DIVISION 3. OFFICERS [36501. - 41805.]
Division 3 added by Stats. 1949, Ch. 79.
§§ 36501–41805 · 576 sections
PART 1. GENERAL §§ 36501–36525 · 29 sections
- § 36501 The government of a general law city is vested in: (a) A city council of at least five members. (b) A city clerk. (c) A city treasurer. (d) A chief of police.…
- § 36501.5 Every employee has the right to inspect personnel records pursuant to Section 1198.5 of the Labor Code
- § 36502 (a) A person is not eligible to hold office as councilmember, city clerk, or city treasurer unless he or she is at the time of assuming the office an elector…
- § 36502.5 Notwithstanding the provisions of Section 36502, the city council of the City of Tustin may adopt by ordinance a proposal to limit the number of terms a member…
- § 36503 Unless otherwise required by Section 57379, a general municipal election shall be held on a date prescribed by Section 1301 of the Elections Code. Except as…
- § 36503.5 Notwithstanding any other provision of law, during the period commencing the day of a recall election pursuant to Division 11 (commencing with Section 11000)…
- § 36505 The city council shall appoint the chief of police. It may appoint a city attorney, a superintendent of streets, a civil engineer, and such other subordinate…
- § 36506 By resolution or ordinance, the city council shall fix the compensation of all appointive officers and employees. Such officers and employees hold office…
- § 36507 Before entering upon his or her duties, each city officer shall take and file with the city clerk the constitutional oath of office, except that the…
- § 36508 At any municipal election, or a special election held for that purpose, the city council may submit to the electors the question whether the elective officers,…
- § 36509 The question shall be printed on the ballots used at the election substantially in one of the following forms: (a) “Shall the offices of city clerk and city…
- § 36510 If a majority of the votes cast on the proposition is for it, the city council shall appoint such officers at the expiration of the terms of the officers then…
- § 36511 The petition for incorporation of a city may provide for the appointment of the elective officers, or any of them except council members. If it does, a…
- § 36512 (a) If a vacancy occurs in an appointive office provided for in this chapter, the council shall fill the vacancy by appointment. A person appointed to fill a…
- § 36513 (a) If a city councilmember is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or…
- § 36514.5 City council members may be reimbursed for actual and necessary expenses incurred in the performance of official duties. Reimbursement for these expenses is…
- § 36515 The compensation of a city council member appointed or elected to fill a vacancy is the same as that payable to the member whose office was vacated.
- § 36516 (a) (1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set…
- § 36516.1 A mayor elected pursuant to Sections 34900 to 34904, inclusive, may be provided with compensation in addition to that which he or she receives as a council…
- § 36516.5 A change in compensation does not apply to a council member during the council member’s term of office. This prohibition shall not prevent the adjustment of…
- § 36517 The city clerk and the city treasurer shall receive, at stated times, a compensation fixed by ordinance or resolution.
- § 36518 Before entering upon the duties of their offices, the city clerk and city treasurer shall each execute a bond to the city. Except as otherwise provided, the…
- § 36519 The city council may require bonds of any other officer or employee of the city.
- § 36520 The city council shall approve all bonds. When approved, the clerk’s bond shall be filed with the mayor, and other bonds shall be filed with the city clerk.
- § 36521 Except as otherwise provided, all laws relating to the official bonds of officers apply to bonds required by this chapter.
- § 36522 Any officer or employee collecting or receiving any money belonging to, or for the use of, the city shall deposit it immediately in the treasury in the manner…
- § 36523 By ordinance or resolution, the city council may provide for a treasurer’s departmental trust fund into which collections of the police department and other…
- § 36524 The city treasurer shall make withdrawals from such a fund only on order signed by the proper department head and for the following purposes: (a) Making a…
- § 36525 (a) As used in this section “city auditor” includes an elected or appointed officer or full-time employee of the city who is compensated, but does not include…
PART 2. LEGISLATIVE BODY §§ 36801–40592 · 498 sections
CHAPTER 1. Organization §§ 36801–36815 · 15 sections
- § 36801 The city council shall meet at the meeting at which the declaration of the election results for a general municipal election is made pursuant to Sections 10262…
- § 36802 The mayor shall preside at the meetings of the council. If the mayor is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or…
- § 36803 The mayor may make or second any motion and present and discuss any matter as a member of the council.
- § 36804 If the city clerk is absent, the deputy city clerk shall act. If there is none, the mayor shall appoint one of the council members as city clerk pro tempore.
- § 36805 The city council shall hold regular meetings at least once a month at times fixed by ordinance or resolutions. It may adjourn any regular or adjourned meeting…
- § 36807 At any special meeting the city council shall act only on matters referred to in the notice or consent.
- § 36809 When an order of adjournment of a regular meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified…
- § 36810 A majority of the council constitutes a quorum for transaction of business. Less than a majority may adjourn from time to time, and compel attendance of absent…
- § 36811 If all council members are absent from any regular meeting, the city clerk shall declare the meeting adjourned to a stated day and hour. The city clerk shall…
- § 36812 After incorporation, the city council is judge of the qualifications of its members and of election returns. It shall determine contested elections of city…
- § 36812.1 If a written statement to contest the election of a city officer pursuant to Sections 16400 and 16401 of the Elections Code is filed with the city clerk prior…
- § 36812.5 A city may defend any person elected to the city council or to the office of city clerk or city treasurer in any election contest instituted for any of the…
- § 36813 The council may establish rules for the conduct of its proceedings. It may punish a member or other person for disorderly behavior at a meeting.
- § 36814 The council shall cause the clerk to keep a correct record of its proceedings. At the request of a member, the city clerk shall enter the ayes and noes in the…
- § 36815 Any reference to “councilman” or “councilmen” shall also mean and include “councilwoman” or “councilwomen.” A female member of a city council may designate…
CHAPTER 2. Ordinances §§ 36900–36937 · 13 sections
ARTICLE 1. General §§ 36900–36904 · 4 sections
- § 36900 (a) Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city…
- § 36901 The city legislative body may impose fines, penalties, and forfeitures for violations of ordinances. It may fix the penalty by fine or imprisonment, or both. A…
- § 36903 Imprisonment for violation of an ordinance shall be in the city jail, unless by ordinance the legislative body prescribes imprisonment in the county jail. If…
- § 36904 The legislative body may require persons imprisoned for violation of an ordinance to labor on public property or works within the city.
ARTICLE 2. Enactment §§ 36931–36937 · 9 sections
- § 36931 The enacting clause of ordinances shall be: “The city council of the City of ____ does ordain as follows:”.
- § 36932 (a) Ordinances shall be signed by the mayor and attested by the city clerk. When attesting to an electronic or digital signature, the clerk may presume that…
- § 36933 (a) Within 15 days after its passage, the city clerk shall cause each ordinance to be published at least once, with the names of those city council members…
- § 36933.1 Whenever a city having a population of less than 2,500 inhabitants adopts an ordinance code containing all ordinances and amendments previously adopted and…
- § 36934 Ordinances shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an…
- § 36935 Resolutions or orders for the payment of money shall be adopted or made only at a regular meeting or at a special meeting for which the notice of such special…
- § 36936 Resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of the city council.
- § 36936.1 The rates of taxes to be levied or the amount of revenue required to be raised by taxation may be fixed either by ordinance or resolution. Where the tax rate…
- § 36937 Ordinances take effect 30 days after their final passage. An ordinance takes effect immediately, if it is an ordinance: (a) Relating to an election. (b) For…
CHAPTER 3. General Powers §§ 37100–37200 · 22 sections
- § 37100 The legislative body may pass ordinances not in conflict with the Constitution and laws of the State or the United States.
- § 37100.5 Except as provided in Section 7282 of the Revenue and Taxation Code, the legislative body of any city may levy any tax which may be levied by any charter city,…
- § 37101 (a) The legislative body may license, for revenue and regulation, and fix the license tax upon, every kind of lawful business transacted in the city, including…
- § 37101.5 Notwithstanding Section 37101, no legislative body shall require a regulatory license or impose a regulatory license or impose a regulatory license fee with…
- § 37101.7 (a) In accordance with the provisions of subdivision (b), the legislative body may license for revenue, and fix the license tax upon, persons who transact in…
- § 37102 The legislative body may use any available funds to provide employment to the city’s destitute or needy unemployed residents.
- § 37103 The legislative body may contract with any specially trained and experienced person, firm, or corporation for special services and advice in financial,…
- § 37104 The legislative body may issue subpenas requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or…
- § 37105 Subpenas shall be signed by the mayor and attested by the city clerk. They may be served as subpenas are served in civil actions.
- § 37106 If any person duly subpenaed neglects or refuses to obey a subpena, or, appearing, refuses to testify or answer any questions which a majority of the…
- § 37107 The judge shall issue an attachment directed to the sheriff of the county where the witness was required to appear, commanding the sheriff to attach the…
- § 37108 On return of the attachment and production of the witness, the judge has jurisdiction.
- § 37109 The right of a witness to purge himself of the contempt and the proceedings, penalties, and punishment shall be the same as if the contempt had been committed…
- § 37110 The legislative body may spend money from the general fund for music and promotion, including promotion of sister city and town affiliation programs.
