State Codes and Statutes

Statutes > California > Shc > 5550-5565

STREETS AND HIGHWAYS CODE
SECTION 5550-5565



5550.  Notwithstanding any other provision of this division, the
legislative body shall have power at any time before the assessments
levied under this division are fully paid and discharged to order a
reassessment under the terms and conditions set forth in this
chapter.



5551.  Whenever the legislative body determines that the work for
which an assessment was previously made was for the construction,
alteration, repair, improvement or betterment of any major traffic
artery or sanitary sewer designed for or generally used by the people
of the city as a whole, the legislative body may, in its discretion,
determine to aid the same by appropriating any funds available for
such purpose. It shall not be necessary to set forth or give notice
of such contribution in the resolution of intention or other
proceedings hereunder.


5551.5.  Whenever the legislative body determines that the work for
which an assessment was previously made was for the construction,
acquisition, alteration, repair, improvement or betterment of any
lands or improvements which have been sold as surplus property, the
legislative body may, in its discretion, determine to aid the project
by appropriating the proceeds of the sale and contributing the same
for such purpose. It shall not be necessary to set forth or give
notice of such contribution in the resolution of intention or other
proceedings hereunder.



5552.  Upon appropriating any such funds in aid of any work, the
legislative body by resolution shall direct the street superintendent
to apportion the sum thus appropriated pro rata between all
properties assessed upon the original assessment or any reassessment
made therefor, whichever is the latest in point of time. Such sum
shall be apportioned in the same ratio that the original assessments
bore to the total assessment against all properties assessed.



5553.  The street superintendent shall thereupon prepare a
reassessment after deducting such apportionment rebate and return the
same to the legislative body. The reassessment need not be in any
prescribed form but shall refer to the original assessment filed,
giving the date of filing of the original assessment, and shall state
that it was made pursuant to the order of the legislative body and
shall be accompanied by a diagram showing the lots to be reassessed
and their relation to the work. Such diagram may be the original
assessment diagram if it otherwise conforms to the provisions of this
chapter.


5554.  Upon receipt of the reassessment the legislative body shall
fix a time and place when any and all persons objecting to the
proposed reassessment may be heard. Such time must be at least 20
days after the reassessment has been 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 newspaper.


5555.  The notice shall contain a reference to the original
assessment and diagram and reference shall also be made to the
reassessment and diagram of the street superintendent for full
particulars, as to the extent of the district affected by these
proceedings and for all other particulars.



5556.  At the time fixed for the hearing or at such time or times to
which the hearing may be continued the legislative body shall
consider all objections to the reassessment and may correct
inequalities or mistakes therein. When the legislative body is
satisfied with the correctness of the reassessment it shall confirm
the same.



5557.  The street superintendent shall record the confirmed
reassessment and diagram, in his office, with a certificate at the
end thereof executed 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 reassessments all
payments theretofore made upon the original assessment or upon the
bonds issued to represent the original assessment.




5558.  The reassessment shall be collectible by and payable to the
treasurer or such other officer as the legislative body may designate
so far as practicable in the same manner as an original assessment
and shall be enforceable by action in the manner provided in this
division for enforcing an original assessment and shall have the same
weight in evidence.



5559.  If bonds issued under or upon the security of the original
assessment, no reassessment made pursuant to this chapter shall
change the security or lien of any such bond in any manner whatsoever
or the method of the enforcement thereof. The lien of such
reassessment shall hold its relative rank as to other special
assessment liens as of the date of filing of the original assessment.
Upon confirming the reassessment, the city shall transfer into the
bond and assessment redemption fund the amounts so apportioned among
the several assessments.


5560.  Whenever prior to the confirmation of the reassessment any
principal payments have been made on any assessment or on any bond
issue to represent any such assessment, the owner of record of the
property against which such assessment was levied, at the time such
payment was made, or where a purchaser under a contract of purchase
or a lessee under a lease, pursuant to the terms of which contract of
purchase or lease, is required to and has made such payments upon
the original assessment or bonds, then such purchaser or lessee shall
be entitled to receive a refund of an amount of the difference
between the original assessment and the reassessment in the
proportion that such payments made by him bears to the original
assessment, with respect to the lot or parcel of land for which such
payments were made. The balance of any such appropriation, as
determined by the reassessment, shall be credited pro rata to the
bonds in payment thereof, applying such payment first to the interest
due and then upon the principal. Thereafter the treasurer shall pay
to the holder of each bond the payment so credited from the bond and
assessment redemption fund. The treasurer is hereby authorized and
directed to make all payments of refunds as authorized by this
chapter.


