Article 19. Validating Proceedings of California Government Code >> Division 1. >> Title 6. >> Chapter 5. >> Article 19.
Unless commenced within 60 days after the confirmation of
the reassessment, a person shall not maintain any action or
proceeding to cancel, annul, or correct the reassessment, to review
any of the acts or determinations made in the proceedings, to
question the validity or enjoin the collection of the reassessment or
any reassessment of a reassessment made pursuant to this chapter, or
to enjoin the issuance of any new bonds to represent them.
Thereafter all persons are barred from any such action or proceeding
or any defense of the invalidity of the reassessment or any bonds
issued on the reassessment.
An action to determine the validity of the reassessment may
be brought pursuant to Chapter 9 (commencing with Section 860) of
Title 10 of Part 2 of the Code of Civil Procedure. For such purpose a
reassessment shall be deemed to be in existence upon its
confirmation.
In such validation action all findings, conclusions, and
determinations of the legislative body which conducted the
proceedings are conclusive in the absence of actual fraud.
If any reassessment or any refunding bond is held invalid in
any action or proceedings upon any ground which would apply to the
entire reassessment or entire issue of new bonds, the unpaid original
bonds refunded remain in full force and effect and if they have been
canceled, the treasurer of the local agency which conducted the
invalid proceeding shall issue other bonds in the same tenor, force,
and effect as the canceled bonds. The act under which the original
bonds were issued relative to the payment of such bonds and the levy,
collection, and enforcement of taxes or special assessment taxes for
such bonds apply to the unpaid original bonds and to the other bonds
issued to replace them.
A reassessment of a reassessment made pursuant to this
chapter may be ordered and made under this chapter for the reasons
and purposes, and when made have the force and effect of
reassessments made pursuant to:
(a) The Improvement Act of 1911, when the new bonds were issued
pursuant to Bond Plan A.
(b) The Improvement Bond Act of 1915 when the new bonds were
issued pursuant to Bond Plan B.
(c) The Refunding Assessment Bond Act of 1935 when the new bonds
were issued pursuant to Bond Plan C.