CHAPTER 3.5. Assessments and Bonds for Assessments [35450. - 35549.1.]

Chapter 3.5 repealed and added by Stats. 1969, Ch. 234.

§§ 35450–35549.1 · 66 sections

1. ARTICLE 1. General Provisions § 35450 · 1 section

   • § 35450 Unless otherwise provided, the definitions contained in Part 1 (commencing with Section 5000) of Division 7 (the Improvement Act of 1911), govern the…
2. ARTICLE 2. Assessments §§ 35460–35483 · 28 sections

   • § 35460 If the legislative body on behalf of a district formed under this part has previously issued bonds pursuant to Chapter 3 (commencing with Section 35400) of…
   • § 35461 In the resolution, the legislative body shall order the engineer to make and deliver a diagram of the parking places for which the outstanding bonds were…
   • § 35462 The diagram shall show: (a) The parking places for which the outstanding bonds were issued. (b) Each separate lot or parcel of land within the district. (c)…
   • § 35463 The diagram shall be delivered to the street superintendent who shall endorse the date of such delivery on the diagram.
   • § 35464 Upon receiving the diagram, the street superintendent shall assess the total amount necessary for the redemption of the outstanding bonds against the land…
   • § 35465 All land within the district shall be assessed to provide the funds necessary for the redemption of the outstanding bonds, except: (a) Land owned by the United…
   • § 35466 A lot or parcel of land in a public use belonging to the state or to a county, city, district, or other public corporation, public agent, mandatory of the…
   • § 35467 An assessment upon public property is an enforceable obligation against the owner or the governing body controlling the property and shall be paid by the…
   • § 35468 If no money is available for the payment of an assessment of public property, the board or officer whose duty it is to levy taxes for the owner of the public…
   • § 35469 The assessment shall be made, notice given, hearing held, and the assessment confirmed and recorded substantially in the manner provided in Chapter 16…
   • § 35469.5 The notice published pursuant to Section 5362 and the notices mailed pursuant to Section 5363 shall also contain a statement that the legislative body has…
   • § 35469.6 At the hearing and prior to consideration of the correctness of the assessment and diagram, the legislative body shall hear and consider all protests to the…
   • § 35469.7 If there is no such majority protest and if all protests to the proceedings are overruled, the legislative body may proceed with the hearing on the correctness…
   • § 35469.8 The legislative body may not confirm the assessment unless the owners of a majority in area of the lands in the district subject to assessment have filed with…
   • § 35470 After the assessment roll is recorded, all persons are deemed to have notice of its contents.
   • § 35471 Immediately upon the recording, the several assessments contained in the assessment roll are due and payable, and each assessment is a lien upon the property…
   • § 35472 The lien, whether bonds issued to represent the assessment or otherwise, shall be subordinate to all fixed special assessment liens previously imposed upon the…
   • § 35473 Any deed issued in the foreclosure of the assessment lien or sale of property for the lien conveys the property to the purchaser free and clear of all…
   • § 35474 Any action or proceeding to set aside, cancel, avoid, annul, or correct any assessment or reassessment, or to review any of the proceedings, acts, or…
   • § 35475 Proceedings under this chapter shall not be attacked upon any ground not stated in an objection or protest filed pursuant to this chapter. Any landowner or…
   • § 35476 The officer with whom the assessment is recorded shall give notice that the assessment has been recorded in his office and that all sums assessed in it become…
   • § 35477 The notice shall also contain a statement that bonds to represent each assessment, or the unpaid balance thereof, remaining unpaid after 30 days will issue in…
   • § 35478 The notice shall be published twice in a daily or weekly newspaper of general circulation printed and published in the city in which the assessed land lies.
   • § 35479 Notice shall also be given by mailing a post card to the owner of each lot, piece, or parcel of land assessed, according to the name and address appearing on…
   • § 35480 Failure of the officer with whom the assessment is recorded to give notice by mailing, or of the person addressed to receive the notice, shall not affect the…
   • § 35481 When any payment is made upon an assessment, the street superintendent shall mark opposite the assessment “Paid in full” or “Paid in part,” as the case may be,…
   • § 35482 After the expiration of 30 days from the date of recording the assessment, the superintendent of streets shall make a complete list of all assessments unpaid…
   • § 35483 All unpaid assessments upon public property shall be collected pursuant to this article, but if the property is not in use in the performance of a public…
3. ARTICLE 3. Bonds for Assessments §§ 35500–35512 · 13 sections

