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


be made on each lot or parcel OF land.
describing the same, and the time when the
same Will be considered by the Board.
After the first publication OF such notice,
owner OF the property affected BY such
assessment may file objections and may
be present at such hearing and present
such objections. The Board may whenever
notice TO be given, provided, however, that
notice by publication as Aforesaid shall be-
deemed due and legal notice.
AFTER the time specified by said notice
mas elapsed. the Board shall consider said
proposed assessment and aeeeptanee and
all OOlectlons made thereto aud shall have
power at its discretion and Without fi,r.
ther notice to consider, ascertain and de-
Sea,aI SeIlnihe the same and the amount Of the
special ana peculiar benefits aecruinR 10
each lot or parcel Of land SO assessed bv
reason OF such Improvement and shaII AZ
clare the same by ordinance.
iond macG sh i9t or part thereof, or parcel OF
lanH shall be deemed to be benefited by
such Improvement to the full amount ~
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 mar
Gel OF land so assessed or by anv misfaEs
IN the name Of the owner or the entry of
y name other than the name OF the owner
ln sneh assessment, or in any act or pro-
ceedlng connected Herewith and no DELAY
mistake, error or irregularlty In any act or
proceeding In the Improvement shall lmpair
VI lnValluate any final assessment hut the
same may be remedied by subsequent or
amended acts or proceedings.
lh) Whenever any assessment for anv
llhpr0Vehent has been or may be set aside
annuled, or rendered void. or its enforce,,
ment men. refused by any court Of competent
m JuriIsalStlon. U.s. or whenever the Board may
oe IN uouDt as to the validity OF any such
assessment the Board shall have and are
nereDy granted the power to reapportion
tne costs ana expenses OF any such i'm.
proEement ana to re-assess the property
Oeheilted by such Improvement
~ From the date OF entry Of anv M
sessment In said docket OF city liens. the
sum as therein entered IL hereby decla rad
10 Ge tax levied and lien upon the lot
OF parts thereof or tract OF land therein
set forth. and said lien shall have nriorItv
over All other liens and incumbrances
whatsoever thereon, and the sum or suma
assessed Tor any local Improvement entered
upon such lien docket shall be due and
payable from the date Of such entry and
u not paid or bonded as provided by law.
within ten days from the date 81 such
entry the same shall thereafter be deemed
uet uettiuquen!, ana snail bear interest at the
rate OF SIX per cent per annum.
% The Board OF CommlssIonera ara
hereby empowered and authorized to en-
Iorce payment or collection OF any and ali
assessments ..ssta or taxes levied under the pro-
visions OF this Charter. and, except aa
herein otherwise provided, said Board shall
provide the procedure, means and manner
Oh enforcing payment or collection OF such
assessments or taxes.
(kl When any assessment upon any lot
or part thereof or parcel OF land becomes
uenhquent, any person having any valid
lleh tnetton may Mt any time before sale
oI such lot or part thereof or tract Of
IN. lnnd pay the same, and such payment shall
ulseharge the property from the effect of
such assessment and all accrulng costs ana
tn1geS II any when sO paid are thereafter
70 DC deemed part or such lien, credltor's
zen, whether the same be by Judgment,
uecree, mortgage or otherwise; and shall
as a. part thereon
~ The Board Of Commissioners shall
nave power to order or provide for the
sue OF any property for any unpaid assess
ment or tax. In case Of sale each LOT or
parcel OF land shall be sold separately. ana
Tor sum not less than the unpaid asaesa
ment thereon, and the interest and cost OF
advertising ana 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
propiislons rnVi OF this Charter conveys to the
purchaser subject to redemption, ali es.
| tntes' interests, liens or claims therein or
tneIeto' OF any person or persons whom.
soever, together WITH all rights and appur.
% %IenhhSes thereunto belonging No levy upon
such lot or parcel Of land shall be redulred
| except that notice shall be posted four
| weeks before such sale upon every LOT or
parcel of land when the assessment ia To
| an unknown owner.
| , I'M All unpaid assessments for any one
Improvement may be included In one adj.
vertisement and notice OF sale
| inl Ihe Board shall provide for the
manner OF keeping due and correch record
! OF all such sales and the names az nnr.
chasers and the manner of Issuing cerfifl.
cate OF purchase and the form thereof
| tOl All sales for or to satisfy any delln.
| queht assessment must be sold for lawful
money OF the United States. In case any
property remain unsold upon any sale. the
same may again at the discretion OF the
| Board, be offered for sale.
| , (p) The owner, or his legal representa-.
tlyes or successors In interest, or any per-
son having lien by judgment, decree.
mortgage or owner OF any tax lien upon
| any property 30 sold, may redeem the same
| upon conditions provided as follows RE-
demptlon Of any real property sold for de.
linquent Assessment may be made at any
Time within three years from the date OF
| the certificate OF sale by paying to the
0tfcler appointed for that purpose by the
Board the purchase price, and ten per cent
thereor az penalty, and Interest on the pur-
chase price at the rate OF ten per cent
per annum from the date OF such certlfl-
cate Where redemption shall be made by
the holder OF tax lien he shall have the
| IiBht 10 nave such redemption noted upon
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 IL
made by Il lien creditor. the amount paid
for the redemption shall thereafter be
deemed part Of his lien, and shall bear
IKE interest and may be enforced and col
| lected as part thereof
| CD After the expiration of three years
| from the date Of such certificate OF pur-
chhse' u no redemption shall have been
made, the Board OF Commissioners shall
execute to the purchaser, his heirs or as
signs, a deed Of conveyance, containing a
description of the property sold. the date
OF the sale. statement Of the amount bid,
| or the Improvement for which the assess
ment was made, Of the year In which the
assessment was leyled 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
| to convey to the grantee therln named the
| legal and equitable title In fee simple ia
the property In such deed described, and
| such deed shall be prima faCle evidence OF
tltle In such grantee. aud that all proceed.
lngs ana acts necessary to make such deed
| Ia all respects good and valid have been
| had aud done, aud such pAlma facle evil
dence shall not be disputed or overcome
or rebutted or the effect thereof avoided
| except by satisfactory proof Of either
l. Fraud In making the assessment or In
the collection Of the tax.
2 Payment OF the assessment or tax be-
fore the sale, or redemption after the sale
or
g. Tint payment or redemption was pre-
| vented by fraud Of the purchaser or
A. 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, and that no
| part Of the assessment or tax wns assessed
| ~ levied upon the property sold
| .. Every action. suit or proceeding which
may be commenced for the recovery OF land
which shall have been sold for an assess
| ment Or tax, or 10 quiet title OF the former
owner or his successors IN interest against
snth sale, or 10 remove the cloud thereof