CHAPTER 1. General
Chapter 1 added by Stats. 1949, Ch. 81.
§§ 50001–50290 · 158 sections
ARTICLE 1. Definitions §§ 50001–50002 · 2 sections
ARTICLE 2. Powers and Duties of Legislative Bodies §§ 50020–50034 · 24 sections
- § 50020 When a statute requires a local agency to take legislative action by resolution and the local agency is required by its charter to take legislative action by…
- § 50022.1 (a) “Code,” as used in this article, means any statute, or any published compilation of rules, regulations or standards adopted by the federal government or…
- § 50022.2 Provided that all the procedures and requirements of this article are complied with, any local agency is hereby authorized to enact any ordinance which adopts…
- § 50022.3 After the first reading of the title of the adopting ordinance and of the title of the code to be adopted thereby, and of the title of the secondary codes…
- § 50022.4 After the hearing, the legislative body may amend, adopt or reject the adopting ordinance in the same manner in which it is empowered to act in the case of…
- § 50022.5 Nothing contained in this article shall be deemed to relieve any local agency from the requirement of publishing in full the ordinance that adopts any code,…
- § 50022.6 At least one copy of each primary code adopted by reference, and of each secondary code pertaining thereto, all certified to be true copies by the clerk of the…
- § 50022.7 If at any time any code which any local agency has previously adopted by reference, shall be amended by the agency which originally promulgated or adopted it,…
- § 50022.8 Copies of such codes in published form, duly certified by the clerk of the legislative body, shall be received without further proof as prima facie evidence of…
- § 50022.9 A city may enact ordinances which adopt by reference county ordinances, codes, or any parts thereof and any amendments thereto by complying with the…
- § 50022.10 A code adopted and fully published or adopted by reference as provided in this article, may be subsequently recodified or recompiled and thereafter adopted by…
- § 50023 The legislative body of a local agency, directly or through a representative, may attend the Legislature and Congress, and any committees thereof, and present…
- § 50024 The legislative bodies of local agencies may enter into associations and through a representative of the associations attend the Legislature and Congress, and…
- § 50025 By resolution, a legislative body may withdraw from the association at any time.
- § 50026 The legislative body of any local agency, chartered or general law, which is otherwise authorized by law or charter to impose any tax on the privilege of…
- § 50026.5 (a) The legislative body of any local agency, chartered or general law, which is otherwise authorized by law or charter to impose any tax, shall not impose any…
- § 50027 Any city, county, or city and county in the State of California may, pursuant to such provisions as may be prescribed by its governing body, prohibit or…
- § 50028 (a) The legislative body of any county, city, or city and county, whether general law or chartered, may adopt, by ordinance, such rules and regulations as it…
- § 50029 The board of supervisors of the County of Orange or the city council of any city in that county may, by resolution, establish a fee program requiring the…
- § 50030 Any permit fee imposed by a city, including a chartered city, a county, or a city and county, for the placement, installation, repair, or upgrading of…
- § 50031 (a) A city, including a charter city, county, including a charter county, or city and county, including a charter city and county, that approves a building…
- § 50032 (a) It is the intent of the Legislature to establish minimum crowd safety standards to guide local authorities when permitting large outdoor events throughout…
- § 50033 (a) Notwithstanding any other provision of law: (1) The legislative body of a city, county, or city and county shall not grant credit for service to an…
- § 50034 (a) (1) No later than January 1, 2029, a local agency that maintains an internet website for use by the public shall ensure that the internet website utilizes…
ARTICLE 3. Financial Affairs §§ 50050–50057 · 9 sections
- § 50050 (a) For purposes of this article, “local agency” includes all districts. Except as otherwise provided by law, money, excluding restitution to victims, that is…
- § 50051 The notice shall state the amount of money, the fund in which it is held, and that it is proposed that the money will become the property of the local agency…
- § 50052 Upon or prior to publication, a party of interest may file a claim with the treasurer which must include the claimant’s name, address, amount of claim, the…
- § 50052.5 (a) Notwithstanding Section 50052, the treasurer may release to the depositor of the unclaimed money, their heir, beneficiary, or duly appointed…
- § 50053 When any such money becomes the property of a local agency and is in a special fund, the legislative body may transfer it to the general fund.