   • § 35500 Bonds shall be issued pursuant to this article.
   • § 35501 The list of unpaid assessments shall be certified and filed with the city treasurer. Upon the filing of the list, the city treasurer shall make out and sign a…
   • § 35502 The legislative body shall sell the bonds for cash for not less than the amount of the assessments represented by the bonds.
   • § 35503 At any time after the assessment is recorded, the legislative body may call for sealed bids on the bonds proposed to be issued. Notice inviting bids shall be…
   • § 35504 The legislative body shall sell the bonds for cash, and if bids are made, for cash to the best responsible bidder.
   • § 35505 The bonds may be sold at any rate of interest not exceeding that stated in the resolution of intention. The maximum interest rate shall not exceed 7 percent a…
   • § 35506 The bonds shall extend over a period not to exceed 24 years from January 2nd next succeeding the next September 1st following their date.
   • § 35507 Upon the award of the bonds to a purchaser, the treasurer shall issue bonds representing the liens of the unpaid assessments as shown on the list and bearing…
   • § 35508 The treasurer shall deliver the bonds to the purchaser upon receiving the purchase price bid. The purchase price shall be deposited in the fund for the…
   • § 35509 Except as otherwise provided in this article, bonds to be issued pursuant to this article shall be issued pursuant to Part 5 (commencing with Section 6400) of…
   • § 35510 The date of the bonds shall be the date selected and specified for that purpose by the legislative body in the resolution or order calling for sealed bids upon…
   • § 35511 Where an action or proceeding is brought to set aside, cancel, avoid, annul, or correct any assessment or reassessment, or to review any of the proceedings,…
   • § 35512 The bonds shall be substantially in the following form: Parking District No. (Number of district) of the City of _______________ Improvement Bond $ No. Under…
4. ARTICLE 4. Disposition of Funds §§ 35520–35522 · 3 sections

   • § 35520 From time to time the street superintendent shall pay to the treasurer all money collected by him on account of any assessment levied pursuant to this chapter.…
   • § 35521 Moneys in the fund clearly in excess of the amount necessary to redeem the outstanding bonds as hereinafter provided may be used to pay the costs and expenses…
   • § 35522 When a fund has been established under this chapter sufficient to redeem all outstanding bonds previously issued on behalf of the district pursuant to Chapter…
5. ARTICLE 5. Reassessment §§ 35530–35549.1 · 21 sections

   • § 35530 A reassessment shall be issued in any of the following events: (a) When an assessment made, issued, or filed in the office of the clerk, or any bonds issued to…
   • § 35531 It is the intent of this article to make the cost of the redemption of bonds issued pursuant to Chapter 3 (commencing with Section 35400) of this part through…
   • § 35532 Whenever the owner or holder of any bonds issued to represent or to be secured by assessments requests the legislative body to order a reassessment and the…
   • § 35533 If, in any suit involving the validity of the obligation of any bond or assessment, a court of competent jurisdiction for any reason holds the lien of the…
   • § 35534 If, in any suit to set aside the lien of any assessment or of any bond representing any assessment, or in any suit to quiet title against the lien of any such…
   • § 35535 If, in any suit contesting the validity and legal force and effect of a sale to foreclose the lien of any assessment or bond, a court of competent jurisdiction…
   • § 35536 If a reassessment is directed, by a decree of court or by an order of the legislative body, the street superintendent shall proceed to make a reassessment.
   • § 35537 If the reassessment is a partial one only, it is not necessary for the diagram to show any lots other than those covered by the partial reassessment. If it is…
   • § 35538 The reassessment shall assess upon and against each of the lots or parcels of land contained in it an amount determined as follows: (a) The benefits derived by…
   • § 35539 The total of the reassessment, exclusive of interest, shall not exceed the total amount necessary for the redemption of the bonds which are outstanding.
   • § 35540 The reassessment need not be in any prescribed form. It shall: (a) Refer to the original assessment and set forth the date it was filed. (b) State that it is…
   • § 35541 The reassessment shall be presented to the legislative body, which shall fix a time for hearing. The hearing shall be at least 20 days after the presentation…
   • § 35542 The clerk shall advertise the time of hearing by publishing a notice in the newspaper in the city in which the parking place for which the bonds were issued is…
   • § 35543 At the time fixed for the hearing, or at any time to which the hearing is adjourned, the legislative body shall consider the objections to the reassessment and…
   • § 35544 When the reassessment is revised, corrected, or modified to comply with its judgment the legislative body shall pass a resolution confirming the reassessment.
   • § 35545 The clerk shall certify at the end of the reassessment, that it is the reassessment approved by the legislative body.
   • § 35546 The street superintendent shall record the reassessment with the clerk’s certificate.
   • § 35547 The street superintendent shall note opposite the several assessments in the original assessment that have been displaced by the reassessment the fact that the…
   • § 35548 The reassessment shall be collected, paid, and enforced in the same manner as an original assessment, and shall have the same weight in evidence.
   • § 35549 If bonds were issued under or upon the security of the original assessment, they shall issue upon the reassessment for the sum reassessed against the lots or…
   • § 35549.1 When the reassessment is recorded, the original assessment shall be canceled by the street superintendent so far as it affects the particular assessments…