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 represent the amounts of any such
assessment, have been set aside by a court of competent jurisdiction,
or when the court has refused to enforce an assessment or has
decreed any such bonds not to constitute or represent valid and
subsisting liens against the lots or parcels of land upon which the
assessments represented by them have been levied.
(b) If for any reason the assessments or bonds, or both, are not
effective and the curative and waiver provisions of this chapter or
any curative act passed by the Legislature in relation to them fail
to make them valid and enforceable.
(c) Upon the initiative of the legislative body if the legislative
body is of the opinion that all or any part of the assessments or
bonds are not enforceable.
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 an attempted compliance with this
chapter payable by the real property benefited by the parking place
for which such bonds were issued by making a reassessment for that
purpose. The power of reassessment embraces both a full and partial
reassessment, and is not exhausted by a single attempted exercise of
the power.
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 legislative body is of the
opinion that such bonds are not enforceable, it shall order the
making and issuing of a reassessment covering only the assessments
represented by, or securing the bonds owned or held by, the
petitioner.
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 assessment or bond to be unenforceable,
the court in and by its decree shall direct the making of a
reassessment to cover the assessments involved in the suit.
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 assessment or bond, or in any suit
to enjoin the making, filing, confirmation, or issuance of any
assessment or bond to pay for the cost and expenses of any
acquisition and improvement pursuant to this part, a court of
competent jurisdiction in its judgment decrees such assessments or
bonds to be void or unenforceable or enjoins the making, filing,
issuance, or confirmation of any such assessment or bond, the court
in and by its decree shall direct the making of a reassessment to
cover the assessments involved in the suit.
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 decrees the sale to be void or
unenforceable for any reason, the court in and by its decree shall
direct the making of a reassessment to cover the assessments involved
in the suit.
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 a full reassessment, the street
superintendent shall prepare and file with the reassessment a
diagram showing the lots or parcels of land deemed by him to be
benefited by the parking place for which the bonds were issued.
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 each of the lots or parcels of land
from the parking place for which the bonds were issued estimated as
of the date of the filing in the clerk's office of the original
assessment shall first be listed.
(b) Interest shall be added to amounts determined pursuant to (a)
from the date of recording of the original assessment at the rate of
7 percent a year.
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 made pursuant to the order of the legislative
body or decree of court, as the case may be.
(c) Be accompanied by a diagram showing the lots or parcels of
land to be reassessed and their relation to the parking place for
which the bonds were issued.
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 of the reassessment.
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 located. The notice shall be published
for five insertions, if the newspaper is a daily, or for two
insertions if the newspaper is published less frequently. If the
reassessment is to be against the property in a district, this fact
shall be set forth and the reassessment diagram referred to for
particulars.
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 may informally direct the
revision, correction, and modification of the reassessment in such
manner as is most equitable to apportion to each lot or parcel of
land benefited the amount of the actual benefits derived from the
parking place.
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 reassessment has been made, giving
its date, and shall credit upon the reassessment all payments made
upon the original assessment, or upon the bonds issued to represent
the original assessment, and interest on the payments at the rate of
7 percent a year from the date of the payments.
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 parcel of land covered by it.
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 involved. New bonds shall not be issued
until the original bonds are delivered up to the treasurer who shall
cancel them. The lien of the reassessment shall hold its relative
rank as to other special assessment liens as of the date of filing of
the original assessment.
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 represent the amounts of any such
assessment, have been set aside by a court of competent jurisdiction,
or when the court has refused to enforce an assessment or has
decreed any such bonds not to constitute or represent valid and
subsisting liens against the lots or parcels of land upon which the
assessments represented by them have been levied.
(b) If for any reason the assessments or bonds, or both, are not
effective and the curative and waiver provisions of this chapter or
any curative act passed by the Legislature in relation to them fail
to make them valid and enforceable.
(c) Upon the initiative of the legislative body if the legislative
body is of the opinion that all or any part of the assessments or
bonds are not enforceable.
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 an attempted compliance with this
chapter payable by the real property benefited by the parking place
for which such bonds were issued by making a reassessment for that
purpose. The power of reassessment embraces both a full and partial
reassessment, and is not exhausted by a single attempted exercise of
the power.
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 legislative body is of the
opinion that such bonds are not enforceable, it shall order the
making and issuing of a reassessment covering only the assessments
represented by, or securing the bonds owned or held by, the
petitioner.
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 assessment or bond to be unenforceable,
the court in and by its decree shall direct the making of a
reassessment to cover the assessments involved in the suit.
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 assessment or bond, or in any suit
to enjoin the making, filing, confirmation, or issuance of any
assessment or bond to pay for the cost and expenses of any
acquisition and improvement pursuant to this part, a court of
competent jurisdiction in its judgment decrees such assessments or
bonds to be void or unenforceable or enjoins the making, filing,
issuance, or confirmation of any such assessment or bond, the court
in and by its decree shall direct the making of a reassessment to
cover the assessments involved in the suit.
