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Municipal Code, Complete - City of Santa Barbara

Municipal Code, Complete - City of Santa Barbara

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10.70.1040 Validity.<br />

No step in any proceeding shall be invalidated or affected by any error or mistake or departure from the provisions<br />

<strong>of</strong> this chapter as to the <strong>of</strong>ficer or person posting or publishing or mailing, or procuring the publication or posting or<br />

mailing, <strong>of</strong> any notice, resolution, order or other matter when such notice is actually given for the time required.<br />

(Ord. 4062, 1980.)<br />

10.70.1050 Effect <strong>of</strong> Publication.<br />

No assessment, special assessment, charge, reassessment, supplemental assessment, warrant, diagram or bond, or<br />

any <strong>of</strong> their levy or issuance, and no proceedings for same, shall be held invalid by any court for any error,<br />

informality, omission, irregularity, illegality or other defect in the same, where the resolution <strong>of</strong> intention or notice <strong>of</strong><br />

improvement have been actually published as herein provided. (Ord. 4062, 1980.)<br />

10.70.1060 Dedication.<br />

No proceeding shall be held to be invalid upon the ground that the property upon which the work or improvement<br />

or part there<strong>of</strong> is to be or was done, had not been lawfully dedicated or acquired, provided the same shall have been<br />

lawfully dedicated or acquired or an order for immediate possession and use there<strong>of</strong> shall have been obtained at any<br />

time before judgment is entered in any legal action. (Ord. 4062, 1980.)<br />

10.70.1070 Reassessment.<br />

Proceedings for reassessment shall be conducted pursuant to Section 10.70.1080 under any <strong>of</strong> the circumstances<br />

and upon any <strong>of</strong> the grounds set forth in Section 1 <strong>of</strong> Ordinance No. 3282, adopted by the Council on March 19,<br />

1968, with respect to:<br />

a) Any assessment levied pursuant to this chapter; or<br />

b) Any assessment, whether it be ad valorem or fixed lien, and whether levied pursuant to state law, any city<br />

ordinance or any provision <strong>of</strong> the <strong>Santa</strong> <strong>Barbara</strong> <strong>Municipal</strong> <strong>Code</strong>. (Ord. 4062, 1980.)<br />

10.70.1080 Procedure.<br />

In any <strong>of</strong> the events set forth in Section 1 <strong>of</strong> Ordinance No. 3282, the Council shall adopt a resolution directing<br />

reassessment proceedings. Said proceedings may be total or partial and may be conducted con-currently or in<br />

combination with proceedings for changes and modifications in the acquisitions, improvements, district or<br />

proceedings, as authorized by this chapter or any other Council ordinance or the general law. Any changes and<br />

modifications in any <strong>of</strong> said matters which are not authorized in any <strong>of</strong> said ordinances or laws, and which are<br />

deemed necessary or desirable to establish or confirm the validity <strong>of</strong> the contract, project, district, proceedings,<br />

assessments or bonds, are hereby authorized.<br />

Said reassessment proceedings shall be conducted in accordance with the applicable provisions <strong>of</strong> this chapter<br />

providing for the formation <strong>of</strong> the district and the levy <strong>of</strong> the assessment except that Section 10.70.120 shall not apply<br />

unless compliance therewith is required by the provisions <strong>of</strong> the State or Federal Constitution. The report required by<br />

Section 10.70.130 shall be and constitute the report for the purpose <strong>of</strong> the reassessment proceedings, and the<br />

Resolution <strong>of</strong> Intention to undertake reassessment proceedings shall provide that the proceedings are being taken<br />

under this section.<br />

Except as in this section otherwise expressly provided, all <strong>of</strong> the provisions <strong>of</strong> Ordinance No. 3282 shall apply.<br />

(Ord. 4062, 1980.)<br />

270-15 rev. 12/31/95

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