Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-12


which notice shall state the Approximate
total cost OF the entire improvement, and
! the amount OF the assessment. proposed TO
De 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.
owner Of the property affected by such
assessment may file objections, and may
oe present at such hearing and present
sueh OBJECTIONS. The Board may. whenever
notice to be given, provided. however, that
notice by publication as aforesaid shall bS
deemed due and legal notice.
After the time specified BY said nOtice
has elapsed. the Board shall consider said
proposed assessment and acceptance and
all objections made thereto, and shall have
power at Its discretion and without fur
ther notice to consider, ascertain and de-
termine the same and the amount OF the
special and peculiar benefits accruing to
each lot o. 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 Of
J the assessment levied thereon.
(gl No assessment shall be held invalid
py reason Of failure to enter the name OF
the owner OF any lot, part thereof or par
Gel OF land so assessed or BY any mistake
In the name Of the owner or the entry OF
a name other than the name OF the owner
eeeding connected Herewith, and no delay,
, mistake, error or irregularIty in any act or
proceeding In the Improvement shall impair
or inValldate any final assessment, but the
same may be remedled by subsequent or
amended acts or proceedings.
(h) Whenever any assessment for any
Improvement npi,9's has been or may be set aside,
ment 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
the costs and expenses Of any such I'M
proyement and to. re-assess the property
benetited by such Improvement.
\ ID 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 tax levied and 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 membranes
/ whatsoever thereon, and the sum or sums
assessed for any local Improvement entered
I 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,
Z within ten days from the date Of such
! entry the same shall thereafter be deemed
delinquent, and shall bear interest at the
, rate Of TnS six per cent per annqmi
, , hereby empowered and authorized to en-
force payment or collection OF any and ali
assessments OF. taxes levied under the pro-
visions of this Charter and except ns
herein otherwise provided, said Board shall
provide the procedure, means and manner
OF enforcing payment or collection OF such
. assessments or taxes.
I (k) When any assessment upon any lot
y or part thereof or parcel Of land becomes
delinquent any person having any valid
lien thereon may at any time before sale
!. Of such lot or part thereof. or tract Of
. land pay the same, and such payment shall
discharge the property from the effect OF
r such assessment and all accrulng costs and
!. charges, II amy when so paid are thereafter
: to be deemed part or such lien, creditors
y lien, whether the same be by Judgment,
! decree, mortgage or otherwise; and shall
, bear Interest aud be enforced and collected
+ Q) The Board of Commissioners shall
n nave power TO order or provide for the
= sale OF any property for any unpaid assess
:. parcel Of land shall be sold separately and
n for sum not less than the unpaid assess
Il ment thereon, and the interest and cost OF
ii advertising ana sale, and where there shall
- be more than one bid, the land shall be
sold to the bidder offering to take the
same for the least amount Of penalty and
H. interest. sale of real property under the
VI provisions Of this Charter conveys to the
~ purchaser. subject to redemption, all es.
If tates, interests, liens or claims therein or
te Inereto' OF any person or persons, whom
tenanees thereunto belonging, No levy upon
nj such lot or parcel OF land shall be required
r. except that notice shall be posted four
- weeks before such sale upon every lot or
parcel OF land when the assessment Is to
an unknown owner.
d (Dl) All unpaid assessments for any one
Improvement may be included In one ad.
t. vertisement and notice OF sale.
Id (n) The Board shall provide for the
IL manner OF keeping due and correct record
v OF all such sales and the names of pur.
III ehasers and the manner Of Issuing certifl.
pit cate Of purchase and the form thereof.
In (ol All sales for or to satisfy any delln.
quent assessment must be sold for lawful
er money Of the United States. In case any
It. property remain unsold upon any sale. the
ne same may agaln AZ the discretion OF the
IN Board, be offered for sale.
n (pl The owner, or his legal representa-.
tlyes or successors In Interest, or any per.
ts son having lien by judgment, decree.
r. mortgage or owner of any tax lien upon
It, any property 80 sold, may redeem the same
h. upon conditions provided as follows Re,
be demptlon OF any real property sold for de-
lie linquent assessment may be made at any
time within three yenrs from the date Of
'e- the certificate Of sale by paying to the
n. Officer appointed for that purpose by the
III board the purchase price, and ten per cent
lie thereof as penalty, and Interest on the pur
e, chase price at the rate Of ten per cent
he per annum from the date Of such certifl
n cate. Where redemption shall be made bJ
d. the holder OF a tax lien he shall have tn,
or right to have such redemption noted upoL
the record Of his lien. Provided, however
N that II redemption Is made within thre,
ry months from the date. Of sale, the penalty
0y TO 1G PRld sh SnI Pc i've per cent suel
It's sofa from the effect Of such sale, and 1
lr made by lien creditor, the amount palC
OIL for the redemption shall thereafter b,
Els deemed part Of his lien, and shall bea
re- Ike Interest and may be enforced and col
on lected as part thereof.
TO (q) After the expiration OF three year
re- from the date OF such certificate Of pur
Te. chase. IL no redemption shall have beel
lot made the Board OF Commissioners shal
70 execute to the purchaser, his heirs or as
ch signs, a deed Of conveyance containing
description of the property sold the dat
lr, Of the sale. o statement Of the amount bid
ge- or the Improvement for which the assess
ed ment was made, OF the year In which tn
nd assessment was levied, that the assessmen
all or tax was unpaid at the time Of the sal
70. such deed shan not need to contain an
.ss further recital Of the proceedings prior {
mt the sale. The effect OF such deed shall b
We. to convey to the grantee therln named th
lal legal and equitable title In fee simple [
ali the property In such deed described an
mt such deed shall be prima face evidence o
,ss title In such grantee. and that all proceed
ln lngS and acts necessary to make such dee
lb. In all respects good aud valid have heel
Dyi had and done, and such pama facle evl
tai dence shall not be disputed or overcom
ie. or rebutted or the effect thereof nyolde
or except by satisfactory proof OF either.
by. 1. Fraud In making the assessment or II
ke the collection OF the tax.
OF 2. Payment OF the assessment or tax be
ib. fore the SALE or redemption after the sale
nj. or
3. That payment or redemption was pre-
ib. vented by fraud Of the purchaser or
Dp. 4. That the property was sold for n
mt assessment or tax for which neither sal
an property, nor the owner thereof. at III
iid time OF the sale was liable and that n
ms part OF the assessment or tax was assesse
aid or levied upon the property sold
"a 3. Every action snit or proceeding " hic
of may be commenced for the recovery Of Ian
no which shall have been sold for nm assess