5561.  Whenever it shall appear to the legislative body that
payments have been made on any such assessments or bonds prior to the
reassessment, it shall be its duty to cause to be published in the
newspaper in which the ordinance or resolution of intention for the
work was published, unless the legislative body directs publication
in some other paper, a notice stating the fact of such reassessment
and calling upon all property owners affected by the work to make
claim for refund within two years from date of the first publication
of the notice. Reference shall be made to the reassessment and
diagram for all particulars. Such notice shall be published once a
week for two weeks.



5562.  If claim for such refund is not made within the period
specified, then all claims therefor shall be barred and the amount
remaining unclaimed shall revert to the fund from which the
supplemental appropriation was made by the legislative body.




5563.  No action shall be brought to contest, modify, annul, review
or in any way attack the validity of the reassessment and the
proceedings had under this chapter unless the same shall have been
commenced within 30 days after the recording of the diagram and
reassessment, and thereafter all persons shall be barred from any
such action or any defense of invalidity of the reassessment and all
bonds issued thereon.



5564.  In making the reassessment the street superintendent shall
first deduct from the amount appropriated by the legislative body the
estimated cost of the reassessment proceedings. If the estimate for
any reason exceeds the actual cost thereof, then the excess of the
fund reserved for the payment of costs shall revert to the fund from
which the appropriation was made. If the estimate proves to be
insufficient to meet the costs of the reassessment, the legislative
body shall appropriate such additional sums as may be necessary to
meet the excess costs and expenses thereof.



5565.  The making of any reassessment pursuant to this chapter in
any proceedings shall not constitute a bar or limit the right to make
further reassessments as the legislative body may determine.


State Codes and Statutes

Statutes > California > Shc > 5550-5565

STREETS AND HIGHWAYS CODE
SECTION 5550-5565



5550.  Notwithstanding any other provision of this division, the
legislative body shall have power at any time before the assessments
levied under this division are fully paid and discharged to order a
reassessment under the terms and conditions set forth in this
chapter.



5551.  Whenever the legislative body determines that the work for
which an assessment was previously made was for the construction,
alteration, repair, improvement or betterment of any major traffic
artery or sanitary sewer designed for or generally used by the people
of the city as a whole, the legislative body may, in its discretion,
determine to aid the same by appropriating any funds available for
such purpose. It shall not be necessary to set forth or give notice
of such contribution in the resolution of intention or other
proceedings hereunder.


5551.5.  Whenever the legislative body determines that the work for
which an assessment was previously made was for the construction,
acquisition, alteration, repair, improvement or betterment of any
lands or improvements which have been sold as surplus property, the
legislative body may, in its discretion, determine to aid the project
by appropriating the proceeds of the sale and contributing the same
for such purpose. It shall not be necessary to set forth or give
notice of such contribution in the resolution of intention or other
proceedings hereunder.



5552.  Upon appropriating any such funds in aid of any work, the
legislative body by resolution shall direct the street superintendent
to apportion the sum thus appropriated pro rata between all
properties assessed upon the original assessment or any reassessment
made therefor, whichever is the latest in point of time. Such sum
shall be apportioned in the same ratio that the original assessments
bore to the total assessment against all properties assessed.



5553.  The street superintendent shall thereupon prepare a
reassessment after deducting such apportionment rebate and return the
same to the legislative body. The reassessment need not be in any
prescribed form but shall refer to the original assessment filed,
giving the date of filing of the original assessment, and shall state
that it was made pursuant to the order of the legislative body and
shall be accompanied by a diagram showing the lots to be reassessed
and their relation to the work. Such diagram may be the original
assessment diagram if it otherwise conforms to the provisions of this
chapter.


5554.  Upon receipt of the reassessment the legislative body shall
fix a time and place when any and all persons objecting to the
proposed reassessment may be heard. Such time must be at least 20
days after the reassessment has been 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 newspaper.


5555.  The notice shall contain a reference to the original
assessment and diagram and reference shall also be made to the
reassessment and diagram of the street superintendent for full
particulars, as to the extent of the district affected by these
proceedings and for all other particulars.



5556.  At the time fixed for the hearing or at such time or times to
which the hearing may be continued the legislative body shall
consider all objections to the reassessment and may correct
inequalities or mistakes therein. When the legislative body is
satisfied with the correctness of the reassessment it shall confirm
the same.



5557.  The street superintendent shall record the confirmed
reassessment and diagram, in his office, with a certificate at the
end thereof executed 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 reassessments all
payments theretofore made upon the original assessment or upon the
bonds issued to represent the original assessment.




5558.  The reassessment shall be collectible by and payable to the
treasurer or such other officer as the legislative body may designate
so far as practicable in the same manner as an original assessment
and shall be enforceable by action in the manner provided in this
division for enforcing an original assessment and shall have the same
weight in evidence.



