6440-6449

STREETS AND HIGHWAYS CODE
SECTION 6440-6449




6440.  After the street superintendent files his list of unpaid
assessments with the treasurer, the principal of each unpaid
assessment shall thereafter become due and payable to the treasurer
in equal annual payments on each October 15th succeeding the
September 1st following the date of the bonds until fully paid. The
number of annual payments shall correspond to the number of serial
payments to be made on the principal of the bonds issued to represent
the unpaid assessment.



6441.  The first interest payment on the unpaid assessment shall be
payable to the treasurer on the April 15th next succeeding the March
1st or the October 15th next succeeding the September 1st, as the
case may be, next following the date of the bonds. The following
interest payments shall each be for six months interest and shall be
payable to the treasurer on each fifteenth day of April and October,
the last interest payment coming due the October 15th immediately
preceding the last annual payment of the principal of the bonds
issued to represent the unpaid assessment.



6441.1.  If a remittance to cover a payment of interest or interest
and principal to be made to the treasurer prior to a certain date and
hour or prior to a certain date before being delinquent is sent
through the United States mail, properly addressed with postage
prepaid, and the cancellation mark is placed on the evelope after it
is deposited in the mail:
   (a) Where the cancellation mark shows both date and time, the
remittance shall be deemed received on the date shown by the
cancellation mark and by the time specified by law for that date.
   (b) Where the cancellation mark shows only the date, the
remittance shall be deemed received within the time and date
specified when the cancellation mark bears a date on or before which
payment is required.
   The treasurer need not accept such a payment if it is received
more than 10 days after the date and time set by law for the payment.
This section shall not apply if the letter containing the payment
was incorrectly addressed.



6442.  If any installment of the principal of the unpaid assessment
or of interest thereon is not paid to the treasurer on or before the
due date of June 1st or December 1st, as the case may be, next
preceding the date upon which the coupons representing it are payable
to the bondholder, the treasurer shall, after the close of business
on the due date, add to the principal or interest so delinquent a
penalty of 2 percent of the total amount of such delinquency, and at
the beginning of the business on the first day of each succeeding
month until such delinquent payment and all penalties thereon are
fully paid, he shall add an additional penalty of 2 percent of the
amount of such delinquency. The treasurer shall collect such
penalties with and as a part of the delinquent payment. Except as
hereinafter provided, the 2-percent penalty first imposed and all
subsequent penalties shall be paid to the holder of the bond along
with and as a part of such defaulted payment. The legislative body
conducting the proceedings may elect, in the resolution of intention,
to have the treasurer retain the first 2-percent penalty as a cost
of servicing the delinquency. In such case, the following sentence
shall be substituted for the last sentence of the default clause in
the bond form, as set forth in Section 6460: "The 2-percent penalty
first imposed shall be retained by the treasurer as a cost of
servicing the delinquency and all subsequent penalties shall be paid
to the holder of the bond along with and as a part of such defaulted
payment."



6443.  At least 15 days before each respective 15th day of April and
October, until the assessment is paid in full, the treasurer shall
mail, postage prepaid, to each owner of property described in the
assessment, at his last known address, as appears upon the tax rolls
current at the time of mailing, a postal card notifying him of the
amount due and the date when payment is due from him on the
assessment and statng that the payment is subject to penalty if not
paid on or prior to the due date. The failure of the treasurer to
mail the card, or the failure of the property owner to receive it,
shall not affect the validity of any penalty or invalidate any act or
proceeding. The card shall contain the following in at least
14-point boldface type:
   If you do not pay this bill, at the request of the bondholder,
your property will be sold by the treasurer.
   This bill is not related in any way to your property tax bill. It
must be paid separately.


6444.  The treasurer may accept payments of installments of interest
unaccompanied by payments of installments of principal which are
due. The acceptance of such interest payments shall not effect the
delinquent status of any installments of principal.




6445.  The treasurer shall, in addition to his other duties, keep a
record of all bonds issued by him, of all payments on the bonds with
the dates thereof and of all penalties accruing thereon.



6446.  The assessment shall be a lien upon the property affected
thereby, with priority as fixed in Section 5373, until the bond
issued to represent the assessment and which it is hereby declared
does represent the assessement, and the accrued interest thereon and
the penalties, if any, shall be fully paid according to the terms
thereof, but which lien shall in no event continue beyond four years
after the date of the last principal coupon attached thereto, and for
the purposes of Section 330 of the Code of Civil Procedure and
Section 2911 of the Civil Code said date shall be deemed the "due
date" of the last principal coupon attached to said bonds.




6447.  The owner of or any person interested in any lot or parcel of
land upon which a bond has been issued under the terms of this
division may at any time before commencement of proceedings for sale
pay off the bond and discharge the land described in the bond from
the lien of the assessment. The discharge may be had by paying to the
treasurer, for the holder of the bond, the following sums: (a) the
unpaid principal sum thereof; (b) if the interest thereon has already
been paid to the next succeeding January 2 or July 2, as the case
may be, no interest will be payable; (c) if the interest to the next
succeeding January 2 or July 2 has not been paid, then the interest
to that January 2 or July 2, as the case may be, shall be payable;
(d) all penalties accrued and unpaid; and (e) premium, if any,
required by Section 6464. For the purpose of this section, a bond
shall be deemed to be issued on the 31st day after the recordation of
the warrant upon any unpaid assessment for which the legislative
body has provided for the issuance of a bond to represent said unpaid
assessment or the last date for payment of the assessment, as
specified in the statement required by Section 5390, whichever may be
later.



6448.  When all payments on a bond are made to the treasurer, he
shall enter the same in his record of the bond and the lien of the
assessment shall cease.
   The treasurer shall forthwith notify the holder of the bond and
call in the bond. When the bond has been presented and paid the
treasurer shall enter in his record thereof the amount paid and the
date of payment to the holder and shall cancel the bond and file it
in his office.



6449.  Whenever a school district acquires property subject to a
bond or bonds issued under the terms of this division for unpaid
assessments against said property, the district may include in its
annual tax levy, in addition to moneys for all other purposes, an
amount sufficient to pay the annual payments of principal and
interest due on said bond or bonds. Said tax levy may be made
notwithstanding that the said tax levy exceeds the maximum tax rate
which may otherwise be imposed by law. No school district shall levy
the tax authorized by this section for a period in excess of five
years with respect to a particular parcel of property.