The San Francisco Call. Newspaper, April 8, 1898, Page 15

CHARTER FOR THE CITY AND COUNTY OF SAN FRANCISCO. 15 mare than one-half of the superficial area of the district, may make written objeclions to the same within ten days after the expiration of the time of the publication of said resolution of inten- tiva, which objections shall be delivered 10 the Secretary of the Board of Public Works, who shall endorse thereon the date of its reception by him. Such ob- jections shall be a bar for six months O any further proceedings in relation to the doing of sald work or making said improvement, unless the owners of -halt or more of the frontage or trict, as aforesaid, shall petition for the same to be done, and th me shall, after the ex- ix months, be contin- Ued under resolution of intention {irst passed if said Board shall deem proper. owever, the owners of at least two-tk of the property front- {ng on sald posed work or improve- ment, and, in the case of a district, ng at least two-thirds of the a of the district, shall written objections to the 1in sald six months, no fur- edings shall be taken under ikd resolution of intention. to be done is the construction of manholes, culverts and the objections thereto are by the ewners of a madiority of itage or of the district as afore- b Board shall, at {ts next meet- fix a time for hearing said objec- not 1 than one week there- The Secretary shall thereupon v the persons making such objec- s, by depositing a notice thereof in Post Office at the City and County, prepaid, and addressed to each ctor or his agent when he appears uch objector. At the time speci- 1 shall hear the objections 4SS upon the same, and its shall be final and conclusive; id objections are overruled the hall be continued as tions had been made. s hereinafter provid- s of lots of land liable to sment therein, who, after the first on of the aforesaid resolution may feel aggrieved, or > objections to any pro- n to the performance . cribed in said resolu- v file with the Secretary a pe- rance, wherein they e in what respect they feel ed, or the proceedings to which Such petition or remon- all be passed upon by the i d: on thereon shall al and conclusive. 5. When the contemplated work 1t in the opinion of the ‘Works is of more than v public benefit, it may » the Supervisors that the ich work or improvement upon a district, all in its res- et out the district work or improvement ed to pay the expense >tions to the extent and ries of the district of lands to benefited by s ork or improve- T y be made by any interested g, within ten days af- the explration of the time of pub- lication of the resolution of intention. The Secretary of the Board shall lay sald ebjections before it and the Board ext meeting, fix a time 1id objections not less J eafter. The Secre- hall thereupon notify the persons making such objections by depositing \ notice thereof the Post Office at the and County, postage prepaid, ad- >d to each objector. At the time d the B all hear the ob- fons urged and pass upon the same, and if said objections are overruled, its decision shall be final and conclusive 1- m, the extent and boundaries of the istrict. If the objections are sustained, Board shall proc the to set out another district to the extent and boundaries of which objections may be made and g had thereon as above pro- d so on in like manner until ct has been set out to the ex- and boundaries of which all ob- ruled by the Board t behalf to be final d thereupon the pro- and conclusiv ceedings shall continue the same as if 10 objections had been made. In its report to the Supervisors the Board shall accompany its report with a dia- gram on which shall be delineated each land, area in square feet of each of such separate lot, piece or parcel of the relative location of the same to the work or rovement proposed to be done within the limits of the district. ach diagram shall be certified to be corfct by the Secretary of the Board. n the work under any 't shall have been completed, the ractor shall make and file in the » of the Board of Public Works a avit to the effect that he has n d into any private agree-| al or written, with any per- e to be assessed for said work, any one on his behalf, to ac- ice from him less than the med in said contract, or > any rebate or deduction to him 1 such price. Any such agreement 1 be deemed a fraud upon all per- s liable to be as ed for such vork other than the property owners who W : parties to the agreement, and ke vold, as to such persons so ment made for ch contras ; and the ch contractor shall make such affi- da Sec. 7. When any work in or upon any public street shall have been com- pleted according to contract, and the affidavit mentioned in the next preced- ing on shall have been made, the Board shall make an assessment to that may be assessed to, property owned by the City and County or by any department thereof. ¢. Of all work done in front of, or that may be assessed to, property owned by the United States. Second.—The expense of all sewers, cesspools, manholes, culverts and drains, and of all grading, planking, macadamizing, paving, piling and cap- ping any street, or portion thereof, and of all curbs thereon, and of all work done on sidewalks, shall be assessed upon the lands within the block or blocks adjacent thereto as herein pro- vided, except where by an assessment district it may be provided otherwise. Third.—The expense of all work on such portion of any street required by | law to be kept in order by any person, company, or corporation, having rail- road tracks thereon, shall be borne and paid for by such person, company or corporation, and shall be included In the assessment hereinbefore provided for. e work or improvement pro- | before the making of | pleces or parcels of land, and the to | is more than one contractor | any property, which, together with all | assessments for street improvements | that may have been levied upon the same property during the year next preceding, will amount to a sum great- | er than fifty per centum of the value ‘at which said property was assessed | upon the last preceding Assessment Book of the City and County. Sec. 9. Subdivision One — Except where the expense incurred for the street work and improvement author- ized herein is to be assessed upon a district as herelnafter provided, such expense, other than that to be paid by a person, company or corporation | having tracks on the street where such ’work and improvement has been done, shall be assessed upon the lots and | lands fronting thereon, except as here- | inafter specifically provided; each lot | or portion of a lot being separately as- sessed in proportion to the frontage at | a rate per front foot sufficient to cover the total expense of the work. Subdivision Two—The expense of all improvement except such