- § 37110.5 The legislative body may authorize and provide for contributions to nonprofit educational radio and television stations, provided all of the following…
- § 37111 When the legislative body deems it necessary that land purchased for park or other purposes be used for construction of public buildings or creation of a civic…
- § 37111.1 When a legislative body deems it necessary that land purchased in fee for any municipal purpose and subsequently dedicated by use for park purposes should be…
- § 37112 In addition to other powers, a legislative body may perform all acts necessary or proper to carry out the provisions of this title.
- § 37114 If real property is conveyed by a city and it is subsequently determined and mutually agreed by the legislative body of the city and the person to whom the…
- § 37115 The legislative body may, within the powers otherwise conferred by law upon the city, do and perform all acts necessary to enable the city to participate in…
- § 37116 Upon receipt of an application from the governing body of any school district maintaining a school within a city, requesting to borrow funds from the city for…
- § 37200 If the legislative body adopts an annual budget, the budget document shall include the appropriations limit and the total annual appropriations subject to…
CHAPTER 4. Financial Powers §§ 37201–37210 · 10 sections
- § 37201 Demands against the city for money or damages are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of…
- § 37202 Except as provided in Section 37208, the legislative body shall approve or reject demands only after such demands have been audited in the manner prescribed by…
- § 37203 Upon allowing a demand or approving a register of audited demands, the mayor shall draw a warrant or warrants upon the city treasurer specifying the purpose…
- § 37204 When an order or demand is not approved for want of funds and its amount does not exceed the income and revenue for the year in which the indebtedness was…
- § 37205 The clerk shall number the endorsement, register the order or demand in his records, and deliver it to the claimant, or his order. From delivery the order or…
- § 37206 By ordinance or resolution, the legislative body shall prescribe the time and method of paying salaries and wages of officers and employees.
- § 37207 Department heads shall certify or approve departmental pay rolls or attendance records for employees in their departments. The city clerk shall certify or…
- § 37208 (a) Payroll warrants or checks need not be audited by the legislative body prior to payment. Payrolls shall be presented to the legislative body for…
- § 37209 The duties imposed upon the city clerk by this article may be transferred to a director of finance when such office has been established and the powers and…
- § 37210 Newly incorporated cities that have not received revenues from property taxes may issue temporary non-negotiable notes bearing interest at a rate not exceeding…
CHAPTER 5. City Property §§ 37350–37685 · 156 sections
ARTICLE 1. General §§ 37350–37364 · 20 sections
- § 37350 A city may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the common benefit.
- § 37350.5 A city may acquire by eminent domain any property necessary to carry out any of its powers or functions.
- § 37351 The legislative body may purchase, lease, exchange, or receive such personal property and real estate situated inside or outside the city limits as is…
- § 37351.5 (a) Prior to the entering into agreement to finance the lease or lease-purchase of property through the issuance of certificates of participation of lease…
- § 37352 The legislative body may erect and maintain buildings for municipal purposes.
- § 37352.1 After January 1, 1980, with respect to the construction, purchase, or lease of buildings which are located or will be located in a standard metropolitan…
- § 37352.2 The requirements of Section 37352.1 shall be met if the legislative body has obtained from the transportation planning agency approval of its procedures and…
- § 37353 The legislative body may acquire property needed for: (a) Parking motor vehicles. (b) Opening and laying out any street, alley, lane, or tunnel from the point…
- § 37354 The legislative body may accept or reject any gift, bequest, or devise made to or for the city, or to or for any of its officers in their official capacity or…
- § 37355 If the terms of a gift, bequest, or devise do not prescribe or limit the uses to which the property received or the income or increase from it may be put, it…
- § 37356 When the legislative body determines that the public interest or convenience requires the construction and maintenance of passageways or other structures under…
- § 37357 By majority vote the legislative body may grant property owners or proprietors of manufacturing or industrial enterprises the right to construct, maintain, and…
- § 37358 When the State has granted a city tide and submerged lands within its boundaries, it may grant any portion of such lands to the United States for public or…
- § 37359 Unless otherwise provided by law, the legislative body having control of any property owned or controlled by the city may at any time withdraw the property…
- § 37360 The legislative body of any city having jurisdiction over any tide, submerged, or reclaimed lands of the city, which lands or any interest therein are sought…
- § 37361 (a) The legislative body may acquire property for the preservation or development of a historical landmark. The legislative body may also acquire property for…
- § 37361.1 Notwithstanding anything in this chapter to the contrary, the legislative body may convey, upon such terms and conditions as it determines to be in the public…
- § 37362 The Legislature hereby finds that many persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code, cannot afford…
- § 37363 When the legislative body of a city finds the public interest and convenience require the sale for less than the market price of residential property acquired…
- § 37364 (a) The Legislature reaffirms its finding that the provision of housing for all Californians is a concern of vital statewide importance. The Legislature…
ARTICLE 2. Leases §§ 37380–37396 · 18 sections
- § 37380 (a) A city may lease property owned or held or controlled by it, or any of its departments, for not to exceed 55 years. (b) Notwithstanding the 55-year…
- § 37382 A city may lease city land used for agricultural or horticultural purposes upon which sewage or waste water is discharged for not to exceed twenty-five years.
- § 37383 A city may lease city property not acquired for park purposes for not to exceed thirty-five years for the production of minerals, oil, gas, or other…
- § 37384 Except when the state grant specifically provides otherwise, a city may lease tide or submerged lands for not to exceed fifty years.
- § 37385 A city may lease tide and submerged lands, the wharves, docks, piers, and other structures or improvements on these lands, and as much of the uplands abutting…
- § 37386 A city may lease such tide and submerged lands and uplands for: (a) Industrial uses. (b) Improvement and development of city harbors. (c) Construction and…
- § 37387 When the legislative body deems that industrial use of such tidelands and uplands is inimical to the best interest of the city, it may lease them for park,…
- § 37388 A city may lease property owned or held or controlled by it or any of its departments for not to exceed fifty years to any nonprofit corporation for a housing…
- § 37389 A city may lease or sublease property owned, leased, or otherwise controlled by it for not to exceed fifty years for airport purposes or purposes incidental to…
- § 37390 A city may lease sewage and sewage effluent for not to exceed fifty years.
- § 37391 A city or any of its departments may lease or sublease land to the State or any of its political subdivisions, or any nonprofit corporation, for fair,…
- § 37392 A city or any of its departments may lease or sublease land to the state for housing personnel and equipment, or to the State Adjutant General for military or…
- § 37392.1 A city, district, or other public corporation, acting individually or jointly with others, may lease sewers and sewage treatment and disposal facilities, and…
- § 37392.2 Notwithstanding Section 718 of the Civil Code, a city may lease any of its lands to a county, county water authoritiy, or special district for the purpose of…
- § 37393 A lease of an interest in real property of a city shall be recorded in the office of the recorder of the county in which the property is located.
- § 37394 A city or city and county may lease property owned, held or controlled by it for not to exceed 55 years, if the contemplated use of the property is for…
- § 37395 A city may lease for not to exceed 55 years property owned, held, or controlled by it, or any of its departments, for commercial development for business…
- § 37396 (a) A city, county, or city and county may lease property owned, held, or controlled by it for not to exceed 99 years, for stadium, park, recreational, fair,…
ARTICLE 3. Sale of Buildings and Sites §§ 37420–37430 · 11 sections
- § 37420 The provisions of this article are alternative to Sections 37350 and 37351 of this code and any other authority granted by law to cities to dispose of…
- § 37421 When the legislative body of a city finds the public interest and convenience require the sale of any public building and site dedicated to a public use, it…
- § 37422 The resolution shall: (a) Fix a time for hearing protests to the sale. (b) Provide for publication of the notice of hearing. (c) Fix the time final action will…
- § 37423 The resolution shall be published at least once in a daily newspaper published and circulated in the city or, if there is none, the legislative body shall…
- § 37424 At any time prior to final action, any person interested may protest the proposed sale. The protest may be written and delivered to the clerk of the…
- § 37425 If no protests are received or the legislative body overrules the protests by a four-fifths vote of its members, it may proceed with the sale.
- § 37426 If four-fifths of the legislative body do not vote to complete the sale, it shall not take further steps for sale of the property for six months after final…
- § 37427 The legislative body may adopt an ordinance calling and fixing the date of a special election at which the proposition of sale of the property will be…
- § 37428 If a majority of the votes is for the proposition, the legislative body may sell the property.
- § 37429 The legislative body may agree with the purchaser of the property that the city will remain in temporary occupancy after the sale until other arrangements have…
- § 37430 If a legislative body sold property prior to May 23, 1945, by a proceeding substantially complying with this article, the sale is as effective as if it had…
ARTICLE 3.5. Sale and Leases of Airports §§ 37440–37444 · 5 sections
- § 37440 The provisions of this article are alternative to Sections 37350 and 37351 of this code and any other authority granted by law to cities to dispose of…
- § 37441 This article applies only to a municipal airport or property owned by a city for the purposes specified in Section 37442, which property is restricted, under…
- § 37442 Pursuant to this article the legislative body of a city may sell, or lease for a term not exceeding 20 years with an option to purchase, any municipal airport…
- § 37443 In any sale or lease of property with option to purchase, made or entered into pursuant to Section 37442, the purchase price for any property sold or the…
- § 37444 No sale or lease of any property with option to purchase shall be made or entered into pursuant to Section 37442 except when previously authorized by ordinance…
ARTICLE 4. Veterans’ Homes §§ 37460–37468 · 8 sections
- § 37460 As used in this article, “veteran” means a soldier, sailor, airman, guardian, or marine who has served the United States honorably in any of its wars.
