reglab/statecodes huggingface dataset:
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19 - Reassessments › Section 5502.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19 - Reassessments › Section 5503.

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.
(Amended by Stats. 1970, Ch. 1487.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19 - Reassessments › Section 5504.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19 - Reassessments › Section 5505.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19 - Reassessments › Section 5505.1.

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.
(Added by Stats. 1965, Ch. 1049.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19 - Reassessments › Section 5506.

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.
(Amended by Stats. 1963, Ch. 416.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19 - Reassessments › Section 5507.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19 - Reassessments › Section 5508.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19 - Reassessments › Section 5509.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19 - Reassessments › Section 5510.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19 - Reassessments › Section 5510.1.

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.
(Added by Stats. 1957, Ch. 221.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19 - Reassessments › Section 5511.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19.1 - Supplemental Assessment › Section 5520.

5520. In the event that the proceedings include an acquisition and it is ascertained after the filing of the original assessment, that the acquisition cost exceeds the acquisition cost as set forth in the original assessment, the legislative body may pay this deficit out of the general fund, or may order a supplemental assessment to pay the deficit.
(Added by Stats. 1961, Ch. 436.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19.1 - Supplemental Assessment › Section 5521.

5521. The supplemental assessment shall be made and collected, and notice thereof shall be given in the same manner, as nearly as may be, as in the case of the original assessment. The superintendent of streets shall prepare and file with the supplemental assessment, a diagram showing the lots or parcels of land deemed by him to have been benefited by the acquisition. The superintendent of streets shall assess upon the said several lots or parcels of land shown in said diagram, the additional acquisition cost, in proportion to the estimated benefits to be received by each of said several lots or parcels of land.
(Added by Stats. 1961, Ch. 436.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19.1 - Supplemental Assessment › Section 5522.

5522. Sections 5366, 5367, 5368, 5369, and 5372 apply to the supplemental assessment except that the objections, appeals, or protests referred to in Section 5366 are limited to the matter of the acquisition and not to the work or improvement.
(Amended by Stats. 1984, Ch. 193, Sec. 138.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19.1 - Supplemental Assessment › Section 5523.

5523. At the time of ordering a supplemental assessment, the legislative body shall have the power to determine that bonds shall be issued to represent unpaid assessments of fifty dollars ($50) or more.
(Added by Stats. 1961, Ch. 436.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19.1 - Supplemental Assessment › Section 5524.

5524. The lien of a supplemental assessment, whether bonds issue to represent the supplemental assessment or otherwise, shall be subordinate to all special assessment liens previously imposed upon the said property, but it shall have priority over all special assessment liens which may thereafter be created against the property; and from and after the date of the recording of any warrant, special assessment and diagram, all persons shall be deemed to have notice of the contents thereof.
(Added by Stats. 1961, Ch. 436.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19.1 - Supplemental Assessment › Section 5525.

5525. The city shall have the power to sell the supplemental assessment and any bonds issued to represent the unpaid supplemental assessments (if the legislative body orders the issuance of said bonds) in such manner as the legislative body directs; provided, however, that the interest rate on the bonds (if ordered to be issued) shall not exceed 6 percent per year. The city shall also have the power to hold said unpaid supplemental assessments or bonds, and enforce the lien thereof, in the same manner as a private owner. Said supplemental assessments, bonds or the proceeds of the sale thereof may be used for the repayment of advances theretofore made by the city in the matter of the acquisition.
(Added by Stats. 1961, Ch. 436.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19.2 - Additional Assessment › Section 5530.

5530. In the event that the cost and expense of the improvement work payable by the real estate benefited by such work exceeds the construction costs set forth in the contract, because of an act or omission of the legislative body or its superintendent of streets, officers, or employees occurring prior to the award of the contract which subjects the legislative body to liability pursuant to Division 3.6 (commencing with Section 810), Title 1 of the Government Code, the legislative body may settle this liability out of court, or may pay a judgment rendered by the court as to this liability, by a payment out of the General Fund or by an additional assessment.
(Added by Stats. 1965, Ch. 1887.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19.2 - Additional Assessment › Section 5531.

5531. In the event payment is to be made by an additional assessment, the additional assessment shall be made and collected, and notice thereof shall be given in the same manner, as nearly as may be, as in the case of the original assessment. The superintendent of streets shall prepare and file with the additional assessment, a diagram showing the lots or parcels of land deemed by him to have been benefited by the work. The superintendent of streets shall assess the additional assessment upon the several lots or parcels of land shown in such diagram in the proportion to the estimated benefits to be received by each of the several lots or parcels of land.
(Added by Stats. 1965, Ch. 1887.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19.2 - Additional Assessment › Section 5532.

