§ 238.

REASSESSMENT – CIRCUMSTANCES UNDER WHICH MADE

Whenever any assessment heretofore made or issued or filed or which may be hereafter made, issued or filed pursuant to this Article or any other ordinance is or shall be void or unenforceable, for any cause, or if bonds shall have been or shall be, issued to represent or be secured by any assessments and such issuance shall not have been, or shall not be, effective through the curative provisions in relation thereto, then, in any of such events, a reassessment therefor may be issued. The true intent and meaning of this Section is to make the cost and expense of work or improvement made through an attempted compliance with this Article, payable by the real estate benefited by such work or improvement by making a reassessment therefor.

Such power of reassessing embraces both a full and a partial reassessment, and is not exhausted by a single attempted exercise thereof.

A reassessment shall be ordered by the Board of Supervisors under any one of four circumstances.

a.

Request of Holder. Where the owner or holder of any assessments, or bonds issued under this Article to represent or be secured by assessments, or the person who would own or hold any such assessment or bonds if the same were issued, requests the Supervisors to order a reassessment. In such event, if said Supervisors be of the opinion that the assessments or bonds in question are not enforceable, they shall order the making and issuing of a reassessment covering only the assessments owned or held by the petitioner, or the assessments represented or secured by the bonds owned or held by such petitioner, or which would be owned or held by petitioner if issued.

b.

Unenforceable Lien by Court Decree. Whenever any court of competent jurisdiction in any suit to foreclose the lien of any assessment or to enforce the obligation of any bond issue to represent or be secured by any assessments issued under this Article, has for any reason held such lien unenforceable, then it shall in and by its decree direct the making of a reassessment to cover the assessments involved in such suit.

c.

Voidance by Court Decree. Whenever any court of competent jurisdiction in any suit to set aside the lien of any assessment or of any bond representing any assessment, or in any suit to quiet title against the lien of any such assessment, or bond, or in any suit to enjoin the making, filing, conformation or issuance of any assessment or bond to pay for the cost and expense of any work done hereunder, shall in its judgment decree such assessments or bonds to be void, or unenforceable, or shall enjoin the making, filing or issuance of conformation of any such assessment or bond, then it shall, in and by its decree, direct the making of a reassessment to cover the assessments involved in such suit.

d.

Payment for Work Done Under Void Proceedings. Whenever any contractor or assignee of a contractor shall have done or performed any work or improvements pursuant to proceedings had and taken in attempted compliance with the provisions of this Article, and whenever prior to the issuance of any assessment, any court of competent jurisdiction in any suit to invalidate the contract or any of such proceedings shall for any reason declare said contract or other proceedings to be invalid, then such court shall, in and by its decree, direct the making of an assessment for the reasonable value of the work and improvement actually done and performed in good faith by the contractor, or such portion thereof as was of a kind that could lawfully have been ordered under the provisions of this Article.

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