- § 37461 A city may provide and maintain homes for veterans. It may also provide and maintain buildings, memorial halls, and meeting places for veterans’ patriotic,…
- § 37462 The legislative body may acquire real or personal property necessary for such buildings, by condemnation or otherwise. It may improve, manage, and control such…
- § 37463 The legislative body may furnish sites for such buildings, and may use any portion of a public lot, block, or park for such purpose.
- § 37464 The legislative body may purchase, lease, construct, furnish, or repair such buildings. It may provide all necessary employees and supplies for the proper…
- § 37466 The legislative body may establish a fund for the purposes of this article, and transfer money from the general fund to such fund as it deems necessary.
- § 37467 The city may incur a bonded indebtedness for the purposes of this article.
- § 37468 To accomplish the objects of this article, the city may combine with the county in which it is situated and hold property and expend money jointly with the…
ARTICLE 5. Assembly or Convention Halls §§ 37500–37506 · 7 sections
- § 37500 Except as otherwise provided in this article, the provisions of Article 1 (commencing with Section 43600) of Chapter 4 of Division 4 apply to all proceedings…
- § 37501 A city may acquire, by condemnation or otherwise, the necessary land and construct and maintain a public assembly or convention hall upon it, and may incur…
- § 37502 The resolution initiating bonding proceedings may be enacted by majority vote of the legislative body.
- § 37503 In addition to other required recitations, the ordinance calling the election shall recite the rate of interest to be paid on the indebtedness.
- § 37504 The ordinance shall be published in a newspaper published in the city, once a day for five days if in a daily paper, or once a week for three successive weeks,…
- § 37505 Money obtained from the use of such building shall be deposited in the city treasury to the credit of the proper fund and applied, in order, to the following…
- § 37506 In cities not having a board of public works, by ordinance the legislative body may appoint a commission to select the site for the building, supervise its…
ARTICLE 6. Museums §§ 37541–37564 · 21 sections
- § 37541 By ordinance, the legislative body may establish a public museum of natural and historical objects in a city where there is none.
- § 37542 Upon receiving a petition signed by one-third of the city electors, the legislative body shall establish a museum in such a city. Where several petitions are…
- § 37543 With the consent of the legislative body, the mayor shall appoint a board of five museum trustees to manage the museum.
- § 37544 The trustees shall hold office for three years, and shall serve without compensation. The members of the first board shall classify themselves by lot so that…
- § 37545 The board of museum trustees shall meet at least once a month at the time and place it fixes by resolution. Three trustees may call a special meeting by…
- § 37546 A majority of the board constitutes a quorum for the transaction of business.
- § 37547 The board shall appoint one of its members president. That member shall serve for one year and until a successor is appointed. In the president’s absence, the…
- § 37548 The board shall cause a proper record of its proceedings to be kept.
- § 37549 At its first meeting the board shall cause a certificate to be filed with the State Superintendent of Public Instruction, showing the date the museum was…
- § 37550 The board may make and enforce all regulations necessary for the administration and protection of the museum and museum property. Violations of such…
- § 37551 If the board determines that the city legislative body has not provided suitable buildings for the museum, it may purchase real property and erect, or rent,…
- § 37552 The board may administer any trust created for the museum. It may receive property situated in or out of the State by gift, devise, or bequest and hold it in…
- § 37553 The board may appoint and prescribe the duties and powers of the curator, secretary, and other officers and employees of the museum. It may determine the…
- § 37554 The board may purchase personal property, including necessary publications and objects of natural or historical value.
- § 37555 The board may borrow objects of natural or historical value from, lend such objects to, and exchange them with, other museums. It may allow nonresidents to…
- § 37556 The board may perform any other act necessary or proper to carry out the provisions of this article.
- § 37560 If payment into the fund is inconsistent with the conditions of a gift, devise, or bequest, the board shall provide for the preservation of the money and its…
- § 37561 Claims upon the fund shall be presented to the board for allowance. Such claims shall be paid as are other claims against the city.
- § 37562 Subject to rules and regulations of the board, the museum shall be free to the inhabitants and nonresident taxpayers of the city.
- § 37563 Unless inconsistent with the terms of its acquisition, the title to property acquired for museum purposes vests in the city. Actions involving the property…
- § 37564 Upon receiving a petition signed by one-half of the city electors, the legislative body may repeal the ordinance establishing the museum. Upon repeal of the…
ARTICLE 7. Hospitals Managed by Board of Hospital Trustees §§ 37600–37625 · 48 sections
- § 37600 This article applies only to cities where a municipal hospital has not been established.
- § 37601 Upon receiving a petition signed by 15 percent of the city electors, the legislative body shall submit to the electors at a general or special election the…
- § 37602 If a majority of the votes cast at the election is for the proposition, the municipal hospital is established.
- § 37603 With the consent of the legislative body, the mayor shall appoint a board of seven hospital trustees to manage the hospital. Trustees may be residents or…
- § 37604 The trustees shall hold office for three years. The members of the first board shall classify themselves by lot so that the terms of two trustees expire at the…
- § 37604.1 The board of trustees shall serve without compensation except that the city council, by resolution adopted by a majority vote of the members of the city…
- § 37604.2 Notwithstanding any other provision of law, the term of any member of the board of trustees shall expire if he or she is absent from three consecutive regular…
- § 37605 The board of hospital trustees shall meet at least once a month at the time and place it fixes by resolution. The president, or in the absence of the…
- § 37606 (a) Except as provided in this section or Section 37624.3, all of the sessions of the board of trustees, whether regular or special, shall be open to the…
- § 37606.1 (a) When a municipal hospital established pursuant to this article is managed by a board of trustees that is appointed by the mayor, the city council may meet…
- § 37607 The board shall appoint one of its members president. That member shall serve for one year and until a successor is appointed. In the president’s absence, the…
- § 37608 The board shall cause a proper record of its proceedings to be kept.
- § 37609 The board may make and enforce all regulations necessary for the administration, protection, and maintenance of the hospital and hospital property.
- § 37609.1 (a) The rules of the hospital, established by the board of trustees pursuant to this article, shall include all of the following: (1) Provision for the…
- § 37610 The board may establish a nurses’ training school in connection with the hospital, prescribe a course of study, and provide for the issuance of diplomas to…
- § 37611 The board may purchase any property necessary for equipping a hospital and nurses’ home.
- § 37612 If the board determines that the city legislative body has not provided suitable buildings for the hospital, it may purchase real property and erect, or rent,…
- § 37612.1 Except as provided in this section, by resolution, the board of trustees of a municipal hospital may authorize the disposition of any surplus property of the…
- § 37612.2 (a) Notwithstanding any other provision of law, a municipal hospital, or any affiliated nonprofit corporation upon a finding by the board of trustees of the…
- § 37612.3 Notwithstanding any other provision of law, upon a recommendation by the board of trustees and upon a finding by the city council that it will be in the best…
- § 37613 The board may administer any trust created for the hospital. It may receive property situated in or out of the State by gift, devise, or bequest and hold it in…
- § 37614 The board may prescribe the duties and powers of the hospital administrator, secretary, and other officers and employees of the hospital. The officers and…
- § 37614.1 Notwithstanding any other provision of this division, a municipal hospital may enter into a contract of employment with a hospital administrator, the duration…
- § 37615 The board may perform any other act necessary to carry out the provisions of this article, including any thing which an individual might do which is necessary…
- § 37615.1 Each local municipal hospital shall have and may exercise the following powers: (a) To purchase, receive, have, take, hold, lease, use, and enjoy property of…
- § 37615.2 The board of trustees may purchase real property, and erect or rent and equip those buildings or building, room or rooms as may be necessary for the hospital.
- § 37615.3 The board of trustees shall be responsible for the operation of all hospitals owned or leased by the city, according to the best interests of the public health…
- § 37615.4 The board of trustees, with the consent of the city council, may provide for the operation and maintenance through tenants of the whole or any part of any…
- § 37615.5 (a) The board of trustees may do any of the following when it determines that the action is necessary for the provision of adequate health services to the…
- § 37615.6 Notwithstanding the provisions of the Medical Practice Act, the board of trustees may contract with physicians and surgeons, health care provider groups, and…
- § 37615.7 The municipal hospital may maintain membership in any local, state, or national group or association organized and operated for the promotion of the public…
- § 37615.8 The board of trustees may, by resolution, change the name of the municipal hospital. The change in the name of the municipal hospital shall be effective upon…
- § 37616 On or before July 31st in each year, the board shall report to the legislative body the condition of the hospital on June 30th preceding, with a statement of…
- § 37617 If other provision has not been made for maintenance of the hospital, the legislative body may levy a special tax, pursuant to Article 3.5 (commencing with…
- § 37618 Instead of the tax levy, the city legislative body may raise the necessary funds by a bond issue pursuant to Article 1 (commencing with Section 43600) of…
- § 37618.1 Exclusively for the purpose of securing state insurance of financing for the construction of new health facilities, the expansion, modernization, renovation,…
- § 37618.2 A municipal hospital may borrow money and incur indebtedness in an amount not to exceed 85 percent of all estimated income and revenue for the current fiscal…
- § 37618.3 All certificates of indebtedness or other evidence of indebtedness shall be issued after the recommendation by a three-fifths vote of the board of trustees of…
- § 37618.4 (a) A municipal hospital may, by resolution adopted by a majority of the board of trustees, issue negotiable promissory notes to acquire funds for any…
- § 37619 The revenue derived from the tax and money otherwise acquired for hospital purposes shall be placed in the hospital fund and expended for the purposes of this…
- § 37620 If payment into the fund is inconsistent with the conditions of any gift, devise, or bequest, the board shall provide for the preservation of the money, and…
- § 37621 The board may issue warrants for payments from the fund after due audit. The president and secretary of the board shall sign the warrants.
