SECTIONS 53195-53199 - California Statutes

GOVERNMENT CODE

SECTION 53195-53199

53195. The local agency may obtain funds from any source authorized
by law to pay for the work described in the resolution of intention
adopted pursuant to Section 53181, and may solicit bids, award
construction contracts, or perform the work itself, in any manner
authorized by law.

53196. The legislative body shall, by resolution, determine the
rate of and shall levy the contingent assessment as specified in the
resolution of intention adopted pursuant to Section 53181. The
legislative body shall levy and collect the noncontingent assessment
or special tax in the manner set out in the financing act.

53196.5. The local agency may do all of the following:
(a) Prescribe procedures for determining and notifying landowners
when the contingent assessment is due and payable and for collecting
the assessment.
(b) Prescribe a penalty for nonpayment of the contingent
assessment within the time and in the manner specified.
(c) Provide for an additional penalty not to exceed 2 percent per
month for nonpayment of the contingent assessment and the penalty.
(d) Provide for collection of those penalties.

53197. (a) The legislative body may request the county in which the
district is located to collect the contingent assessment on behalf
of the district. If the assessment is collected by the county, the
county may deduct its reasonable costs incurred for that service
before remitting the balance to the district.
(b) The legislative body of each local agency which enters into a
reimbursement agreement pursuant to this chapter shall create a
district reimbursement fund. All revenue collected within the
district pursuant to this chapter, including penalties, shall be
deposited in the fund and disbursed, as provided by the legislative
body, subject to the terms of any reimbursement agreement.

53197.5. The local agency may bring an action in any court of
competent jurisdiction against the owners of any property to collect
delinquent contingent assessments and penalties.

53198. Any contingent assessments including any penalties, when
recorded in accordance with Division 4.5 (commencing with Section
3100) of the Streets and Highways Code, shall constitute a lien upon
the real property, except that no lien shall be created against any
publicly owned property, and the lien shall continue until the charge
and all penalties are fully paid or the property is sold to satisfy
the lien. The lien shall have the same force, effect, priority, and
duration as would a delinquent lien under the particular financing
act utilized.

53198.5. As a separate, distinct, and cumulative remedy established
for the collection of the contingent assessment and any penalties,
an action may be brought in the name of the local agency in any court
of competent jurisdiction to enforce the lien provided pursuant to
Section 53198. The court shall include an award of reasonable
attorney's fees to the prevailing party in the action.

53199. Remedies for collecting and enforcing the contingent
assessments and penalties are cumulative and may be pursued
alternatively, or consecutively, as determined by the legislative
body. If any one of the remedies is or may be invalid, all valid
remedies shall remain effective until the contingent assessments and
penalties have been fully collected and the terms of any
reimbursement agreement have been satisfied. The costs of collection
and enforcement of the remedies for the collection of the contingent
assessments and penalties may be paid from the proceeds collected
from the contingent assessments and penalties if the legislative body
so provides, and if that payment does not violate the terms of any
reimbursement agreement.