SECTIONS 5390-5397

5390.  The warrant, after its delivery to the contractor or hisassigns, shall be and constitute full authority to the contractor,his agents or assigns, to collect the assessments. At least 30 days prior to filing the written statement of allpayments received upon the assessment, the contractor, his agents orassigns, shall mail a statement to each owner of real property withinthe assessment district as shown on the list delivered pursuant toSection 5372.5. The statement shall specify a last date for paymentof the assessment, which shall be not less than 30 days from the dateof mailing. The statements shall contain a designation of propertyassessed by the assessment or parcel number shown on the recordedassessment, by street number, or some other description sufficient toenable the property owner to identify the property, a statement ofthe amount of the assessment, and the place of payment, the effect offailure to pay within such time and that, if bonds are to be issued,a statement of that fact, designating the provisions of law pursuantto which the bonds are to be issued. Upon completion of the mailingof the statements, the contractor or his assigns shall file with thesuperintendent of streets an affidavit setting forth the date andmanner of compliance with the requirements of this section. On or before the last date for payment specified in the notice,assessments may be paid in whole or in part. No payments shall bereceived upon the assessment by the contractor, or his agents orassigns, without delivering receipts therefor.5391.  After 30 days after the date of mailing by the contractor orhis assigns of the statement to the property owners pursuant toSection 5390, the contractor, or his assigns, shall sign and file inthe office of the superintendent of streets a written statement ofall payments received upon the assessment. Thereupon, thesuperintendent of streets shall file the statement so made with therecord of the warrant and assessment by attaching it in theassessment book immediately following the record of the assessment.If under the proceedings being taken bonds are to be issued torepresent unpaid assessments, no further payments of assessments canbe accepted by the contractor or his assigns after filing saidstatement, as to any assessment which is to be represented by a bond.When payments are made to the superintendent of streets pursuant toSection 5396 of this division, it shall not be necessary for thecontractor or his assigns to file said written statement of paymentsreceived.5392.  The superintendent of streets shall, at any time, receive theamount due upon any assessment and warrant heretofore or hereafterissued by him and give a good and sufficient discharge therefor,except that after the last date for payment of assessments, asspecified in the statement provided by Section 5390, thesuperintendent of streets shall not receive any amount due upon anyunpaid assessments for which the legislative body has provided forthe issuance of bonds to represent said unpaid assessments. Thelegislative body may prescribe by ordinance that the duties imposedby this section on the superintendent of streets shall be performedonly by the treasurer.5393.  When suit has been brought to collect the amount due upon anyassessment, the plaintiff shall file with the superintendent ofstreets a written notice of the pendency of the action showing theparticular assessments affected by the action. After the filing ofthe notice, the superintendent of streets shall not receive any moneyon account of the assessment, and he shall have no authority tocancel the assessment or give any discharge thereof without thewritten consent of the owner of the assessment until judgment hasbeen rendered in the action or the same has been dismissed and thestreet superintendent shall omit from the list of properties providedto be sent to the tax collector, any property upon which theassessment described in the notice is a lien.5394.  If any warrant is lost, upon proof of such loss a duplicatecan be issued upon which collections may be made with the same effectas on the original.5395.  After the filing of the written statement of all paymentsreceived upon the assessment, all amounts remaining due on anyassessment, except those assessments for which bonds have been issuedor are to be issued, shall draw interest at the rate of 1 percentper month until paid, the interest to be computed from the 31st dayafter the recordation of the warrant.5396.  Notwithstanding any other provisions of this division, thelegislative body may, by ordinance, provide that all payments madeupon any assessment and warrant within 30 days from the recordationthereof, shall be made to the superintendent of streets, who shallmail a statement to each owner of real property within the assessmentdistrict whose name appears on the last equalized assessment roll,at the address appearing on said roll or on file in the office of theclerk, or to both such addresses, if they are not the same. Thestatement shall contain a designation of the property assessed bystreet number, or some other description sufficient to enable theproperty owner to identify the property, statement of the amount ofthe assessment, and the time and place of payment, the effect offailure to pay within such time and that, if bonds are to be issued,a statement of that fact, designating the provisions of law pursuantto which such bonds are to be issued. The legislative body may further provide by said ordinance thatthe superintendent of streets shall receive partial payments upon anyassessment and that notice thereof be given to property owners bythe statement.5397.  If the superintendent of streets is authorized by ordinanceto collect the assessments, the ordinance shall also provide that thesuperintendent of streets shall furnish to the contractor or hisassigns a good and sufficient surety bond conditioned upon the fulland prompt payment by the superintendent of streets to the contractoror his assigns of all assessments so collected by him. The bondshall be in an amount not less than 10 percent of the total amount ofthe assessment shown on the assessment roll if such total amountdoes not exceed two hundred fifty thousand dollars ($250,000) andshall be in the amount of twenty-five thousand dollars ($25,000) ifthe total amount of the assessments shown on the assessment rollexceeds the sum of two hundred fifty thousand dollars ($250,000). Thepremium on the bond shall be payable as a part of the incidentalexpenses of the proceeding. As an alternative the legislative body, in its discretion, mayprovide in such ordinance that a blanket surety bond shall bemaintained on file in the office of the city clerk, conditioned asabove, in amounts herein provided. Such blanket bond shall cover andprotect all contractors and their assigns holding warrants forassessments which the superintendent of streets is authorized tocollect. The premium on such blanket bond may be prorated to theseveral special assessment proceedings as a part of the incidentalexpenses of such proceedings. As a further alternative, the legislative body, in its discretion,may provide in such ordinance that the official bond of thesuperintendent of streets shall guarantee the full and prompt paymentby the superintendent of streets to the contractor or his assigns ofall assessments collected by him.