TITLE 6. DISTRICTS [58000. - 62464.]
Title 6 added by Stats. 1951, Ch. 331.
§§ 58000–62464 · 433 sections
DIVISION 1. GENERAL §§ 58000–60375.5 · 257 sections
CHAPTER 1. The District Organization Law §§ 58000–58200 · 45 sections
ARTICLE 1. General §§ 58000–58011 · 11 sections
- § 58000 This chapter may be cited as the District Organization Law.
- § 58001 It is the purpose of this chapter to make available a procedure for the organization, operation and government of districts.
- § 58002 This chapter applies only when and to the extent that it is adopted or incorporated by reference in a law providing for a particular district or type of…
- § 58004 As used in this chapter, unless the context otherwise requires: (a) “District” means a tax or assessment district. (b) “Governing body” means the board of…
- § 58005 Whenever in this chapter a petition, order, resolution, complaint, or other document refers to a principal act, the name, if any, of the principal act, with…
- § 58006 When this chapter or the principal act requires publication of a notice, publication shall be in a newspaper of general circulation published and circulated…
- § 58007 Unless otherwise expressly provided, each notice shall be published once a week for three successive weeks prior to the date set for the event of which notice…
- § 58008 Proof of publication may be by affidavit of the owner, publisher, printer, or clerk of the newspaper. The affidavit is prima facie evidence of the facts stated…
- § 58009 If a district is situated in a county in which no newspaper of general circulation is published, the notice shall be posted in three public places in the…
- § 58010 Proof of posting may be by affidavit of the person posting the notice. The affidavit is prima facie evidence of the facts stated in it.
- § 58011 In case of a conflict between the provisions of this chapter and the provisions of the law providing for the creation of a particular district or type of…
ARTICLE 2. Petition for Formation §§ 58030–58034 · 5 sections
- § 58030 When the principal act authorizes or requires a petition, formation proceedings shall be commenced by petition.
- § 58031 The petition shall be signed by the requisite number of petitioners and addressed to and filed with the supervising authority.
- § 58032 The petition may be filed in sections. Each section shall comply with all the requirements for a petition, except that it need not contain all the signatures…
- § 58033 Before publication of the petition, a petitioner may withdraw his signature by filing with the clerk a signed statement of his intention to withdraw his…
- § 58034 The petition shall: (a) State the proposed name for the district. (b) Set forth the district boundaries or describe the land situated in the district. (c)…
ARTICLE 3. Preliminary Hearing §§ 58060–58061 · 2 sections
- § 58060 Upon presentation and filing of the formation petition the supervising authority shall fix a time and place for its hearing. The hearing shall not be less than…
- § 58061 If the principal act or any other law applicable to the formation of the district requires the making of an investigation of and a report on the project, the…
ARTICLE 4. Final Hearing §§ 58090–58110 · 22 sections
- § 58090 The supervising authority shall fix the time and place for the final hearing on the petition and shall order the clerk to give notice of the hearing.
- § 58091 The notice of final hearing shall state: (a) The name and nature of the district. (b) That the petition may be inspected at the clerk’s office. (c) The…
- § 58092 The clerk shall give notice of the final hearing.
- § 58093 The supervising authority is not deprived of jurisdiction to proceed with the hearing, and no action on the petition is invalid, because of clerical error in…
- § 58094 If the notice is materially defective, the supervising authority shall reset the hearing and cause new notice to be given.
- § 58095 If the supervising authority determines that the petition does not comply with the law, the matter may be dismissed without prejudice to the right to present a…
- § 58096 A finding by the supervising authority in favor of the genuineness and sufficiency of the petition and notice is conclusive against all persons except the…
- § 58097 Oral or written protest may be made at the hearing by any person interested in the formation of the proposed district.
- § 58098 Any protest to the regularity or sufficiency of the proceedings shall be written and shall clearly set forth the defects to which objection is made.
- § 58099 Written protests shall be filed with the clerk on or before the time fixed for the final hearing.
- § 58100 The hearing may be continued from time to time not exceeding 60 days.
- § 58101 At the hearing any owner of land in the proposed district may present to the supervising authority a written request for exclusion of all or part of such land.
- § 58102 At the hearing any owner of land outside the proposed district may present to the supervising authority a written request for inclusion of such land.
- § 58103 If the supervising authority finds that protest has been made, prior to the supervising authority’s final determination for formation, by the owners of real…
- § 58104 The supervising authority shall not consider a petition or other proceedings for the formation of the same district for the same project until after one year…
- § 58105 If at the final hearing the supervising authority determines that the project is feasible, economically sound, and for the public interest, it shall fix the…
- § 58105.1 If at the final hearing the supervising authority determines that the project, or the proposed district as its boundaries are described in the petition or as…
- § 58106 At the final hearing the supervising authority shall exclude any land which it finds will not be benefited by the proposed project and shall make a specific…
- § 58107 The supervising authority may make such inclusion upon the owner’s application or upon giving him notice of and hearing on the inclusion.
- § 58108 The clerk shall publish notice of inclusion and mail it, postage prepaid, to the address of the owner of such land as shown by the last equalized county…
- § 58109 The notice shall describe the land proposed to be included and state the time and place at which objections to inclusion will be heard.
- § 58110 If the supervising authority determines that the district should be established, by resolution it shall fix and describe the boundaries, and designate a name…
ARTICLE 5. Formation §§ 58130–58133 · 4 sections
- § 58130 Within 20 days after the adoption of the resolution establishing the boundaries, the supervising authority shall call and give notice of an election to be held…
- § 58131 The election shall be called and conducted, and any candidates shall be nominated as in general district elections except: (a) The supervising authority shall…
- § 58132 If a majority of the votes cast at the election favors the organization of the district, by resolution entered on its minutes the supervising authority shall…
- § 58133 Immediately after the passing of the resolution declaring the organization of the district, the clerk shall file a certified copy of the resolution with the…
ARTICLE 7. Validating Proceedings § 58200 · 1 section
- § 58200 An action to determine the legality of the existence of the district may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2…
CHAPTER 3. Change of Boundaries §§ 58850–58861 · 13 sections
- § 58850 Unless the provisions or context otherwise require, the following definitions shall govern the construction of this chapter: (a) “County surveyor” means the…
- § 58851 The county surveyor and the county assessor shall review the boundary description contained in those proposals which are not subject to the jurisdiction of the…
- § 58852 Prior to circulation of a petition, if such circulation is required, or otherwise prior to filing with the board of supervisors or with the governing body of a…
- § 58853 If the territory involved in the proposal is located in two or more counties, a copy of the proposal shall be filed with the county surveyor of each such…
- § 58854 Within 30 days after filing, the county surveyor shall review and report on boundaries set forth in the proposal. Failure to report on a proposal within said…
- § 58855 Within 10 days after the filing of any proposal, the county surveyor shall give written notice as provided in Section 58855.5 by mailing notice of such filing:…
- § 58855.5 Mailed notice of any proposal shall be sent first class and deposited, postage prepaid, in the United States mails and shall be deemed to have been given when…
- § 58856 Factors to be considered by the county surveyor in review of a proposal shall include: (a) The definiteness and certainty of the proposed boundaries; (b)…
- § 58857 If he deems it to be in the public interest, the county surveyor may hold a public hearing on the proposal. Notice of any such hearing shall be given to the…
- § 58858 The county surveyor may make changes in the boundaries set forth in a proposal if: (a) The proponents consent; and (b) The territory contained within the…
- § 58859 The county surveyor shall deliver a copy of his report together with any recommendations made by the county assessor to the proponents and to the legislative…
- § 58860 If the proponents do not accept the county surveyor’s recommendations as contained in his report, they shall file a statement of reasons with the legislative…
- § 58861 Before acting upon any proposal, the legislative body having jurisdiction shall consider the report of the county surveyor and give it such weight as in its…
CHAPTER 3.5. Notice of Formation or Change in Boundaries of Districts §§ 58900–58908 · 9 sections
- § 58900 It is the purpose of this chapter to require that notice of a proposal be given to all owners of the real property described therein prior to the time the…
- § 58901 As used in this chapter, unless the context otherwise requires: (a) “Proposal” means any proposal for the formation of a new, or change in the boundaries of an…
- § 58902 Except as herein otherwise provided, this chapter shall apply to all districts. This chapter shall not apply to any boundary change which is approved by all of…
- § 58903 Upon the filing or other submission of any proposal, the supervising authority shall give notice thereof as required by this chapter.