- § 50054 Whenever any city or county or city and county renders construction services or constructs public works for any city, county, city and county or any other…
- § 50055 Any other provision of this article notwithstanding, any individual items of less than fifteen dollars ($15), or any amount if the depositor’s name is unknown,…
- § 50056 The responsibilities of the treasurer as provided under this article may be delegated by the treasurer to the agency, district, or department that maintains…
- § 50057 For individual items in the amount of five thousand dollars ($5,000) or less, the legislative body of any county may, by resolution, authorize the county…
ARTICLE 3.1. Habitat Maintenance Assessment Districts §§ 50060–50070 · 17 sections
- § 50060 As used in this article: (a) “District” means a habitat maintenance assessment district formed pursuant to this article. (b) “Improvement” means one or any…
- § 50060.5 (a) A local agency may, by ordinance or by resolution adopted after notice and hearing, establish a district to provide for the improvement or maintenance of…
- § 50061 (a) The ordinance or resolution shall establish uniform assessment rates based on the costs of providing the maintenance or improvement by the district. The…
- § 50061.5 (a) The legislative body of the local agency shall cause to be prepared and filed with the clerk of the local agency a written report which shall contain all…
- § 50062 (a) The assessment shall refer to the fiscal year to which it applies and shall do all of the following: (1) State the net amount, determined in accordance…
- § 50062.5 If a district established pursuant to this article levies an assessment under this article to maintain or improve natural habitat, any lot or parcel is…
- § 50063 After approval of the report, either as filed or as modified, the legislative body shall adopt a resolution of intention. The resolution shall do all of the…
- § 50063.5 (a) The legislative body may establish zones or areas of benefit within the district and shall restrict the imposition of assessments to areas lying within…
- § 50064 The clerk of the local agency shall cause notice of the filing of the report prepared pursuant to Section 50061.5, and of a time, date, and place of hearing…
- § 50066 If the local agency is a city, it shall pay the county for costs, if any, incurred by the county in conducting the election. An election called by a…
- § 50067 (a) If no majority protest exists pursuant to Section 53753, the legislative body may adopt a resolution ordering the improvements and the formation of the…
- § 50067.5 The legislative body may provide for the collection of the assessment in the same manner, and subject to the same penalties as, other fees, charges, and taxes…
- § 50068 (a) The legislative body may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of the proposed improvements…
- § 50068.5 The legislative body shall provide by resolution each year for the levy and collection of annual assessments to pay for the long-term maintenance of natural…
- § 50069 Any resolution providing for the levy of assessments for payment of debt service on bond debt or notes, or for the long-term maintenance of natural habitat, or…
- § 50069.5 (a) Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure applies to any judicial action or proceeding to validate,…
- § 50070 This article does not limit or prohibit the levy or collection of any other fee, charge, assessment, or tax for habitat maintenance authorized by any other…
ARTICLE 3.5. Voter-Approved Special Taxes §§ 50075–50077.5 · 7 sections
- § 50075 It is the intent of the Legislature to provide all cities, counties, and districts with the authority to impose special taxes, pursuant to the provisions of…
- § 50075.1 On or after January 1, 2001, any local special tax measure that is subject to voter approval that would provide for the imposition of a special tax by a local…
- § 50075.3 The chief fiscal officer of the levying local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year…
- § 50075.5 As used in this article: (a) “Local agency” means any county, city, city and county, including a charter city or county, or any special district. (b) “Special…
- § 50076 As used in this article, “special tax” shall not include any fee which does not exceed the reasonable cost of providing the service or regulatory activity for…
- § 50077 (a) Except as provided in Section 7282 of the Revenue and Taxation Code, the legislative body of any city, county, or district may, following notice and public…
