DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500. - 26654.]
Division 17 added by Stats. 1979, Ch. 1118.
§§ 26500–26654 · 87 sections
CHAPTER 1. Definitions §§ 26500–26512 · 13 sections
- § 26500 Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this division.
- § 26501 “Board of directors” means the governing body of the district.
- § 26502 “Bonds” means bonds, notes, or other evidence of indebtedness issued by a district pursuant to this division.
- § 26503 “Local agency” means a city, a city and county, or a county.
- § 26504 “Clerk”, where not otherwise modified, means the clerk of the district.
- § 26505 “Improvement” means any activity that is necessary or incidental to the prevention, mitigation, abatement, or control of a geologic hazard, including, but not…
- § 26506 “District” means a geologic hazard abatement district created pursuant to this division.
- § 26507 “Geologic hazard” means an actual or threatened landslide, land subsidence, soil erosion, earthquake, fault movement, or any other natural or unnatural…
- § 26508 “Legislative body” means the legislative body of a local agency.
- § 26509 “Plan of control” means a report prepared by an engineering geologist certificated pursuant to Section 7822 of the Business and Professions Code or a firm of…
- § 26510 “Section”, unless otherwise modified, refers to a section of the Public Resources Code.
- § 26511 “State” means the State of California and, where the context requires, any agency or instrumentality thereof.
- § 26512 “Treasurer” means the treasurer of the district.
CHAPTER 2. District Formation §§ 26525–26567 · 25 sections
ARTICLE 1. Purpose § 26525 · 1 section
- § 26525 A geologic hazard abatement district may be formed pursuant to this division for the following purposes: (a) Prevention, mitigation, abatement, or control of a…
ARTICLE 2. Lands Included §§ 26530–26534 · 5 sections
- § 26530 The lands included within a district may be contiguous or noncontiguous.
- § 26531 The lands included within a district may be situated in more than one local agency.
- § 26532 The lands included within a district may be publicly or privately owned.
- § 26533 No parcel of real property shall be divided by the boundaries of the proposed district.
- § 26534 All lands included within a district shall be specially benefitted by construction proposed in a plan of control approved by the legislative body.
ARTICLE 3. Initiation of Proceedings §§ 26550–26560 · 12 sections
- § 26550 The provisions of this chapter shall be inoperative as to a legislative body unless and until the legislative body adopts a resolution declaring that it is…
- § 26550.5 Proceedings for the formation of a district may be initiated by either of the following methods: (a) A petition signed by owners of not less than 10 percent of…
- § 26551 If the territory proposed to be included within a district is located in more than one local agency, the legislative body of the local agency wherein lies the…
- § 26552 A petition initiating proceedings for formation of a district may be presented to the clerk of the legislative body, and shall contain substantially all of the…
- § 26553 A plan of control shall be attached to the petition.
- § 26554 Upon receipt of a petition in the form described in Sections 26550.5, 26551, and 26553, the clerk of the legislative body shall place such petition on the…
- § 26555 No petition shall be accepted by the clerk of the legislative body unless the signatures thereon shall have been secured within 120 days of the date on which…
- § 26556 The clerk of the legislative body shall notify the person whose signature first appears on the petition of any irregularity in the petition. Such notification…
- § 26557 Upon presentation to the legislative body of a petition in the form prescribed by Sections 26551 and 26552, the legislative body shall adopt a resolution…
- § 26558 A resolution of the legislative body intiating proceedings for the formation of a district shall contain substantially the following: (a) A statement that the…
- § 26559 All activities of a local agency taken pursuant to this division for the formation of a district or the annexation of territory thereto are specific actions…
- § 26560 Notwithstanding any other provision of law, proceedings for the formation of a district pursuant to this division are exclusive.
ARTICLE 4. Notice and Hearing §§ 26561–26567 · 7 sections
- § 26561 Notice of the hearing set pursuant to Section 26557 or subdivision (c) of Section 26558 shall be mailed first-class, postage prepaid, in the United States…
- § 26562 A copy of the petition described in Section 26552 or the resolution described in Section 26558 shall be attached to the notice.
