State Codes and Statutes

Statutes > California > Shc > 5500-5511

STREETS AND HIGHWAYS CODE
SECTION 5500-5511



5500.  If any assessment heretofore or hereafter made, issued or
filed in the office of the clerk is void or unenforceable for any
cause or if bonds have been or are issued to represent or be secured
by any assessments and such issuance was or is not effective through
the curative provisions in relation thereto, or any curative act that
may be passed by the Legislature in relation thereto to make them
valid and enforceable, then, in any of such events a reassessment
therefor may be issued. A reassessment may be made upon the
initiative of the legislative body.



5501.  The true intent and meaning of this chapter is to make the
cost and expense of any work made through an attempted compliance
with this division payable by the real estate benefited by such work
by making a reassessment therefor.
   Such power of reassessing embraces both a full and partial
reassessment, and is not exhausted by a single attempted exercise
thereof.


5502.  A reassessment shall be ordered under any one of the
following circumstances:
   (a) Whenever the owner or holder of any assessments, or bonds
issued under this division to represent or be secured by assessments,
or the person who would own or hold any such assessment or bonds if
they were issued, requests the legislative body to order a
reassessment. In such event if the legislative body is of the opinion
that the assessments or bonds in question are not enforceable, it
shall order the making and issuing of a reassessment covering only
the assessments owned or held by the petitioner, or the assessments
represented or secured by the bonds owned or held by such petitioner,
or which would be owned or held by petitioner if issued.
   (b) Whenever any court of competent jurisdiction in any action to
foreclose the lien of any assessment or to enforce the obligation of
any bond issued to represent or be secured by any assessments issued
under this division for any reason holds such lien unenforceable,
then it shall in and by its decree direct the making of a
reassessment to cover the assessments involved in such action.
   (c) Whenever any court of competent jurisdiction in any action to
set aside the lien of any assessment or of any bond representing any
assessment or in any action to quiet title against the lien of any
such assessment, or bond, or in any action to enjoin the making,
filing, confirmation or issuance of any assessment or bond to pay for
the cost and expenses of any work done under this division, in its
judgment decrees such assessments or bonds to be void or
unenforceable, or enjoins the making, filing or issuance or
confirmation of any such assessment or bond, then it shall in and by
its decree direct the making of a reassessment to cover the
assessments involved in such action.
   (d) Whenever any contractor or assignee of a contractor has done
or performed any work pursuant to proceedings had and taken in
attempted compliance with this division, and whenever prior to the
issuance of any assessment, any court of competent jurisdiction in
any action to invalidate the contract or any of such proceedings for
any reason declares the contract or other proceedings to be invalid,
then such court shall in and by its decree direct the making of a
reassessment for the reasonable value of the work actually done and
performed in good faith by the contractor, or such portion thereof as
was of a kind that could lawfully have been ordered under the
provisions of this division.



5503.  The superintendent of streets shall, upon the entering of a
decree of court directing a reassessment or upon the making of an
order by the legislative body directing a reassessment, proceed to
make a reassessment in the following manner:
   (a) If the reassessment is a partial one only, then it shall not
be necessary for the diagram to show any other lots than the ones
covered by such partial reassessment.
   (b) If it is a full reassessment, the superintendent of streets
shall prepare and file with the reassessment a diagram showing the
lots or parcels of land deemed by him to have been benefited by the
work. The reassessment shall assess upon and against each of the lots
or parcels of land contained therein an amount arrived at as
follows:
   The benefits derived, or to be derived, by each of the lots or
parcels of land from the work estimated as of the date of the filing
in the clerk's office of the original assessment shall first be
listed. Then there shall be added thereto interest thereon from 30
days after the date of such filing of the original assessment at the
rate of 7 percent per annum, and the total sum shall constitute and
be the amount of the proposed several assessments in such
reassessment. The total of such reassessment, however, exclusive of
interest, shall not exceed the cost and expenses of the work.
   In the event such reassessment is not confirmed within seven
months of the date of filing in the clerk's office of the original
assessment, the legislative body shall pay from its general funds the
7 percent interest added to the cost and expenses of the work in
accordance with this section, plus the incidental expenses of such
reassessment in the event that a reassessment is made.



