DIVISION 7. COUNTY PROVISIONS [4000. - 4160.]
Division 7 enacted by Stats. 1937, Ch. 368.
§§ 4000–4160 · 65 sections
CHAPTER 1. Private Wharves and Piers §§ 4000–4017 · 18 sections
- § 4000 The board of supervisors of any county may, upon approval of the Public Utilities Commission, grant authority to any person to construct a wharf, chute, or…
- § 4001 The board of supervisors of each county may upon approval of the Department of Finance through the Chief of the Division of State Lands, grant authority to any…
- § 4002 Application for such authority is made by publishing notice as required in the next section, and by filing a petition in writing, containing: (a) The name and…
- § 4003 Each applicant shall publish a notice in at least one newspaper in each county which the wharf or chute touches, and in which it is located or which it will…
- § 4004 When any lands sought to be appropriated and used for a wharf or chute are not owned by the applicant or if a right of way and use has not been obtained by…
- § 4005 If the owner of the land is a nonresident of the county, the sheriff may make service by leaving a copy of the notice of application with the occupant, or…
- § 4006 On the day named in the notice, or to which the hearing is adjourned, the board shall hear proof of the publication and service of notice. If the proof is…
- § 4007 The grant conveys to the grantee or applicant the right of way and all necessary use, for the purposes of the wharf or chute, of any of the overflowed,…
- § 4008 The grant carries with it the right to have unencumbered and unobstructed the land and water on each side of the wharf or chute from high-water mark to…
- § 4009 After authority to construct a wharf or chute has been granted, until the grantee has procured from the owner the right-of-way and other necessary incidental…
- § 4010 The wharf or chute shall not be of a greater width than seventy-five feet, and it may extend to navigable water. A wharf constructed upon any of the navigable…
- § 4011 The orders granting authority, and agreements, contracts, deeds, and decrees of courts granting the right of way and other use of lands, shall be filed and…
- § 4012 The board shall annually fix the rate of tolls or wharfage for the use of the wharf or chute, to produce an income of not less than fifteen nor more than…
- § 4013 When the wharf or chute is completed and the tolls or wharfage fixed, the owner is entitled to a license to take tolls for the term of one year. The license…
- § 4014 An owner or keeper of a wharf or chute who takes toll or wharfage for its use forfeits the sum of twenty-five dollars, and is liable for all damage occasioned,…
- § 4015 Authority shall not be granted under this chapter which will interfere with vested rights, or interfere with or infringe grants made by State authority.…
- § 4016 The lands of the State situated in the city of San Francisco, and those otherwise disposed of or situated within the limits of any incorporated town or city of…
- § 4017 A board of supervisors of a county may grant any railroad corporation authority to construct a wharf on or in front of any lands owned by it bordering on any…
CHAPTER 2. Harbor Improvement Bonds §§ 4040–4140 · 42 sections
ARTICLE 1. Harbor Commission §§ 4040–4049 · 10 sections
- § 4040 In any county of this State in which there exists any harbor, bay, inlet, or other arm of the sea, the board of supervisors, upon receiving a petition signed…
- § 4041 The harbor commission shall consist of five members, each of whom, at the time of his appointment, is and has been for two years a bona fide resident, elector,…
- § 4042 (a) Each commissioner shall, within 20 days after receiving notice of appointment, qualify by taking and subscribing the constitutional oath of office, and by…
- § 4043 Each member of the commission shall receive five dollars for each day actually and necessarily spent in the discharge of his duties under this chapter,…
- § 4044 When a harbor commission appointed under the provisions of this chapter ceases to exist another harbor commission may thereafter be created by the board…
- § 4045 If, after a careful survey, investigation and examination, the commission reports to the board of supervisors that the improvement, development or protection…
- § 4046 When any improvement, development or protection of a bay, inlet, or other arm of the sea, commenced under this chapter is accomplished, and if the board…
- § 4047 The commission may, with the approval of the board of supervisors, appoint and fix the compensation of a clerk, and his necessary office assistants, and it may…
- § 4048 Whenever the commission ceases to exist, it shall make a final report to the board and file all books, records and papers appurtenant to the commission and to…
- § 4049 This chapter does not apply to any harbor, bay, inlet, or other arm of the sea, or any portion thereof, maintained or operated by the State or any municipality…
ARTICLE 2. Bond Election §§ 4060–4068 · 9 sections
- § 4060 With all diligence, the commission shall: (a) Proceed to cause proper surveys to be made of any harbor intended to be improved, developed or protected. (b)…
- § 4061 If the commission, after a careful survey, investigation and examination, finds and reports to the board that the improvement, development or protection of the…
- § 4062 The board shall then fix a date for hearing the report which is not more than thirty nor less than twenty days after the filing, and it shall cause notice of…
- § 4063 If the plans and specifications and report are finally approved by the board, it shall adopt a resolution to that effect. The resolution shall set forth: (a)…
- § 4064 The board shall without delay call an election to determine whether the bonds of the county shall be issued and sold in the amount estimated by the commission…