- § 58904 The notice of filing or other submission of the proposal shall contain the matters specified by the law under which the proposal is made. In lieu thereof it…
- § 58905 Every owner of real property, including property assessed by the State under Section 14, Article XIII of the Constitution, is hereby authorized to file a…
- § 58906 If the principal act requires notice to be mailed by first-class mail to all owners of property described in the proposal, including the owners of state…
- § 58907 No proceeding shall be held invalid for omission of the clerk of the supervising body to mail the notice required by this chapter to any property owner unless…
- § 58908 The provisions of this chapter shall not be superseded or modified by any subsequent legislation except to the extent that such legislation shall do so…
CHAPTER 4. District Indebtedness § 58950 · 1 section
- § 58950 If territory has been detached from a district and that detached territory is subject to terms and conditions imposed by the local agency formation commission…
CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 §§ 59100–59674 · 167 sections
ARTICLE 1. Definitions and General Provisions §§ 59100–59129 · 31 sections
- § 59100 This chapter may be cited as the Special Assessment and Bond Refunding Law of 1939.
- § 59101 Unless the context otherwise requires, the definitions and general provisions contained in this article govern the construction of this chapter.
- § 59102 If a city legislative body conducts the proceedings under this chapter, the words and phrases defined in the Improvement Act of 1911 shall be construed to have…
- § 59103 If a county or city and county legislative body conducts such proceedings the words and phrases defined in the Improvement Act of 1911 and the Improvement Bond…
- § 59103.1 If a public district legislative body conducts such proceedings the words and phrases defined in the Improvement Act of 1911 and the Improvement Bond Act of…
- § 59104 “Local agency” means city, county, city and county, or public district.
- § 59105 “Legislative body” means legislative body of the local agency conducting the proceedings.
- § 59106 “Bonds” includes: (a) Bonds, their coupons, and accrued interest on matured bonds. (b) Cash assessments and accrued interest and penalties where no bonds are…
- § 59107 “Lot” means land, lot, part of a lot, parcel, or piece of property and includes property owned or controlled by any person as a railroad right of way or as a…
- § 59108 “Improvement” where used in “special improvement district” means any public improvement. It shall be liberally construed to include: (a) Any acquisition of…
- § 59109 “Engineer” means: (a) The city engineer, if a city legislative body conducts the refunding proceedings. (b) The county surveyor, if a county legislative body…
- § 59110 In addition to other proper items, “incidental expenses” includes: (a) Legal, engineering, and other technical services employed by the legislative body to…
- § 59111 “Cost of the proceedings” means the cost of acquisition and cancellation of the original bonds and the incidental expenses.
- § 59112 “Clerk” means clerk of the legislative body conducting the proceedings.
- § 59113 “Tax-deeded land” means any lot deeded to the State for delinquent taxes or for delinquent taxes and assessments.
- § 59114 “Original bonds” means the outstanding improvement district bonds which are to be acquired and canceled pursuant to this chapter.
- § 59115 “New bonds” means refunding bonds issued pursuant to this chapter.
- § 59116 “Original proceedings” means the proceedings by which the original bonds were issued.
- § 59117 “Proceedings” means proceedings pursuant to this chapter to refund the indebtedness of a district and to levy a reassessment for such indebtedness.
- § 59118 “New district” means the assessment district proposed to be created, or created, pursuant to this chapter, and which is, or will be, assessed to pay the cost…
- § 59119 “District” means the district or improvement district against which the original bonds were issued and whose indebtedness is to be refunded pursuant to this…
- § 59120 Whenever the legislative body determines that the public interest, convenience, or necessity requires the readjustment of assessments and the refunding of…
- § 59121 Whenever the legislative body determines that the public interest, convenience, or necessity requires the refunding of bonds of an improvement district within…
- § 59122 This chapter shall be liberally construed to effectuate its purposes.
- § 59123 In any procedure taken pursuant to this chapter, if any neglect or omission of an officer of a local agency, or any error or informality, does not directly…
- § 59124 The reassessment provisions and curative clauses of the Improvement Act of 1911 apply to the proceedings and the assessment and bonds levied and issued…
- § 59125 A legislative body authorized to conduct a proceeding pursuant to this chapter may file a petition and exercise powers under applicable federal bankruptcy law…
- § 59126 The Special Assessment Investigation, Limitation and Majority Protest Act of 1931 does not apply to proceedings pursuant to this chapter.
- § 59127 When any notice or resolution is required to be published, publication shall be made in any newspaper published and circulated within the local agency in which…
- § 59128 When a notice is required to be mailed to property owners, upon the completion of the mailing of the notice, the clerk shall file with the legislative body an…
- § 59129 Wherever the State, or any county, city, school district, public corporation, or political subdivision owns or has an interest in lands within a district whose…
ARTICLE 2. Authority to Conduct Proceedings §§ 59175–59185 · 12 sections
- § 59175 Authority to conduct proceedings is conferred upon the legislative body of a local agency pursuant to this article.
- § 59176 The legislative body which ordered the original bonds issued has complete authority to conduct proceedings.
- § 59177 If the district lies entirely within a city, the city legislative body has complete authority to conduct proceedings.
- § 59178 If the district lies entirely within unincorporated territory of a county, the county legislative body has complete authority.
- § 59178.1 If the district lies entirely within the incorporated territory of a public district, the public district legislative body has complete authority.
- § 59179 In all cases of incorporation of, annexation of territory to, consolidation of, exclusion of territory from, or the dissolution of, a city or cities, the…
- § 59180 If a district lies entirely within two or more cities, the legislative body of any city in which any of the district lies may conduct the proceedings.
- § 59181 If the district lies partly within unincorporated territory of a county and partly within one or more cities, the legislative body of the county, or of any…
- § 59182 If more than one legislative body has authority to conduct the proceedings or if the legislative body proposing to conduct the proceeding is not that which…
- § 59183 Such legislative bodies may grant such consent, which shall be expressed by resolution.
- § 59184 The consent shall be obtained and a certified copy of the resolution filed with the clerk of the legislative body proposing to conduct the proceedings on or…
- § 59185 When consent has been given, the legislative body to which it was granted has complete authority to conduct proceedings pursuant to this chapter.
ARTICLE 3. Resolution of Intention §§ 59210–59226 · 18 sections
- § 59210 Before ordering the acquisition and cancellation of any bonds, the legislative body shall adopt a resolution declaring its intention to do so.
- § 59211 The resolution shall contain a description of the boundaries of the new district.