- § 37622 The city treasurer shall pay the warrants without further order.
- § 37623 Unless inconsistent with the terms of its acquisition, the title to property acquired for hospital purposes vests in the city. Actions involving the property…
- § 37624 The board of trustees shall adopt reasonable rules and regulations, or bylaws, providing for appellate review of any action, decision, or recommendation of the…
- § 37624.2 The governing body or the hearing officer, if one is appointed, shall have the same power with respect to the issuance of subpoenas and subpoenas duces tecum…
- § 37624.3 The governing body of the hospital may order that the hearing pursuant to this article, and hearing on the reports on the hospital medical audit or quality…
- § 37625 (a) A member of a municipal hospital’s medical or allied health professional staff who is an officer of the municipal hospital shall not be deemed to be…
ARTICLE 8. Hospitals Managed by City Legislative Body §§ 37650–37660 · 13 sections
- § 37650 This article applies only to cities where a municipal hospital has not been established.
- § 37650.1 Except as provided in this article, any hospital managed by a city legislative body and organized under this article shall have and may exercise any of the…
- § 37650.2 (a) A city legislative body which operates a municipal hospital pursuant to this article shall meet as the hospital governing body at least once a month at the…
- § 37651 Upon receiving a petition signed by 15 percent of the city electors, the legislative body may submit to the electors at a general or special election the…
- § 37652 If a majority of the votes cast at the election is for the proposition, the municipal hospital is established.
- § 37653 The legislative body may acquire real or personal property and construct and equip such buildings as it deems necessary and suitable for the conduct of the…
- § 37654 The legislative body may maintain the hospital or provide for its operation and maintenance by tenants. The legislative body may enter into leases of all or…
- § 37655 The legislative body may prescribe rules for the administration of the hospital and the terms upon which patients may be admitted to it.
- § 37656 (a) The legislative body may appoint and fix the compensation of physicians, surgeons, and necessary officers and employees of the hospital. Officers and…
- § 37657 In receiving a money donation, the city may agree to pay the donors interest not exceeding 7 percent a year upon the principal during the lifetime of the…
- § 37658 The indebtedness shall be incurred and interest paid pursuant to Article 1 (commencing with Section 43600) of Chapter 4 of Division 4. The ordinance calling…
- § 37659 The city may incur a bonded indebtedness pursuant to Article 1 (commencing with Section 43600) of Chapter 4 of Division 4, for the acquisition of real or…
- § 37660 Annually the legislative body shall levy and collect a property tax for: (a) The maintenance of the hospital. (b) The payment of interest upon any indebtedness…
ARTICLE 9. Cemeteries §§ 37681–37685 · 5 sections
- § 37681 The city legislative body may acquire and maintain cemeteries, situated outside or inside of the city.
- § 37682 The legislative body may accept contributions of at least fifty dollars ($50) to be held in trust and the income used for the perpetual care of designated…
- § 37683 The legislative body shall appoint the city clerk or a competent resident of the city to administer the fund. The person appointed shall execute an official…
- § 37684 Money remaining in the fund after expenditures for care of the plots and payment to the person administering the fund shall be used for care of the roads,…
- § 37685 If the city disincorporates, the trust fund shall be turned over to the board of supervisors of the county in which the cemetery is located. The board of…
CHAPTER 7. Park and Playground Act of 1909 §§ 38000–38011 · 5 sections
- § 38000 This chapter may be cited as the Park and Playground Act of 1909.
- § 38001 This chapter shall be liberally construed to promote its objects.
- § 38002 As used in this chapter, “improvement” includes a public park, urban open-space lands, playground, or library.
- § 38010 When the public interest or convenience requires, the legislative body may acquire by condemnation land situated in the city for improvements.
- § 38011 The Improvement Act of 1911, the Municipal Improvement Act of 1913, and the Improvement Bond Act of 1915 may be used by a city for any improvement.
CHAPTER 8. Parks Outside City Limits §§ 38300–38304 · 4 sections
- § 38300 City officers have the same jurisdiction over city-owned parks, boulevards, golf courses, and playgrounds situated outside the city limits, over streets…
- § 38302 The city legislative body may grant franchises for the building and operation of railroads from any point in, or at the exterior boundary of, the city to, in,…
- § 38303 Except as otherwise provided in Section 38302, such franchises shall be granted pursuant to Part 4, Title 4, Division 1, of the Civil Code and Chapter 578 of…
- § 38304 The legislative body of any city may lay out, open, construct, maintain, and control all roads, streets, and boulevards necessary or requisite for the purpose…
CHAPTER 9. Discontinuance of Parks §§ 38400–38510 · 45 sections
ARTICLE 1. Parks Dedicated by Original Town Site Map or Plat §§ 38400–38418 · 19 sections
- § 38400 As used in this article, “original dedicator” includes any person, or that person’s successors and assigns, who has dedicated any land in the city for use as a…
- § 38401 “Abutting property” includes any property adjoining, or fronting on the park.
- § 38402 As used in this article, “interested person” means any person owning an interest in the park or the land embraced within it as reversioner, remainderman,…
- § 38403 The legislative body may abandon a park and sell the land comprising it pursuant to this article when: (a) A plat or map of a town site has been recorded in…
- § 38404 Proceedings are initiated when the legislative body adopts a resolution of intention, describing the park and the property to be acquired from the sale…
- § 38405 The resolution shall be published once a week for at least the three weeks before the day fixed for final action, in a newspaper of general circulation…
- § 38406 At the time fixed, the legislative body shall meet and hear and pass on protests to abandonment of the park. Any interested person may protest at the meeting.…
- § 38407 If the original dedicator or the owners of a majority of the lots abutting on the park protest in writing, or the legislative body sustains the protests made…
- § 38408 If the original dedicator does not protest, the majority of such owners do not protest in writing, and the other protests are overruled, the legislative body…
- § 38409 Upon ordering the park abandoned, the legislative body shall appoint and fix the compensation of three appraisers to assess the damages to abutting property…
- § 38410 The appraisers shall proceed with diligence to determine the damages which will result to each parcel of abutting property, and file a written report of their…
- § 38411 Without delay the clerk shall give notice of the filing, stating the time and place the report will be considered by the legislative body, and require any…
- § 38412 The notice shall be published for at least two weeks before the meeting in a newspaper published in the city, or if there is none, it shall be posted in three…
- § 38413 At the time fixed, the legislative body shall pass on the report and any objections that are made to it. The legislative body may confirm, correct, or modify…
- § 38414 Upon adoption of the report, warrants shall be drawn in favor of the owners to whom damages are allowed in the amount specified in the report. The warrants are…
- § 38415 The legislative body may employ and fix the compensation of such legal or other assistants as it deems necessary to sell the land for the best advantage to the…
- § 38416 The legislative body may determine when and at what price or terms the land or any part of it will be sold. Credit terms shall not exceed four years, and…
- § 38417 When authorized by a majority vote of the legislative body, the mayor and clerk shall sign, acknowledge, and deliver a deed to the land in the name and under…
- § 38418 The sale proceeds shall be deposited in the city treasury in a special fund and used exclusively for the payment of damages and the purchase and improvement of…
ARTICLE 2. Parks Dedicated by City §§ 38440–38462 · 16 sections
- § 38440 A city may discontinue and abandon the use as a public park of any land owned in fee by it and dedicated or placed in such use by such city, and thereafter…
- § 38441 Without a special election, the legislative body may convey a minor portion of such a park in exchange for an equal or greater area or value of privately owned…
- § 38442 Except as provided in Section 38441, this article shall not be construed to authorize: (a) A discontinuance and abandonment, or change in the use, of such…
- § 38443 Proceedings are initiated when the legislative body adopts a resolution declaring that public interest or convenience requires the discontinuance of the use of…
- § 38444 The resolution shall: (a) Contain an accurate description of the lands. (b) State the common name of the park. (c) State the disposition which the legislative…
- § 38445 The city clerk shall cause the resolution to be published twice in a daily newspaper published and circulated in the city, or if there is none, twice in a…
- § 38446 The park superintendent or another person designated by the legislative body shall cause at least three notices of the adoption of the resolution to be posted…
- § 38447 The posted notices shall be headed: “Notice of proposed discontinuance of public park land” in legible characters, state the date of adoption of the…
- § 38448 At any time before the hour set for the hearing, any person or persons interested may protest in writing against the proposed abandonment and discontinuance,…
- § 38449 At the time set for the hearing or to which it is postponed, the legislative body shall hear and pass upon all such protests.
