Chapter 4. Curation And Validation of California Streets And Highways Code >> Division 11.5. >> Chapter 4.
The validity of any refunding bonds issued under this
division shall not be contested in any action, suit, or proceeding
unless the action or proceeding is brought within 30 days after the
adoption of the resolution providing for their issuance.
After the reassessment has been confirmed, it shall not be
contested in any way other than at the time and in the manner
specified in this division, and in any action, all findings,
conclusions and determinations of the legislative body which
conducted the reassessment proceedings shall be conclusive in the
absence of actual fraud.
No defect in the form of any reassessment levied pursuant to
this division and no statutory defect in any of the proceedings
relating to the reassessment and refunding shall in any way
invalidate any reassessment or any refunding bond.
No bond, reassessment, or installment thereof, or of the
interest or penalties thereon, and no certificate of sale or deed
shall be held invalid for error in the computation of the proper
amount due on it if the error be found to be comparatively negligible
or is found to be in favor of the owner of real property affected
thereby.
An action to determine the validity of a reassessment and of
any refunding bonds issued or to be issued thereon may be brought
pursuant to Chapter 9 (commencing with Section 860) of Title 10 of
Part 2 of the Code of Civil Procedure. For that purpose, the
reassessment shall be deemed to be in existence upon its
confirmation.
If any reassessment or any refunding bond is held illegal or
invalid in any action or proceeding upon any ground which would apply
to the entire reassessment or the entire issue of refunding bonds,
then the unpaid bonds refunded remain in full force and effect. If
the unpaid bonds have been canceled, the treasurer of the city which
conducted the invalid refunding or reassessment proceedings shall
issue new bonds of the same tenor, force, and effect as the canceled
unpaid bonds.
If refunding bonds are invalidated or held to be illegal, all
of the provisions of the act shall apply to the original bonds and
to any bonds issued under Section 9705 to replace the original bonds.
No action or proceeding to set aside, cancel, avoid, annul,
or correct any reassessment levied under this division, or to review
any of the proceedings, acts, or determinations made in the
proceedings for the reassessment and the issuance of refunding bonds,
or to question the validity of or enjoin the collection of the
reassessment or any of the reassessments therein, or to enjoin the
issuance of any bonds to represent reassessments, shall be maintained
by any person, nor shall any person urge, plead or prove, the
invalidity of any reassessment or any refunding bond in any action,
unless the action is commenced within 30 days from the date of
adoption of the resolution providing for the issuance of the
refunding bonds.
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