- § 59212 If the resolution provides that all of the original bonds of only one district are to be acquired and canceled, the exterior boundaries of the new district…
- § 59213 The original bonds of contiguous or overlapping districts may be acquired and canceled in a single proceeding. All or part of each of such districts shall lie…
- § 59214 If the resolution of intention provides that all of the original bonds of more than one contiguous or overlapping district are to be acquired and canceled, the…
- § 59214.5 Less than all of the original bonds of a district or more than one overlapping districts may be acquired and canceled in a single proceeding when all of the…
- § 59215 No property within the new district shall be charged in the new assessment with any of the debt of a district of which it was not formerly a part.
- § 59216 In the resolution of intention the new district may be described or reference made to a map, pursuant to the Improvement Act of 1911.
- § 59217 The resolution of intention shall: (a) Refer to the original proceedings with sufficient clarity to identify them. (b) Indicate the amount of bonds and of each…
- § 59218 The resolution shall state: (a) That it is proposed to issue bonds of the new district. (b) The maximum amount for which and the character of the proposed new…
- § 59219 The resolution of intention shall state: (a) The amount of each sum allocated up to the date of the resolution from any source toward the payment and…
- § 59220 The legislative body may recite in the resolution of intention the facts upon which it finds that the public interest, convenience, or necessity require the…
- § 59221 The resolution shall contain a notice of the time and place at which any person objecting to the proposed acquisition and cancellation of the original bonds,…
- § 59222 The time shall be not less than 15 nor more than 60 days after the adoption of the resolution.
- § 59223 The resolution of intention shall be published twice in a newspaper designated in the resolution. The first publication shall be at least 10 days before the…
- § 59224 A notice of the passage of the resolution of intention shall be mailed to each property owner at least 10 days before the date set in the resolution for…
- § 59225 The notice shall be entitled “Notice to Owners of Proposed Assessment and Bond Refunding.”
- § 59226 It shall: (a) Give notice of the passage of the resolution. (b) Give notice of its date. (c) Give notice of the time and place of hearing on the resolution.…
ARTICLE 4. Protests to Proposed Refunding and District §§ 59250–59251 · 2 sections
- § 59250 Written protests against the proposed refunding or the creation of the new district may be made, filed, heard, considered, and passed upon in the time and…
- § 59251 The legislative body acquires jurisdiction to order the refunding when: (a) No written protests are filed within the proper time. (b) All protests are found…
ARTICLE 5. Notice to Bondholders of Proposed Refunding and Invitation for Proposals §§ 59270–59273 · 4 sections
- § 59270 The legislative body shall cause a notice of the refunding to be published in a newspaper designated by it.
- § 59271 The notice shall be headed substantially as follows: “Notice to assessment and bondholders of proposed refunding.”
- § 59272 The notice shall briefly set forth: (a) The fact of the adoption of the resolution of intention pursuant to this chapter. (b) Its date. (c) The purpose of the…
- § 59273 In the notice the legislative body shall invite the holders of the original bonds to submit to it one or more written proposals stating the terms upon which…
ARTICLE 5.5. Refunding of Ad Valorem Tax or Assessment Bonds §§ 59280–59286 · 7 sections
- § 59280 The legislative body shall have power under this chapter to refund bonds which constitute an indebtedness of a local agency or any improvement district or zone…
- § 59281 Refunding bonds may be issued under this chapter for the purpose of refunding any indebtedness of the local agency which is evidenced by bonds, whether due or…
- § 59282 The incidental costs of issuing the refunding bonds may be paid by the purchaser of the refunding bonds or may be paid from any other legally available source…
- § 59283 The proceeds of the sale of any refunding bonds shall be deposited in escrow or in trust with any bank or trust company within or without the state, or both…
- § 59284 Such proceeds and reinvestments in escrow or in trust shall be in an amount at the time of the issuance of such refunding bonds sufficient to meet the…
- § 59285 Upon the issuance, sale and delivery or exchange of refunding bonds pursuant to this article, if both the refunding bonds and the bonds to be refunded remain…
- § 59286 In proceeding under the alternatives provided for in this article, it shall be unnecessary for the legislative body to give notice to the bondholders and to…
ARTICLE 6. Diagram §§ 59290–59292 · 3 sections
- § 59290 If pursuant to the notice, the bondholders file with the legislative body one or more written proposals for the surrender and cancellation or redemption of not…
- § 59291 If in the original proceedings for formation of the district and the issuance of bonds any lot was excepted from the special assessment tax levy to pay the…
- § 59292 The diagram shall show each lot in the new district and its dimensions sufficient to identify it.
ARTICLE 7. Reassessment §§ 59320–59324 · 5 sections
- § 59320 In refunding the indebtedness of a district the total amount of the reassessment to be levied pursuant to this chapter and any contributions shall not exceed…
- § 59321 Upon completion of the diagram the engineer or such other person as the legislative body designates shall estimate the benefit to be received by each lot in…
- § 59322 The engineer or such other person shall assess upon and against the land in the new district the total net amount of the cost of the proceedings to be assessed…
- § 59323 Tax deeded lands are subject to reassessment in refunding proceedings pursuant to this chapter.
- § 59324 In making the assessment and estimating the benefits to be received by each lot, the engineer or other person shall consider, among other things, the…
ARTICLE 8. Notice of Assessment Hearing §§ 59350–59358 · 9 sections
- § 59350 When the diagram and assessment have been made, they shall be attached together and filed with the clerk.
- § 59351 Upon such filing, the clerk shall give notice of the filing and of a time to be fixed in the notice by him when all persons interested in the acquisition and…
- § 59352 The notice shall: (a) Recite that a bondholders’ proposal has been filed. (b) Briefly indicate its terms. (c) Refer to the resolution of intention, the…
- § 59353 The notice shall contain a statement that before the legislative body may finally confirm the diagram, assessment, bondholders’ proposal, and proceedings,…
- § 59354 The notice shall state that any such owner may file his written consent to the refunding at any time prior to the adoption of the resolution of final…
- § 59355 The notice shall be posted for not less than 10 days on or near the door of the chamber in which the legislative body conducts its regular public meetings.
- § 59356 Before the date designated for the hearing, the notice shall be published twice in the newspaper in which the resolution of intention was published, if still…
- § 59357 The clerk shall mail a copy of the notice to the owners at least 10 days prior to the time fixed for the hearing.
- § 59358 The mailed notice shall also: (a) Designate the property within the new district belonging to the owner by a description sufficient to enable him to identify…
ARTICLE 9. Hearing on Assessments §§ 59380–59385 · 6 sections
- § 59380 As used in this article, “interested person” means an owner or any other person interested in any of the following: (a) The proposed acquisition and…
- § 59381 Prior to the time fixed for the assessment hearing any interested person may appeal to the legislative body by briefly stating in writing the grounds of his…
- § 59382 At the time set for hearing protests the legislative body shall hear and pass upon all protests so made.
