Chapter 12 Improvements by Assessments

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I MPROVEMENTS B Y A SSESSMENTS§12-32 declaring the assessment until paid and shall have priority over all other liens except the lien of property taxes and for other public purposes. The lien of assessments levied pursuant to this chapter shall be on a parity with the lien of property taxes and liens for other public purposes. As between liens of assessments made pursuant to this chapter, the earlier lien shall be superior to the later lien. (b) No delay, mistake, error, defect, or irregularity in any act or proceeding authorized by this chapter shall prejudice or invalidate any assessment. The delay, mistake, error, defect or irregularity may be remedied by subsequent or amended acts or proceedings and, when so remedied, the same shall take effect as of the date of the original act or proceeding. (c) If in any court of competent jurisdiction any assessment made under this chapter is set aside for irregularity in the proceedings, the council may, upon notice as required in making an original assessment, make a new assessment in accordance with the provisions of this chapter. (1983 CC, c 12, art 3, sec 12-32; am 2002, ord 02-82, sec 17.)12-32 Section 12-33. Due date of payments; election to pay by installments. All assessments under this chapter shall be due and payable within thirty days after the date of the last publication of the ordinance; provided that any assessments may, at the election of the owner of the assessment unit assessed, be paid in installments with interest, as hereinafter provided. Failure to pay the whole of any assessment within the period of thirty days shall be conclusively considered and held an election on the part of all persons interested in such assessments, whether under disability or otherwise, to pay in installments. All persons so electing to pay in installments shall be conclusively considered and held to have consented to the improvement and such election shall be conclusively held and considered as a waiver of any and all right to question all power or jurisdiction of the County to make the improvement, the regularity or the sufficiency of the proceedings, or the validity or correctness of the assessment. (1983 CC, c 12, art 3, sec 12-33; am 2002, ord 02-82, sec 17.)12-33 Section 12-34. Payment of installments. (a) In case of an election to pay any assessment in installments, the assessment shall be payable in not less than five nor more than twenty annual installments of principal; provided that, in the case of improvements financed by bonds issued to secure loans from the federal government, the maximum number of annual principal installments may be increased so as to permit the repayment of the principal of such bonds over a period not to exceed thirty-five years from the date of issuance; and provided further that the council may, in its discretion, determine the date on which payment of such annual installments shall commence, which date shall be no more than three years from the thirty-first day following the last publication of the ordinance required to be enacted pursuant to section 12-29. The annual installments shall be in such amounts as determined by the council, and each annual installment may be made payable in up to twelve equal monthly or 12-25