5559.  If bonds issued under or upon the security of the original
assessment, no reassessment made pursuant to this chapter shall
change the security or lien of any such bond in any manner whatsoever
or the method of the enforcement thereof. The lien of such
reassessment shall hold its relative rank as to other special
assessment liens as of the date of filing of the original assessment.
Upon confirming the reassessment, the city shall transfer into the
bond and assessment redemption fund the amounts so apportioned among
the several assessments.


5560.  Whenever prior to the confirmation of the reassessment any
principal payments have been made on any assessment or on any bond
issue to represent any such assessment, the owner of record of the
property against which such assessment was levied, at the time such
payment was made, or where a purchaser under a contract of purchase
or a lessee under a lease, pursuant to the terms of which contract of
purchase or lease, is required to and has made such payments upon
the original assessment or bonds, then such purchaser or lessee shall
be entitled to receive a refund of an amount of the difference
between the original assessment and the reassessment in the
proportion that such payments made by him bears to the original
assessment, with respect to the lot or parcel of land for which such
payments were made. The balance of any such appropriation, as
determined by the reassessment, shall be credited pro rata to the
bonds in payment thereof, applying such payment first to the interest
due and then upon the principal. Thereafter the treasurer shall pay
to the holder of each bond the payment so credited from the bond and
assessment redemption fund. The treasurer is hereby authorized and
directed to make all payments of refunds as authorized by this
chapter.


5561.  Whenever it shall appear to the legislative body that
payments have been made on any such assessments or bonds prior to the
reassessment, it shall be its duty to cause to be published in the
newspaper in which the ordinance or resolution of intention for the
work was published, unless the legislative body directs publication
in some other paper, a notice stating the fact of such reassessment
and calling upon all property owners affected by the work to make
claim for refund within two years from date of the first publication
of the notice. Reference shall be made to the reassessment and
diagram for all particulars. Such notice shall be published once a
week for two weeks.



5562.  If claim for such refund is not made within the period
specified, then all claims therefor shall be barred and the amount
remaining unclaimed shall revert to the fund from which the
supplemental appropriation was made by the legislative body.




5563.  No action shall be brought to contest, modify, annul, review
or in any way attack the validity of the reassessment and the
proceedings had under this chapter unless the same shall have been
commenced within 30 days after the recording of the diagram and
reassessment, and thereafter all persons shall be barred from any
such action or any defense of invalidity of the reassessment and all
bonds issued thereon.



5564.  In making the reassessment the street superintendent shall
first deduct from the amount appropriated by the legislative body the
estimated cost of the reassessment proceedings. If the estimate for
any reason exceeds the actual cost thereof, then the excess of the
fund reserved for the payment of costs shall revert to the fund from
which the appropriation was made. If the estimate proves to be
insufficient to meet the costs of the reassessment, the legislative
body shall appropriate such additional sums as may be necessary to
meet the excess costs and expenses thereof.



5565.  The making of any reassessment pursuant to this chapter in
any proceedings shall not constitute a bar or limit the right to make
further reassessments as the legislative body may determine.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Shc > 5550-5565

STREETS AND HIGHWAYS CODE
SECTION 5550-5565



5550.  Notwithstanding any other provision of this division, the
legislative body shall have power at any time before the assessments
levied under this division are fully paid and discharged to order a
reassessment under the terms and conditions set forth in this
chapter.



5551.  Whenever the legislative body determines that the work for
which an assessment was previously made was for the construction,
alteration, repair, improvement or betterment of any major traffic
artery or sanitary sewer designed for or generally used by the people
of the city as a whole, the legislative body may, in its discretion,
determine to aid the same by appropriating any funds available for
such purpose. It shall not be necessary to set forth or give notice
of such contribution in the resolution of intention or other
proceedings hereunder.


5551.5.  Whenever the legislative body determines that the work for
which an assessment was previously made was for the construction,
acquisition, alteration, repair, improvement or betterment of any
lands or improvements which have been sold as surplus property, the
legislative body may, in its discretion, determine to aid the project
by appropriating the proceeds of the sale and contributing the same
for such purpose. It shall not be necessary to set forth or give
notice of such contribution in the resolution of intention or other
proceedings hereunder.



5552.  Upon appropriating any such funds in aid of any work, the
legislative body by resolution shall direct the street superintendent
to apportion the sum thus appropriated pro rata between all
properties assessed upon the original assessment or any reassessment
made therefor, whichever is the latest in point of time. Such sum
shall be apportioned in the same ratio that the original assessments
bore to the total assessment against all properties assessed.