- § 50077.5 (a) Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure applies to any judicial action or proceeding to validate,…
ARTICLE 3.6. Fire Suppression Assessments §§ 50078–50078.20 · 12 sections
- § 50078 Any local agency which provides fire suppression services directly or by contract with the state or a local agency may, by ordinance or by resolution adopted…
- § 50078.1 As used in this article, the following terms have the following meanings: (a) “Legislative body” means the board of directors, trustees, governors, or any…
- § 50078.2 (a) The ordinance or resolution shall establish uniform schedules and rates based upon the type of use of property and the risk classification of the…
- § 50078.3 Any ordinance or resolution adopted by a local agency pursuant to this article establishing uniform schedules and rates for assessments for fire suppression…
- § 50078.4 The legislative body of the local agency shall cause to be prepared and filed with the clerk of the local agency a written report which shall contain all of…
- § 50078.5 (a) The legislative body may establish zones or areas of benefit within the local agency and may restrict the imposition of assessments to areas lying within…
- § 50078.6 The clerk of the local agency shall cause the notice, protest, and hearing procedures to comply with Section 53753. The mailed notice shall also contain the…
- § 50078.13 The local agency shall pay the county for costs, if any, incurred by the county in conducting the election. An election called by a legislative body pursuant…
- § 50078.16 The legislative body may provide for the collection of the assessment in the same manner, and subject to the same penalties as, other fees, charges, and taxes…
- § 50078.17 Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure applies to any judicial action or proceeding to validate, attack,…
- § 50078.19 This article does not limit or prohibit the levy or collection of any other fee, charge, assessment, or tax for fire suppression services authorized by any…
- § 50078.20 Any fire protection district may specifically allocate a portion of the revenue generated pursuant to this article to pay the interest and that portion of the…
ARTICLE 3.8. School Districts §§ 50079–50079.6 · 6 sections
- § 50079 (a) Subject to Section 4 of Article XIII A of the California Constitution, any school district may impose qualified special taxes within the district pursuant…
- § 50079.1 A community college district may impose a special tax pursuant to Article 3.5 (commencing with Section 50075). The special taxes shall be applied uniformly to…
- § 50079.2 Notwithstanding any other law, when any school district in the County of Santa Barbara is in any manner merged with one or more school districts so as to form…
- § 50079.3 Notwithstanding any other law, the Santa Barbara Unified School District may impose a special tax in compliance with Article 3.5 (commencing with Section…
- § 50079.5 This article shall not be construed to affect the authority of any community facilities district to levy any special tax or other charge under Chapter 2.5…
- § 50079.6 (a) In addition to those persons described in subparagraphs (A) to (C), inclusive, of paragraph (1) of subdivision (b) of Section 50079, a qualified special… see note
ARTICLE 4. Officers and Employees §§ 50080–50089 · 13 sections
- § 50080 When the legislative body of a local agency orders an officer or employee to attend a special training school he may be paid from the treasury his traveling…
- § 50081 (a) To the extent that funds have been made available to a local agency pursuant to Section 50082, the legislative body of a local agency shall furnish each…
- § 50081.1 The legislative body of a local agency may furnish police officers and deputy sheriffs assigned to solo motorcycle duty with the following safety equipment:…
- § 50081.2 The legislative body of a local agency may furnish police officers and deputy sheriffs assigned to helicopter duty with the following safety equipment: (a)…
- § 50082 The Legislature shall make available to the Commission on Peace Officer Standards and Training in the Department of Justice for allocation to local agencies,…
- § 50083 No local agency or district shall require that its employees be residents of such local agency or district.
- § 50084 Each local agency’s hiring practices and promotional practices shall conform to the Federal Civil Rights Act of 1964.
