SEC. 9-177. CONSTITUTIONALITY:
If any part, chapter, division, article, section, subsection, sentence, clause, phrase or word of this Code is held to be unconstitutional or invalid, the decision shall not affect the remaining portions of this Code. The Council hereby declares that it would have adopted and passed this Code and each part, chapter, division, article, section, subsection, sentence, clause, phrase or word of this Code, irrespective of the fact that any one or more of other parts, chapters, divisions, articles, sections, subsections, sentences, clauses, phrases or words of this Code be declared invalid or unconstitutional.
SEC. 9-178. WAIVER:
All objections not made within the time and manner provided in this Code are waived.
SEC. 9-179. ORDERS FINAL:
All decisions and determinations of the Council, upon notice and hearing shall be final and conclusive upon all persons entitled to appeal, as to all errors, informalities, omissions and irregularities which might have been avoided, or which might have been remedied during the progress of the proceedings, or which can be remedied, and as to illegalities not amounting to a want of due process of law.
SEC. 9-180. NOTICE OF AWARD:
The notice to pay assessments under Article 3, the notice to pay assessments and of award of contract under Article 4, Division 5 of this Code, and a notice of confirming assessment or reassessment under any other procedure in this Code, shall have like curative effect as the notice of award under the Improvement Act of 1911.
SEC. 9-181. LIBERALLY CONSTRUED:
This Code shall be liberally construed in order to effectuate its purpose. No error, irregularity, informality, omission or illegality, and no neglect or omission of any officer, in any procedure taken pursuant to this Code, which does not directly affect the jurisdiction of the City Council to order the work or acquisition pursuant to this Code shall void or invalidate the proceedings or any assessment for the cost of the work or acquisition under this Code. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the Council in accordance with the provisions of this Code.
SEC. 9-182. VALIDITY:
No step in any proceeding shall be invalidated or affected by error or mistake or departure from the provisions of this Code as to the officer or person posting or publishing or mailing, or procuring the publication or posting or mailing, of any notice, order or other matter when the notice is actually given for the time required.
SEC. 9-183. EFFECT OF PUBLICATION:
No assessment, reassessment, supplemental assessment, warrant, diagram or bond or any of their levy or issuance, and no proceedings for same, shall be held invalid by any court for any error, informality, omission, irregularity, illegality or other defect in the same, where the resolution of intention or notice of improvement have been actually published as provided in this Code.
SEC. 9-184. DEDICATION:
No proceedings shall be held to be invalid upon the ground that the property upon which the work or improvement or part thereof is to be done or was done, had not been lawfully dedicated or acquired, provided the same shall have been lawfully dedicated or acquired or an order for immediate possession and use thereof shall have been obtained, at any time before judgment is entered in any legal action; provided, that if said proceeding includes the acquisition thereof it shall be sufficient if the Council shall have the power to order the acquisition thereof.
SEC. 9-185. LIMITATION OF ACTIONS:
No action, suit or proceedings to set aside, cancel, void, annul or correct any assessment or reassessment, or to review any of the proceedings, or to question the validity or to enjoin the collection of any assessments or reassessments or supplemental assessments shall be maintained by any person unless the action, suit or proceedings shall have been commenced within thirty (30) days after the acquisition or improvement had been ordered or the assessment shall have been confirmed.
SEC. 9-186. Id — AD VALOREM:
Where the proceedings are for an ad valorem levy the period shall be thirty (30) days after the ordering of the levy with reference to the levy, and thirty (30) days after ordering the issuance of the bonds with reference to their issuance. If the action or suit is not brought within the time herein specified, all persons shall be barred from any action.
SEC. 9-187. Id — SCOPE:
No action shall affect the legality of any assessment other than the assessment on property of a plaintiff in his own name and not in a representative capacity.
SEC. 9-188. Id — DEFENSE:
No defense based on invalidity or irregularity in any proceedings shall be raised or pleaded after the expiration of the thirty (30) day period.
SEC. 9-189. VALIDATING PROCEEDING:
The City Council, at any time after the adoption of the resolution of intention, the proposed contractor, at any time after the award of the contract to him, or the proposed purchaser of the warrant or any bonds to be issued, at any time after the assignment of the warrant or award of the bonds to him, may bring an action in the Superior Court of the State of California, in and for the County in which it is situated, to determine the validity of any proceedings and of the proposed contract, or of the assessment or tax levied or to be levied, or of the bonds issued or to be issued.
SEC. 9-190. Id — PROCEDURE:
The provisions of Chapter 9, Title 10, Part 2 (commencing with Section 860) excepting Section 863, of the Code of Civil Procedure, shall apply.
SEC. 9-191. Id — DEFENSE:
No defense may be raised in an action that could not have been made the subject of a suit by the defendant at the time, including but not limited to the application thereto of waivers, finality of official action, curation, and limitations of action.
Stockton, CA 