- § 59383 Upon such appeal, the legislative body may: (a) Remedy and correct any error or informality in the proceedings. (b) Revise and correct any of the acts or…
- § 59384 After notice and hearing of assessment pursuant to this chapter all the decisions of the legislative body are conclusive upon all persons entitled to appeal,…
- § 59385 If the resolution of intention is actually published pursuant to this chapter, a court shall not invalidate any assessment, diagram, or proceedings prior to…
ARTICLE 10. Preliminary Confirmation §§ 59410–59413 · 4 sections
- § 59410 When no appeal is taken or when the orders and determinations of the legislative body upon appeal have been complied with and it is satisfied with the…
- § 59411 In the resolution the legislative body shall determine: (a) The amount for which each issue of original bonds are to be acquired. (b) The amount of the…
- § 59412 Before the legislative body may proceed after the preliminary confirmation or finally confirm the proceedings, including the diagram, assessment, and…
- § 59413 The State Controller may sign any consent to the refunding and reassessment for the State and the board of supervisors of the county in which the property lies…
ARTICLE 11. Final Confirmation §§ 59440–59441 · 2 sections
- § 59440 The assessment hearing shall be continued from time to time and the legislative body has continuing jurisdiction to determine by resolution whether and when…
- § 59441 If the legislative body determines that the consents have been filed, it shall by resolution finally confirm the proceedings, the assessment and diagram, and…
ARTICLE 12. Recording of Assessment §§ 59470–59476 · 7 sections
- § 59470 If the proceedings are conducted by a city legislative body, the reassessment as confirmed shall be recorded with the city superintendent of streets.
- § 59471 If the proceedings are conducted by a county legislative body, the reassessment as confirmed shall be recorded with the county surveyor.
- § 59472 The reassessment shall not be recorded until the occurrence of either of the following: (a) The holders of all original bonds and coupons contract by…
- § 59473 When recorded, the amounts so reassessed upon the lots are a lien on the lots as of the date of recordation.
- § 59474 The lien shall continue until the reassessment and the interest and penalties are paid or until it is discharged of record.
- § 59475 The lien has priority over all special assessment liens created against the same property subsequent to the date of recordation.
- § 59476 From the date of the recording all persons are deemed to have notice of the contents of the reassessment.
ARTICLE 13. Payment of Assessments §§ 59500–59515 · 16 sections
- § 59500 If a bond has not been issued to represent the reassessment, the amounts assessed in the reassessment are payable to the superintendent of streets or county…
- § 59501 Upon payment of any reassessment, such superintendent of streets or the county surveyor shall mark note of the payment upon the reassessment and shall cancel…
- § 59502 Immediately upon recordation, the officer with whom the reassessment is recorded shall give notice that: (a) The reassessment has been recorded in his office.…
- § 59503 The notice shall be published once a week for two weeks in a newspaper designated by the legislative body.
- § 59504 Notice shall also be given by mailing a postcard to the owners.
- § 59505 Any reassessment upon public property shall be paid by the officer or board having charge of the disbursement of the funds of the owner of the property. The…
- § 59506 If money is not available for the payment of the reassessment, the board or officer who levies taxes for the owner of the public property shall include in the…
- § 59507 Any reassessment upon public property not in use in the performance of a public function may be foreclosed pursuant to Sections 5398 to 5421, inclusive, of the…
- § 59508 The foreclosure action shall be brought in the name of the local agency whose legislative body levied the reassessment upon the request of any person entitled…
- § 59509 The foreclosure action may be brought by any competent attorney appointed by the legislative body which levied the reassessment.
- § 59510 New bonds shall not issue against public property and the list of unpaid reassessments to be filed with the treasurer shall not include any unpaid…
- § 59511 If a reassessment has been levied upon tax-deeded land and upon the recordation of the reassessment, the clerk shall send to the auditor of the county in which…
- § 59512 If the property was deeded to a city or other municipal or public corporation for nonpayment of its taxes, the computation of the amount to be deducted for…
- § 59513 After the adoption of the resolution of intention in the proceedings all sums paid for any lot into the interest and sinking fund for the payment of principal…
- § 59514 After the expiration of 30 days from the date of recording the reassessment, the officer with whom the reassessment is recorded shall make and certify to the…
- § 59515 The list shall exclude reassessments upon public property, but shall include tax-deeded land and all other land.
ARTICLE 14. Contributions §§ 59530–59536 · 7 sections
- § 59530 To aid in refunding the indebtedness of a district, entirely or partly within a city or unincorporated county territory, any city in which all or part of the…
- § 59531 The legislative body making any contribution of public funds to aid in the refunding shall determine that the public interest, convenience, or necessity…
- § 59532 Prior to the final confirmation of the assessment, the legislative body may receive and accept cash contributions from any source. The contributions shall be…
- § 59533 If the proceedings for which contributions are made are not consummated, the legislative body may refund any contribution to the person who made it.
- § 59534 If contributions are made exclusively for the payment of the incidental expenses, the legislative body may refund pro rata to the persons making them any…
- § 59535 The legislative body may pay all or part of the costs and expenses of any proceedings from any fund over which it has jurisdiction and control and which is…
- § 59536 The legislative body may appropriate funds from a general fund or from any funds available for any or all of the purposes contemplated in this chapter.
ARTICLE 15. Acquisition and Cancellation of Bonds of Consenting Bondholders §§ 59560–59562 · 3 sections
- § 59560 If the holders of all of the original bonds agree to refund them as proposed in the refunding proceeding, all new refunding bonds, all money collected on the…
- § 59561 Any such proposal or contract may provide such terms of exchange as are agreed upon by the holder and the legislative body and may contain terms relating to…
- § 59562 When the new bonds or money is delivered to the bondholders, they shall concurrently deliver to the legislative body or its representatives the original bonds…
ARTICLE 16. Acquisition and Cancellation of Bonds of Nonconsenting Bondholders §§ 59590–59598 · 9 sections
- § 59590 If the holders of one or more of the original bonds do not enter any proposal or contract with the legislative body to refund the bonds but the holders of 75…
- § 59591 Any local agency authorized by this chapter to appropriate money to aid in refunding the original bonds of the district may make an advancement, contribution,…
- § 59592 When any local agency, person, or corporation advances money for the payment or retirement of the original bonds of nonconsenting holders, the legislative body…
- § 59593 If the legislative body makes all or part of such advancement it may reimburse the local agency of which it is the legislative body, entirely or partially by…
- § 59594 Any cash collected on reassessments and not required to pay consenting bondholders may also be used to reimburse in whole or in part any local agency, person,…
- § 59595 The legislative body may use any other method of raising funds for the payment or retirement of the original bonds of nonconsenting bondholders which will…
- § 59596 When money is placed in any fund for the retirement or payment of the original bonds of nonconsenting holders it shall be used only for that purpose. After all…
- § 59597 If the proposals or contract with the bondholders so provides, the legislative body may sell all of the new bonds for cash and pay the bondholders in cash at a…
- § 59598 If the discharge of the original bonds of any nonconsenting holders at less than par has been authorized by any final decree or order confirming a plan of…
ARTICLE 17. Foreclosure on Tax-Deeded Land §§ 59620–59621 · 2 sections
- § 59620 Upon any default in the payment of an installment of interest or principal of any new bond issued to represent a reassessment upon tax-deeded land, the land…
- § 59621 The State, or the city or other municipal or public corporation may be made a party defendant in such foreclosure suit, or in any quiet title suit brought by…
ARTICLE 18. Bond Plans §§ 59640–59654 · 15 sections
- § 59640 Serial bonds shall be issued to represent the unpaid reassessments, including unpaid reassessments on tax-deeded land, pursuant to Bond Plan A, B, or C. The…
- § 59641 Under Bond Plan A, a bond shall be issued to represent each of the assessments remaining unpaid and shall be entitled “Refunding Bond. Bond Plan A.” Such bonds…
- § 59642 Under Bond Plan B or C bonds shall be issued to represent and be secured by the unpaid assessments upon the reassessment.