- § 38450 Protests are sustained unless overruled by two-thirds vote of the legislative body. The legislative body may sustain protests as to one portion, and overrule…
- § 38451 If a majority of the electors voting on the proposition are in favor of it, the legislative body shall adopt an ordinance declaring that use of the land…
- § 38452 If less than a majority of such electors vote for it, the legislative body shall not initiate proceedings for discontinuance of the use of such land for park…
- § 38460 When the ordinance becomes effective, the land described in it is deemed held by the city in fee. The city may sell or otherwise dispose of the property in the…
- § 38461 If the land was acquired by money derived from bonds authorized for park purposes, and the land sold, the reasonable market value of the land at the time of…
- § 38462 Except as permitted by general laws allowing diversions of bond funds, money so transferred shall be devoted only to the purposes for which the bonds were…
ARTICLE 3. Municipal Park Abandonment Law of 1939 §§ 38501–38510 · 10 sections
- § 38501 The legislative body may abandon all or any portion of a park and sell the land comprising it pursuant to this article, if it finds that all or any portion of…
- § 38502 If the land comprising all or any part of such park has been purchased from funds realized from the sale of bonds of a bond issue authorized for the purpose of…
- § 38503 Before abandoning all or a part of such park, the legislative body shall adopt a resolution of intention, describing the park or the portion of it proposed to…
- § 38504 The resolution shall be published pursuant to Section 6063 in a newspaper of general circulation published in the city or, if there is none, in any newspaper…
- § 38505 At the time stated in the resolution, the legislative body shall meet, and hear and pass on objections to the abandonment of all or a portion of the park. If…
- § 38506 If all objections are overruled, the legislative body has jurisdiction to order all or any portion of the park abandoned and the land sold.
- § 38507 The legislative body may employ any legal or other assistants that it deems necessary to sell the land for the best advantage of the city, and may fix and pay…
- § 38508 The legislative body may order the land sold in one block or in lots or parcels, for cash or on credit, as it deems most advantageous to the city. Credit terms…
- § 38509 When authorized by a majority vote of the legislative body, the mayor and the city clerk shall sign, acknowledge, and deliver a deed to the land or part sold…
- § 38510 No abandonment or sale of a park pursuant to this article shall affect any private easement or other right in lands acquired or owned by any private person or…
CHAPTER 10. Health and Safety §§ 38600–38794 · 59 sections
ARTICLE 1. Fire Protection §§ 38600–38611 · 3 sections
- § 38600 The legislative body of a city may provide fire engines and all other necessary or proper apparatus for the prevention and extinguishment of fires.
- § 38601 The legislative body of a city may: (a) Establish and maintain fire limits. (b) Regulate building and construction and removal of buildings within the city.
- § 38611 The legislative body of a city organized under general law shall establish a fire department for the city. The fire department shall be under the charge of a…
ARTICLE 2. Police Protection §§ 38630–38638 · 7 sections
- § 38630 (a) The police department of a city is under the control of the chief of police. (b) In municipalities which provide for police and other emergency services…
- § 38631 The legislative body of a city may delegate to either the chief of police of the city or the city manager the authority to: (a) Appoint one or more police…
- § 38634 In every city having a regularly organized paid police force, the city legislative body or other body having the management and control of the police force…
- § 38635 Leaves of absence shall be so arranged as not to interfere with the police protection of the city.
- § 38636 Leaves of absence granted for sickness or injuries received in the discharge of duty are not a part of the annual leave of absence.
- § 38637 A deduction shall not be made from the pay of any police officer granted leave of absence pursuant to this article.
- § 38638 The mayor or other officer in control of the police force in a city shall direct a sufficient number of peace officers to attend and keep order at any public…
ARTICLE 3. Building Ordinances § 38660 · 1 section
- § 38660 The legislative body of a city may: (a) Regulate the construction of and the materials used in all buildings, chimneys, stacks, and other structures and in…
ARTICLE 5. Water §§ 38730–38745 · 16 sections
- § 38730 A city may acquire by gift, purchase, or condemnation, water, water rights, reservoir sites, rights of way for pipes, aqueducts, flumes, or other conduits, and…
- § 38731 Two or more cities may jointly acquire and develop a source of water supply for municipal and domestic purposes and construct the works necessary for their…
- § 38732 When a city legislative body deems it advisable to investigate the desirability of joint action with any other city for acquiring and maintaining a water…
- § 38733 The commissioners from the several cities shall meet and consider the desirability of the joint acquisition and development of a water supply and the plans and…
- § 38734 If the legislative bodies approve the plans and terms reported by the commissioners, they shall declare their approval by resolution and submit them to the…
- § 38735 If the terms and plans are approved by a majority of the voters voting on the proposition at the election, the cities may begin developing or acquiring the…
- § 38736 Any city may issue bonds to complete the acquisition of a water supply jointly with other cities. All proceedings relating to the issue of such bonds shall be…
- § 38737 Joint ownership and costs shall be restricted to those portions of the sources and works which are common to all the cities served. Each city shall exclusively…
- § 38738 The apportionment of all costs of acquisition, construction, operation, and maintenance of the joint properties shall be made upon the basis of the amount of…
- § 38739 The total costs of works which exclusively serve one city shall be borne by that city exclusively.
- § 38740 The plans and terms or other agreement for acquiring the water supply may be modified by agreement between the cities, as declared by the legislative bodies.
- § 38741 Before a resolution or ordinance relating to the joint acquisition of a water supply is binding upon a city, it shall be approved by the mayor or passed over…
- § 38742 The legislative body of any city may: (a) Contract for supplying the city with water for municipal purposes. (b) Acquire, construct, repair, and manage pumps,…
- § 38743 A city may, pursuant to the notice, protest, and hearing procedures in Section 53753, fix, on or before the first day of July in each calendar year, an annual…
- § 38744 If any water standby charge authorized to be collected pursuant to Section 38743 remains unpaid on the first day of the month before the month in which the…
- § 38745 Notwithstanding any other provision of law, the city council of a city may, by resolution, establish zones or areas of benefit within the city for purposes of…
ARTICLE 5.5. Transfer of City Waterworks Systems §§ 38750–38759 · 10 sections
- § 38750 Any city which owns and operates a waterworks system, or any part of such a system, may sell, lease, or otherwise transfer the control or management of the…
- § 38751 If the legislative body of the city determines that it is for the best interests of the city to sell, lease, or otherwise transfer the control or management of…
- § 38752 The ordinance shall specify the price, the yearly or monthly rental, or if the transfer and control of the waterworks system is to be made upon terms, the…
- § 38753 The ordinance shall also state such conditions and stipulations as the legislative body determines necessary to a proper understanding of the transaction, and…
- § 38754 The ordinance shall be published weekly for at least four weeks in a newspaper published in the city, or if there is no such newspaper it shall be posted in…
- § 38755 The ordinance is subject to referendum in the same manner as other ordinances.
- § 38756 The sale, lease, or transfer on terms shall be for a valuable consideration, which shall be agreed upon between the legislative body of the city and the board…
- § 38757 The contract or deed shall be executed on behalf of the city by its mayor.
- § 38758 If the transaction is a sale, either for cash or after the completion of installment payments, the deed conveys to the municipal water district the full title…
- § 38759 If an action or proceeding is brought in any court by the city, or any taxpayer or other person on its behalf, or by any person having an interest in the…
ARTICLE 6. Nuisances §§ 38771–38775 · 10 sections
- § 38771 By ordinance the city legislative body may declare what constitutes a nuisance.
- § 38772 (a) The legislative body of a city, county, or city and county may provide for the summary abatement of any nuisance resulting from the defacement of the…
- § 38773 The legislative body may provide for the summary abatement of any nuisance at the expense of the persons creating, causing, committing, or maintaining it and…
- § 38773.1 (a) The legislative body may by ordinance establish a procedure to collect abatement and related administrative costs by a nuisance abatement lien. This…
- § 38773.2 (a) The legislative body of a city, county, or city and county may, by ordinance, establish a procedure to collect abatement and related administrative costs…
- § 38773.5 (a) As an alternative to the procedure authorized by Section 38773.1, the legislative body may by ordinance establish a procedure for the abatement of a…
- § 38773.6 (a) As an alternative to the procedure specified in Section 38773.2, the legislative body of a city, county, or city and county may, by ordinance, establish a…
- § 38773.7 The legislative body, by ordinance, may provide that upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an…
- § 38774 The legislative body may: (a) Regulate the exhibition, posting, or carrying of banners, placards, posters, cards, pictures, signs, or advertisements in or on…
- § 38775 The legislative body may prohibit and prevent encroachments upon or obstruction in or to any sidewalks, street, alley, lane, court, park, or other public place…
ARTICLE 6.5. Reports of Residential Building Records §§ 38780–38785 · 6 sections
- § 38780 A city by ordinance may provide that prior to the sale or exchange of any residential building, the owner or the owner’s authorized agent shall obtain from the…
- § 38781 The report of residential building record shall be delivered by the owner, or the authorized agent of the owner, to the buyer or transferee of the residential…
- § 38782 The ordinance may require payment of a reasonable fee by the owner, or the owner’s authorized agent, for the issuance of the reports.
- § 38783 The ordinance shall provide that it shall be unlawful for the owner of a residential building to sell or exchange same without first having obtained and…
- § 38784 This article shall not apply to the first sale of a residential building located in a subdivision whose final map has been approved and recorded in accordance…
- § 38785 No sale or exchange of residential property shall be invalidated solely because of the failure of any person to comply with any provision of an ordinance…
ARTICLE 7. Miscellaneous §§ 38790–38794 · 6 sections
- § 38790 By gift, purchase, or condemnation any city may acquire land within the county where the city is located for garbage disposal sites and rights of way for…
- § 38790.1 Any city collecting garbage fees or charges may collect delinquent fees or charges in the manner provided in Section 25831 for counties.