as is done by contractors under the provisions of sec- tion sixteen of this Chapter, until the streets, avenues, street crossings, lanes, alleys, places, or courts are finally ac- | cepted, as provided in section twenty- three of this Chapter, shall be assessed upon the lots and lands as provided in this section according to the nature and character of the work. Subdivision Three—The expense of the work done on main street cross- ings shall be a sed at a uniform rate per front foot on the quarter blocks and irregular blocks adjoimng{ | and cornering upon the crossings, and separately upon the whole of each lot or portion of a lot having any front- age in the said blocks fronting on said main streets, half way to the next main street crossing, and all the way on | said blocks to a boundary line of the city where no such crossing intervenes, but only according to its frontage in said quarter blocks and irregular blocks. Subdivision Four—Where a main street terminates in another main street, the expense of the work done on one-half of the width of the street opposite the termination shall be as- sessed upon the lots in each of the two quarter blocks adjoining and corner- | ing on the same, according to the front- age of such lots on said main street, and the expense of the other half of the width of said street upon the lot or lots fronting on the latter half of the street | at such termination. | Subdivision Five—Where any alley }or subdivision street crosses a main street, the expense of all work done on said crossing shall be assessed on all lots or portions of lots half way on said alley or subdivision street to the next crossing or intarsection, or to the end of such alley or subdivision street if it does not meet another. Subdivision#8ix—The expense of work done on alley or subdivision street srossings shall be assessed upon the lots fronting upon such alley or subdi- vision streets on each side thereof. in all directions, half way to the next street, place, or court, on either side, respectively, or to the end of such al- ley or subdivision street, if it does not | meet another. Subdivision Seven—Where a subdivis- jon street, avenue, lane, alley, place, or court, terminates in another expense of the work done on one-half the width of the subdivision avenue, alley, place, or court opposite the termination, shall be assessed upon | the lot or lots fronting on such subdi- vision street or avenue, lane, alley, place, or court so terminating, accord ing to its frontage thereon, half-way on each side, respectively, to the next avenue, lane, alley, court, or | street, | Jane, alley, place, or court, if it does | not meet another, and the other one- half of the width upon the lots fronting | such termination. | Subdivision Eight—Where any work | mentioned in this Chapter, manholes, cesspools, culverts, crosswalks, piling and capping excepted, is done on either | or both sides of the center line of any street for one block or less, and fur- her work opposite to the work of the same class already done is ordered to be done to complete the unimproved portion of said street, the assessment to cover the total expense of said work so ordered shall be made upon the lots | or portions of the lots only fronting the | portions of the work so ordered. When | sewering or resewering is ordered to | be done under the sidewalk or only on | one side of a street for any length thereof, the assessment for its expense | shall be made only upon the lots and | lands fronting nearest upon that side, and for intervening intersections only upon the two quarter blocks adjoining and cornering upon that side. | Subdivision Nine— Any owner or | owners of lots or lands fronting upon | any street, the width and grade of No assessment shall be levied upon | street, | | avenue, lane, alley, place, or court, the | street, | place, or the end of such street, avenue, | cover the sum due for the work per-| which have been established by the formed and specified in said contract | gupervisors, may perform at his or (including all incidental expenses), in| their own expense (after obtaining per- conformity with the provisions of this | miesion from the Boardof Public Works Article, according to the nature and| g, to do, but before said Board has character of the work. The assessment | pagsaq its resolutlon of intention to shall briefly refer to the contract, the | recommend grading inclusive of this) work contracted for and performed, | any grading upon said street, to its and shall ehow the amount to be paid refor, together with any incidental :nses, e rate per front foot as- ex sessed, the amount of each assessment, the name of the owner of each lot (if own to the Board, and if not known, » word “unknown’” shall be written opposite the number of the lot and the unt assessed thereon); the number f each lot assessed, and shall have at- tached thereto a diagram exhibiting the street or street crossing on which the work has been done, and showing the relative location of each distinct lot to the work done, numbered to cor- respond with the numbers in the as- sessment, and showing the number of front feet assessed for sald work. A mistake in the name of the owner shall not invalidate any assessment. When the expense of such work falls In part upon any person, company or corporation having railroad tracks upon the street where such work has been done, sald assessment shall in- clude an assessment against sald per- gon, company or corporation, for its legal proportion of said expense, and the same shall consti.ute a lien upon the road-bed, rolling stock, franchises ufd other property of such person, company or corporation, for a period of two years from the date of record- Ing the rant, assessment and dia- gram herelnafter provided for. Sec. 8. The expense of all work or !mprovement done upon any part of sald streets, lanes, alleys, places or courts, under the order of the Super- visors, shall be borne and paid for as follows: First.