Kenny

This is an appeal from a judgment foreclosing a lien on defendant’s property for street work done under public contract and street proceedings had and taken under the provisions of the San Francisco Street Improvement Ordinance of 1918, Ordinance No. 4720 (New Series).

It is claimed that the assessment is void in that it amounts to more than fifty per cent of the value of the land as assessed for municipal purposes. (San Francisco Charter, art. VI, chap. 2, sec. 33.) This charter provision, however, by its terms does not apply to any assessment made payable in installments. Appellant states that her assessment was not made payable in installments. This we take to mean that, although the resolution of intention stated that the assessment may be paid in installments, yet because of the failure of appellant to comply with the provisions of sections 33 and 34 of the ordinance she no longer has the right to pay in installments. It is claimed that these provisions of the ordinance are invalid because contrary to the charter provisions. These points have been considered by the supreme court and decided adversely to the contention of appellant. (Fay Improvement Co. v. Hanlon, 193 Cal.…