5504.  The reassessment need not be in any prescribed form, but
shall refer to the original assessment filed, give the date of filing
of the original assessment and state that it is made pursuant to the
order of the legislative body or decree of the court, as the case
may be, and shall be accompanied by a diagram showing the lots or
parcels of land to be reassessed and their relation to the work.




5505.  The reassessment shall then be presented to the legislative
body, which shall fix a time for hearing before it. Such time must be
at least 20 days after the reassessment is so presented. The clerk
shall then advertise the time of such hearing before the legislative
body by publishing a notice in the newspaper in which the notice of
award of contract for the work for which the assessment was made was
published, unless the legislative body directs publication in some
other paper.



5505.1.  The clerk shall give notice of the presentation of the
reassessment and the hearing thereon by mail, as provided in Sections
5070 and 5364, and by posting, as provided in Section 5065.



5506.  The notice shall describe the district by:
   (a) Stating its exterior boundaries; or
   (b) Giving a description thereof by any official or recorded map;
or
   (c) Referring to the reassessment diagram.
Such notice shall be published pursuant to Section 6062a of the
Government Code.


5507.  At the time fixed for the hearing, or at such time or times
to which the hearing may be thereafter adjourned, the legislative
body shall consider the objections to the reassessment and in its
discretion informally direct the revision, correction or modification
of such reassessment in such manner as is most equitable to
apportion to each lot or parcel of land thereby benefited the amount
of the actual benefits derived from the work. When the reassessment
is revised, or corrected or modified so as to comply with the
judgment of the legislative body, then it shall pass a resolution
confirming the reassessment.


5508.  The street superintendent shall thereupon record the
reassessment with a certificate at the end thereof by the clerk, that
it is the reassessment approved by the legislative body. He shall
also 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
such reassessment all payments theretofore made upon the original
assessment, or upon the bonds issued to represent the original
assessment, together with interest on such payments at the rate of 7
per cent per year from and after the date of such payments.




5509.  The reassessment shall be collectible and payable in the same
manner as an original assessment and shall be enforceable by action
in the same manner provided in this division for enforcing an
original assessment, and shall have the same weight in evidence. If
bonds issued under or upon the security of the original assessment
they shall also issue upon the reassessment for such sum as may be
reassessed against the lots or parcels of land covered thereby.



5510.  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.



5510.1.  The expense of any county treasurer in issuing any new
bonds and in carrying out any reassessment shall be paid by the city
conducting the assessment proceedings.



5511.  If work done in attempted compliance with this division is
fully completed to the satisfaction of the street superintendent or
engineer, as the case may be, it shall nevertheless be the duty of
the proper officer to make and file an assessment for the costs and
expenses thereof, which shall form the basis of a reassessment if the
assessment is unenforceable.


State Codes and Statutes

Statutes > California > Shc > 5500-5511

STREETS AND HIGHWAYS CODE
SECTION 5500-5511



5500.  If any assessment heretofore or hereafter made, issued or
filed in the office of the clerk is void or unenforceable for any
cause or if bonds have been or are issued to represent or be secured
by any assessments and such issuance was or is not effective through
the curative provisions in relation thereto, or any curative act that
may be passed by the Legislature in relation thereto to make them
valid and enforceable, then, in any of such events a reassessment
therefor may be issued. A reassessment may be made upon the
initiative of the legislative body.



5501.  The true intent and meaning of this chapter is to make the
cost and expense of any work made through an attempted compliance
with this division payable by the real estate benefited by such work
by making a reassessment therefor.
   Such power of reassessing embraces both a full and partial
reassessment, and is not exhausted by a single attempted exercise
thereof.