—The City and County shall pay out of the General Fund the expense: a. Of all work done on streets, cross- ings and intersections of streets that have been or may be accepted by the City and County, after the acceptance of the same, and all repairs and im- provements deemed of urgent necessity that may be made upon the public streets and highways. Of all work done in front of, or full width, or to the centre line thereof, and to its grade as then established, | and thereupon may procure, at his or | their own expense, a certificate from he City Engineer setting forth the | number of cubic vards of cutting and filling made by him or them in said grading, and the proportions performed by each owner, and that the same is done to the established width and grade of sald street, or to the centre line there8f, and thereafter may fille said certificate in the office of the Board. Said certificate shall be recorded in a properly indexed book kept for that purpose in the office of the Board. ‘Whenever thereafter the Supervisors order the grading of said street, or any portion thereof, on which any grading certified as aforesaid has been done, the bids and contract must express the price by the cuble yard for cutting and filling in grading, and such owner or owners, and his or their successors in interest, shall be entitled tocreditonthe assessment upon his or their lots and lands fronting on sald street for grad- ing thereof, to the amount of the cu- bic yards of cutting and filling set forth in his or their said certificate, at the prices named in the contract for said cutting and filling; or, If the grade meanwhile has been legally changed, only for so much of said certifled work as would be required for grading to the grade as changed. Such owner or owners shall not be entitled to any credit that may be in excess of the as- sessments for grading upon the lots and land owned by him or them, and proportionately assessed for the whole of said ng. The Board shall in- clude in the assessment for the whole of said grading upon the same grade the number of cuble yards of cutting and filling set forth in any and all cer- tificates o recorded in his office, or for the whole of sald grading to the changed grade so much of sald certi- fled work as would be required for grading thereto, and shall enter corre- sponding credits, deducting the same as payments upon theamountsassessed against the lots and lands owned re- spectively by said certified owners and their successors in interest; but he shall not include any grading quanti- ties or credit any sums in excess of the proportionate assessments for the whole of the grading which are made upon any lots and lands fronting upon | said street and belonging to any such certified owners or thelr successors in Interest. When any owner or owners of any lots and lands fronting on any street shall have heretofore done, or shall hereafter do any work, except | erading, on such street, in front of any | block, at his or their own expense, and the Supervisors shall subsequently or- der any work to be done of the same class in front of the same block, the work so done at the expense of such | owner or owners shall be éxcepted | from the order ordering work to be done, as provided in subdivision ten of ' this section; but the work so done at the expense of such owner or owners | shall be upon the o¢fficial grade, and in | condition satisfactory to the Board of | Public Works at the time sald order is | passed. | . Subdivision Ten—The Board of Pub- | lic Works may include in the resolu- | tion of intention any of the different | Kinds of work mentioned in thig Chap- | ter, and it may except therefrom any | of said work already done upon the street to the officlal grade. The lots and portions of lots fronting upon said accepted work already done shall not be included in the frontage assessment for the class of work from which the exception is made; but this shall not be construed so as to affect the special provisions as to grading contalned in subdivision nine of this section. Subdivision Eleven—When the reso- lution of intention declares that the expense of the work and improvement is to be assessed upon a district, im- mediately after the contractor has ful- fillled his contract to the satisfaction of the Board of Public Works, or to the satisfaction of the Supervisors on appeal, the Board of Public Works shall proceed to estimate upon the lands, lots, or portions of lots within said assessment district, as shown by | the diagram provided for in sectionfive 1of this Chapter, the benefits arising from such work, and to be received by each such lot, portion of such lot, piece or subdivision of land, and shall thereupon assess upon and against said lands in sald assessment | district the total amount of the ex- | pense of such proposed work, and in | so doing shall assess sald total sum upon the several pleces, parcels, lots, or portions of lots, and subdivisions of land in said district benefited thereby, to wit: TUpon each respectively in proportion to the estimated benefits to be received by each of said several lots, portions of lots, or subdivisions of land. In other respects the assessment shall be as provided in this Chapter. Sec. 10. If at any time there shall be any street work or improvement done, and none of the methods hereinbefore | provided are legally sufficient to au- | thorize the Board of Public Works to make an assessment to pay for the ex- | pense thereof, then said Board shall, before it passes a resolution of its in- tention to recommend the ordering of | sald work or improvement, establish | by resolution a method by means of | which such assessment shall be made; | and on the completion of the work or | improvement to the satisfaction of said | Board, or to the satisfaction of the | Supervisors on appeal, said Board shall make an assessment to pay the ex- | pense thereof according to the méthod | established by said resolution. | Sec. 11. In making all assessments | the Board of Public Works shall act as a Board, and the assessment shall be authenticated by the signatures of all the members thereof. Sec. 12. To said assessment shall be attached a warrant which shall be signed by the President of the Board of Public Works and countersigned by the Secretary thereof. Said warrant shall be substantially in the following | form: |, By virtue hereof the Board of Pub- San Francisco, by the authority vested in it, does authorize and empower (name of contractor) (his or their) agents, or assigns, to demand and re- ceive the several assessments upon the assessment and diagram hereto at- tached, and this shall be (his or thelr) warrant for the same. (Date)—. (Name of President of | Board of Public Works.) Countersigned by (Name of Secre- tary of Board of Public Works.) Said warrant, assessment and dia- gram shall be recorded in the office of the Board. When so recorded the sev- ral amounts assessed shall b2 a lien | upen the lands, lots, or portions of lots assessed, respectively for the period of two years from the date of said record- ing, unless sooner discharged; and from and after the date of said record- ing of any warrant, assessment and gram, all persons interested in said ssment shall be deemed to have no- «f the contents of the record thereof. After sald warrant, assessment and diagram are recorded, the same shall be dehvered to the contractor, or his agent or assigns, on demand, but not | untii after the payment to the Board | 02 the incidental expenses not previ- ously paid by the contractor or his as- signs. By virtue of sald warrant said contractor, or his agents or assigns, shall be authorized to demand and re ceive