- § 50084.5 (a) (1) A local official, whether elected or appointed, shall not make available to an immediate family member a public vehicle owned or operated by, or a…
- § 50085 No local agency shall, as a part of its hiring practices or promotional practices, employ any educational prerequisites or testing or evaluation methods which…
- § 50085.5 (a) Every local agency shall provide to the Civil Rights Council a copy of any affirmative action plan and subsequent amendments to such plan adopted by the…
- § 50086 No person who is summoned by a county sheriff, city police department, fire department, park ranger, or other local agency to voluntarily assist in a search or…
- § 50088 (a) As used in this section: (1) “Civil service system,” as applied to a county or city or county, means the approved local merit system (ALMS). (2) “Veteran”…
- § 50089 (a) Any employee organization primarily comprised of peace officers, as described by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the…
ARTICLE 5. Books, Maps, and Other Documents §§ 50110–50115 · 6 sections
- § 50110 The legislative body, and each office, officer, or employee of a local agency shall furnish the clerk three copies of each printed, mimeographed, or processed…
- § 50111 When a book, document, map, or record required to be kept by an officer of a local agency is damaged by conflagration or other public calamity, the legislative…
- § 50112 When copied, the book, document, map, or record shall be carefully compared with the original. The persons comparing shall each make an affidavit which shall…
- § 50113 The certified copy is prima facie evidence of the contents of the original book, document, map, or record, and shall bear the name and designation of the…
- § 50114 The legislative body may make reasonable provision to pay for copying the books, documents, maps, and records, not exceeding the amount authorized for copying…
- § 50115 Unless another provision of law requires a longer retention period, the clerk of the legislative body may destroy or otherwise dispose of any paper or document…
ARTICLE 6. Reimbursement for Use of Drainage Structures §§ 50140–50143 · 4 sections
- § 50140 Whenever any statute, ordinance, or regulation requires that as a condition to the erection of one or more buildings or structures, sewers, drains, or other…
- § 50141 Whenever the legislative body of a local agency pursuant to this article has reimbursed or agreed to reimburse a builder for the construction of a lateral or…
- § 50142 The word “person” as used in this article in reference to a person liable to pay a charge includes districts formed for the purpose of constructing or…
- § 50143 When property is subject to a fee which has been or may be imposed under the authority of this article and also to a fee which has been or may be imposed under…
ARTICLE 9. Abandoned Excavations §§ 50230–50257 · 28 sections
- § 50230 As used in this article: (a) “Local agency” means a city, a city and county, or a county. (b) “Legislative body” means the legislative body of a local agency.…
- § 50231 The legislative body may declare by resolution as public nuisances and abate all abandoned excavations located upon private property within the local agency.…
- § 50232 The resolution shall describe the property upon which the nuisance exists by giving its lot and block number according to the official or local agency…
- § 50233 Any number of parcels of private property may be included within one resolution.
- § 50234 After passage of the resolution, the superintendent shall cause notices to be conspicuously posted on or in front of the property on which the nuisance exists.…
- § 50235 The heading of the notices shall be “Notice to abate abandoned excavation” in letters not less than one inch in height.
- § 50236 The notice shall be substantially in the following form: NOTICE TO ABATE ABANDONED EXCAVATION Notice is hereby given that on the ____ day of ____, 19__, the…
- § 50237 The notices shall be posted at least five days prior to the time for hearing objections by the legislative body. A copy of the written notice shall be mailed…
- § 50238 At the time stated in the notices, the legislative body shall hear and consider all objections to the proposed abatement of the abandoned excavation. It may…
- § 50239 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…
- § 50240 The decision of the legislative body is final.
- § 50241 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. The order…
- § 50242 The superintendent may enter upon private property to abate the nuisance.
- § 50243 Before the superintendent arrives, any property owner may abate the abandoned excavation at his own expense.
- § 50244 The superintendent shall keep an account of the cost of abatement on each separate parcel of land where the work is done by him. He shall submit to the…
- § 50245 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…
- § 50246 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…
- § 50247 The cost of abatement upon each parcel of land constitutes a special assessment against that parcel. After the assessment is made and confirmed, it is a lien…
- § 50248 After confirmation of the report, a copy shall be given to the assessor and tax collector of the local agency, who shall add the amount of the assessment to…
- § 50249 If the county assessor and the tax collector assess property and collect taxes for the city, a certified copy of the report shall be filed with the county…
- § 50250 The county auditor shall enter each assessment on the county tax roll opposite the parcel of land.
- § 50251 The amount of the assessment shall be collected at the time and in the manner of ordinary local agency taxes. If delinquent, the amount is subject to the same…
- § 50252 As an alternative method the county tax collector in his discretion may collect the assessments without reference to the general taxes by issuing separate…
- § 50253 Laws relating to the levy, collection, and enforcement of county taxes apply to such special assessment taxes.