5502.  A reassessment shall be ordered under any one of the
following circumstances:
   (a) Whenever the owner or holder of any assessments, or bonds
issued under this division to represent or be secured by assessments,
or the person who would own or hold any such assessment or bonds if
they were issued, requests the legislative body to order a
reassessment. In such event if the legislative body is of the opinion
that the assessments or bonds in question are not enforceable, it
shall order the making and issuing of a reassessment covering only
the assessments owned or held by the petitioner, or the assessments
represented or secured by the bonds owned or held by such petitioner,
or which would be owned or held by petitioner if issued.
   (b) Whenever any court of competent jurisdiction in any action to
foreclose the lien of any assessment or to enforce the obligation of
any bond issued to represent or be secured by any assessments issued
under this division for any reason holds such lien unenforceable,
then it shall in and by its decree direct the making of a
reassessment to cover the assessments involved in such action.
   (c) Whenever any court of competent jurisdiction in any action to
set aside the lien of any assessment or of any bond representing any
assessment or in any action to quiet title against the lien of any
such assessment, or bond, or in any action to enjoin the making,
filing, confirmation or issuance of any assessment or bond to pay for
the cost and expenses of any work done under this division, in its
judgment decrees such assessments or bonds to be void or
unenforceable, or enjoins the making, filing or issuance or
confirmation of any such assessment or bond, then it shall in and by
its decree direct the making of a reassessment to cover the
assessments involved in such action.
   (d) Whenever any contractor or assignee of a contractor has done
or performed any work pursuant to proceedings had and taken in
attempted compliance with this division, and whenever prior to the
issuance of any assessment, any court of competent jurisdiction in
any action to invalidate the contract or any of such proceedings for
any reason declares the contract or other proceedings to be invalid,
then such court shall in and by its decree direct the making of a
reassessment for the reasonable value of the work actually done and
performed in good faith by the contractor, or such portion thereof as
was of a kind that could lawfully have been ordered under the
provisions of this division.



5503.  The superintendent of streets shall, upon the entering of a
decree of court directing a reassessment or upon the making of an
order by the legislative body directing a reassessment, proceed to
make a reassessment in the following manner:
   (a) If the reassessment is a partial one only, then it shall not
be necessary for the diagram to show any other lots than the ones
covered by such partial reassessment.
   (b) If it is a full reassessment, the superintendent of streets
shall prepare and file with the reassessment a diagram showing the
lots or parcels of land deemed by him to have been benefited by the
work. The reassessment shall assess upon and against each of the lots
or parcels of land contained therein an amount arrived at as
follows:
   The benefits derived, or to be derived, by each of the lots or
parcels of land from the work estimated as of the date of the filing
in the clerk's office of the original assessment shall first be
listed. Then there shall be added thereto interest thereon from 30
days after the date of such filing of the original assessment at the
rate of 7 percent per annum, and the total sum shall constitute and
be the amount of the proposed several assessments in such
reassessment. The total of such reassessment, however, exclusive of
interest, shall not exceed the cost and expenses of the work.
   In the event such reassessment is not confirmed within seven
months of the date of filing in the clerk's office of the original
assessment, the legislative body shall pay from its general funds the
7 percent interest added to the cost and expenses of the work in
accordance with this section, plus the incidental expenses of such
reassessment in the event that a reassessment is made.



5504.  The reassessment need not be in any prescribed form, but
shall refer to the original assessment filed, give the date of filing
of the original assessment and state that it is made pursuant to the
order of the legislative body or decree of the court, as the case
may be, and shall be accompanied by a diagram showing the lots or
parcels of land to be reassessed and their relation to the work.




5505.  The reassessment shall then be presented to the legislative
body, which shall fix a time for hearing before it. Such time must be
at least 20 days after the reassessment is so presented. The clerk
shall then advertise the time of such hearing before the legislative
body by publishing a notice in the newspaper in which the notice of
award of contract for the work for which the assessment was made was
published, unless the legislative body directs publication in some
other paper.



5505.1.  The clerk shall give notice of the presentation of the
reassessment and the hearing thereon by mail, as provided in Sections
5070 and 5364, and by posting, as provided in Section 5065.



5506.  The notice shall describe the district by:
   (a) Stating its exterior boundaries; or
   (b) Giving a description thereof by any official or recorded map;
or
   (c) Referring to the reassessment diagram.
Such notice shall be published pursuant to Section 6062a of the
Government Code.