the amount of the several assess- ments made to cover the sum due for the work specified in such centracts ond assessments. When it shall appear by the final judgment of any court in this State having jurisdiction to render such judg- ment, that any suit brought to foraciose the lier of any assessment for street work made under this Chapter, or in the recording thereof, has been defeated | by reason of any defect, error, infor- | mality, omission, irregularity, or ille- ga'ily, thereof or therein, or in the re- turn on the warrant issued pursuant to any such assessment, or in the record- ing of any such warrant, any person in- teresied therein may, at any time with- in seven months after the entry of said final judgment, apply to the Board for arcther assessment to be issued in con- formity to law; and the Board shall, within sixty days after the time of said application, make and deliver to sald applicant’ a new assessmant, dia- gram and warrant in accordance with law, and sign, record and authenticate the same as above provided. Such as- sessment shall be a lien upon the lots of land set out therein for the period of two years from the date of its record- ing, and suit may be brought to enforce said llen as provided in this Chapter. Should such final judgment be that of the Superior Court for the City and County and an appeal therefrom to the Supreme Court of the State has been taken, no such other assessment shall be made until said appeal has been de- termined. Sec. 13. The contractor or his as- signs, or some person on his or their behalf, shall call upon the persons as- sessed, or thelr agents, if they can con- veniently be found, and demand pay- ment of the amount assessed to each. If any paymeént be made, the contrae- tor, his assigns, or some person on his or their behalf, shall receipt the same upon the assessment in the presence of the person making such payment, and shall also give a receipt if demand- ed. When the persons so assessed, or their agents, cannot conveniently be found or when the owner of the lot is stated as “unknown” upon the assess- ment, then sald contractor or his as- signs, or some person on his or their behalf, shall publicly demand payment on the premises assessed. g The warrant shall be returned to the Board of Public Works within . thirty days after its date with a return indors- ed thereon, signed by the contractor or his assigns, or some person on his or their behalf, verified upon oath, stat- ing the nature and character of the de- mand, and whether any of the assess- ments remain unpaid in whole or in lic Works of the City and County of | part, and the amount thereof. There- upon the Secretary of the Board shall record the return so made in the mar- gin of the record of the warrant ana assessment. The Board can at any time .receive the amount due upon any assessment and warrant issued by it and give a good and sufficlent discharge therefor; but no such payment so made after suit has been commenced shall operate, | without the consent of the plaintiff in | the action, as a complete discharge of the lien until the costs in the action | shall be refunded to the plaintiff. The Board may release any assess- | ment upon the books of its office -on the payment to it of the amount of the | asgessment with Interest against any lot or on the production to it of the receipt of the party or his assigns to whom the assessment and warrant were issued. If any contractor shall fail to return his warrant within the time and in the form provided in this gection he shall thenceforth have no lien upon the property assessed; but if any warrant is lost, upon proof of such ‘loss a duplicate may be issued, upon which a return may be made ‘with the same effect as if the original had been so returned. After the return of the assessment and warrant as aforesaid, all amounts remaining due thereon shall draw interest at the rate of seven per centum per annum until paid. Sec. 14. The owners, whether named in the assessment or not, the contrac- tor or his assigns, and all other per- sons directly Interested in any work provided for in this Chapter, or in the agsessment, feellng aggrieved by any act or determination of the Board of Public Works In relation thereto, or who claim that the work has not been performed according to the contract in a good and substantial manner, or having or making any objection to the correctness or legality of the assess- ment or other act, determination, or proceedings of the Board, shall, within thirty days after the date of the war- rant, appeal to the Supervisors, by briefly stating their objections in writ- ing and filing the same with the Clerk of the Supervisors. Notice of the time “a.nd place of the hearing, briefly re- ferring to the work contracted to be done, or other subject of appeal, and | to the acts, determinations or proceed- ings objected to or complained of, shall be published for five days. Upon such appeal the Supervisors may remedy and correct any error or informality in the proceedings, and revise and cor- rect any of the acts or determinations of the Board relative to said work, may confirm, amend, set aside, alter, modify or correct' the assessment in such manner as to them shall seem just; and require the work to be com- pleted according to the directions of, tion direct the Board of Public Works to correct the warrant, assessment or diagram in any particular, or to make and issue a new warrant, assessment sions of the Supervisors thereto. All the decisions and determinations of the Supervisors, upon notice and hearing as aforesaid, shall be final and conclusive upon all persons entitled to appeal under the provisions section, as to all errors, informalities | and {rregularities, which the Supervis- | ors might have remedied and avoided; and no assessment shall be held in- valid, except upon appeal to the Su- | pervisors, as provided in this section, for any error. informality or other | defect in the proceedings prior to the | assessment, or in the assessment it- | self, where the Board of Public Works | has’ acquired jurisdiction to make the | same. | Sec. 15. At any time after the period | of thirty-five days from the day of the in relation at any time after five days from the | decision of the Supervisors on such ap- | peal, or after the return on the war- | rant, after the same may have been | corrected. altered or modified, as here- in provided; but. not less “than awithin thirty-five days from the date of the warrant, the contractor or his assignee | may sue in his own name the owner or | the mortgagee of the land, lots, or por- | tions of lots assessed on the day of | the date of the recording of the war- | rant, assessment and diagram, or any | day thereafter during the continuance | of the lien of said assessment, and re- | cover the amount of any assessment