PART 1. CHANGE OF GRADE ACT OF 1909 [8000. - 8062.]
Part 1 added by Stats. 1941, Ch. 79.
§§ 8000–8062 · 30 sections
CHAPTER 1. General Provisions §§ 8000–8009 · 10 sections
- § 8000 This part may be cited as the Change of Grade Act of 1909.
- § 8001 This part shall be liberally construed in order to effectuate its purposes.
- § 8002 “City” includes all corporations organized and existing for municipal purposes.
- § 8003 “City council” and “council” include any body which by law is the legislative department of the government of the city.
- § 8004 “Clerk” and “city clerk” include any person or officer who is clerk of the city council.
- § 8005 “Street superintendent” includes any person, officer or board whose duty it is under the law to have the care or charge of streets, or the improvement thereof,…
- § 8006 “Street” includes public street, lane, alley, court, or other place.
- § 8007 “Ordinance” includes resolution.
- § 8008 Proof of publication of any notice required by this part shall be made by affidavit, as provided in the Code of Civil Procedure, and proof of the posting of…
- § 8009 This part provides an alternative system of proceedings for changing or modifying the grades of streets in cities; and the provisions of this part shall not…
CHAPTER 2. The Ordinance of Intention §§ 8020–8026 · 7 sections
- § 8020 The city council of any city may change or modify the grade of streets therein, in the manner provided in this part.
- § 8021 The election of the city council to proceed under the provisions of this part shall be expressed in its ordinance of intention to order any change or…
- § 8022 Before any change or modification of grade is ordered, the city council shall pass an ordinance of intention to order such change or modification of grade. The…
- § 8023 The ordinance of intention shall be posted conspicuously for two days on or near the chamber door of the city council, and shall be published by two insertions…
- § 8024 The street superintendent shall thereupon cause copies of the notice of the passage of the ordinance of intention to be conspicuously posted along all streets…
- § 8025 The notice shall be headed “Notice of Change of Grade,” in letters of not less than one inch in height, and shall in legible characters state the fact of the…
- § 8026 The street superintendent shall also cause a notice similar in substance to be published for six days in a daily newspaper published and circulated in the…
CHAPTER 3. Protests and Hearing §§ 8040–8049 · 10 sections
- § 8040 Any person owning any real property fronting upon any street or portion thereof on which such change or modification of grade is proposed to be made, may,…
- § 8041 Every protest shall contain a description of the property owned by each signer thereof, sufficient to identify the property, and if signed by more than one…
- § 8042 The clerk of the city council shall indorse on every protest the date it is filed with him and at the next regular meeting of the city council after the…
- § 8043 If the city council finds that such protests are signed by the owners of a majority of the frontage of the property fronting on the street or portion thereof…
- § 8044 If the ordinance of intention designates any street or portion thereof, the grade of which is proposed to be changed or modified, and there is included in the…
- § 8045 If the city council finds that: (a) Such protests are not signed by the owners of a majority of the property fronting on the street or portion thereof on which…
- § 8046 Thereupon the city council shall cause notice of the time and place of such hearing to be published for two days in a daily newspaper published and circulated…
- § 8047 At the time and place appointed for the hearing of protests or at any time to which the hearing thereof may be continued, the city council shall hear and pass…
- § 8048 Except as otherwise provided in this chapter, the person owning the fee or the person in whom, on the day any protest or petition is filed, the legal title to…
- § 8049 In the case of property held by tenancy in common, if any cotenant signs a protest under this part, only the proportionate share of the frontage thereof…
CHAPTER 4. Ordering the Change of Grade §§ 8060–8062 · 3 sections
- § 8060 If no protests are filed within the time provided, or if protests are filed and after hearing are denied, as provided in this part, the city council shall…
- § 8061 The ordinance ordering the change or modification of grade shall be published by two insertions in a daily or by one insertion in a weekly newspaper published…
- § 8062 If the grade of any street or portion thereof has been heretofore or is hereafter changed or modified, nothing in this part shall be construed to prevent any…