5625-5630
STREETS AND HIGHWAYS CODE
SECTION 5625-5630
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.
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
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.
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.
5628.1. The legislative body shall have the power, in its
discretion, to determine that the payment of assessments of one
hundred dollars ($100) or more may be made in annual installments,
not to exceed five, and that the payment of assessments so deferred
shall bear interest on the unpaid balance at a rate to be determined
by the legislative body, not to exceed the rate permitted for bonds
by Section 53531 of the Government Code. Interest shall begin to run
on the 31st day after the confirmation of the assessments by the
legislative body. Determinations of the legislative body shall be
expressed by resolution at any time prior to the confirmation of the
assessments.
5629. Thereafter the amount of the lien shall be collected at the
same time and in the same manner as ordinary city taxes are
collected, and shall be subject to the same penalties and interest
and to the same procedure under foreclosure and sale in case of
delinquency as provided for ordinary city taxes. All laws applicable
to the levy, collection and enforcement of city taxes and county
taxes are hereby made applicable to such special assessment taxes.
5629.1. If bonds are to be issued to represent the security of the
unpaid assessments, upon confirmation of the report by the
legislative body the superintendent of streets shall give notice to
pay by mail and by publication substantially in the manner provided
by Sections 4320 and 4321 of this code. The period for payment in
cash stated therein shall be 30 days following the date of
confirmation of the report. Upon completion of the cash payment
period, the superintendent of streets shall file with the county
recorder a certificate substantially in the form set out in Section
5626, giving notice therein that interest is payable at a rate to be
fixed upon the sale of bonds, which rate shall not exceed the rate
permitted for bonds by Section 53531 of the Government Code, and
shall begin to run on the 31st day after the confirmation of the
report. Thereafter the provisions of Part 5 (commencing with Section
6400) shall be applicable and payments on assessments at bond shall
be made as therein provided. The bonds may be issued and sold as the
legislative body directs and may be dated at any time after the
expiration of the cash payment period.
5630. Whenever the property fronting on a sidewalk required to be
maintained and repaired pursuant to the provisions of this chapter
lies within one city or unincorporated territory of a county, and the
sidewalk required to be so maintained and repaired lies within
another city or unincorporated territory of a county, the
superintendent of streets of the city or county having jurisdiction
over the sidewalk shall have full authority to serve notices to
repair and do all work contemplated by Articles 2 and 3 of this
chapter, notwithstanding the fact that the property fronting on the
sidewalk lies within another city or unincorporated territory of a
county. The legislative body of the city or county within which the
sidewalk has been repaired pursuant to the provisions of this chapter
shall have jurisdiction to levy an assessment to pay the cost of any
such sidewalk repairs against the parcel of property fronting on
said sidewalk, notwithstanding the fact that said property lies
within another city or unincorporated territory of a county and said
assessment shall be a lien on said property for the amount thereof
until the assessment and all interest thereon is paid or until it is
discharged of record.
The provisions of Sections 5628 and 5629 of this code shall be
applicable to the collection and enforcement of all liens levied
pursuant to the provisions of this section and the amount so
collected shall be paid to the treasurer of the city or county as the
case may be which conducted the proceedings.