- § 38791 By ordinance the legislative body of a city may provide for a chief executive who, during periods of great public calamity such as extraordinary fire, flood,…
- § 38792 (a) The legislative body of a city may impose and collect a license fee for a period not to exceed two years and not exceeding the cost of services relating to…
- § 38793 As a means of implementing a municipal underground utility district formed to remove existing overhead utility lines and to require property owners of the…
- § 38794 The legislative body of a city may contract for ambulance service to serve the residents of the city as convenience requires.
CHAPTER 11. Sewers Generally §§ 38900–38902 · 3 sections
- § 38900 A city legislative body may construct, establish, and maintain drains and sewers.
- § 38901 A city may reclaim public and private lands therein by levees, bulkheads, breakwaters, fills, embankments, basins, drains, canals, excavations, sluices, pipes,…
- § 38902 A city may, pursuant to the notice, protest, and hearing procedures in Section 53753, fix an annual sewer service standby or immediate availability charge to…
CHAPTER 13. Weed and Rubbish Abatement §§ 39501–39588 · 36 sections
ARTICLE 1. General §§ 39501–39502 · 2 sections
- § 39501 The legislative body may compel the owner, lessee, or occupant of buildings, grounds, or lots to remove dirt, rubbish, weeds, and rank growths from buildings…
- § 39502 By ordinance the legislative body may: (a) Require and provide for the removal of grass, weeds, or other obstructions from the sidewalks, parkings, or streets…
ARTICLE 2. Alternative Procedures §§ 39560–39588 · 34 sections
- § 39560 (a) “Superintendent” means street superintendent, the superintendent’s assistants and deputies, or other public officer designated by the legislative body to…
- § 39561 The legislative body may declare by resolution as public nuisances, and abate: (a) All weeds growing upon the streets, sidewalks, or private property in the…
- § 39561.5 “Weeds,” as used in this article, includes any of the following: (a) Weeds which bear seeds of a downy or wingy nature. (b) Sagebrush, chaparral, and any other…
- § 39562 The resolution shall: (a) Refer to the street by its commonly known name. (b) Describe the property upon which or in front of which the nuisance exists by…
- § 39562.1 At the time it adopts the resolution as provided for by Sections 39561 and 39562, the legislative body may also find and declare that weeds on specified…
- § 39562.2 In any case where cities are authorized to abate weeds pursuant to the provisions of this chapter and where the legislative body finds and declares that weeds…
- § 39563 Any number of streets, sidewalks, or parcels of private property may be included in one resolution.
- § 39564 After passage of the resolution, the superintendent shall cause notices to be conspicuously posted on or in front of the property on or in front of which the…
- § 39565 The heading of the notices shall be “Notice to destroy weeds and remove rubbish, refuse, and dirt” in letters not less than one inch in height.
- § 39566 The notice shall be substantially in the following form: NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE, AND DIRT Notice is hereby given that on the ____…
- § 39567 The notices shall be posted at least five days prior to the time for hearing objections by the legislative body.
- § 39567.1 As an alternative to posting notice of the resolution and notice of the meeting when objections will be heard, the legislative body may direct the city clerk…
- § 39568 At the time stated in the notices, the legislative body shall hear and consider all objections to the proposed removal of weeds, rubbish, refuse, and dirt. It…
- § 39569 By motion or resolution at the conclusion of the hearing the legislative body shall allow or overrule any objections. At that time the legislative body…
- § 39570 The decision of the legislative body is final.
- § 39571 If objections have not been made or after the legislative body has disposed of those made, it shall order the superintendent to abate the nuisance by having…
- § 39572 The superintendent may enter upon private property to abate the nuisance.
- § 39573 Before the superintendent arrives, any property owner may remove the weeds, rubbish, refuse, and dirt at the owner’s own expense. Nevertheless, in any case in…
- § 39574 The superintendent shall keep an account of the cost of abatement in front of or on each separate parcel of land where the superintendent performs the work.…
- § 39575 A copy of the report shall be posted for at least three days prior to its submission to the legislative body on or near the chamber door of the legislative…
- § 39576 At the time fixed for receiving and considering the report, the legislative body shall hear it with any objections of the property owners liable to be assessed…
- § 39576.5 Abatement of the nuisance may in the discretion of the legislative body be performed by contract awarded by the legislative body on the basis of competitive…
- § 39577 The cost of abatement in front of or upon each parcel of land and the costs incurred by the responsible agency in enforcing abatement upon the parcels,…
- § 39578 Except as provided in Section 39577, after confirmation of the report, a copy shall be given to the county auditor, who shall add the amount of the assessment…
- § 39579 Except as provided in Section 39577, if the county assessor and the tax collector assess property and collect taxes for the city, a certified copy of the…
- § 39580 The county auditor shall enter each assessment on the county tax roll opposite the parcel of land.
- § 39581 The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same…
- § 39582 As an alternative method the county tax collector in his discretion may collect the assessments without reference to the general taxes by issuing separate…
- § 39583 Laws relating to the levy, collection, and enforcement of county taxes apply to such special assessment taxes.
- § 39584 The superintendent may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report and until 10 days…
- § 39585 The legislative body may order refunded all or part of a tax paid pursuant to this article if it finds that all or part of the tax has been erroneously levied.…
- § 39586 If the legislative body finds that property damage was caused by the negligence of a city officer or employee in connection with the abatement of a nuisance…
- § 39587 The proceedings provided by this article are an alternative to any procedure established by ordinance pursuant to Article 1 (commencing with Section 39500).
- § 39588 The lien of said assessment shall have the priority of the taxes with which it is collected.
CHAPTER 14. Municipal and Public Utilities §§ 39730–39794 · 10 sections
ARTICLE 1. General §§ 39730–39732 · 5 sections
- § 39730 The legislative body shall require every residential unit in an apartment house or similar multiunit residential structure, condominium, and mobilehome park…
- § 39731 By gift, purchase, or eminent domain, a legislative body may acquire any existing ferry system, including any franchise or license, boats and vessels, land and…
- § 39731.1 The legislative body, in connection with the acquisition or otherwise, may contract with any person, firm, or corporation for the operation or management of…
- § 39731.2 Neither the State nor any subdivision, authority, or agency thereof, nor any public corporation, district, or authority, shall construct or operate any bridge,…
- § 39732 The legislative body may: (a) Acquire, own, construct, maintain, and operate bus lines, street railways, steam railway spur tracks, telephone and telegraph…
ARTICLE 2. Facilities in Aid of Public Utilities §§ 39790–39794 · 5 sections
- § 39790 As used in this article, “facility” means any works, road, railroad, tramway, power plant, telegraph or telephone line, or other necessary works or structures.
- § 39791 A city may construct, equip, use, maintain, and operate any facility, within or without the city or the county where the city is located, for the preparation,…
- § 39792 For the purpose of constructing, equipping, using, maintaining, or operating any facility, the city may lease or acquire by purchase, condemnation, or…
- § 39793 When authorized by a two-thirds vote of the members of its legislative body at a regular meeting, a city, for the purpose of breaking, crushing, or otherwise…
- § 39794 This article does not extend or enlarge any limitation prescribed by law or charter upon taxation, expenditure of public funds, or the incurring of…
CHAPTER 15. Rivers, Streams, and Harbors §§ 39900–39965 · 16 sections
ARTICLE 1. General §§ 39900–39901 · 2 sections
- § 39900 When a city legislative body determines that it is beneficial to the city and if an equal or greater sum of money has been made available from private sources,…
- § 39901 A city whose limits include or bound upon a harbor, bay, estuary, or other navigable body of water may: (a) Establish, acquire, construct, improve, and…
ARTICLE 2. Establishment of Harbor Lines by Cities Generally §§ 39930–39938 · 9 sections
- § 39930 As used in this article: (a) “Navigable water” includes a harbor, bay, inlet, and estuary. (b) “Tidelands” includes submerged lands. (c) “Owns tidelands” means…
- § 39931 By ordinance a city which owns tidelands situated within the city boundaries and fronting on a navigable water within the city boundaries may fix and establish…
- § 39932 A city may exercise such power to the same extent which the State may exercise it or to which the State can grant such power to a city. Harbor lines shall not…
- § 39933 All navigable waters situated within or adjacent to city shall remain open to the free and unobstructed navigation of the public. Such waters and the water…
- § 39934 To secure the benefits of this article and of Article XV of the Constitution to such city and to the people generally, a city in which a navigable water is…
- § 39935 The authority granted by this article may be exercised by a city over, along, or upon the water frontage or tidelands which it owns or which one claimed or…
- § 39936 City ordinances for the laying out, establishing, opening, constructing, maintaining, or otherwise improving of public streets and other public rights of way…
- § 39937 When by ordinance a city declares that any right of way to a body of navigable water in the city over, upon, or along the frontage of city tidelands is…
- § 39938 Ordinances of a city owning tidelands fronting on a navigable water situated within the city boundaries which were adopted prior to August 10, 1913, and which…
ARTICLE 3. Powers §§ 39961–39965 · 5 sections
- § 39961 The legislative body may: (a) Improve the rivers and streams flowing through or adjoining the city, widen, straighten, and deepen their channels, and remove…
- § 39962 It may also acquire, own, construct, maintain, and operate wharves, chutes, piers, breakwaters, bathhouses, and life saving stations on lands bordering on a…
- § 39963 Pursuant to contract and through its legislative body, a city may join with another city of the same class or with a county in: (a) Acquiring an existing ferry…
- § 39964 Each contracting party may pay its proportionate share of the cost of acquiring and operating the ferry out of its general fund.