5507.  At the time fixed for the hearing, or at such time or times
to which the hearing may be thereafter adjourned, the legislative
body shall consider the objections to the reassessment and in its
discretion informally direct the revision, correction or modification
of such reassessment in such manner as is most equitable to
apportion to each lot or parcel of land thereby benefited the amount
of the actual benefits derived from the work. When the reassessment
is revised, or corrected or modified so as to comply with the
judgment of the legislative body, then it shall pass a resolution
confirming the reassessment.


5508.  The street superintendent shall thereupon record the
reassessment with a certificate at the end thereof by the clerk, that
it is the reassessment approved by the legislative body. He shall
also 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
such reassessment all payments theretofore made upon the original
assessment, or upon the bonds issued to represent the original
assessment, together with interest on such payments at the rate of 7
per cent per year from and after the date of such payments.




5509.  The reassessment shall be collectible and payable in the same
manner as an original assessment and shall be enforceable by action
in the same manner provided in this division for enforcing an
original assessment, and shall have the same weight in evidence. If
bonds issued under or upon the security of the original assessment
they shall also issue upon the reassessment for such sum as may be
reassessed against the lots or parcels of land covered thereby.



5510.  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.



5510.1.  The expense of any county treasurer in issuing any new
bonds and in carrying out any reassessment shall be paid by the city
conducting the assessment proceedings.



5511.  If work done in attempted compliance with this division is
fully completed to the satisfaction of the street superintendent or
engineer, as the case may be, it shall nevertheless be the duty of
the proper officer to make and file an assessment for the costs and
expenses thereof, which shall form the basis of a reassessment if the
assessment is unenforceable.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Shc > 5500-5511

STREETS AND HIGHWAYS CODE
SECTION 5500-5511



5500.  If any assessment heretofore or hereafter made, issued or
filed in the office of the clerk is void or unenforceable for any
cause or if bonds have been or are issued to represent or be secured
by any assessments and such issuance was or is not effective through
the curative provisions in relation thereto, or any curative act that
may be passed by the Legislature in relation thereto to make them
valid and enforceable, then, in any of such events a reassessment
therefor may be issued. A reassessment may be made upon the
initiative of the legislative body.



5501.  The true intent and meaning of this chapter is to make the
cost and expense of any work made through an attempted compliance
with this division payable by the real estate benefited by such work
by making a reassessment therefor.
   Such power of reassessing embraces both a full and partial
reassessment, and is not exhausted by a single attempted exercise
thereof.


5502.  A reassessment shall be ordered under any one of the
following circumstances:
   (a) Whenever the owner or holder of any assessments, or bonds
issued under this division to represent or be secured by assessments,
or the person who would own or hold any such assessment or bonds if
they were issued, requests the legislative body to order a
reassessment. In such event if the legislative body is of the opinion
that the assessments or bonds in question are not enforceable, it
shall order the making and issuing of a reassessment covering only
the assessments owned or held by the petitioner, or the assessments
represented or secured by the bonds owned or held by such petitioner,
or which would be owned or held by petitioner if issued.
   (b) Whenever any court of competent jurisdiction in any action to
foreclose the lien of any assessment or to enforce the obligation of
any bond issued to represent or be secured by any assessments issued
under this division for any reason holds such lien unenforceable,
then it shall in and by its decree direct the making of a
reassessment to cover the assessments involved in such action.
   (c) Whenever any court of competent jurisdiction in any action to
set aside the lien of any assessment or of any bond representing any
assessment or in any action to quiet title against the lien of any
such assessment, or bond, or in any action to enjoin the making,
filing, confirmation or issuance of any assessment or bond to pay for
the cost and expenses of any work done under this division, in its
judgment decrees such assessments or bonds to be void or
unenforceable, or enjoins the making, filing or issuance or
confirmation of any such assessment or bond, then it shall in and by
its decree direct the making of a reassessment to cover the
assessments involved in such action.
   (d) Whenever any contractor or assignee of a contractor has done
or performed any work pursuant to proceedings had and taken in
attempted compliance with this division, and whenever prior to the
issuance of any assessment, any court of competent jurisdiction in
any action to invalidate the contract or any of such proceedings for
any reason declares the contract or other proceedings to be invalid,
then such court shall in and by its decree direct the making of a
reassessment for the reasonable value of the work actually done and
performed in good faith by the contractor, or such portion thereof as
was of a kind that could lawfully have been ordered under the
provisions of this division.