remaining unpaid, with interest there- on at the rate of seven per centum per annum until paid. In -all cases of recovery under the provisions of this Chapter the plain- | tiff shall recover the sum of fifteen dol- lars in addition to the taxable costs, as attorney’s fees, but not any percent- | age upon said recovery. When suit has been brought, after a personal demand | has been made and a refusal to pay | such assessment so demanded, the plaintiff shall also be entitled to have | and recover said sum of fifteen dollars | as attorney’s fees in addition to all tax- |able costs, notwithstanding that the | suit may be settled or a tender be | made before a recovery in said action, |and he may have judgment therefor. Said warrant, assessment and dia- gram, with the afidavit of demand and non-payment, shall be held prima facie | evidence of the regularity and correct- | ness of the assessment and of the prior proceedings and acts of the Board of | Public Works and of the Supervisors upon which said warrant. assessment and diagramare based. andlikeevidence | of the right of the plaintiff to recover in | the action. The Court in which said suit | shall be commenced shall have power | to adjudge and decree a lien against the lots of land assessed, and to order such premises to be sold on execution |as in other cases of the sale of real estate by the process of said Courts. In all actions brought to enforce the lien of assessments made pursuant to thesprovisions of this Chapter the pro- ceedings therein shall be governed and regulated by the provisions of this Chapter, and, when not in conflict here- with, by the Codes of this State. Sec. 16. When any portion of the roadway of any street, avenue, lane, al- ley, court or place, or any portion of any sidewalk, in the City and County. none of which has been accepted by the Supervisors as in this Chapter provided, shall be so out of repair as to endanger persons or property passing thereon, or 80 as to interfere with the public con- venience in the use thereof, the Board of Public Works shall require the own- ers or occupants of lots or portions of lots fronting on said portion of said street, avenue, alley, lane, court or place, by a notice in writing, to be de- livered to them or their agents, per- sonally, to repair forthwith said por- tion of said street, avenue, lane, alley, court or place, to the center line there- of, in. front of the property of which he is the owner or tenant, or occupant. The Board shall particularly specify in said notice what work is required to be done and what material shall be used in said repairs. If said repairs be not begun within five days after notice given as aforesaid, and diligently and without interruption prosecuted to completion, the Board may make such repairs, or enter into & contract with any suitable person, at the expense of the owner, tenant, or occupant, after the specifications for the doing of said work shall have been conspicuously posted by it in its office for three days, inviting bids for the dcing of said work. Said bids shall be delivered to it at its office on or before the second day after the completion of said posting and opened by it on the next day follow- ing; whereupon the contract shall be awarded to the lowest responsible bid- der. A1l of safd bids shall be preserved in the office of the Board, and shall be oven at all times after the letting of the contract to the inspection of all persons; and such owner, tenant, or oc- cupant, shall be liable to pay said con- tract price. Such work shall be com- enced within twenty-four hours af- ‘{21’ the contract shall have been signed, and completed without delay to the sat- the Supervisors, and may at their op-’ and diagram to conform to the deci- | of this | | Qate of the warrant, or if an appeal | Lken before - has been taken to the Supervisors, then, isfaction of the Board. Upon the com- pletion of such repairs by the con, tractor as aforesaid to the satisfaction of the Board, it shall make and de- liver to the contractor a certificate to the effect that such repairs have been properly made by sald contractor to the grade, and’that the charges for the same are reasonable and just, and that the Board of Public Works has ac- cepted the same. Sec. 17. If the expense of the work and material for therepairsprovidedfor in the last preceding section be notpaid on demand to the contractor so em- ployed, or his agent or assignee, said contractor, or his assignee, shall have the right to sue such owner, tenant, or occupant for the amount contracted to be paid; and the certificate provided for in sald section shall be prima facie evidence of the amount claimed for said work and materials, and of the right of the contractor to recover for the same in such action. Said certifi- cate shall be recorded by the Board of Public Works in a book kept by it in the office for that purpose, properly in- dexed, and the sum contracted to be palid shall be a llen as in case of other :saessmen(s provided for in this chap- er. Sec. 18. In addition to the remedies above given the Supervisors may pre- scribe the penalties that shall be in- curred by any owner or person ne- glecting or refusing to make re- pairs when required, as hereinbefore provided. Such penalty shall be en- forced for the use of the City and County by prosecution in the name of the People of the State of California in the Court having jurisdiction there- of, and may be applied in the case of fines, to the payment of expense of any ttsuch repairs not otherwise provided or. -Sec. 19. The person owning the fee, or the mortgagee of such fee, or the per- son who, on the day the action is com- menced, appears by deed duly recorded in the County Recorder’s office of the City and County, to have the legal title to the land, or the person in possession of lands, lots, portion of lots or build- ings under claim, or excreising acts of ownership over the same for himself, or as executor, administrator or guar- dian of the owner, shall be regarded, treated and deemed to be the ‘“‘owner” for all the purposes of this Chapter. And in case of property leased, the possession of the tenant or lessee hold- ing and occupying under such persons shall be deemed to be the possession of such owner. Sec. 20. Any tenant or lessee of any Iot of land on which has been imposed an assessment under the provisions of this Chapter may pay sald assessment, or he may discharge any liability im- posed thereon by virtue of the provis- ions of this Chapter, or he may redeem the property within the time prescribed by‘aw, if legally sold on execution, and may deduct the amount so paid from the rents due and to become due from him; and he shall have a lien upon, and may retain possersion of, said lots un- til the amount so paid and advanced, with legal interest thereon, be