- § 59643 Bond Plan B bonds shall be: (a) Issued in the manner and form provided in the Improvement Bond Act of 1915. (b) Entitled “Refunding Bond. Bond Plan B.” (c)…
- § 59644 Bond Plan C bonds shall be: (a) Issued in the manner and form provided in the Refunding Assessment Bond Act of 1935. (b) Entitled “Refunding Bond. Bond Plan…
- § 59645 Any appropriate changes may be made in the wording of the bonds necessary to make them conform to this chapter and the proceedings taken pursuant to this…
- § 59646 Bond Plan A bonds shall be payable to the person to whom they issue, or order.
- § 59647 Bond Plan A bonds shall be for the term and bear interest at the rate specified in the resolution of final confirmation.
- § 59648 Bond Plan A bonds shall have annual coupons attached to them payable in annual order on January 2d of each year after the October 15th following the date of…
- § 59649 Bond Plan A bonds shall also have semiannual interest coupons attached to them and payable as in the case of bonds issued pursuant to the Improvement Act of…
- § 59650 The bonds issued under Bond Plans A, B, or C may be redeemed or canceled, have the effect, shall be enforced, paid, and subject to the penalties, and, so far…
- § 59651 Bond Plan A bonds may be issued for a period of not to exceed 29 years from the January 2d succeeding the October 15th following their date.
- § 59652 Bond Plan B or C bonds may be issued for not to exceed 29 years after July 2d following the first 10 months after their date.
- § 59653 The determination of the legislative body as to the form and contents of the bonds issued under any of the plans is conclusive, except that the bonds shall…
- § 59654 If Bond Plan B or C is used the reassessment and curative clauses and all other bond and assessment provisions of the Improvement Bond Act of 1915 or the…
ARTICLE 19. Validating Proceedings §§ 59670–59674 · 5 sections
- § 59670 Unless commenced within 60 days after the confirmation of the reassessment, a person shall not maintain any action or proceeding to cancel, annul, or correct…
- § 59671 An action to determine the validity of the reassessment may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of…
- § 59672 In such validation action all findings, conclusions, and determinations of the legislative body which conducted the proceedings are conclusive in the absence…
- § 59673 If any reassessment or any refunding bond is held invalid in any action or proceedings upon any ground which would apply to the entire reassessment or entire…
- § 59674 A reassessment of a reassessment made pursuant to this chapter may be ordered and made under this chapter for the reasons and purposes, and when made have the…
CHAPTER 7. Destruction of Records of Special Districts §§ 60200–60204 · 4 sections
- § 60200 The legislative body of any special district may authorize at any time the destruction or disposition of any duplicate record, paper, or document, the original…
- § 60201 (a) For purposes of this section, “record” means any record consisting of a “writing,” as defined by Section 7920.545. (b) The legislative body of a district…
- § 60203 (a) Notwithstanding Section 60201, the legislative body of a district may authorize the destruction of any record, paper, or document that is not expressly…
- § 60204 For the purposes of this chapter, the terms “special district” and “district” also include the South Coast Air Quality Management District, the Bay Area Air…
CHAPTER 8. District Assessments §§ 60250–60253 · 4 sections
- § 60250 In this chapter, “district” means any district created by, or pursuant to, law.
- § 60251 In this chapter, “assessor” means the assessor of a district, or any other officer who makes assessments for the district.
- § 60252 In this chapter, “board” means the board of directors of a district.
- § 60253 Where the assessor possesses a complete, accurate map of any land or where such a complete, accurate map of any land prepared for county purposes pursuant to…
CHAPTER 9. Special District Secretaries § 60302 · 1 section
- § 60302 In any district which has, or any special district which has, a governing board composed of elective members, except the governing board of any school…
CHAPTER 9.5. California Special District Consolidation Assistance Program §§ 60350–60356 · 7 sections
- § 60350 This chapter is known and may be cited as the California Special District Consolidation Assistance Act.
- § 60351 The Legislature finds and declares that it is in the best interests of the people of the state, and of primary importance to the safety of persons and property…
- § 60352 The board of supervisors of any county may participate in the program created by this chapter by adopting an ordinance implementing the provisions of this…
- § 60353 The board of supervisors in a participating county may make loans to districts, as defined by Section 56036, which apply pursuant to this chapter to pay for…
- § 60354 The board of supervisors shall develop the procedure to be followed by special districts to submit applications and the criteria for evaluating those loan…
- § 60355 The board of supervisors shall determine after public hearing which applications by districts for loans shall be approved based on the criteria established…
- § 60356 The board of supervisors may cancel the repayment of any loan made pursuant to this chapter for special districts which successfully complete a consolidation,…
CHAPTER 9.6. District Utility Services §§ 60370–60375.5 · 6 sections
- § 60370 As used in this chapter, “district” means any agency of the state, formed pursuant to general law or special act, for the local performance of governmental or…
- § 60371 (a) If a district furnishes residential light, heat, water, or power through a master meter, or furnishes individually metered service in a single-family…
- § 60372 (a) No district furnishing its inhabitants with light, water, power, or heat may terminate residential service for nonpayment of a delinquent account unless…
- § 60373 (a) No district furnishing light, heat, water, or power may terminate residential service on account of nonpayment of a delinquent account unless the district…
- § 60374 No district shall, by reason of delinquency in payment for any electric, gas, heat, or water services, cause cessation of the services on any Saturday, Sunday,…
- § 60375.5 The decision of a district to require a new residential applicant to deposit a sum of money with the district prior to establishing an account and furnishing…
DIVISION 3. COMMUNITY SERVICES DISTRICTS §§ 61000–61250 · 87 sections
PART 1. GENERAL PROVISIONS §§ 61000–61014.5 · 16 sections
CHAPTER 1. Introductory Provisions §§ 61000–61009 · 10 sections
- § 61000 This division shall be known and may be cited as the Community Services District Law.
- § 61001 (a) The Legislature finds and declares all of the following: (1) The differences among California’s communities reflect the broad diversity of the state’s…
- § 61002 Unless the context requires otherwise, as used in this division, the following terms shall have the following meanings: (a) “At large” means the election of…
- § 61003 (a) This division provides the authority for the organization and powers of community services districts. This division succeeds the former Division 3…
- § 61004 This division shall be liberally construed to effectuate its purposes.
- § 61005 If any provision of this division or the application of any provision of this division in any circumstance or to any person, county, city, special district,…
- § 61006 (a) Any action to determine the validity of the organization of a district shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of…
- § 61007 (a) Territory, whether incorporated or unincorporated, whether contiguous or noncontiguous, whether in one or more counties, may be included in a district. (b)…
- § 61008 (a) Except as otherwise provided in this division, districts are subject to the Uniform District Election Law, Part 4 (commencing with Section 10500) of…
- § 61009 Whenever the boundaries of a district or a zone change, the district shall comply with Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of…
CHAPTER 2. Formation §§ 61010–61014.5 · 6 sections
- § 61010 A new district may be formed pursuant to this chapter.
- § 61011 (a) A proposal to form a new district may be made by petition. The petition shall do all of the things required by Section 56700. In addition, the petition…
- § 61012 (a) Before circulating any petition, the proponents shall publish a notice of intention which shall include a written statement not to exceed 500 words in…
- § 61013 (a) A proposal to form a new district may also be made by the adoption of a resolution of application by the legislative body of any county, city, or special…
- § 61014 (a) Once the proponents have filed a sufficient petition or a legislative body has filed a resolution of application, the local agency formation commission…
- § 61014.5 Notwithstanding Section 61014, in the case of the proposed formation of the East Garrison Community Services District, if the Local Agency Formation Commission…
PART 2. INTERNAL ORGANIZATION §§ 61020–61070 · 34 sections
CHAPTER 1. Initial Board of Directors §§ 61020–61022 · 3 sections
- § 61020 The initial board of directors of a district formed on or after January 1, 2006, shall be determined pursuant to this chapter.