- § 39965 In the discretion of the legislative bodies of the contracting parties, the ferry may be operated either as a toll or free ferry.
CHAPTER 16. Advertising §§ 40100–40103 · 3 sections
- § 40100 By ordinance the legislative body may appropriate a sum for a city publicity or advertising fund.
- § 40102 The money appropriated may be used in the manner and for the purposes recited in the ordinance making the appropriation.
- § 40103 This chapter is alternative to any other statute giving similar powers.
CHAPTER 17. Census §§ 40200–40236 · 13 sections
ARTICLE 1. General §§ 40200–40205 · 6 sections
- § 40200 Pursuant to this article, the legislative body may take a census of the city between the years of taking the federal census. That census shall be validated by…
- § 40201 By resolution, the legislative body may declare its intention to cause a census to be taken by suitable persons appointed by it and at the city’s expense.
- § 40202 The census of all the inhabitants shall be taken by the appointed persons.
- § 40203 The persons taking the census shall enumerate all the inhabitants of the city.
- § 40204 When completed, the census shall be verified before any officer authorized to administer oaths, and filed with the city clerk.
- § 40205 Upon receipt of the verified census, the clerk shall make a certified copy. Thereafter it is the official census of the city.
ARTICLE 2. Special Census §§ 40230–40236 · 7 sections
- § 40230 For the purpose of determining where county offices shall be established, a city legislative body may establish the population of the city pursuant to this…
- § 40231 The Legislative body may adopt a resolution providing that a census be taken in the city to establish the population in years other than those in which a…
- § 40232 The ordinance shall prescribe the rules and regulations for taking the census to insure an accurate count of the inhabitants of the city.
- § 40233 Census takers shall be appointed by the legislative body and sworn to faithfully perform their duties. All reports of the census takers shall be sworn to…
- § 40234 The city clerk shall prepare a certified copy of the final census report. Thereafter it is the official census of the city for the purposes of this article.
- § 40235 The expense of taking the census is a city charge.
- § 40236 For the purposes of this article, any enumeration of population made by the United States Bureau of Census in any year other than that in which a decennial…
CHAPTER 18. Public Works §§ 40401–40473 · 8 sections
ARTICLE 1. General §§ 40401–40404 · 3 sections
- § 40401 In its discretion the legislative body may expend the ordinary annual city income to pay all or part of the cost of work to: (a) Establish, build, and repair…
- § 40403 When the legislative body deems it necessary for the city to construct a bridge connecting the city with an adjoining road district and it is necessary in…
- § 40404 The legislative body may acquire private property by condemnation or otherwise when it is necessary to take or damage such property for: (a) Establishing,…
ARTICLE 2. Drawbridges § 40460 · 1 section
- § 40460 When public necessity requires, a city may erect and maintain drawbridges across navigable streams that flow through or penetrate the city boundaries.
ARTICLE 3. Sidewalks §§ 40470–40473 · 4 sections
- § 40470 The legislative body of a general law city may impose a sidewalk installation charge pursuant to this article. The charge shall not exceed three dollars ($3)…
- § 40471 The special charge described in Section 40470 shall only be imposed pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division…
- § 40472 The legislative body may provide that such charge shall be collected with, and not separately from, the charges for any utility service provided by the city…
- § 40473 Any special charge imposed under this article, exclusive of the cost of collection, shall be used only for the acquisition of rights-of-way for, and the…
CHAPTER 19. Surplus United States Property §§ 40500–40592 · 80 sections
ARTICLE 1. Title and Policy §§ 40500–40502 · 3 sections
- § 40500 This chapter shall be known as the Municipal Federal Surplus Property Authority Law.
- § 40501 It is hereby declared to be the policy of the State that to promote the public interest, economy, health, safety, education and general welfare of the cities,…
- § 40502 Such authority, when created, shall constitute a public corporation.
ARTICLE 2. Definitions §§ 40506–40518 · 12 sections
- § 40506 Unless the provision or the context otherwise requires, the definitions set forth in this article govern the construction of this chapter.
- § 40507 “Authority” means a surplus property authority created pursuant to this chapter.
- § 40508 “Local agency” means city, city and county, or county which creates the authority.
- § 40509 “Clerk” means the clerk of the authority.
- § 40510 “Contract” means a contract entered into by the authority for the purchase or other acquisition of surplus real property under the Federal Property and…
- § 40511 “Commission” means the legislative body of the authority.
- § 40512 “Commissioner” means a member of the commission.
- § 40513 “Legislative body” means the city council or other legislative body of the local agency.
- § 40515 “Person” includes any individual, firm, copartnership, association, corporation, trust, business trust or receiver or trustee or conservator for any thereof.
- § 40516 “President” means the presiding officer of the commission.
- § 40517 “Property” means any real property acquired pursuant to the Federal Property and Administration Services Act of 1949, or other federal law.
- § 40518 “Treasurer” means the fiscal officer of the authority.
ARTICLE 3. Surplus Property Authority §§ 40520–40529 · 10 sections
- § 40520 There is, in each city, city and county, or county of the State, a public corporation known as the “surplus property authority” of the city, city and county,…
- § 40521 The authority shall not transact any business or exercise any powers unless and until the legislative body shall by ordinance declare that there is need for…
- § 40522 The determination that there is need for an authority to function may be initiated by the legislative body on its own motion or upon the filing of a petition…
- § 40523 In any suit, action, or proceeding by or against or in any manner relating to an authority, the authority shall be conclusively deemed to have become…
- § 40524 At the time the authority becomes authorized to transact business and exercise its powers, and from time to time thereafter, the legislative body, subject to…
- § 40525 Quarterly, semiannually, or annually, as the legislative body prescribes, the authority shall file with the legislative body a detailed report of all its…
- § 40526 At least once annually the authority shall publish a statement of all its financial affairs, audited by independent certified public accountants. The statement…
- § 40527 If within four years after the adoption of an ordinance declaring the need for an authority to function in a local agency, the authority has not acquired or…
- § 40528 After adoption of an ordinance declaring there is no need for an authority to function, and while it is in effect, the legislative body may wind up the affairs…
- § 40529 At any time after the activation of an authority, the legislative body by a two-thirds vote may adopt an ordinance transferring the property of the authority…
ARTICLE 4. Surplus Property Commission and Officers §§ 40530–40558 · 30 sections
- § 40530 The legislative body shall be ex officio the governing body of the authority, and shall be known as the Surplus Property Commission.
- § 40531 The members of the legislative body shall be the members of the commission, and shall be known as Surplus Property Commissioners.
- § 40532 The presiding officer of the legislative body, or other member appointed by the commission, shall be the president of the Surplus Property Commission.
- § 40533 The commission shall appoint as clerk of the authority, the clerk of the legislative body or other competent person.
- § 40534 The commission shall appoint as treasurer of the authority, the treasurer of the local agency or other officer of the local agency that performs the duties of…
- § 40535 The commission may appoint as manager of the authority, the manager or administrative officer of the local agency or other competent person.
- § 40536 The commission may appoint as its attorney, engineer or other officer, the attorney, engineer, or other officer of the local agency, or other competent person.
- § 40537 Before entering upon the duties of an office, each officer shall take and subscribe the official oath and file it with the clerk. The oath of office may be…
- § 40538 The bond of the treasurer of the local agency shall cover the treasurer’s duties as ex officio treasurer of the authority.
- § 40539 If allowed by the commission, a commissioner shall receive traveling and other expenses incurred in the course of employment.
- § 40540 The commission shall fix the amount of compensation and provide for the payment of expenses of its other officers and employees.
- § 40541 Within 30 days after the effective date of the ordinance provided in Section 40521, the commissioners shall meet and organize as a board of commissioners.
- § 40542 The commission shall: (a) Designate the presiding officer of the legislative body or one of its members president. (b) Designate the clerk of the legislative…
- § 40543 At its organization meeting the commission may transact any business of the authority.
- § 40544 The commission is the governing body of the authority.
- § 40545 The powers of the authority enumerated in this chapter shall, except as therein otherwise provided, be exercised by the commission.
- § 40546 The commission shall act in the manner and subject to the laws provided for the legislative body.
- § 40547 A majority of the commission shall constitute a quorum for the transaction of business.
- § 40548 No ordinance, resolution or motion shall be passed or become effective without the affirmative votes of at least a majority of the members of the commission.
- § 40549 Except where action is taken by the unanimous vote of all members present and voting, the ayes and noes shall be taken upon the passage of all ordinances,…
- § 40550 The enacting clause of all ordinances passed by the commission shall be: “Be it ordained by the board of commissioners of (local agency) Surplus Property…
- § 40551 All ordinances shall be signed by the president and attested by the clerk.
- § 40552 All legislative sessions of the commission shall be subject to the provisions of Chapter 9 (commencing with Section 54950) of Part 1, Division 2, Title 5 of…
- § 40553 The commission shall establish rules for its proceedings.
- § 40554 Each member of the commission, or the clerk, may administer oaths and affirmations in connection with the taking of testimony at any hearing, investigation, or…
- § 40555 The president shall: (a) Sign all contracts on behalf of the authority. (b) Perform other duties imposed by the commission.
- § 40556 The clerk shall: (a) Countersign all contracts on behalf of the authority. (b) Perform other duties imposed by the commission.
