DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000. - 22679.]
Heading of Division 15 amended by Stats. 1972, Ch. 630.
§§ 22000–22679 · 171 sections
PART 1. TREE PLANTING ACT OF 1931 §§ 22000–22202 · 76 sections
CHAPTER 1. General Provisions §§ 22000–22014 · 15 sections
- § 22000 This part may be cited as the Tree Planting Act of 1931.
- § 22001 This part shall be liberally construed to effectuate its purposes.
- § 22002 This part provides an alternative system for the planting, maintaining or removing of trees in cities, and the provisions of this part shall not apply to or…
- § 22003 Unless the particular provision or the context otherwise requires, the definitions and general provisions contained in this chapter shall govern the…
- § 22004 The city charter of any city adopting the provisions of this part shall control if any provision of this part is contrary to or in conflict with the charter,…
- § 22005 “City” includes all corporations organized and existing for municipal purposes.
- § 22006 “Improvement” includes the planting, maintenance, or removal of trees, and any and all acts necessarily incident thereto.
- § 22007 “City council” and “council” include any body which by law is the legislative department of the government of the city.
- § 22008 “Board” means a board of park commissioners, park department, or other similar municipal authority, whether composed of one or more individuals, having control…
- § 22009 “Tree” includes all varieties of trees, shrubs and other ornamental vegetation.
- § 22010 “Street” means all or any portion of territory within a city set apart and designated for the use of the public as a thoroughfare for travel, and includes the…
- § 22011 “Lot line” means the boundary line separating that portion of a lot or parcel of land set apart for individual use and occupancy from the street.
- § 22012 “Maintain” or any of its variants when used in reference to trees includes clipping, spraying, fertilizing, irrigating, propping, treating for disease or…
- § 22013 “Tax collector” includes any body, board, bureau or officer charged with the duty of collecting assessments for a city.
- § 22014 No publication or notice other than that provided for in this part shall be necessary to give validity to any proceedings had hereunder.
CHAPTER 2. Administration §§ 22030–22035 · 6 sections
- § 22030 The board in addition to the authority otherwise conferred upon it shall have full power and authority over the trees planted, or to be planted, pursuant to…
- § 22031 The board may establish rules and regulations relating to the planting, maintenance and removal of the said trees and may recommend to the city council the…
- § 22032 The board may appoint and employ a qualified person to be designated as city forester or by some similar title, to take charge of and direct, subject to the…
- § 22033 The board may: (a) Employ, or authorize the city forester to employ, as many assistants as it deems necessary to carry on the work. (b) Fix the compensation of…
- § 22034 The board, or the city council, shall include in the annual budget of the board the amount of money necessary to meet the expenses of doing the work during the…
- § 22035 The city forester shall take charge of and direct, subject to the supervision and control of the board, all of the work authorized to be done by the board and…
CHAPTER 3. Removal of Trees §§ 22060–22062 · 3 sections
- § 22060 The board may remove any tree or any part thereof which appears to be dead, is liable to fall, is dangerous or is an obstruction to public travel, whether or…
- § 22061 Except in the case of manifest public danger and immediate necessity, no such tree shall be wholly cut down or removed unless 10 days’ notice in writing is…
- § 22062 If the owner, tenant, occupant, or agent, within seven days after the giving of the notice, files with the board his objections in writing to the removal, the…
CHAPTER 4. Undertaking the Improvement §§ 22080–22096 · 16 sections
- § 22080 When the board proposes the planting, maintenance or removal of any trees in any streets of the city, the city forester, under the direction of the board,…
- § 22081 The proposal shall be accompanied by a diagram showing: (a) The streets to be improved. (b) The abutting lots or parcels of land and the front footage of each.…
- § 22082 Each lot or parcel of land shall be separately assessed in proportion to its frontage at a rate per front foot sufficient to cover that proportion of the total…
- § 22083 A proceeding for the planting, maintenance, or removal of trees may also be instituted by a petition to the council of property owners whose property will be…
- § 22084 The board or the city forester may plant, maintain, or remove any trees in any street of the city by private arrangement for reimbursement with the owner of…
- § 22085 The board or the city forester may expend any funds which it may have on hand to plant, maintain, or remove trees. The board or city forester may expend such…
- § 22086 Before ordering any improvement specified in either the written proposal of the board or in the petition of property owners, the city council shall adopt a…
- § 22087 If the proposal or the petition contains a provision for the maintenance of trees which are already planted or are proposed to be planted, the resolution shall…
- § 22088 The city council may order in the resolution of intention, or thereafter, that all or a specified portion of the costs and expenses of the improvement shall be…
- § 22089 Owners of property which will be assessed to pay the cost of the proposed improvement may protest against the improvement by filing their objections in writing…
- § 22090 The city council shall cause notice to be mailed and set the time and date for a public meeting and public hearing pursuant to Section 54954.6 of the…
- § 22092 If the owners of a majority of the front footage involved in the improvement object to the improvement, all further proceedings shall be terminated. If there…
- § 22093 On the date fixed by the resolution of intention for the hearing of protests, the city council shall proceed to hear and pass on all protests filed with it,…
- § 22094 After the hearing, the city forester, under the direction and supervision of the board, shall abandon the improvement or proceed with it, according to the…
- § 22095 If the council decides to proceed with the improvement, it shall, by resolution order the improvement to be made according to the resolution of intention, or…
- § 22096 After deducting any contribution to be made by the city, the balance of the entire assessable cost of the improvement between the lot lines, in front of any…
CHAPTER 5. Performing the Work § 22110 · 1 section
- § 22110 The city forester, under the direction of the board, shall do, or cause to be done, all of the work ordered to be done by the city council under this part.
