No assessment shall be levied for the cost of resurfacing asphalt pavements by the heater method - stripping the surface from a rigid type base, and replacing surface thereon - or covering an existing hard surface or macadam pavement or base with bituminous material; provided, that where an entire pavement is removed and replaced with a pavement of the character specified in § 9-421.01, the cost of the latter pavement shall be assessed as provided in this subchapter, if no previous legal assessment has been levied and paid therefor.
D.C. Code § 9-421.07