5503.  The superintendent of streets shall, upon the entering of a
decree of court directing a reassessment or upon the making of an
order by the legislative body directing a reassessment, proceed to
make a reassessment in the following manner:
   (a) If the reassessment is a partial one only, then it shall not
be necessary for the diagram to show any other lots than the ones
covered by such partial reassessment.
   (b) If it is a full reassessment, the superintendent of streets
shall prepare and file with the reassessment a diagram showing the
lots or parcels of land deemed by him to have been benefited by the
work. The reassessment shall assess upon and against each of the lots
or parcels of land contained therein an amount arrived at as
follows:
   The benefits derived, or to be derived, by each of the lots or
parcels of land from the work estimated as of the date of the filing
in the clerk's office of the original assessment shall first be
listed. Then there shall be added thereto interest thereon from 30
days after the date of such filing of the original assessment at the
rate of 7 percent per annum, and the total sum shall constitute and
be the amount of the proposed several assessments in such
reassessment. The total of such reassessment, however, exclusive of
interest, shall not exceed the cost and expenses of the work.
   In the event such reassessment is not confirmed within seven
months of the date of filing in the clerk's office of the original
assessment, the legislative body shall pay from its general funds the
7 percent interest added to the cost and expenses of the work in
accordance with this section, plus the incidental expenses of such
reassessment in the event that a reassessment is made.



5504.  The reassessment need not be in any prescribed form, but
shall refer to the original assessment filed, give the date of filing
of the original assessment and state that it is made pursuant to the
order of the legislative body or decree of the court, as the case
may be, and shall be accompanied by a diagram showing the lots or
parcels of land to be reassessed and their relation to the work.




5505.  The reassessment shall then be presented to the legislative
body, which shall fix a time for hearing before it. Such time must be
at least 20 days after the reassessment is so presented. The clerk
shall then advertise the time of such hearing before the legislative
body by publishing a notice in the newspaper in which the notice of
award of contract for the work for which the assessment was made was
published, unless the legislative body directs publication in some
other paper.



5505.1.  The clerk shall give notice of the presentation of the
reassessment and the hearing thereon by mail, as provided in Sections
5070 and 5364, and by posting, as provided in Section 5065.



5506.  The notice shall describe the district by:
   (a) Stating its exterior boundaries; or
   (b) Giving a description thereof by any official or recorded map;
or
   (c) Referring to the reassessment diagram.
Such notice shall be published pursuant to Section 6062a of the
Government Code.


5507.  At the time fixed for the hearing, or at such time or times
to which the hearing may be thereafter adjourned, the legislative
body shall consider the objections to the reassessment and in its
discretion informally direct the revision, correction or modification
of such reassessment in such manner as is most equitable to
apportion to each lot or parcel of land thereby benefited the amount
of the actual benefits derived from the work. When the reassessment
is revised, or corrected or modified so as to comply with the
judgment of the legislative body, then it shall pass a resolution
confirming the reassessment.


5508.  The street superintendent shall thereupon record the
reassessment with a certificate at the end thereof by the clerk, that
it is the reassessment approved by the legislative body. He shall
also 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
such reassessment all payments theretofore made upon the original
assessment, or upon the bonds issued to represent the original
assessment, together with interest on such payments at the rate of 7
per cent per year from and after the date of such payments.




5509.  The reassessment shall be collectible and payable in the same
manner as an original assessment and shall be enforceable by action
in the same manner provided in this division for enforcing an
original assessment, and shall have the same weight in evidence. If
bonds issued under or upon the security of the original assessment
they shall also issue upon the reassessment for such sum as may be
reassessed against the lots or parcels of land covered thereby.



5510.  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.



5510.1.  The expense of any county treasurer in issuing any new
bonds and in carrying out any reassessment shall be paid by the city
conducting the assessment proceedings.



5511.  If work done in attempted compliance with this division is
fully completed to the satisfaction of the street superintendent or
engineer, as the case may be, it shall nevertheless be the duty of
the proper officer to make and file an assessment for the costs and
expenses thereof, which shall form the basis of a reassessment if the
assessment is unenforceable.