satisfied from accruing rents or by payment by thg owner. ec. 2l. The records kept by the Board of Public Works shall have the same force and effect as other public records, and duly certified coples therefrom may be used in evidence with the same effect as the originals. Said records shall, during all office hours, be open, free of charge, to the inspection of any citizen wishing to examine them. Sec. 22. Notices in writing required to be given by the Board may be served by any person over the age of twenty- one years, and the fact of such service may be verified by the oath of the per- son making it. Such oath may be the Secretary of said Board or b fore any member thereof. Sec. 23. When any street or portion of a street has been or shall hereafter be fully constructed to the satisfaction of the Board of Public Works and of the Supervisors, and is in good condi- tion throughout, and a sewer, gas pipes, and water pipes are properly laid therein, the same shall be accepted bv the Supervisoss by ordinance; and thereafter such street or portion of a | street shall be kept in repair and im- proved by the City and County. The Supervisors shall not accept any por- tion of a street less than the entire width of the roadway including the curbing, and one block in length, orone entire crossing; but they may partly or conditionally accept any street,with- out a sewer or gas pipes or water pipes therein, if the ordinance of acceptance expressly states that they deem such sewer, or gas pipes or water pipes to be then unnecessary. In such case the lots of land previously or at any time as- sessable for the cost of constructing a sewer shall remain and be assessable for such cost and for the cost of re- pairs and restoration of the street damaged in said construction, when- ever the Supervisors shall deem a sewer to be necessary and shall order it to be constructed. The Board of Public Works shall keep in its office a register of all streets accepted by the Supervisors under this section, which register shall be indexed for easy ref- erence thereto. Sec. 24. The Board of Public Works may at any time, without any applica- tion therefor, recommend to the Sup- ervisors to order the paving or mac- adamizing of the portion of any street required by law to be paved or mac- adamized by the person, company or corporation having railroad tracks thereon. Upon such recommendation the Supervisors shall by ordinance or- der said work to be done and direct said Board to notify said person, company, or corporation of the fact of the pas- sage of such ordinance. The Secretary of said Board shall thereupon forthwith in writing notify said person, company or corporation of the passage of said ordinance; and if said person, company or corpora- tion shall not within ten days after re- celving said notice commence in good faith to do said work and prosecute the same diligently to completion, the Board shall invite sealed proposals for doing sald work in the manner provid- ed in this Article; and. all the provis- ions of this Article in regard to such proposals, to the awarding of con- tracts, to the execution of contracts, and to the doing of public work, shall apply to all similar proceedings taken under this section. On the completion of the work to the satisfaction of the Board the contractor shall be entitled to recover from such person, company or corporation the contract price for the expense of said work, together with incidental expenses, in an action instituted in a Court of competent ju- risdiction. On the trial of such action, the certificate of the Board of the com- pletion of sald work to its satisfaction shall be prima facie evidence of the regularity of all the proceedings prior thereto and of plaintiff’s right to re- cover in sald action. Sec. 25. Except as otherwise in this Chapter specifically provided, no or- dinance for the improvement of any street other than for sewers, sidewalks and curbs, except for the improvement of the streets constituting or lying along the water front of the City and County, and except for such work as is provided for in the next preceding sec- tion, shall be passed by the Supervis- ors without extending sald improve- ‘ment throughout the whole width. of such street. Sec. 26. Wherever in this Article the word “street” occurs, it shall be held to include all streets, lanes, alleys, places and courts which have been, or may be hereafter, dedicated and open to public use, and whose grade and width have ‘been legally established; and the grade of all intermediate or intersecting streets in any one block shallbedeemed to conform to the grades as established at the crossings of the main streets. The word “improvement” shall be held to include grading, paving, plank- ing, macadamizing, piling and capping; and the construction and repairs of sewers, cesspools, manholes, culverts, drains, sidewalks and curbs. The term “main street” shall mean such street or streets as bound a block, and the term “street” shall in- clude crossing. The word “block” shall mean the blocks known or designated as such upon the maps and books of the As- sessor. The term “quarter block,” as used in this Chapter as to irregular blocks, shall be deemed to include all' lots or portions of lots, having any frontage on either intersecting street half way from such intersection to the nextmain street, or, when no main street inter- venes, all the way to a boundary line of the City and County. The word “paved” shall include any pavement of stone, iron, wood or other materfal which the Supervisors may by ordinance order to be used; but no patented pavement shall be ordered during the existence of the patent therefor, until the owner of such pat- ent shall have transferred to the City and County all right to the use of the same therein, with the privilege to any person to manufacture and lay the same upon its streets under any con- tract that may be awarded to him, or entered into by him with the City and County. The term ‘“‘expense” shall include the price at which the contract was award- ed, and the term “incidental expenses’” shall include all expenses incurred in printing and advertising the work con- tracted for, and all expenses for sur- veylng, measuring and inspecting the work. All notices and resolutions required in this Article to be published shall be published daily, legal holidays except- ed, in the official newspaper. All notices herein required to be served, whether by delivery, mailing or posting, may be so served by any male citizen of the age of twenty-one years, and his affidavit thereof shall be prima facle evidence of such service. The affidavit by the publisher of the official newspaper, or his clerk, of the publication of any notice required in this Article to be published, shall be prima facie evidence of such puhlica- tion. Sec. 