Chapter 13. Validating Proceedings of California Streets And Highways Code >> Division 11. >> Chapter 13.
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 chapter, and in any such 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, coupon, assessment, 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 be 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 such 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 under which the original bonds were
issued shall apply to the original bonds and to any bonds issued
under Section 9479 to replace such 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 such action shall have been commenced within the time provided
for by Chapter 9 of Title 10 of Part 2 of the Code of Civil
Procedure.