- § 61021 (a) Except as provided in this chapter, the initial board of directors shall be elected. (b) The directors may be elected by one of the following methods: (1)…
- § 61022 (a) In the case of a proposed district which contains only unincorporated territory in a single county and less than 100 voters, the local agency formation…
CHAPTER 2. Reorganizing the Board of Directors §§ 61025–61030 · 7 sections
- § 61025 (a) If a majority of the voters voting upon the question are in favor of the question at a general district or special election, a board of directors may be…
- § 61026 In the case of a board of directors elected by divisions or from divisions, the board of directors shall adjust the boundaries of the divisions before November…
- § 61027 (a) This section applies only to a district where the board of supervisors is the district’s board of directors and more than five years have passed since the…
- § 61028 (a) Before circulating any petition pursuant to Section 61025 or Section 61027, the proponents shall publish a notice of intention, which shall include a…
- § 61029 (a) Notwithstanding any other provision of this chapter, the Board of Supervisors of San Joaquin County shall be the Board of Directors of the Mountain House…
- § 61029.5 (a) Notwithstanding any other provision of this division, the Board of Directors of the East Garrison Community Services District shall be the Board of…
- § 61030 (a) Notwithstanding any other provision of this part, the local agency formation commission, in approving either a consolidation or reorganization of two or…
CHAPTER 3. Board of Directors §§ 61040–61048 · 9 sections
- § 61040 (a) Except as provided in Section 61040.1, a legislative body of five members known as the board of directors shall govern each district. The board of…
- § 61040.1 (a) The board of directors of the Santa Rita Hills Community Services District may consist of three members. (b) (1) Prior to reducing the board of directors…
- § 61042 (a) The term of office of each member of a board of directors is four years or until his or her successor qualifies and takes office. Directors shall take…
- § 61043 (a) Within 45 days after the effective date of the formation of a district, the board of directors shall meet and elect its officers. Thereafter, within 45…
- § 61044 A board of directors shall hold a regular meeting at least once every three months. Meetings of the board of directors are subject to the Ralph M. Brown Act,…
- § 61045 (a) A majority of the total membership of the board of directors shall constitute a quorum for the transaction of business. (b) The board of directors shall…
- § 61046 (a) Ordinances may be passed by the voters by initiative pursuant to Article 1 (commencing with Section 9300) of Chapter 4 of Division 9 of the Elections Code.…
- § 61047 (a) The board of directors may provide, by ordinance or resolution, that each of its members may receive compensation in an amount not to exceed one hundred…
- § 61048 A board of directors may appoint one or more advisory committees to advise the board of directors about the district’s finances, policies, programs, or…
CHAPTER 4. District Officers §§ 61050–61053 · 4 sections
- § 61050 (a) The board of directors shall appoint a general manager. (b) The county treasurer of the principal county shall serve as the treasurer of the district. If…
- § 61051 The general manager shall be responsible for all of the following: (a) The implementation of the policies established by the board of directors for the…
- § 61052 (a) Except as provided by Section 61053, the county treasurer of the principal county shall be treasurer of the district and shall be the depositary and have…
- § 61053 (a) Notwithstanding Section 61052, a district may establish an alternative depositary pursuant to this section. (b) The board of directors shall appoint a…
CHAPTER 5. General Powers §§ 61060–61070 · 11 sections
- § 61060 A district shall have and may exercise all rights and powers, expressed and implied, necessary to carry out the purposes and intent of this division,…
- § 61061 (a) A district shall have perpetual succession. (b) A board of directors may, by resolution, change the name of the district. The resolution shall comply with…
- § 61062 (a) When acquiring, improving, or using any real property, a district shall comply with Article 5 (commencing with Section 53090) of Chapter 1 of Part 1 of…
- § 61063 (a) Each district shall adopt policies and procedures, including bidding regulations, governing the purchasing of supplies and equipment not governed by…
- § 61064 (a) Violation of any rule, regulation, or ordinance adopted by a board of directors is a misdemeanor punishable pursuant to Section 19 of the Penal Code. (b)…
- § 61065 (a) The Meyers-Milias-Brown Act, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 applies to all districts. (b) A board of directors may…
- § 61066 A board of directors may require any employee or officer to be bonded. The district shall pay the cost of the bonds.
- § 61067 A board of directors may provide for any program for the benefit of its employees and members of the board of directors pursuant to Chapter 2 (commencing with…
- § 61068 A board of directors may authorize its members and the employees of the district to attend professional or vocational meetings and conferences. A board of…
- § 61069 (a) A district may request an inspection warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. The warrant…
- § 61070 A district may contract with any local agency, state department or agency, federal department or agency, or any tribal government for the provision by or to…
PART 3. PURPOSES, SERVICES, AND FACILITIES §§ 61100–61226.5 · 36 sections
CHAPTER 1. Authorized Services and Facilities §§ 61100–61107 · 8 sections
- § 61100 Within its boundaries, a district may do any of the following: (a) Supply water for any beneficial uses, in the same manner as a municipal water district,…
- § 61101 A district may provide the facilities and services authorized by Section 61100 outside its boundaries, subject to Section 56133.
- § 61102 A district may provide electricity within its boundaries if the local agency formation commission designated the district as the successor to another special…
- § 61103 (a) A district that acquires, constructs, improves, and maintains streets, roads, rights-of-way, bridges, culverts, drains, curbs, gutters, sidewalks, and any…
- § 61104 (a) A district that acquires, constructs, improves, and maintains streets, roads, rights-of-way, bridges, culverts, drains, curbs, gutters, sidewalks, and any…
- § 61105 (a) The Legislature finds and declares that the unique circumstances that exist in certain communities justify the enactment of special statutes for specific…
- § 61106 (a) If a board of directors desires to exercise a latent power, the district shall first receive the approval of the local agency formation commission,…
- § 61107 (a) If a board of directors desires to divest itself of a power that is authorized pursuant to this chapter and if the termination of that power would require…
CHAPTER 2. Finance §§ 61110–61119 · 10 sections
- § 61110 (a) On or before July 1 of each year or, for districts using two one-year budgets or a biennial budget, every other year, the board of directors may adopt a…
- § 61111 (a) At any regular meeting or properly noticed special meeting after the adoption of its final budget, the board of directors may adopt a resolution amending…
- § 61112 (a) In its budget, the board of directors may establish a designated reserve for capital outlay and a designated reserve for contingencies. When the board of…
- § 61113 (a) On or before July 1 of each year, the board of directors shall adopt a resolution establishing its appropriations limit, if any, and make other necessary…
- § 61114 The auditor of each county in which a district is located shall allocate to the district its share of property tax revenue pursuant to Chapter 6 (commencing…
- § 61115 (a) The board of directors may, by resolution or ordinance, do the following: (1) Establish rates or other charges for services and facilities that the…
- § 61116 (a) A district may accept any revenue, money, grants, goods, or services from any federal, state, regional, or local agency or from any person for any lawful…
- § 61117 The board of directors may establish a revolving fund pursuant to Article 15 (commencing with Section 53950) of Chapter 4 of Part 1 of Division 2 of Title 5.