5532. Sections 5366, 5367, 5368, 5369 and 5372 of this code shall apply to the additional assessment except that the objections, appeals or protests referred to in Section 5366 shall be limited to the matter of the cost of liability and not relate to the work, acquisition or improvement.
(Added by Stats. 1965, Ch. 1887.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 19.2 - Additional Assessment › Section 5533.

5533. The lien of an additional assessment, whether bonds issued to represent the additional assessment or otherwise, shall be subordinate to all special assessment liens previously imposed upon the property, but it shall have priority over all special assessment liens which may thereafter be created against the property; and from and after the date of the recording of any warrant, special assessment and diagram, all persons shall be deemed to have notice of the contents thereof.
(Added by Stats. 1965, Ch. 1887.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 20 - Reassessments to Relieve Owners › Section 5550.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 20 - Reassessments to Relieve Owners › Section 5551.

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.
(Amended by Stats. 1949, Ch. 1600.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 20 - Reassessments to Relieve Owners › Section 5551.5.

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.
(Added by Stats. 1971, Ch. 481.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 20 - Reassessments to Relieve Owners › Section 5552.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 20 - Reassessments to Relieve Owners › Section 5553.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 20 - Reassessments to Relieve Owners › Section 5554.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 20 - Reassessments to Relieve Owners › Section 5555.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 20 - Reassessments to Relieve Owners › Section 5556.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 20 - Reassessments to Relieve Owners › Section 5557.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 20 - Reassessments to Relieve Owners › Section 5558.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 20 - Reassessments to Relieve Owners › Section 5559.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 20 - Reassessments to Relieve Owners › Section 5560.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 20 - Reassessments to Relieve Owners › Section 5561.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 20 - Reassessments to Relieve Owners › Section 5562.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 20 - Reassessments to Relieve Owners › Section 5563.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 20 - Reassessments to Relieve Owners › Section 5564.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 20 - Reassessments to Relieve Owners › Section 5565.

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.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 21 - Miscellaneous Assessment Provisions › Section 5580.

5580. The legislative body, instead of waiting until the completion of the work may, in its discretion, and not otherwise, upon the completion of two blocks or more of any work, order the street superintendent to make an assessment for the proportionate amount of the contract completed, and thereupon proceedings and rights of collection of that assessment shall be the same as provided in this part for the making and collection of other assessments.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 21 - Miscellaneous Assessment Provisions › Section 5581.

5581. Any tenant or lessee of the lands or lots liable may pay the amount assessed against the property of which he is the tenant or lessee under the provisions of this division, or he may pay the price agreed on to be paid under the provisions of Section 5580, either before or after an action is brought, together with costs, to the contractor, or his assigns, or he may redeem the property, if sold on execution or decree for the benefit of the owner, within the time prescribed by law, and deduct the amount so paid from the rents due and to become due from him. For any sums so paid beyond the rents due from him, he shall have a lien upon and may retain possession of the land and lots until the amount so paid and advanced is satisfied, with legal interest, from accruing rents, or by payment by the owner.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 21 - Miscellaneous Assessment Provisions › Section 5584.

5584. If a county is conducting the proceedings under this division the legislative body may also purchase all or any part of the materials to be used in doing any of the work mentioned in this division and furnish the same therefor. The purchase may be made from such funds of the county as the legislative body may designate.
If the county has a purchasing agent, the materials shall be purchased by him; otherwise the materials shall be purchased by the legislative body by contract let to the lowest responsible bidder after notice calling for bids has been published at least five days in a newspaper of general circulation in the county. If the county is to furnish materials the resolution of intention shall so provide. When such provision is made, the execution of the contract for the improvements shall create a liability on the part of the county to furnish the materials provided for in the resolution.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 21 - Miscellaneous Assessment Provisions › Section 5585.1.

5585.1. In the event the city conducting the proceedings designates the county treasurer or tax collector to perform any service relating to collecting or receiving money, including but not limited to, printing, servicing and collecting any bonds, neither the treasurer nor the tax collector so designated shall perform any such service until there shall have been paid to him his estimate of the cost of service or services, provided, however, the city conducting the proceedings, in lieu of the prior payment of the estimated cost, may enter into a written agreement with the county treasurer or tax collector. Such agreement shall provide for the payment of the cost or estimated cost of any service rendered by the designated county officer.
In the event such cost or estimated cost is not included in the assessment, the city conducting the proceedings shall be liable for payment thereof from the general fund.
(Added by Stats. 1965, Ch. 777.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 22 - Maintenance of Sidewalks › ARTICLE 1 - General Provisions › Section 5600.