CHAPTER 6. Levying and Collecting the Assessment §§ 22130–22142 · 13 sections
- § 22130 If the council orders the improvement to be made, it shall levy an assessment upon the lots or parcels of land specified in the diagram provided for in this…
- § 22131 Upon the levying of the assessment, the clerk of the council shall transmit to the city tax collector the diagram and assessment upon which the levy is based.
- § 22132 The validity of any assessment levied under this part shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30…
- § 22133 Upon the receipt of the diagram and assessment the tax collector shall record them in a suitable book to be kept by him for that purpose, and append thereto…
- § 22134 Immediately upon the recording, the several assessments contained in the assessment roll shall become due and payable, and each of the assessments shall be a…
- § 22135 The tax collector shall, upon the recording of the assessment, give notice thereof by publication for five days in a daily newspaper, published and circulated…
- § 22136 The notice shall state that: (a) The assessments have been recorded in the tax collector’s office. (b) All sums assessed therein are due and payable…
- § 22137 When any assessment is paid, the tax collector shall mark opposite the assessment the word “paid,” with the date of the payment and shall give a receipt…
- § 22138 All assessments unpaid shall be delinquent at the expiration of a period of 30 days from the first publication or posting of the notice that the assessment is…
- § 22139 The tax collector shall, when any assessment is delinquent, mark opposite the assessment the word “delinquent,” and shall add 10 per cent to the amount of the…
- § 22140 As an alternative method for the collection of assessments levied under this part, the council, after the adoption of the resolution ordering the improvement,…
- § 22141 The city council shall have the power, in its discretion, to determine that the payment of such assessments may be made in annual installments, in any event…
- § 22142 The lien, whether bonds issued to represent the assessment or otherwise, shall be subordinate to all fixed special assessment liens previously imposed upon the…
CHAPTER 7. Sale and Redemption of Delinquent Property §§ 22160–22178 · 19 sections
- § 22160 The tax collector shall, within 30 days after the date of delinquency, begin the publication or posting of a notice that the lots or parcels of land upon which…
- § 22161 The date fixed for the sale shall be not less than five days, nor more than 10 days after either the last publication or the completion of posting of the…
- § 22162 The notice shall contain a description of each lot or parcel of land delinquent, and opposite each description the name of the owner as shown by the assessment…
- § 22163 The notice shall contain a statement that unless each assessment which is delinquent, together with the penalties and costs thereon, is paid, the property upon…
- § 22164 At any time after the delinquency and prior to the sale of any lots or parcels of land, any person may redeem the property by paying the delinquent assessment…
- § 22165 At the time and place stated in the notice the tax collector shall proceed with the sale, commencing at the head of the list of the lots and parcels of land…
- § 22166 The tax collector shall issue for each sale an original and a duplicate certificate of sale, which shall refer to the proceedings, describe the lot or parcel…
- § 22167 At any time before the expiration of 12 months from the date of the sale, any property so sold may be redeemed by the payment to the tax collector of the…
- § 22168 Upon redemption of any lot or parcel of land, the tax collector shall enter the fact and date of redemption upon the duplicate certificate of sale.
- § 22169 The tax collector shall pay the redemption money to the person holding the original certificate of sale upon the surrender of the certificate and the execution…
- § 22170 If there has been no redemption of the property at any time after the expiration of 12 months from the date of sale, the tax collector shall, upon proper…
- § 22171 The deed shall recite substantially the matters contained in the certificate of sale, any change of interest therein, and the fact that no person has redeemed…
- § 22172 The applicant for a deed shall pay the tax collector one dollar ($1) for making the deed. If the city is the purchaser no charge shall be made for making the…
- § 22173 At least 30 days before he applies for a deed, the purchaser or his successor in interest shall serve upon the owner of the property, and upon any occupant, a…
- § 22174 If the owner of the property can not with due diligence be found, the notice shall be posted in a conspicuous place upon the property at least 30 days before…
- § 22175 The applicant for a deed shall file with the tax collector an affidavit or affidavits showing that notice of the application has been given, and if the notice…
- § 22176 The person redeeming shall, if he redeems after the filing of the affidavits and more than 11 months from the date of sale, pay, in addition to the other…
- § 22177 No deed for any property sold for a delinquent assessment shall be executed until the purchaser or his successor in interest has complied with all the…
- § 22178 The deed of the tax collector shall be prima facie evidence of the truth of all matters, recited therein, of the regularity of all proceedings prior to the…
CHAPTER 8. Improvement Funds §§ 22200–22202 · 3 sections
- § 22200 The funds collected by the tax collector under this part shall be paid by him, as fast as collected, to the city treasurer. The city treasurer shall place the…
- § 22201 Payments out of the special fund shall be made by the city treasurer to the board as funds are required for the prosecution and completion of the improvement.
