Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-11

which notice shall state the approximste
total cost Of the entire improvement, and
she amount OF the assessment. proposed to
be made on each lot or parcel OF land,
describing the same, and the time when the
same VIII be considered by the Board
AFTER the first publication OF such notice.
aud until the date OF such hearing, the
owner OF the property affected By such
assessment may file objections, and may
De present at such hearing and presenr
such objections. The Board may. whenever
I & u Seems Il expedient, provide for other
notice 20 be given provided, however. that
notice BY publication as Aforesaid shall Be-
/ deemed due aud legal notice.
After the time specified By said notice
nas elapsed. the Board shall consider said
proposed assessment and aeceL tanee, and
all objections made thereto, and shall have
| power at Its discretion and without fur
ther notice to consider, ascertain and de-
lle sernihe tne same and the amount Of the
special and peculiar benefits accruing to
eaeh lot or parcel OF land so assessed by
reason OF such Improvement and shall de
clare the same by ordinance.
Each lot or part thereof, or parcel Of
land shall be deemed TO be benefited by
such improvement to the full amount q
the assessment levied thereon.
(gl No assessment shall be held Invalid
oy reason OF failure to enter the name Of
the owner OF any lot. part thereof or par
Gel or land so assessed. or BY any mistake
IN the name Of the owner or the entry OF
name other than the name OF the owner
IN u s9eh assessment or In any act or pro-
eeedlng connected Herewith, and no DELAY.
mistake error or lrregularity In any act or
proceeding In the Improvement shall impair
or lnValidate any final assessment, but the
sr,aS sH,no ,Il NAY oe remedled by subsequent or
lhl whenever any assessment for any
improvement has been or may be set aside
annulled, or rendered void, or its enforce
tl.s1 nleht refused by any court Of competent
jurisdiction. or whenever the Board may
be In doubt as to the validity OF any such
assessment, the Board shall have and are
hereby granted the power to re-apportion
tne costs and expenses Of any such im-
ptoVement and to re-assess the property
benerlted by such improvement.
(D From the date OF entry Of any as
sessment In said docket OF city liens, the
sum as therein entered Is hereby declared
to be q tax levied and a lien upon the lot
or parts thereof or tract of land therein
set forth. and said lien shall have priority
over all other liens and incumbranees
whatsoever thereon, and the sum or sums
assessed for any local improvement entered
upon. such lien docket shall be due and
payable from the date OF such entry, and
II not paid or bonded as provided By law,
WITHIN ten days from the date Of such
entry the same shall thereafter be deemed
delinquent aud shall bear interest ut the
rate OF six per cent per annum.
w The Board Of Commissioners are
hereby empowered and authorized to en-
force payment or collection Of any and ali
assessments or taxes levied under the pro.
visions of this Charter. and except ne
herein otherwise provided, said Board shall
provide the procedure, means and manner
OF enforcing payment or collection OF such
assessments or taxes.
(kl When any assessment upon any lot
or part thereof or parcel OF land becomes
delinquent, any person having any valid
lien thereon may ut any time before sale
Of such lot or part thereof. or tract Of
land pay the same, aud such payment shall
ulsSharge the property from the effect of
such assessment and all accruing costs ana
10 be dsemsd SdS WarR St 81 81 PnISS 9s s tmeregter
len, whether the same be by Judgment,
decree, mortgage or otherwise; and shall
bear interest ahd be enforced ana collected
as part thereon.
(D The Board Of Commissioners shnll
have power to order or provide for the
sale OF any property for any unpaid assess
ment or tax. In case Of sale each lot or
parcel OF land shall be sold separately, and
1Or sum not less than the unpaid assess.
ment thereon, and the interest and cost OF
advertising and sale, and where there shall
De more than one bid, the land shall be
sold to the bidder offering to take the
same Tor the least amount OF penalty and
Interest. A sale of real property under the
provisions Of this Charter conveys TO the
purchaser subject to redemption, all es.
tates, interests, liens or claims therein or
thereto, OF any person or persons whom.
soever together with all rights and appur-
tennnces thereunto belonging, No lew unon
such lot or parcel Of land shall be REQUIRED
except that notice shall be posted four
weeks before such sale upon every lot or
parcel Of land when the assessment Il to
un unknown owner.
(ml All unpaid assessments for any one
improvement may be included In one ad.
Yertlsement and notice of sale
(nl The Board shall provide for the
manner OF keeping due and correct record
OF all such sales and the names of nur.
chasers ana the manner Of Issuing certifl-
! cate OF purchase and the form thereof.
(ol All sales for or to satisfy any delin.
quent assessment must be sold for lawful
money Of the United States In case any
property remain unsold upon any SALE the
pnnrd I,nr my hS s Sglln ~ tne uiscreuon OF the
4, (pl The owner, or his legal representa-
tlVes or successors In Interest, or any per-
son having a lien by judgment, decree.
mortgage OF owner OF any tax lien upon
any property so sold, may redeem the same
upon conditions provided as follows: Re-
uemptlon OF any real property sold for de-
linquent assessment may be made at any
time time within three years from the date OF
the certificate Of sale by paying to tho
offcier appointed for that purpose BY the
Board the purchase price, aud ten per cent
thereor as penalty, and interest on the pur-
chase price at the rate OF ten per cent
per annum from the date OF such eertifl.
cate. Where redemption shall be made BY
the holder Of tax lien he shall have the
right to have such redemption noted upon
t the record Of his lien. Provided. however.
that II redemption Is made within three
months from the date Of sale the penalty
to be paid shall be five per cent. Such
redemption shall discharge the property SO
sold from the effect of such sale, and II
NV, 9aaue by lien creditor, the amount paid
deemed a part Of his lien, and shall bear
IKE interest and may be enforced and col
lected as part thereof.
lq) After the expiration Of three years
/ 10 "a
chase. II no redemption shall have been
made, the Board OF Commissioners shall
execute'to the purchaser, his heirs or as.
Signs deed OF conveyance, containing a
description OF the property sold the date
OF the sale. statement Of the amount bid,
OF the improvement for which the assess.
ment was made, OF the year In which the
assessment was leyied that the assessment
or tax was unpaid at the time OF the sale
and no redemption has been made, and
such deed shall not need to contain any
further recital OF the proceedings prior to
the sale. The effect OF such deed shall be
20 convey to the grantee therin named the
legal and equitable title In fee simple to
the property In such deed described and
such deed shall be Drma facle evidence OF
tltle In such grantee and that all proceed.
lngS and acts necessary to make such deed
In all respects good and valid have been
had and done and such pAlma facle eVl.
dence shall not be disputed or overcome
or rebutted or the effect thereof avoided
except by satisfactory proof OF either
/. Fraud In making the assessment or in
the collection Of the tax.
?. Payment OF the assessment or tax be-
fore the sale, or redemption after the sale |;
or
3. That payment or redemption was pre-
vented by fraud Of the purchaser or
4. That the property was sold for an
assessment or tax for which neither said
property, nor the owner thereof, at the
time Of the sale was liable, aud that no
part Of the assessment or tax WAS nssessed
or levied upon the property sold
.. Every action. suit or proceeding which
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