27. When the owners of all the lands fronting upon any street which is less than forty feet in width, for the entire distance of said street, or for the distance of one or more entire blocks, shall petition the Board of Public ‘Works that the said street, or that por- tion thereof upon which said lands front, be closed, the Board may pass a resolution recommending that the same be closed. Before passing such resolu- tion the Board shall cause a notice of the application to be published in the official newspaper, and shall fix a time and place at which it will consider the same and hear objections thereto. Upon such hearing it shall determine whether it will recommend that the street be closed; and if it shall so determine, it shall transmit such recommendation to the Supervisors. Thereupon the Super- visors may pass an ordinance that the street be closed; and the same shall not thereafter be, or be deemed to be, a public street, or subject to any public expense or improvement; and the land theretofore included within the road- way and sidewalks of said street shall thereafter be the property of the City and County. No such ordinance shall be passed until the petitioners shall have pald all the expenses of said pro- ceedings. Sec. 28. In all cases where lands in the City and County shall be hereafter sub-divided and laid out into blocks or plats, sub-lots, streets and alleys, or when new streets or public grounds shall be laid out, opened, donated or granted to the public by any proprietor, the map or plat thereof shall be sub- mitted to the Board of Public Works for its approval, and if the Board ap- prove the same, such approval shall be by it indorsed upon the said map or plat, and said map with said approval shall then be filed in the office of the Recorder; and without such approval indorsed thereon no such map or plat shall be filed in the office of the Re- corder, or have any validity; nor shall any street, alley, or public ground here- after opened and dedicated as such, be- come or be a public street or be subject to any public improvement or expense without such approval, indorsement and record. No street hereafter laid out shall be approved or become a pub- lic street unless the same shall be at least forty feet in width and two hun- dred feet distant from any parallel street. Sec. 29. The Board shall annually in- vite proposals for cleaning and sprink- ling such of the streets of the City and County as the Board shall determine should be cleaned and sprinkled at the public expense. Before causing notice for such proposals to be published the Board shall divide the City and County into such number of districts as in its judgment will best induce competition for bids, and secure the cleaning and sprinkling of the streets at the lowest cost. The Secretary of the Board shall, under its direction, on the first Monday in May of each year, cause to be pub- lished for a period of ten days a notice inviting proposals for cleaning and sprinkling each of said districts speci- fying in said notice the streets of each district which are to be cleaned and sprinkled, the number of times a week that they are to be cleaned and sprin- kled, and the amount of security to be given with each contract. Bids shall be made for each district separately. All the provisions of this Article in re- lation to the making and opening of bids, awarding of contracts and enter- ing into and performance of contracts, shall be applicable to said contracts. The Board may, at the time it in- vites proposals for said cleaning and for sald sprinkling, also invite propo- sals for said cleaning separately and for said sprinkling separately, and may award such contracts accordingly as may be for the best interest of the City and County. The Board may also, with the consent of the gupervisors expressed by ordin- ance, ‘hase one or more machines for sweeping the streets, and may en- ter into contracts for .sweeping the streets with said machines; but the Board must give the preference to handsweeping so, far as it can do so with reference to| the proper sweeping of the streets and to the funds at its disposal. Sec. 30. The Board shall cause to be made all urgent repairs upon the pub- lic streets that may from time to time be requisite for the public safety, and for that purpose may employ such la- borers as may be necessary, and at such wages as may be from time to time fixed by the Board; but when the expense of the repairs upon any street or portion of a street shall exceed the sum of five hundred dollars, exclusive of materials to be furnished from the Corporation Store Yard, the same shall be done under contract awarded in the manner provided in this Article. Sec. 31. The Board shall, from time to time, after it shall have been direct- ed so to do by the Supervisors by or- dinance, invite proposals for supplying to the City and County such materials as may be required for the repair of the public streets or for any improve- ment thereof, and such proceedings shall be had in awarding the contracts therefor as are in this Article provided for awarding other contracts. Sec. 32. The Supervisors shall select some place in the City and County which shall be known as the Corpora- tion Store Yard, whereim shall be kept all supplies, material, implements and machines belonging to the City and County, tobeuced in repairing or clean- ing and sprinkling the streets, or for any improvement thereon. The Board of Public Works shall appoint a Store- kee for sald Yard, who shall hold his office during its pleas- ure. He shall have the. custody of sald Yard and of all the sup- plies, material and implements therein, and shall keep books of account in which shall be kept a systematic ac- count of all purchases, and of the re- ceipt of suoolies and material under any contracts awarded under the pro- visions of the preceding section, and of the delivery thereof, which books shall at all times show the amount of said material and supplies on hand and in store, and when. to whom, and for what purpose each article was deliver- ed. He shall be responsible for all ma- terfal and supplies in said Yard, and shall not deliver any article except upon the written order or requisition of the President and Secretary of the Board of Public Works, and he shall take the written receipt, indorsed upon said order, of each person to whom any delivery is made, specifying the date of such delivery and the amount and kind of material and supplies de- livered. For any deficiency in his ac- counts or for the delivery of any ar- ticle without such order or requisition and receipt, he shall be liable upon his official bond. All cobblestones, or stone blocks or other material with which any street or portion of a street may have been paved or planked shall, if at any time removed from said street, be