5390-5397

STREETS AND HIGHWAYS CODE
SECTION 5390-5397




5390.  The warrant, after its delivery to the contractor or his
assigns, shall be and constitute full authority to the contractor,
his agents or assigns, to collect the assessments.
   At least 30 days prior to filing the written statement of all
payments received upon the assessment, the contractor, his agents or
assigns, shall mail a statement to each owner of real property within
the assessment district as shown on the list delivered pursuant to
Section 5372.5. The statement shall specify a last date for payment
of the assessment, which shall be not less than 30 days from the date
of mailing. The statements shall contain a designation of property
assessed by the assessment or parcel number shown on the recorded
assessment, by street number, or some other description sufficient to
enable the property owner to identify the property, a statement of
the amount of the assessment, and the place of payment, the effect of
failure to pay within such time and that, if bonds are to be issued,
a statement of that fact, designating the provisions of law pursuant
to which the bonds are to be issued. Upon completion of the mailing
of the statements, the contractor or his assigns shall file with the
superintendent of streets an affidavit setting forth the date and
manner of compliance with the requirements of this section.
   On or before the last date for payment specified in the notice,
assessments may be paid in whole or in part. No payments shall be
received upon the assessment by the contractor, or his agents or
assigns, without delivering receipts therefor.



5391.  After 30 days after the date of mailing by the contractor or
his assigns of the statement to the property owners pursuant to
Section 5390, the contractor, or his assigns, shall sign and file in
the office of the superintendent of streets a written statement of
all payments received upon the assessment. Thereupon, the
superintendent of streets shall file the statement so made with the
record of the warrant and assessment by attaching it in the
assessment book immediately following the record of the assessment.
If under the proceedings being taken bonds are to be issued to
represent unpaid assessments, no further payments of assessments can
be accepted by the contractor or his assigns after filing said
statement, as to any assessment which is to be represented by a bond.
When payments are made to the superintendent of streets pursuant to
Section 5396 of this division, it shall not be necessary for the
contractor or his assigns to file said written statement of payments
received.



5392.  The superintendent of streets shall, at any time, receive the
amount due upon any assessment and warrant heretofore or hereafter
issued by him and give a good and sufficient discharge therefor,
except that after the last date for payment of assessments, as
specified in the statement provided by Section 5390, the
superintendent of streets shall not receive any amount due upon any
unpaid assessments for which the legislative body has provided for
the issuance of bonds to represent said unpaid assessments. The
legislative body may prescribe by ordinance that the duties imposed
by this section on the superintendent of streets shall be performed
only by the treasurer.



5393.  When suit has been brought to collect the amount due upon any
assessment, the plaintiff shall file with the superintendent of
streets a written notice of the pendency of the action showing the
particular assessments affected by the action. After the filing of
the notice, the superintendent of streets shall not receive any money
on account of the assessment, and he shall have no authority to
cancel the assessment or give any discharge thereof without the
written consent of the owner of the assessment until judgment has
been rendered in the action or the same has been dismissed and the
street superintendent shall omit from the list of properties provided
to be sent to the tax collector, any property upon which the
assessment described in the notice is a lien.



5394.  If any warrant is lost, upon proof of such loss a duplicate
can be issued upon which collections may be made with the same effect
as on the original.


5395.  After the filing of the written statement of all payments
received upon the assessment, all amounts remaining due on any
assessment, except those assessments for which bonds have been issued
or are to be issued, shall draw interest at the rate of 1 percent
per month until paid, the interest to be computed from the 31st day
after the recordation of the warrant.



5396.  Notwithstanding any other provisions of this division, the
legislative body may, by ordinance, provide that all payments made
upon any assessment and warrant within 30 days from the recordation
thereof, shall be made to the superintendent of streets, who shall
mail a statement to each owner of real property within the assessment
district whose name appears on the last equalized assessment roll,
at the address appearing on said roll or on file in the office of the
clerk, or to both such addresses, if they are not the same. The
statement shall contain a designation of the property assessed by
street number, or some other description sufficient to enable the
property owner to identify the property, statement of the amount of
the assessment, and the time and place of payment, the effect of
failure to pay within such time and that, if bonds are to be issued,
a statement of that fact, designating the provisions of law pursuant
to which such bonds are to be issued.
   The legislative body may further provide by said ordinance that
the superintendent of streets shall receive partial payments upon any
assessment and that notice thereof be given to property owners by
the statement.


5397.  If the superintendent of streets is authorized by ordinance
to collect the assessments, the ordinance shall also provide that the
superintendent of streets shall furnish to the contractor or his
assigns a good and sufficient surety bond conditioned upon the full
and prompt payment by the superintendent of streets to the contractor
or his assigns of all assessments so collected by him. The bond
shall be in an amount not less than 10 percent of the total amount of
the assessment shown on the assessment roll if such total amount
does not exceed two hundred fifty thousand dollars ($250,000) and
shall be in the amount of twenty-five thousand dollars ($25,000) if
the total amount of the assessments shown on the assessment roll
exceeds the sum of two hundred fifty thousand dollars ($250,000). The
premium on the bond shall be payable as a part of the incidental
expenses of the proceeding.
   As an alternative the legislative body, in its discretion, may
provide in such ordinance that a blanket surety bond shall be
maintained on file in the office of the city clerk, conditioned as
above, in amounts herein provided. Such blanket bond shall cover and
protect all contractors and their assigns holding warrants for
assessments which the superintendent of streets is authorized to
collect. The premium on such blanket bond may be prorated to the
several special assessment proceedings as a part of the incidental
expenses of such proceedings.
   As a further alternative, the legislative body, in its discretion,
may provide in such ordinance that the official bond of the
superintendent of streets shall guarantee the full and prompt payment
by the superintendent of streets to the contractor or his assigns of
all assessments collected by him.