5553.  The street superintendent shall thereupon prepare a
reassessment after deducting such apportionment rebate and return the
same to the legislative body. The reassessment need not be in any
prescribed form but shall refer to the original assessment filed,
giving the date of filing of the original assessment, and shall state
that it was made pursuant to the order of the legislative body and
shall be accompanied by a diagram showing the lots to be reassessed
and their relation to the work. Such diagram may be the original
assessment diagram if it otherwise conforms to the provisions of this
chapter.


5554.  Upon receipt of the reassessment the legislative body shall
fix a time and place when any and all persons objecting to the
proposed reassessment may be heard. Such time must be at least 20
days after the reassessment has been 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 newspaper.


5555.  The notice shall contain a reference to the original
assessment and diagram and reference shall also be made to the
reassessment and diagram of the street superintendent for full
particulars, as to the extent of the district affected by these
proceedings and for all other particulars.



5556.  At the time fixed for the hearing or at such time or times to
which the hearing may be continued the legislative body shall
consider all objections to the reassessment and may correct
inequalities or mistakes therein. When the legislative body is
satisfied with the correctness of the reassessment it shall confirm
the same.



5557.  The street superintendent shall record the confirmed
reassessment and diagram, in his office, with a certificate at the
end thereof executed 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 reassessments all
payments theretofore made upon the original assessment or upon the
bonds issued to represent the original assessment.




5558.  The reassessment shall be collectible by and payable to the
treasurer or such other officer as the legislative body may designate
so far as practicable in the same manner as an original assessment
and shall be enforceable by action in the manner provided in this
division for enforcing an original assessment and shall have the same
weight in evidence.



5559.  If bonds issued under or upon the security of the original
assessment, no reassessment made pursuant to this chapter shall
change the security or lien of any such bond in any manner whatsoever
or the method of the enforcement thereof. The lien of such
reassessment shall hold its relative rank as to other special
assessment liens as of the date of filing of the original assessment.
Upon confirming the reassessment, the city shall transfer into the
bond and assessment redemption fund the amounts so apportioned among
the several assessments.


5560.  Whenever prior to the confirmation of the reassessment any
principal payments have been made on any assessment or on any bond
issue to represent any such assessment, the owner of record of the
property against which such assessment was levied, at the time such
payment was made, or where a purchaser under a contract of purchase
or a lessee under a lease, pursuant to the terms of which contract of
purchase or lease, is required to and has made such payments upon
the original assessment or bonds, then such purchaser or lessee shall
be entitled to receive a refund of an amount of the difference
between the original assessment and the reassessment in the
proportion that such payments made by him bears to the original
assessment, with respect to the lot or parcel of land for which such
payments were made. The balance of any such appropriation, as
determined by the reassessment, shall be credited pro rata to the
bonds in payment thereof, applying such payment first to the interest
due and then upon the principal. Thereafter the treasurer shall pay
to the holder of each bond the payment so credited from the bond and
assessment redemption fund. The treasurer is hereby authorized and
directed to make all payments of refunds as authorized by this
chapter.


5561.  Whenever it shall appear to the legislative body that
payments have been made on any such assessments or bonds prior to the
reassessment, it shall be its duty to cause to be published in the
newspaper in which the ordinance or resolution of intention for the
work was published, unless the legislative body directs publication
in some other paper, a notice stating the fact of such reassessment
and calling upon all property owners affected by the work to make
claim for refund within two years from date of the first publication
of the notice. Reference shall be made to the reassessment and
diagram for all particulars. Such notice shall be published once a
week for two weeks.



5562.  If claim for such refund is not made within the period
specified, then all claims therefor shall be barred and the amount
remaining unclaimed shall revert to the fund from which the
supplemental appropriation was made by the legislative body.




5563.  No action shall be brought to contest, modify, annul, review
or in any way attack the validity of the reassessment and the
proceedings had under this chapter unless the same shall have been
commenced within 30 days after the recording of the diagram and
reassessment, and thereafter all persons shall be barred from any
such action or any defense of invalidity of the reassessment and all
bonds issued thereon.



5564.  In making the reassessment the street superintendent shall
first deduct from the amount appropriated by the legislative body the
estimated cost of the reassessment proceedings. If the estimate for
any reason exceeds the actual cost thereof, then the excess of the
fund reserved for the payment of costs shall revert to the fund from
which the appropriation was made. If the estimate proves to be
insufficient to meet the costs of the reassessment, the legislative
body shall appropriate such additional sums as may be necessary to
meet the excess costs and expenses thereof.



5565.  The making of any reassessment pursuant to this chapter in
any proceedings shall not constitute a bar or limit the right to make
further reassessments as the legislative body may determine.