- § 26563 The notice shall set forth the time, date, and place of the hearing, briefly describe the purpose thereof, and indicate where the plan of control may be…
- § 26564 At any time not later than the time set for hearing objections to the proposed formation, any owner of real property within the proposed district may make a…
- § 26565 At the time set for hearing objections, the legislative body shall be presented with all objections made pursuant to Section 26564. The legislative body may…
- § 26566 If it appears at the hearing that owners of more than 50 percent of the assessed valuation of the proposed district object to the formation thereof, the…
- § 26567 At the close of the hearing or within 60 days thereafter, the legislative body may proceed by resolution to order the formation of the proposed district. The…
CHAPTER 2.3. District Dissolution §§ 26567.1–26567.3 · 3 sections
- § 26567.1 (a) The legislative body may, by resolution, order the dissolution of a district formed under this division. Any resolution ordering a dissolution is valid…
- § 26567.2 In dissolution proceedings, the legislative body may dispense with the resolution and plan of control required by Sections 26553, 26558, and 26562. After the…
- § 26567.3 Within 90 days after a dissolution, the board of directors shall return any liquid assets of the district to the landowners and local agencies in the same…
CHAPTER 2.5. Emergency Formation §§ 26568–26569.7 · 12 sections
ARTICLE 1. Initiation of Proceedings §§ 26568–26568.3 · 4 sections
- § 26568 The procedures for initiation of proceedings, notice, and hearing and formation of a district under this chapter shall be alternative to the procedures in…
- § 26568.1 Proceedings for the formation of a district for any of the work specified in Section 26525 may be initiated by a petition signed by two-thirds of the property…
- § 26568.2 A petition initiating proceedings for the formation of a district under this chapter shall contain substantially all of the following: (a) A statement that the…
- § 26568.3 (a) Upon presentation to the legislative body of a petition in the form prescribed by Section 26568.2, the legislative body shall adopt a resolution setting a…
ARTICLE 2. Notice and Hearing §§ 26569–26569.4 · 5 sections
- § 26569 Notice of the hearing on short notice set pursuant to Section 26568.3 shall be as follows: (a) Published notice shall be made pursuant to Section 6061 of the…
- § 26569.1 At any time no later than the time set for hearing, any owner of real property within the proposed district may file with the clerk, a written protest to the…
- § 26569.2 At the time set for hearing objections, the legislative body shall be presented with all objections made pursuant to Section 26568.1.
- § 26569.3 If it appears at the hearing that the owners of more than one-third of the real property to be included within the proposed district object to the formation…
- § 26569.4 If a protest by the owners of more than one-third of the real property to be included in the district has not been filed, the legislative body may adopt a…
ARTICLE 3. Nature of the District §§ 26569.5–26569.7 · 3 sections
- § 26569.5 A district formed under this chapter shall be comprised of an area within a local agency that is specially benefited by, and is subject to a special assessment…
- § 26569.6 The legislative body shall appoint itself to act as board of directors of the district.
- § 26569.7 This chapter is applicable only in a city or county which has adopted an ordinance providing that the chapter is applicable in its jurisdiction.
CHAPTER 3. Nature and Powers of the District §§ 26570–26586 · 17 sections
ARTICLE 1. Nature of the District §§ 26570–26573 · 3 sections
- § 26570 A district is a political subdivision of the state. A district is not an agency or instrumentality of a local agency.
- § 26571 A district is comprised of an area specially benefited by and subject to special assessment to pay the cost of an improvement. While a district performs…
- § 26573 The powers of a district are vested in the board of directors.
ARTICLE 2. Powers of a District §§ 26574–26581 · 9 sections
- § 26574 A district may do all of the following: (a) Sue and be sued. (b) Make, amend, and repeal bylaws. (c) Have a seal. (d) Exercise all powers necessary or…
- § 26575 A district may obtain, hire, purchase, or rent office space and equipment.
- § 26576 Within the territorial limits of the district, or for the purposes set forth in this division, a district may acquire real property or any interest therein by…
- § 26577 A district may purchase, lease, obtain an option upon, acquire by gift, grant, bequest, or devise, or otherwise acquire any property or any interest in…
- § 26578 A district may sell, lease, exchange, assign, encumber, or otherwise dispose of property or any interest in property.
