CHAPTER 9. Special Assessments

Chapter 9 added by Stats. 1979, Ch. 29.

§§ 33800–33855 · 51 sections

1. ARTICLE 1. Definitions §§ 33800–33804 · 5 sections

   • § 33800 The definitions contained in this article govern the construction of this chapter, unless the context requires otherwise.
   • § 33801 “Indebtedness” means any obligations incurred by a redevelopment agency prior to July 1, 1978, the payment of which is to be made in whole or in part out of…
   • § 33802 “Indebtedness” also means a loan from the Local Agency Indebtedness Fund pursuant to Article 6.5 (commencing with Section 16496) of Chapter 3 of Part 2 of…
   • § 33803 “Payment” means any payment of principal or interest payable with respect to indebtedness payable from taxes allocated pursuant to subdivision (b) of Section…
   • § 33804 “Persons and families of low or moderate income” has the same meaning as defined in Section 50093.
2. ARTICLE 2. Findings and Declarations §§ 33810–33817 · 8 sections

   • § 33810 The Legislature finds and declares that the security of millions of dollars of indebtedness incurred prior to July 1, 1978, and dependent upon taxes allocated…
   • § 33811 The Legislature further finds and declares that unless supplemental sources of revenue for the payment of such indebtedness can be established, a substantial…
   • § 33812 The Legislature further finds and declares that such defaults and breach of contracts may result in lengthy and costly legal actions against public agencies…
   • § 33813 The Legislature further finds and declares that there is a need to establish a flexible procedure to enable legislative bodies to obtain necessary supplemental…
   • § 33814 The Legislature further finds and declares that certain properties within the boundaries of redevelopment project areas established pursuant to the Community…
   • § 33815 The Legislature further finds and declares that the establishment of special assessments on the properties so specially benefited from the activities described…
   • § 33816 It is the purpose of this chapter to authorize and provide for the establishment of special assessment areas within redevelopment project areas and for the…
   • § 33817 A special assessment area may include any or all property within a project area as the project area existed on July 1, 1978, established pursuant to Chapter 4…
3. ARTICLE 3. Proceedings §§ 33820–33839 · 24 sections

   • § 33820 Special assessment areas wholly within redevelopment project areas may be established and special assessments levied within such special assessment areas…
   • § 33821 When, in the opinion of the governing board of an agency, it is determined that there will be insufficient tax revenues allocated to the agency to pay its…
   • § 33822 The report shall contain all of the following: (a) The total amount of outstanding indebtedness incurred by the agency with respect to the project area…
   • § 33822.5 Copies of contracts, agreements, and other documents specified in subdivision (e) of Section 33822 shall be made available to the public at the time the report…
   • § 33822.7 The agency shall notify the Department of Housing and Community Development within five days following the filing of a report with the legislative body…
   • § 33823 After the receipt of the report, the legislative body may adopt a resolution of intention to form a special assessment area and to levy special assessments on…
   • § 33824 The resolution of intention shall: (a) Describe the exterior boundaries of the special assessment area. (b) Include the estimated annual amounts needed to be…
   • § 33825 The resolution shall contain a notice of the time and place at which any person may appear before the legislative body and object to the formation of the…
   • § 33826 The notice shall contain all of the following: (a) A statement of the time, place, and purpose of the hearing on the resolution of intention and report of the…
   • § 33827 The clerk of the legislative body shall give notice of the time and place in the resolution of intention as provided in Section 33825.
   • § 33828 The notice shall be published pursuant to Section 6066 of the Government Code, the first publication of which shall be at least 20 days prior to the date set…
   • § 33829 No proceeding shall be held invalid for the failure to mail notice to any property owner or occupant or to post the notice if there has been substantial…
   • § 33830 If no newspaper is published and circulated in the city, the notice shall be published in a newspaper published in any county in which the city is located.
   • § 33831 Any owner of property within the proposed special assessment area may protest the formation of the special assessment area, the extent thereof, or the proposed…
   • § 33832 At the time and place set for hearing on the formation of the special assessment area and levy of special assessments, the legislative body shall consider the…
   • § 33833 If protests are filed against the special assessment area, and the legislative body finds that such protests are signed by the owners of more than one-half of…
   • § 33834 If it is necessary, in order to find whether a majority protest exists, to determine whether any or all of the signers of written protests are the “owners” of…
   • § 33835 Prior to final action on the report, the legislative body shall find and determine, based on evidence submitted at the public hearing, (a) whether the…
   • § 33835.3 In no event shall a special assessment be levied pursuant to this chapter if the amount specified in the adopted report pursuant to subdivision (b) of Section…
   • § 33835.5 Prior to taking final action on the report pursuant to either Section 33821 or 33837, the legislative body shall find and determine that the total amount of…
   • § 33836 If written protests by more than one-half of the area of the property in the special assessment area are either not received or are received and are overruled…
   • § 33837 Prior to May 15th of each year, after the first fiscal year, during which the assessment district is to continue, the agency shall file with the legislative…
   • § 33838 After receiving a report pursuant to Section 33837, the legislative body shall review and adopt the report, either as presented or as modified, and shall take…
   • § 33839 Notwithstanding any other provision of this chapter, all tax increments allocated to the agency pursuant to subdivision (b) of Section 33670 with respect to a…
4. ARTICLE 4. Collection of Assessments §§ 33840–33845 · 8 sections

   • § 33840 Immediately after the levy, but in all cases before July 15th, a certified copy of the diagram and assessment shall be filed with the county auditor. The…
   • § 33840.5 A city or county which levies assessments pursuant to this chapter shall pay to the county tax collector all such assessments levied on real property…
   • § 33840.7 (a) Each city or county which makes a finding that the assessment area includes property containing residential dwelling units shall establish procedures to…
   • § 33841 The lien of an assessment levied pursuant to this chapter shall be subordinate to all fixed special assessment liens previously imposed upon the same property…
   • § 33842 Assessments levied under this chapter shall be subject to all the provisions of Division 1 (commencing with Section 101) of the Revenue and Taxation Code…
   • § 33843 The special assessments provided for in the resolution adopted pursuant to Section 33836 shall be deemed to have been levied in each succeeding year until the…
   • § 33844 All the proceeds of the assessment shall be placed in a separate fund of the legislative body and shall be transferred to the agency only for the payment of…
   • § 33845 Upon receipt of any proceeds from the legislative body pursuant to Section 33844, the agency shall either immediately use such proceeds for the payment of…
5. ARTICLE 5. Legal Actions, Exceptions §§ 33850–33855 · 6 sections

   • § 33850 The validity of any assessment levied under this chapter shall not be contested in any action or proceeding unless commenced within 60 days after the levy…
   • § 33851 Nothing in this chapter shall be construed as authorizing the sale or issuance of bonds.
   • § 33852 All proceedings and decisions undertaken or made pursuant to this chapter shall be exempt from the requirements of Division 13 (commencing with Section 21000)…
   • § 33853 The Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Division 4 (commencing with Section 2800) of the Streets and Highways Code,…
   • § 33854 If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions…
   • § 33855 If Section 33840.5 or any portion thereof is held invalid such invalidity shall not affect other provisions of this chapter which can be given effect without…