All objections not made within the time and manner provided
in this code are waived.
(Prior code § 9-178)
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 § 9-179)
The notice to pay assessments under Article VII, the notice
to pay assessments and of award of contract under Article VIII of
this code, 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 § 9-180)
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 proceedings 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 § 9-181)
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, order or other
matter when the notice is actually given for the time required.
(Prior code § 9-182)
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 provided in this code.
(Prior code § 9-183)
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 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 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 § 9-184)
A. No action,
suit or proceedings to set aside, cancel, void, annul or correct any
assessment or reassessment, or to review any of the 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 the action, suit or proceedings shall have been
commenced within 30 days after the acquisition or improvement had
been ordered or the assessment shall have been confirmed.
B. Id—Ad
Valorem. Where the proceedings are for an ad valorem levy the period
shall be 30 days after the ordering of the levy with reference to
the levy, and 30 days after ordering the issuance of the bonds with
reference to their issuance. If the action or suit is not brought
within the time herein specified, all persons shall be barred from
any action.
C. Id—Scope.
No action shall affect the legality of any assessment other than the
assessment on property of a plaintiff in his or her own name and not
in a representative capacity.
D. Id—Defense.
No defense based on invalidity or irregularity in any proceedings
shall be raised or pleaded after the expiration of the 30-day period.
(Prior code § 9-185—9-188)
A. 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 her, 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 or her, 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 proceedings
and of the proposed contract, or of the assessment or tax levied or
to be levied, or of the bonds issued or to be issued.
B. Id—Procedure. The provisions of Chapter 9, Title
10, Part 2 (commencing with Section 860) excepting Section 863, of the
Code of Civil Procedure, shall apply.
C. Id—Defense.
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 §§ 9-189—9-191)
A. Reassessment.
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.
B. Uncompleted
Improvement. 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 benefited
the benefits derived from the project or to be derived from the project
when completed.
C. When
and How Much. The reassessment shall be made upon the demand of the
contractor or his or her 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.
D. Procedure.
The reassessment shall be made in the manner and form provided by
the Improvement Act of 1911 and Improvement Bond Act of 1915.
E. Interest.
In the resolution ordering the reassessment, the Council shall determine
whether said 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.
F. Payment.
Proceedings for notice to pay, demand and payment shall be had as
provided for the original assessment.
(Prior code §§ 9-192—9-197)