taken to sald Yard, and there kept, accounted for and disposed of by the Storekeeper in the-same manner as other supplies. CHAPTER IIL Opening, Straig;;;flng, Widening, Extending and Changing the Grade of Streets. SECTION Lk When an application shall be made to the Board of Public ‘Works for the straightening, widening or extending of any street, or for the laying out, establishing or opening of a new street, signed by the owners of a majority of the frontage of the lands upon the line of said street, or proposed street, and such improvement requires the con- demnation of private property, and the Board shall by resolution determine that the improvement would be of pub- lic benefit, it shal] make an estimate of the expense of’ such improvement, and determine by resolution the district which will be affected by, and should be assessed for, the expense of such im- provement. No proceedings shall be had upon the filing of such petition un- til after the persons signing the same shall have deposited with the Secretary of the Board an amount of money which, as may be determined by the Board, will be sufficient to defray all the expense that may be incurred in case the Supervisors shall not pass an ordinance for said improvement. Sec. 2. If within three months after the passage of the resolution determin- ing such district, a majority of the owners of the land within said district who shall also be the owners of two- thirds of the superficial square feet of the property included within said dis- trict, and of three-fourths in value of said property—including improvements thereon—estimating said value accord- ing to the last preceding Assessment Book of the City and County, shall present to the Board a petition for said improvement, verified by their oaths and describing the lands of which they are the owners, and showing the amount at which the same was as- sessed upon the last preceding Assess- ment Book of the City and County, and stating that they are the owners and in possession of the lands named in said petition, the Board shall pass a reso- lution of its intention to recommend such improvement to the Supervisors, and shall in such resolution specify a day upon which it will hear any ob- jections that may be made to such im- provement. Before passing such resolution of in- tention, the Board shall cause to be prepared a map or diagram of the dis- trict affected by and to be assessed for the expense of such improvement, upon which shall be delineated the several lots of land upon which said assess- ment is to be levied, and also the lots of land which are to be taken for such improvement, and showing the name of the person to whom the said lots were assessed upon the last Assessment Book of the City and County, together with the amounts of such assessments. Sec. 8. The Secretary of the Board shall thereupon cause said resolution of intention to be published for a pe- riod of thirty days, non-judicial days excepted, and shall also cause a copy of sald resolution to be deposited, post- age prepaid, in the Post Office at the City and County, addressed to each person whose name is delineated upon said map, at least ten days before the day named for hearing objections thereto. Sec. 4. At any time before the day fixed in such resolution for hearing ob- Jections to such improvement, any per- son interested therein may file with the Secretary of the Board his objections thereto, briefly stating the grounds thereof and the nature of his interest; and upon the day fixed for hearing the same, or some day to which the hear- ing thereof shall then be postponed, the Board shall proceed to hear and determine the sufficiency of any objec- tions which may have been filed. Sec. 6. If the Board shall determine that such objections are sufficient to prevent a recommendation of-the im- provement, it shall pass a resolution to that effect, and no further proceedings shall be had under said petition. If no objections have been filed, or if the Board shall determine that the objec« tions filed are insufficient, it may pass a resolution recommending to the Su- pervisors said improvement, and in its recommendation shall specially report to the Supervisors whether in its opin- ion the land within the district speci- fled as affected by said improvement will be benefited to the extent of the expense of said improvement. Sec. 6. If the Board shall pass a resolution recommending said improves ment, the Secretary shall forthwith transmit to the Clerk of the Supervis- Qrs a copy of said resolution, together with the petition, map, estimate of the expense of said Improvement, and any objections that may have been filed; and the Supervisors shall at their first regular. meeting thereafter, or at any meeting to which said hearing may have been adjourned, pass upon saia recommendation, and may by resolu- tion adopt or reject the same. If said recommendation is rejected no further action shall be had thereon or upon said petition. If the Supervisors shall adopt said recommendation, they shall within thirty days thereafter pass an ordinance providing for said improve- ment, and may in said ordinance pre- scribe such rules for the conduct of the Board of Public Works respecting the assessment and valuation to be made by said Board, and providing for the condemnation of said lands, and the collection of said assessment, in addi- tion to, and not inconsistent with, the rules herein prescribed, as to said Su- pervisors shall seem expedient. Upon the passage of said ordinance the Clerk of the Supervisors shall transmit a cer- tifled copy thereof to the Board of Public ‘Works. Sec. 7. Upon the receipt by the Board of a ‘certified copy of said ordi- nance the Board shall cause to be made an accurate survey of the con- templated improvement, and a map thereof, upon which shall be deline- ated each and every lot of land to be taken or appropriated for the purposes of the intended improvement, showing its extent in feet and inches, and also each and every lot of land within the district determined to be affected by, and which is to be assessed for, the cost and expense of said improvement. After said survey and map are made, the Board shall pass a resolution fix- ing a day on or after which it will pro- ceed to value the several lots of land to be taken for the purpose of the in- tended improvement, and ascertain and determine the damages and bene- fits which may result therefrom. The Secretary of the Board shall cause said resolution to be published for a period of ten days before the day fixed in said resolution for proceeding to_make said valuation. In estimating the damage to any lot by reason of any portion of said lot having been taken for public use, as herein provided, the measure of dam- age to said lot shall be the difference at the time of said appropriation be-