date fixed by it.
(Prior code § 12-3.405; Ord. 1509-69 § 1, 1969)
If the bonds have been issued, or if the bonds outstanding are to be replaced by new bonds, proceedings for notice to pay, demand and payment shall be had as provided for the original assessment.
(Prior code § 12-3.406; Ord. 1509-69 § 1, 1969)