- § 4065 The election shall be conducted, and the bonds issued and sold and paid for, pursuant to the law concerning the issuance, sale and payment of county bonds, and…
- § 4066 Every election held for the purpose of submitting the question of the issuance and sale of bonds, authorized by this chapter, shall be a special election and…
- § 4067 For the holding of the special election the board may form bond election precincts by adopting the precincts established for general election purposes, or by…
- § 4068 It is sufficient to set forth the purpose for which the bonds are to be issued and sold, to state that they are for the improvement, development or protection…
ARTICLE 3. Improvement and Construction §§ 4080–4086 · 3 sections
- § 4080 Whenever funds necessary for any improvement, development, or protection for which bonds have been voted, are in the county treasury, the commission shall…
- § 4081 The improvement, development, or protection of any harbor, and all work, labor, or service employed therein, shall be under the control and management of the…
- § 4086 The board may at any time require from the commissioners a report of the progress of any work and of the condition of the harbor being improved, developed or…
ARTICLE 4. Funds §§ 4100–4105 · 6 sections
- § 4100 All bonds sold for any purpose contemplated by this chapter shall be sold for not less than their par value and accrued interest. The proceeds shall be…
- § 4101 Prior to the voting of bonds, the board may in all work under this chapter, incur, permit to accrue, audit, approve and pay any demand, debt or obligation…
- § 4102 Upon a showing of necessity by the commission, the board may, by a four-fifths vote, permit the expenditure of an additional five thousand dollars. More than…
- § 4103 All money shall be paid out of the general fund of the county until there is money in the harbor fund sufficient to reimburse the general fund of the county,…
- § 4104 The board, on recommendation of the commission, may use any and all moneys in the harbor fund in conjunction with the State or Federal Government, in any…
- § 4105 The commission shall, once in each six months, make out and verify under oath, and file with the board, a detailed statement of its proceedings, showing: (a)…
ARTICLE 5. Control of Harbor §§ 4120–4122 · 3 sections
- § 4120 Whenever the improvement, development or protection of any such harbor, bay, inlet or other arm of the sea is completed and the commission created under this…
- § 4121 The board of supervisors in which the control and management of any harbor, bay, inlet or other arm of the sea is vested, as provided in this chapter, may…
- § 4122 The board of supervisors of any county in which the control and management of any harbor, bay, inlet or other arm of the sea has vested, as provided for in…
ARTICLE 6. County Harbor Improvement §§ 4130–4140 · 11 sections
- § 4130 “Harbor,” as used in this article, includes any bay, inlet, or other arm of the sea in which the tides of the Pacific Ocean ebb and flow, except such as are…
- § 4131 Any county may improve, develop, protect, and maintain one or more or all of the harbors within its boundaries, upon the conditions, in accordance with the…
- § 4132 Upon receiving a petition signed by persons who are both freeholders and electors in the county, equal in number to at least 15 per cent of the vote cast for…
- § 4133 With all diligence, the harbor commission shall proceed with surveys of the harbor or harbors intended to be improved, developed, or protected, the preparation…
- § 4134 Upon receiving the report and recommendations of the Harbor Commission, the board of supervisors shall consider and determine the feasibility of the project or…
- § 4135 For such a purpose, the county may incur a bonded indebtedness, upon the conditions, in the manner and in accordance with the procedure prescribed by…
- § 4136 Any tax for such a purpose may be levied only if a proposal therefor (specifying the purpose, the rate of tax, and the number of years for which the tax is to…
- § 4137 The work of improving, developing, or protecting the harbor, whether the moneys therefor are the proceeds of the sale of bonds of the county or of a tax levy,…
- § 4138 When the improvement, development, or protection of a particular harbor is completed, and the board of supervisors so find and determine, the management and…
- § 4139 In managing and controlling a harbor, the board of supervisors has authority, upon such terms and conditions as the board shall prescribe, to grant franchises,…
- § 4140 In any year a tax may be levied for the maintenance of the harbor or harbors in the county at a rate calculated to raise a sum of money equal to the amount of…
CHAPTER 3. General Powers of Counties §§ 4150–4160 · 5 sections
ARTICLE 1. Towpaths §§ 4150–4153 · 4 sections
- § 4150 The board of supervisors of each county may, when public convenience for the purpose of commerce requires it, cause to be located and opened a towpath, not…
- § 4151 In order to locate and open a towpath, the same proceedings shall be taken as are required by law to be taken in the respective counties of this State for the…
- § 4152 The owner of any land over which a towpath is located and opened shall not be deprived of the water frontage. He has the free use and enjoyment of his land,…
- § 4153 It is not necessary to construct or maintain fences on either side of any towpath, but the board of supervisors may make all necessary regulations for the…
ARTICLE 2. Miscellaneous § 4160 · 1 section
- § 4160 The board of supervisors of any county in which there is a port of entry or harbor, for which there is not otherwise provided quarantine regulations, may by an…