- § 26579 The district may enter into contracts and agreements with the United States, any state or local unit of government, public agency, including any other geologic…
- § 26580 The district may: (a) Acquire, construct, operate, manage, or maintain improvements on public or private lands. Such improvements shall be with the consent of…
- § 26580.1 The district may make improvements to existing public or private structures where the board of directors determines that it is in the public interest to do so.
- § 26581 At any time following the adoption of the resolution pursuant to Section 26567, the board of directors may proceed to annex territory to the district. The…
ARTICLE 3. Meetings § 26582 · 1 section
- § 26582 (a) A district shall keep a record of the proceedings of its meetings. A district is subject to the provisions of the Ralph M. Brown Act (commencing with…
ARTICLE 4. Officers §§ 26583–26586 · 4 sections
- § 26583 Following the four-year term of the initially appointed board of directors formed pursuant to Section 26567 and composed of owners of real property within the…
- § 26584 The board of directors shall appoint a clerk of the district.
- § 26585 The board of directors shall appoint a treasurer of the district.
- § 26586 The board of directors may appoint other officers of the district and delegate thereto such powers of the district as may be appropriate in the circumstances.
CHAPTER 4. Finances §§ 26587–26595 · 9 sections
ARTICLE 1. Improvement Act of 1911; Municipal Improvement Act of 1913; Improvement Bond Act of 1915 §§ 26587–26590 · 4 sections
- § 26587 A district may use the Improvement Act of 1911 (commencing with Section 5000 of the Streets and Highways Code) or the Municipal Improvement Act of 1913…
- § 26588 The powers and duties conferred by the Improvement Act of 1911 or the Municipal Improvement Act of 1913 or the Improvement Bond Act of 1915 on the various…
- § 26589 In the application of the Improvement Act of 1911 or the Municipal Improvement Act of 1913 or the Improvement Bond Act of 1915 to proceedings instituted by a…
- § 26590 Any certificates or documents required by the Improvement Act of 1911 or the Municipal Improvement Act of 1913 or the Improvement Bond Act of 1915 to be filed…
ARTICLE 2. Financial Assistance §§ 26591–26595 · 5 sections
- § 26591 A district may accept financial or other assistance from any public or private source and may expend any funds so accepted for any of the purposes of this…
- § 26592 Contributions by a local agency, the state, or any instrumentality or political subdivision thereof, are hereby declared to be for a public purpose.
- § 26593 A district may borrow money from or otherwise incur an indebtedness to a local agency, the state, any instrumentality or political subdivision thereof, the…
- § 26594 A district may repay any financial assistance accepted pursuant to Section 26591.
- § 26595 A district may reimburse the local agency for all or any part of the cost and expenses incurred by the local agency in formation of the district.
CHAPTER 5. Improvements §§ 26600–26601 · 2 sections
- § 26600 The board of directors may negotiate improvement contracts or may award such contracts by competitive bidding pursuant to procedures approved by the board of…
- § 26601 Improvement caused to be undertaken pursuant to this division, and all activities in furtherance thereof or in connection therewith, shall be deemed to be…
CHAPTER 6. Maintenance §§ 26650–26654 · 6 sections
- § 26650 A district may levy and collect assessments pursuant to this chapter to pay for the cost and expenses of the maintenance and operation of any improvements…
- § 26651 The board of directors shall adopt a resolution declaring its intention to order that the cost and expenses of maintaining and operating an improvement…
- § 26652 The board of directors shall cause a notice of the adoption of the resolution described in Section 26651 to be mailed by first class mail to each owner of real…
- § 26653 At the hearing, the board of directors shall hear and consider all protests. At the conclusion of the hearing, the board of directors may adopt, revise,…
- § 26653.5 If assessments are proposed to increase from the maximum amount levied in any previous year, the board of directors shall comply with the notice, protest, and…
- § 26654 Following the order by resolution of the levy and collection of assessments by the board of directors, the clerk shall cause to be recorded a notice of…