- § 40557 The manager, subject to the approval of the commission, shall: (a) Have full charge and control of the acquisition, maintenance, operation, improvement and…
- § 40557.1 Where the local agency has established or establishes by ordinance a personnel system, merit system or civil service system, the authority and the commission…
- § 40558 The treasurer shall install and maintain a system of auditing and accounting that shall completely and at all times show the financial condition of the…
ARTICLE 5. Powers §§ 40560–40568 · 9 sections
- § 40560 An authority shall be managed under the provisions of this chapter and may exercise the powers therein expressly granted or necessarily implied therefrom.
- § 40561 Each authority has the power generally to perform all acts necessary to carry out fully the provisions of this chapter.
- § 40562 An authority has perpetual succession.
- § 40563 An authority may adopt a seal and alter it at pleasure.
- § 40564 An authority may make contracts to carry out the purposes of the authority.
- § 40565 An authority may have construction or other work performed by contract or may otherwise do the work in the manner provided for the local agency.
- § 40566 The authority may: (a) Sue and be sued, have a seal, and make and execute contracts and other instruments necessary or convenient to the exercise of its…
- § 40567 The authority may: (a) Purchase, lease, obtain option upon, acquire by contract or grant, any real property as defined in Section 40517 or personal property…
- § 40568 The authority shall not be bound by any contract made by the local agency with respect to acquisition or disposition of property which was concluded by the…
ARTICLE 6. Co-operation §§ 40570–40578 · 9 sections
- § 40570 The authority may enter into a contract and otherwise co-operate with any federal agency or other federal officer, pursuant to the Federal Property and…
- § 40571 The authority may enter into a contract for the purchase of said property over a period of years, not to exceed 40.
- § 40572 The authority may obligate itself to pay the purchase price or installments thereof, in the manner and to the extent required under federal law.
- § 40573 All revenues and income received from the sale or operation of said property, after providing for administration, maintenance and operation costs, shall be…
- § 40574 The authority may enter into leases or contracts of sale of said properties or any part thereof for such periods of time as it deems will beneficially serve…
- § 40575 The commission may, and, if required by any federal law, shall, cause the validity of its existence, or the right of any of its officers to perform their…
- § 40576 The action provided in Section 40575 shall be brought against all persons, pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the…
- § 40577 No contest of any thing or matter provided in this article shall be made other than in the time and manner herein specified.
- § 40578 In any such action all findings of fact or conclusions of the commission upon all matters shall be conclusive unless the action was instituted within six…
ARTICLE 7. Bonds §§ 40581–40585 · 5 sections
- § 40581 Pursuant to this chapter an authority may create a revenue bond indebtedness for the acquisition and construction of any improvements or property or facilities…
- § 40582 Proceedings for the issuance of the bonds shall be had, the commission shall have such powers and duties, and the bondholders shall have such rights and…
- § 40583 The clerk shall publish the revenue bond ordinance once in a newspaper of general circulation published in the city, city and county, or county and if there is…
- § 40584 The revenue bond ordinance shall specify the total amount, denomination, method of maturity, and the rate or maximum rate of interest of said bonds, and in…
- § 40585 The commission may pledge all or any part of the revenues which shall be derived by it from the sale and leasing of property.
ARTICLE 8. Financial §§ 40591–40592 · 2 sections
- § 40591 It is the intention of this chapter that the authority shall pay all of the costs that it may incur from revenues derived from the sale, leasing and operation…
- § 40592 The commission shall establish and collect rentals, which, with the proceeds of sales, will yield an amount sufficient: (a) To pay the costs of administration…
PART 3. OTHER OFFICERS §§ 40601–41805 · 49 sections
CHAPTER 1. Mayor §§ 40601–40605 · 5 sections
- § 40601 In the absence of the mayor, the mayor pro tempore shall exercise the powers granted in this chapter.
- § 40602 The mayor shall sign: (a) All warrants drawn on the city treasurer. (b) All written contracts and conveyances made or entered into by the city. (c) All…
- § 40603 The mayor may administer oaths and affirmations, take affidavits, and certify them.
- § 40604 The mayor may acknowledge the execution of all instruments executed by the city and required to be acknowledged.
- § 40605 In general law cities where the office of mayor is an elective office pursuant to Article 5 (commencing with Section 34900) of Chapter 7 of Part 1 of Division…
CHAPTER 2. City Clerk §§ 40801–40814 · 14 sections
- § 40801 The city clerk shall keep an accurate record of the proceeding of the legislative body and the board of equalization in books bearing appropriate titles and…
- § 40802 The city clerk is the accounting officer of the city and shall maintain records readily reflecting the financial condition of the city.
- § 40804 The city clerk shall cause a summary of the city’s financial report required by Section 53891, in a form prescribed by the Controller, to be published once in…
- § 40805 The report shall be published or posted consistent with the timelines established in Section 53891 after the close of the fiscal year for which the report is…
- § 40805.5 The financial and accounting duties imposed upon the city clerk by Sections 40802 through 40805 may be transferred to a director of finance when such office…
- § 40806 The city clerk shall keep a book marked “ordinances” and record in it all city ordinances with a certificate annexed to each, stating: (a) It is a true and…
- § 40807 The record with the certificate is prima facie evidence of the contents of each ordinance and of its passage and publication. It is admissible as such evidence…
- § 40808 The official city records in the custody of the city clerk shall not be filed in any court proceeding or other action but shall be returned to the custody of…
- § 40809 This article does not prevent the proof of the passage and publication of ordinances in the usual way.
- § 40810 The city clerk is the ex officio assessor unless the legislative body provides for the assessment and collection of city taxes by county officers or otherwise.
- § 40811 The city clerk is the custodian of the city seal.
- § 40812 The city clerk shall perform any additional duties as are prescribed by ordinance.
- § 40813 The city clerk may appoint deputies, for whose acts the city clerk and the city clerk’s bondspersons are responsible. The deputies shall hold office at the…
- § 40814 The city clerk and the city clerk’s deputies may administer oaths or affirmations and take and certify affidavits and depositions pertaining to city affairs…
CHAPTER 3. City Treasurer §§ 41001–41007 · 7 sections
- § 41001 The city treasurer shall receive and safely keep all money the treasurer receives.
- § 41002 (a) The city treasurer shall comply with all laws governing the deposit and securing of public funds and the handling of trust funds in his or her possession.…
- § 41003 The city treasurer shall pay out money only on warrants signed by legally designated persons.
- § 41004 Regularly, at least once each month, the city treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund…
- § 41005 The city treasurer shall perform such duties relative to the collection of city taxes and license fees as are prescribed by ordinance.
- § 41006 The city treasurer may appoint deputies.
- § 41007 The deputies shall hold office at the pleasure of the city treasurer and receive such compensation as is provided by the legislative body.
CHAPTER 4. City Assessor §§ 41201–41205 · 5 sections
- § 41201 Annually between the first Monday in March and July 1st, the assessor shall make out a true list of all taxable property within the city.
- § 41202 The mode of making out the list and proceedings relating thereto shall conform with the laws regulating county assessors except as provided by law or ordinance.
- § 41203 The list shall: (a) Describe the property assessed. (b) Give the value of the property. (c) Contain other information required in county assessors’ lists.
- § 41204 The assessor shall verify the list with an oath and deposit it with the city clerk on or before July 1st.
- § 41205 The assessor and the assessor’s deputies may administer oaths and affirmations necessary in the performance of their duties.
CHAPTER 6. Chief of Police §§ 41601–41612 · 11 sections
- § 41601 For the suppression of riot, public tumult, disturbance of the peace, or resistance against the laws or public authorities in the lawful exercise of their…
- § 41602 The chief of police’s lawful orders shall be promptly executed by deputies, police officers, and watchpersons in the city. Every citizen shall also lend aid…
- § 41603 The chief of police shall execute and return all process issued and directed to the chief of police by legal authority.
- § 41605 The chief of police has charge of the prisoners and of any city jail established by the legislative body.
- § 41606 For service of any process the chief of police shall receive the same fees as sheriffs. Fees of the chief of police for services in criminal actions or…
- § 41607 The chief of police shall perform any license fee and tax collection services prescribed by ordinance.
- § 41608 The chief of police shall keep a detailed and up-to-date record of all fees for service of process or other money collected by the police department or paid to…
- § 41609 The chief of police shall immediately deposit with the city treasurer all money collected by the police department as required by ordinance.
- § 41610 At least once a month, the chief of police shall file with the city clerk a detailed statement of all money handled in an official capacity during the…
- § 41611 The chief of police shall perform any other services required by general law and the city ordinances.
- § 41612 After possession is taken of any vehicle by or on behalf of any legal owner thereof under the terms of a security agreement or lease agreement, the debtor…
CHAPTER 7. City Attorney §§ 41801–41805 · 7 sections
- § 41801 The city attorney shall advise the city officials in all legal matters pertaining to city business.
- § 41802 The city attorney shall frame an ordinance or resolution required by the legislative body.
- § 41803 The city attorney shall perform other legal services required from time to time by the legislative body.
- § 41803.5 (a) With the consent of the district attorney of the county, the city attorney of any general law city or chartered city within the county may prosecute any…
- § 41803.7 Whenever the city attorney is acting as a prosecutor in a criminal case pursuant to any provision of law or under a city charter, the city attorney shall have…
- § 41804 The city attorney shall receive such compensation as is allowed by the legislative body.
- § 41805 (a) A city attorney who does not, in fact, exercise prosecutorial responsibilities on behalf of the city or cities by which he or she is employed shall not be…