CHAPTER 2.5. Open Space Maintenance Districts
Chapter 2.5 added by Stats. 1965, Ch. 1503.
§§ 50575–50628 · 35 sections
ARTICLE 1. General Provisions §§ 50575–50583 · 9 sections
- § 50575 This chapter may be known and cited as the Open Space Maintenance Act.
- § 50576 The procedure established herein shall be additional or alternative to any other procedure established by ordinance or state law. The election to proceed under…
- § 50577 Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction and…
- § 50578 “Clerk” means the clerk of the legislative body of the local agency.
- § 50579 “Maintenance” means the performance of all acts and doing of the things necessary to carry out the purposes of this chapter, including the maintenance and…
- § 50580 “Open space” or “open area” means any space or area characterized by great natural scenic beauty or whose existing openness, natural condition, or present…
- § 50581 “Open space maintenance district” or “district” means any district created pursuant to the provisions of this chapter to pay the assessments for the…
- § 50582 The purpose of this chapter is to provide a means whereby any local agency may form maintenance districts within which property may be assessed to pay the…
- § 50583 In addition to matters specified elsewhere in this chapter, the acts authorized under this chapter include the following: (a) The formation of districts…
ARTICLE 2. Formation of District §§ 50590–50607 · 12 sections
- § 50590 Proceedings for the formation of an open space maintenance district may be initiated by petition signed by the owners of assessable land in the proposed…
- § 50591 Before the legislative body adopts an ordinance of intention to form the district, the superintendent of streets or other officer, board or commission of the…
- § 50592 After the filing of the report, the clerk shall present it to the legislative body for consideration. The legislative body may approve, amend, alter, modify or…
- § 50593 If the legislative body determines that the public interest and convenience require the formation of a district, it may adopt an ordinance declaring its…
- § 50594 The proposed assessment district may be described in the ordinance of intention by stating the exterior boundaries thereof or by referring to the diagram…
- § 50596 The legislative body in its discretion may, in the ordinance of intention or at any subsequent time, order that a portion of the costs and expenses of the…
- § 50597 The ordinance of intention shall be published as provided in Section 6061 and at least 15 days before the date set for hearing protests or objections.
- § 50603 At the hearing the legislative body may order changes in the proposed maintenance or the proposed boundaries of the district by the elimination of any portion…
- § 50604 If the boundaries are changed, objections or protests made by owners of land excluded by the change shall not be counted in computing a majority protest, but…
- § 50605 Except in the case of a majority protest, the legislative body may sustain or deny any or all objections or protests and its determination is final. The…
- § 50606 If the legislative body decides to proceed, it shall by ordinance fix and establish the boundaries of the district, declare that the district is formed…
- § 50607 Any objections or protests not made at the time and in the manner provided for by this chapter are deemed waived voluntarily. The validity of proceedings taken…
ARTICLE 3. Administrative Provisions §§ 50610–50615 · 6 sections
- § 50610 The legislative body shall have complete charge, supervision and control of all open areas maintained pursuant to the provisions of this chapter. The…
- § 50611 The legislative body may enter into such annual contracts as may be required for performance of the maintenance or may cause any part or parts thereof to be…
- § 50612 The legislative body may levy an annual ad valorem special assessment not to exceed fifty cents ($0.50) per one hundred dollars ($100) assessed valuation of…
- § 50613 The proceeds of the annual special assessments shall be paid to the treasurer of the local agency, who shall place the proceeds in a special fund to the credit…
- § 50614 If for any reason there shall be a deficiency in the funds derived from the annual assessments levied for the district, the legislative body may meet the…
- § 50615 Any unexpended balance remaining in the special fund for the district after the payment of the costs and expenses of the maintenance for which the assessment…
ARTICLE 4. Annexations, Additions and Withdrawals §§ 50620–50628 · 8 sections
- § 50620 The boundaries of any district may be altered, and contiguous or noncontiguous territory may be annexed thereto. The legislative body may by resolution fix a…
- § 50621 The legislative body shall direct the clerk to give notice of the time, place and purpose of the hearing, by mailing written notice to each property owner…
- § 50622 The legislative body shall also direct the clerk to publish a notice as provided in Section 6061 and at least 15 days before the date set for hearing. The…
- § 50623 At the time fixed for the hearing or to which it may be continued, the legislative body shall hear and pass upon the proposal and any objections which may be…
- § 50624 If, after the formation of a district, the addition of properties to be maintained as open areas by the existing district is proposed, the legislative body…
- § 50626 Any portion of any district which will not be benefited by remaining within the district may be withdrawn therefrom. The legislative body may by resolution fix…
- § 50627 Any person interested may appear at the hearing and object to the withdrawal of the portion from the district or may object to the continuance of the remaining…
- § 50628 This chapter shall be liberally construed in order to effectuate its purposes. If any provision of this chapter or the application thereof to any person,…