- § 61118 (a) The board of directors shall provide for regular audits of the district’s accounts and records pursuant to Section 26909. (b) The board of directors shall…
- § 61119 All claims for money or damages against a district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
CHAPTER 3. Alternative Revenues §§ 61120–61124 · 5 sections
- § 61120 Whenever the board of directors determines that the amount of revenue available to the district or any of its zones is inadequate to meet the costs of…
- § 61121 A district may levy special taxes pursuant to: (a) Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5. The special…
- § 61122 A district may levy benefit assessments for operations and maintenance consistent with the requirements of Article XIIID of the California Constitution,…
- § 61123 (a) A board of directors may charge a fee to cover the cost of any service which the district provides or the cost of enforcing any regulation for which the…
- § 61124 (a) A district may charge standby charges for water, sewer, or water and sewer services pursuant to the Uniform Standby Charge Procedures Act, Chapter 12.4…
CHAPTER 4. Capital Financing §§ 61125–61131 · 7 sections
- § 61125 Whenever the board of directors determines that the amount of revenue available to the district or any of its zones is inadequate to acquire, construct,…
- § 61126 (a) Whenever a board of directors determines that it is necessary to incur a general obligation bond indebtedness for the acquisition or improvement of real…
- § 61127 A board of directors may finance any enterprise and issue revenue bonds pursuant to the Revenue Bond Law of 1941, Chapter 6 (commencing with Section 54300) of…
- § 61128 A district may finance facilities and issue bonds pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of…
- § 61129 A district may levy benefit assessments to finance facilities consistent with the requirements of Article XIII D of the California Constitution, including, but…
- § 61130 A district may acquire and improve land, facilities, or equipment and issue securitized limited obligation notes pursuant to Article 7.4 (commencing with…
- § 61131 (a) A district may issue promissory notes to borrow money and incur indebtedness for any lawful purpose, including, but not limited to, the payment of current…
CHAPTER 5. Zones §§ 61140–61226.5 · 6 sections
- § 61140 (a) Whenever a board of directors determines that it is in the public interest to provide different services, provide different levels of service, provide…
- § 61141 (a) At the hearing, the board of directors shall hear and consider any protests to the formation of the zone. If, at the conclusion of the hearing, the board…
- § 61142 A board of directors may change the boundaries of a zone or dissolve a zone by following the procedures in Sections 61140 and 61141.
- § 61143 A local agency formation commission shall have no power or duty to review and approve or disapprove a proposal to form a zone, a proposal to change the…
- § 61144 (a) As determined by the board of directors, a district may provide any service, any level of service, or any facility within a zone that the district may…
- § 61226.5 A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6.
PART 4. Isla Vista Community Services District § 61250 · 1 section
- § 61250 (a) Notwithstanding Chapter 2 (commencing with Section 61010) of Part 1, the Isla Vista Community Services District may be established in accordance with this…
DIVISION 4. Community Revitalization and Investment Authorities §§ 62000–62208 · 44 sections
PART 1. General Provisions §§ 62000–62008 · 11 sections
- § 62000 As used in this division, the following terms have the following meanings: (a) “Authority” means the Community Revitalization and Investment Authority created…
- § 62001 (a) A community revitalization and investment authority is a public body, corporate and politic, with jurisdiction to carry out a community revitalization plan…
- § 62002 An authority may do all of the following: (a) Provide funding to rehabilitate, repair, upgrade, or construct infrastructure. (b) Provide for low- and…
- § 62003 An authority shall adopt a community revitalization and investment plan that may include project areas and a provision for the receipt of tax increment funds…
- § 62004 (a) The draft plan shall be made available to the public and to each property owner within the area at a meeting held at least 30 days prior to the notice…
- § 62004.5 (a) As an alternative to mailing separate mailed notices prior to the meeting or public hearing pursuant to subdivision (j) of Section 62004, the authority may…
- § 62004.6 Except for the newspaper notices described in subdivision (j) of Section 62004, a notice required by this part shall be provided in English and in all other…
- § 62005 (a) (1) The plan adopted pursuant to Section 62004 may include a provision that taxes levied and collected upon taxable property in the area included within…
- § 62006 (a) The authority shall require the preparation of an annual independent financial audit paid for from revenues of the authority, and review the plan at least…
- § 62007 (a) Every five years, beginning in the calendar year in which the authority has allocated a cumulative total of more than one million dollars ($1,000,000) in…
- § 62008 (a) If an authority fails to provide a copy of the completed audit to the Controller as required by paragraph (2) of subdivision (c) within 20 days following…
PART 2. Housing §§ 62100–62123 · 24 sections
CHAPTER 1. Housing for Persons of Low and Moderate Income §§ 62100–62112 · 13 sections
- § 62100 (a) Not less than 25 percent of all taxes that are allocated to the authority from any participating entity pursuant to Section 62005 shall be deposited into a…
- § 62101 (a) The funds that are required by Section 62100 or 62103 to be used for the purposes of increasing, improving, and preserving the community’s supply of low-…
- § 62102 (a) Except as specified in subdivision (d), each authority shall expend over each 10-year period of the community revitalization plan the moneys in the Low and…
- § 62103 Every community revitalization plan shall contain both of the following: (a) A provision that requires, whenever dwelling units housing persons and families of…
- § 62104 Programs to assist or develop low- and moderate-income housing pursuant to this part shall be entitled to priority consideration after a program implemented by…
- § 62105 The same notice requirements as specified in Section 65863.10 shall apply to multifamily rental housing that receives financial assistance pursuant to Sections…
- § 62106 Notwithstanding Sections 62100 and 62101, assistance provided by an authority to preserve the availability to lower income households of affordable housing…
- § 62107 (a) Except as otherwise provided in this subdivision, not later than six months following the close of any fiscal year of an authority in which excess surplus…
- § 62108 (a) (1) Upon failure of the authority to expend or encumber excess surplus in the Low and Moderate Income Housing Fund within one year from the date the moneys…
- § 62109 (a) Notwithstanding Sections 50079.5, 50093, and 50105 of the Health and Safety Code, for purposes of providing assistance to mortgagors participating in a…
- § 62110 The covenants or restrictions imposed by the authority pursuant to subdivision (f) of Section 62101 may be subordinated under any of the following…
- § 62111 Subsidies provided pursuant to subdivision (e) of Section 62100 may include payment of a portion of the principal and interest on bonds issued by a public…
- § 62112 For each interest in real property acquired using moneys from the Low and Moderate Income Housing Fund, the authority shall, within five years from the date it…
CHAPTER 2. Replacement and Location §§ 62115–62123 · 11 sections
- § 62115 The authority shall prepare a feasible method or plan for relocation of all of the following: (a) Families and persons to be temporarily or permanently…
- § 62116 The city, county, or city and county that created the authority shall insure that the method or plan of the authority for the relocation of families or single…
- § 62117 Whenever all or any portion of a revitalization plan area is developed with low- or moderate-income housing units and whenever any low- or moderate-income…
- § 62118 If insufficient suitable housing units are available in the plan area for low- and moderate-income persons and families to be displaced from a community…
- § 62119 Permanent housing facilities shall be made available within two years from the time occupants are displaced and that pending the development of such facilities…
- § 62120 (a) Whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low- and moderate-income housing market as…
- § 62120.5 (a) Not less than 30 days prior to the execution of an agreement for acquisition of real property, or the execution of an agreement for the disposition and…
- § 62120.7 An authority causing the rehabilitation, development, or construction of replacement dwelling units, other than single-family residences, pursuant to Section…
- § 62121 An authority shall provide relocation assistance and shall make all of the payments required by Chapter 16 (commencing with Section 7260) of Division 7 of…