5600. As used in this chapter “sidewalk” includes a park or parking strip maintained in the area between the property line and the street line and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or of any such park or parking strip.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 22 - Maintenance of Sidewalks › ARTICLE 1 - General Provisions › Section 5601.

5601. This chapter shall only apply to maintenance and repair proceedings, whether upon work originally done under this division or otherwise, and shall not be used for the construction of new improvements. The “Special Assessment Investigation, Limitation and Majority Protest Act of 1931” shall not apply to proceedings taken under this chapter.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 22 - Maintenance of Sidewalks › ARTICLE 1 - General Provisions › Section 5602.

5602. This chapter constitutes a separate and alternate procedure for performing the work specified herein and, except for the provisions of Part 5 of this division, no other provisions of this division shall apply to proceedings instituted hereunder.
(Amended by Stats. 1967, Ch. 615.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 22 - Maintenance of Sidewalks › ARTICLE 2 - Repairs › Section 5610.

5610. The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 22 - Maintenance of Sidewalks › ARTICLE 2 - Repairs › Section 5611.

5611. When any portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk, the superintendent of streets shall notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair, to repair the sidewalk.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 22 - Maintenance of Sidewalks › ARTICLE 2 - Repairs › Section 5612.

5612. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 22 - Maintenance of Sidewalks › ARTICLE 2 - Repairs › Section 5613.

5613. The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked “Second Notice,” to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article, but shall not extend the time for commencing repairs specified in Section 5614.
(Amended by Stats. 1969, Ch. 211.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 22 - Maintenance of Sidewalks › ARTICLE 2 - Repairs › Section 5614.

5614. The notice shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the repair and shall further specify that if the repair is not commenced within two weeks after notice is given and diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair, and the cost of the same shall be a lien on the property.
(Amended by Stats. 1953, Ch. 798.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 22 - Maintenance of Sidewalks › ARTICLE 2 - Repairs › Section 5614.1.

5614.1. The legislative body may adopt a resolution determining that bonds shall be issued and assessments collected and enforced pursuant to Part 5 of this division. In such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually.
(Amended by Stats. 1968, Ch. 986.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 22 - Maintenance of Sidewalks › ARTICLE 2 - Repairs › Section 5615.

5615. If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held and assessment and collection procedures are conducted.
(Amended by Stats. 1963, Ch. 648.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 22 - Maintenance of Sidewalks › ARTICLE 2 - Repairs › Section 5616.

5616. Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. If bonds are to be issued, the notice shall also contain the information required by Section 5614.1.
(Amended by Stats. 1967, Ch. 615.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 22 - Maintenance of Sidewalks › ARTICLE 2 - Repairs › Section 5617.

5617. Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 22 - Maintenance of Sidewalks › ARTICLE 2 - Repairs › Section 5618.

5618. Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 22 - Maintenance of Sidewalks › ARTICLE 3 - Collection of Cost of Repair › Section 5625.

5625. The cost of the repair may be assessed by the legislative body against the parcel of property fronting upon the sidewalk upon which such repair was made, and such cost so assessed, if not paid within five days after its confirmation by the legislative body, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 22 - Maintenance of Sidewalks › ARTICLE 3 - Collection of Cost of Repair › Section 5626.

5626. The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate substantially in the following form:
NOTICE OF LIEN
Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the ____ day of ____, 19_, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls, or other works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, and the legislative body of said city (county, or city and county) did, on the ____ day of ____, 19_, by Resolution No. ____ assess the cost of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of ____ dollars ($____), and the same shall be a lien upon said real property until the said sum, with interest at the rate of ___ percent per annum, from the said ____ day of ____, 19_ (insert date of confirmation of assessment), has been paid in full and discharged of record.
The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the county of ____, State of ____, and particularly described as follows:
(Description of property)
Dated this _____ day of ____, 19___.
Superintendent of Streets
(Amended by Stats. 1986, Ch. 507, Sec. 1.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 22 - Maintenance of Sidewalks › ARTICLE 3 - Collection of Cost of Repair › Section 5627.

5627. From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitation shall not run against the right of the city to enforce the payment of the lien. If any such lien is not paid the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under this division.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 3 - PERFORMING THE WORK › CHAPTER 22 - Maintenance of Sidewalks › ARTICLE 3 - Collection of Cost of Repair › Section 5628.

5628. As an alternative method of collection of the amount of the lien, the legislative body, after confirmation of the report of the superintendent of streets, may order the notice of lien to be turned over to the assessor and the tax collector of the city, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. If city taxes are collected by the county officials, the notice of lien shall be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization.
(Added by Stats. 1941, Ch. 79.)