- § 50254 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…
- § 50255 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.…
- § 50256 If the legislative body finds that property damage was caused by the negligence of an officer or employee of the local agency in connection with the abatement…
- § 50257 Anything contained in this article to the contrary notwithstanding, the legislative body shall not require to be filled any abandoned excavation which contains…
ARTICLE 10. Human Relations §§ 50260–50265 · 6 sections
- § 50260 The purpose of this article is to promote the establishment in counties and cities and counties throughout the state of commissions designed to foster peaceful…
- § 50261 It is hereby found that the promotion of positive human relations for the purpose of insuring public peace, health, safety, and general welfare of all the…
- § 50262 The governing body of any city or county may, by ordinance, create a commission on human relations. The governing body shall determine the number of members of…
- § 50263 The governing body may assign personnel to the commission or permit the commission to employ an executive director, a secretary, and such attorneys, experts…
- § 50264 It shall be the responsibility of the commission: (a) To foster mutual respect and understanding among all people, including people subject to prejudice and…
- § 50265 A commission on human relations created under the provisions of Section 50262 shall discharge the following obligations: (a) To hold conferences, and other…
ARTICLE 11. City Selection Committees §§ 50270–50279.2 · 12 sections
- § 50270 In any county in which two or more cities are incorporated there is hereby created a city selection committee the purpose of which shall be to appoint city…
- § 50270.5 As used in this article, “clerk” means the clerk of a county or the legislative body thereof. Where the office of county clerk is separate from the office of…
- § 50271 (a) When the mayor is unable to attend a meeting of a city selection committee, the mayor shall designate another member of the city’s legislative body to…
- § 50272 Representatives of a majority of the number of cities within a county entitled to representation on the city selection committee shall constitute a quorum of…
- § 50273 In order to provide for initial organization of a city selection committee pursuant to this article, an organizational meeting of each committee shall be held…
- § 50274 (a) At the first organizational meeting of a city selection committee held pursuant to Section 50273, it shall select from among its members a permanent…
- § 50275 In order to carry out the provisions and purposes of this article, a city selection committee shall formulate and adopt rules and regulations to govern the…
- § 50276 The clerk of each county shall act as the permanent secretary and recording officer of the city selection committee organized within such county. All meetings…
- § 50277 A city selection committee shall conduct regular meetings at the times specified by it in its rules and regulations, and shall also meet upon the call of its…
- § 50278 At least two weeks prior to the date of any meeting of a city selection committee, the secretary of the committee shall give notice of the meeting to each…
- § 50279 Members of a city selection committee shall serve without compensation.
- § 50279.2 Notwithstanding any other provision of this article, in any county in which there is only one incorporated city, the legislative body of such city is hereby…
ARTICLE 12. Historical Property Contracts §§ 50280–50290 · 12 sections
- § 50280 Upon the application of an owner or the agent of an owner of any qualified historical property, as defined in Section 50280.1, the legislative body of a city,…
- § 50280.1 “Qualified historical property” for purposes of this article, means privately owned property which is not exempt from property taxation and which meets either…
- § 50281 Any contract entered into under this article shall contain the following provisions: (a) The term of the contract shall be for a minimum period of 10 years.…
- § 50281.1 The legislative body entering into a contract described in this article may require that the property owner, as a condition to entering into the contract, pay…
- § 50282 (a) Each contract shall provide that on the anniversary date of the contract or such other annual date as is specified in the contract, a year shall be added…
- § 50284 If the legislative body determines that the owner has breached any of the conditions of the contract provided for in this article or has allowed the property…
- § 50285 No contract shall be canceled under Section 50284 until after the legislative body has given notice of, and has held, a public hearing on the matter. Notice of…
- § 50286 (a) If a contract is canceled under Section 50284, the owner shall pay a cancellation fee equal to 121/2 percent of the current fair market value of the…
- § 50287 As an alternative to cancellation of the contract for breach of any condition, a landowner that is a party to the contract may bring any action in court…
- § 50288 In the event that property subject to contract under this article is acquired in whole or in part by eminent domain or other acquisition by any entity…
- § 50289 In the event that property restricted by a contract with a county under this article is annexed to a city, the city shall succeed to all rights, duties, and…
- § 50290 Local agencies and owners of qualified historical properties may consult with the State Historical Resources Commission for its advice and counsel on matters…