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 decrees the sale to be void or
unenforceable for any reason, the court in and by its decree shall
direct the making of a reassessment to cover the assessments involved
in the suit.
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 a full reassessment, the street
superintendent shall prepare and file with the reassessment a
diagram showing the lots or parcels of land deemed by him to be
benefited by the parking place for which the bonds were issued.
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 each of the lots or parcels of land
from the parking place for which the bonds were issued estimated as
of the date of the filing in the clerk's office of the original
assessment shall first be listed.
(b) Interest shall be added to amounts determined pursuant to (a)
from the date of recording of the original assessment at the rate of
7 percent a year.
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 made pursuant to the order of the legislative
body or decree of court, as the case may be.
(c) Be accompanied by a diagram showing the lots or parcels of
land to be reassessed and their relation to the parking place for
which the bonds were issued.
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 of the reassessment.
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 located. The notice shall be published
for five insertions, if the newspaper is a daily, or for two
insertions if the newspaper is published less frequently. If the
reassessment is to be against the property in a district, this fact
shall be set forth and the reassessment diagram referred to for
particulars.
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 may informally direct the
revision, correction, and modification of the reassessment in such
manner as is most equitable to apportion to each lot or parcel of
land benefited the amount of the actual benefits derived from the
parking place.
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 reassessment has been made, giving
its date, and shall credit upon the reassessment all payments made
upon the original assessment, or upon the bonds issued to represent
the original assessment, and interest on the payments at the rate of
7 percent a year from the date of the payments.
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 parcel of land covered by it.
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 involved. New bonds shall not be issued
until the original bonds are delivered up to the treasurer who shall
cancel them. The lien of the reassessment shall hold its relative
rank as to other special assessment liens as of the date of filing of
the original assessment.
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 represent the amounts of any such
assessment, have been set aside by a court of competent jurisdiction,
or when the court has refused to enforce an assessment or has
decreed any such bonds not to constitute or represent valid and
subsisting liens against the lots or parcels of land upon which the
assessments represented by them have been levied.
(b) If for any reason the assessments or bonds, or both, are not
effective and the curative and waiver provisions of this chapter or
any curative act passed by the Legislature in relation to them fail
to make them valid and enforceable.
(c) Upon the initiative of the legislative body if the legislative
body is of the opinion that all or any part of the assessments or
bonds are not enforceable.
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 an attempted compliance with this
chapter payable by the real property benefited by the parking place
for which such bonds were issued by making a reassessment for that
purpose. The power of reassessment embraces both a full and partial
reassessment, and is not exhausted by a single attempted exercise of
the power.
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 legislative body is of the
opinion that such bonds are not enforceable, it shall order the
making and issuing of a reassessment covering only the assessments
represented by, or securing the bonds owned or held by, the
petitioner.
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 assessment or bond to be unenforceable,
the court in and by its decree shall direct the making of a
reassessment to cover the assessments involved in the suit.
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 assessment or bond, or in any suit
to enjoin the making, filing, confirmation, or issuance of any
assessment or bond to pay for the cost and expenses of any
acquisition and improvement pursuant to this part, a court of
competent jurisdiction in its judgment decrees such assessments or
bonds to be void or unenforceable or enjoins the making, filing,
issuance, or confirmation of any such assessment or bond, the court
in and by its decree shall direct the making of a reassessment to
cover the assessments involved in the suit.
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 decrees the sale to be void or
unenforceable for any reason, the court in and by its decree shall
direct the making of a reassessment to cover the assessments involved
in the suit.
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 a full reassessment, the street
superintendent shall prepare and file with the reassessment a
diagram showing the lots or parcels of land deemed by him to be
benefited by the parking place for which the bonds were issued.
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 each of the lots or parcels of land
from the parking place for which the bonds were issued estimated as
of the date of the filing in the clerk's office of the original
assessment shall first be listed.
(b) Interest shall be added to amounts determined pursuant to (a)
from the date of recording of the original assessment at the rate of
7 percent a year.
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 made pursuant to the order of the legislative
body or decree of court, as the case may be.
(c) Be accompanied by a diagram showing the lots or parcels of
land to be reassessed and their relation to the parking place for
which the bonds were issued.
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 of the reassessment.
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 located. The notice shall be published
for five insertions, if the newspaper is a daily, or for two
insertions if the newspaper is published less frequently. If the
reassessment is to be against the property in a district, this fact
shall be set forth and the reassessment diagram referred to for
particulars.
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 may informally direct the
revision, correction, and modification of the reassessment in such
manner as is most equitable to apportion to each lot or parcel of
land benefited the amount of the actual benefits derived from the
parking place.
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 reassessment has been made, giving
its date, and shall credit upon the reassessment all payments made
upon the original assessment, or upon the bonds issued to represent
the original assessment, and interest on the payments at the rate of
7 percent a year from the date of the payments.
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 parcel of land covered by it.
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 involved. New bonds shall not be issued
until the original bonds are delivered up to the treasurer who shall
cancel them. The lien of the reassessment shall hold its relative
rank as to other special assessment liens as of the date of filing of
the original assessment.
