SECTIONS 5580-5585.1 - California Statutes

STREETS AND HIGHWAYS CODE

SECTION 5580-5585.1

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.

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.

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.

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.