- § 62122 In order to facilitate the rehousing of families and single persons displaced by any governmental action, an authority, at the request of the city council or…
- § 62123 (a) An authority shall monitor, on an ongoing basis, any housing affordable to persons and families of low or moderate income developed or otherwise made…
PART 3. Property Acquisition §§ 62200–62208 · 9 sections
- § 62200 “Real property” means any of the following: (a) Land, including land under water and waterfront property. (b) Buildings, structures, fixtures, and improvements…
- § 62201 Within the plan area or for purposes of revitalization an authority may: (a) Purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise, or…
- § 62202 An authority shall not provide any form of direct assistance to: (a) An automobile dealership that will be or is on a parcel of land which has not previously…
- § 62203 (a) Any covenants, conditions, or restrictions existing on any real property within a plan area prior to the time the authority acquires title to that…
- § 62204 (a) If an authority has adopted a plan but has not commenced an eminent domain proceeding to acquire any particular parcel of property subject to eminent…
- § 62205 Section 1245.260 of the Code of Civil Procedure shall not apply to any resolution or ordinance adopting, approving, or amending the amendment of plan. Section…
- § 62206 (a) The authority shall obligate lessees and purchasers of real property acquired in revitalization projects undertaken or assisted by the authority and owners…
- § 62207 Express provisions shall be included in all deeds, leases, and contracts that the authority proposes to enter into with respect to the sale, lease, sublease,…
- § 62208 (a) The authority shall retain controls and establish restrictions or covenants running with land sold or leased for private use for those periods of time and…
DIVISION 5. Affordable Housing Authorities §§ 62250–62262 · 14 sections
- § 62250 For purposes of this division, the following terms have the following meanings: (a) “Affordable housing” means housing with an affordable housing cost, as…
- § 62251 (a) A city, county, or city and county may adopt a resolution creating an affordable housing authority that shall be limited to providing low- and…
- § 62252 (a) An authority created pursuant to this division shall, by resolution, create a Low and Moderate Income Housing Fund and adopt an affordable housing…
- § 62253 (a) (1) At any time before or after adoption of the plan, any city, county, or special district, other than a school entity as defined in subdivision (n) of…
- § 62254 An authority may do any of the following: (a) Provide for low- and moderate-income housing and affordable housing in accordance with this division. (b) Remedy…
- § 62255 Commencing in the calendar year in which the authority has allocated a cumulative total of more than one million dollars ($1,000,000) in property tax increment…
- § 62256 (a) An authority shall prepare a feasible method or plan for relocation of any families and persons to be temporarily or permanently displaced from housing…
- § 62257 An authority shall receive a priority for assistance in housing programs administered by the Department of Housing and Community Development, and other state…
- § 62258 An authority may transfer its housing responsibilities to a housing authority or city or county housing department if it determines that combining funding…
- § 62259 (a) All housing assisted by an authority created pursuant to this division shall remain affordable for at least 55 years for rental units and 45 years for…
- § 62260 Within the area of the authority, an authority may: (a) Purchase, lease, obtain an option upon, acquire by gift, grant, bequest, devise, or otherwise, any real…
- § 62261 (a) The authority shall retain controls and establish restrictions or covenants running with land sold or leased for private use for those periods of time and…
- § 62261.1 Any action or proceeding to attack, review, set aside, void, or annul the creation of an authority, the adoption of an affordable housing plan pursuant to…
- § 62262 An authority created pursuant to this division shall be a local public agency subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of…
DIVISION 6. Climate Resilience Districts §§ 62300–62313 · 15 sections
- § 62300 This division shall be known, and may be cited, as the Climate Resilience Districts Act.
- § 62301 It is the intent of the Legislature in enacting this division to provide the ability for local governments to create districts for the purpose of addressing…
- § 62302 For purposes of this division: (a) “District” means a climate resilience district formed pursuant to this division. (b) (1) “Eligible project” means a project,…
- § 62303 (a) (1) A city, county, city and county, or a combination of any of those entities may form a climate resilience district pursuant to this division. (2) The…
- § 62303.5 (a) Notwithstanding the procedures for establishing a district under this division, the authority shall be deemed a climate resilience district and is hereby…
- § 62304 (a) Proceedings for the establishment of a district shall be instituted by the adoption of a resolution of intention to establish the proposed district and…
- § 62305 (a) A district shall be governed by a board that has the same membership as a public financing authority as described in Section 53398.51.1. The board shall…
- § 62306 (a) A minimum of 95 percent of the allocated tax increment revenues pursuant to subdivision (b) of Section 62304 shall be used to fund eligible projects. (b)…
- § 62307 In addition to the powers granted to an enhanced infrastructure financing district pursuant to Chapter 2.99 (commencing with Section 53398.50) of Part 1 of…
- § 62308 (a) If a district proposes a measure that will generate revenues for the district that requires voter approval pursuant to the California Constitution, the…
- § 62309 (a) Each district shall prepare an annual expenditure plan that identifies and describes the operations and eligible projects undertaken by the district. The…
- § 62310 (a) A district shall provide for regular audits of its accounts and records, maintain accounting records, and report accounting transactions in accordance with…
- § 62311 (a) All meetings of the district shall be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5). (b)…
- § 62312 (a) The following requirements shall apply to a project that is undertaken or financed by a district: (1) Construction, alteration, demolition, installation,…
- § 62313 (a) Notwithstanding subdivision (b) of Section 62304, a city or county may adopt a resolution providing for the division of taxes of any participating entity…
DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts §§ 62450–62464 · 16 sections
- § 62450 For purposes of this part: (a) “Commercial-to-residential conversion project” means a housing development project that converts an existing qualifying…
- § 62451 The Board of Supervisors of the City and County of San Francisco may establish one downtown revitalization and economic recovery financing district pursuant to…
- § 62451.5 The governing body of a local government, except the City and County of San Francisco, may establish one downtown revitalization and economic recovery…
- § 62452 (a) (1) The district board’s membership shall consist of three members of the governing body and two members of the public chosen by the governing body. The…
- § 62453 (a) The purpose of the district is to finance commercial-to-residential conversion projects with incremental tax revenues generated by…
- § 62454 The creation of the district and the adoption of a downtown revitalization financing plan pursuant to this division shall not be deemed a “project” for…
- § 62455 After adopting the resolution pursuant to Section 62451 or 62451.5, as applicable, the governing body shall send a copy of the resolution to the district…
- § 62456 After receipt of a copy of the resolution of intention to establish the district, the official designated pursuant to Section 62455 shall prepare a proposed…
- § 62457 (a) A downtown revitalization financing plan shall contain a provision that taxes, if any, levied upon opted-in taxable property in the area included within…
- § 62458 (a) The district board shall consider adoption of the downtown revitalization financing plan at three public hearings. (b) At the first public hearing, the…
- § 62459 (a) (1) After the adoption of the downtown revitalization financing plan, the district shall establish a process for eligible commercial-to-residential…
- § 62460 (a) Commercial-to-residential conversion projects that opt in to receive incremental tax revenue pursuant to Section 62459 are public works for which…
- § 62461 All costs incurred by the local government in connection with the division of taxes pursuant to this division for the district shall be paid by the district.
- § 62462 (a) If a local government establishes a district pursuant to this division, it shall develop and submit an annual report to the relevant committees of the…
- § 62463 Any action or proceeding to attack, review, set aside, void, or annul the creation of a district, adoption of a downtown revitalization financing plan,…
- § 62464 This section implements and fulfills the intent of this division and of Article XIII B of the California Constitution. The allocation and payment to a district…