- § 22202 To expedite the making of the improvement, the city council may at any time transfer into the special fund out of any money in the general fund, any sums which…
PART 2. LANDSCAPING AND LIGHTING ACT OF 1972 §§ 22500–22679 · 95 sections
CHAPTER 1. Introductory Provisions §§ 22500–22574 · 47 sections
ARTICLE 1. General §§ 22500–22509 · 10 sections
- § 22500 This part shall be known and may be cited as the “Landscaping and Lighting Act of 1972.”
- § 22501 This part shall apply to local agencies whose annual taxes are carried on the county assessment roll and are collected by the county, or an agency or entity…
- § 22502 This part provides an alternative procedure for making the improvements herein authorized and shall not apply to or affect any other provisions of this code.
- § 22503 An assessment district shall consist of all territory which, as determined by the legislative body, will be benefited by the improvements and is to be assessed…
- § 22504 An assessment district may consist of all or any part of the territory within the local agency and, in the case of a county, may consist of all or any part of…
- § 22505 An assessment district may consist of contiguous or noncontinguous areas. The improvements in one area need not be of benefit to other areas.
- § 22506 The provisions of Chapter 2 (commencing with Section 5115) of Part 3 of Division 7, pertaining to the extension of the work or the assessment district beyond…
- § 22507 Division 4 (commencing with Section 2800) and Division 4.5 (commencing with Section 3100) do not apply to this part or proceedings taken pursuant to this part,…
- § 22508 Any resolution, notice, report, diagram or assessment which is required to contain a description of the improvements, the boundaries of the assessment district…
- § 22509 This part shall be liberally construed to effectuate its purpose. Any proceedings taken under this part and any assessment levied pursuant thereto shall not be…
ARTICLE 2. Definitions §§ 22520–22540 · 21 sections
- § 22520 The definitions contained in this article govern the construction of this part unless the context otherwise requires. The definition of a word or phrase…
- § 22521 “Assessment district” means an assessment district formed pursuant to this part.
- § 22522 “Clerk” means the clerk or secretary of a local agency or its legislative body.
- § 22523 “Engineer” means the city engineer, county engineer, engineer of the district, or any other person designated by the legislative body as the engineer for the…
- § 22524 “Fiscal year” means a 12-month period commencing on July 1 and ending on the following June 30.
- § 22525 “Improvement” means one or any combination of the following: (a) The installation or planting of landscaping. (b) The installation or construction of statuary,…
- § 22526 “Incidental expenses” include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and…
- § 22527 “Including,” unless expressly limited, means including without limitation.
- § 22528 “Landscaping” means trees, shrubs, grass, or other ornamental vegetation.
- § 22529 “Legislative body” means the legislative body or governing board of any local agency.
- § 22530 “Local agency” means a county, a city and county, a city, a special district, or an agency or entity created pursuant to Article 1 (commencing with Section…
- § 22531 “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement,…
- § 22532 “Property owner” means: any person shown as the owner of land on the last equalized county assessment roll; when such person is no longer the owner, then any…
- § 22533 “Public agency” means the state or federal governments, any city, city and county, county, or other public corporation formed pursuant to charter, general law,…
- § 22534 “Public lighting facilities” means all works or improvements used or useful for the lighting of any public places, including ornamental standards, luminaires,…
- § 22535 “Public places” means one or any combination of the following: (a) Any public street, highway, road, alley, lane, boulevard, parkway, or other way dedicated to…
- § 22536 “Public utility” means any public utility subject to the jurisdiction of and regulated by the Public Utilities Commission.
- § 22537 “Resolution” includes an ordinance.
- § 22538 “Service” or “servicing” means the furnishing of: (a) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for…
- § 22539 “Special district” means any public corporation, other than a county or a city, formed pursuant to general law or special act for the local performance of…
- § 22540 “Treasurer” means the treasurer of a local agency.
ARTICLE 3. Notice §§ 22550–22556 · 6 sections
- § 22550 “Notice” means any resolution, order, notice, or other instrument authorized or required by this part to be published, posted, or mailed.
- § 22551 The clerk shall give notice or cause the same to be given in accordance with this article, unless the legislative body delegates the duty of giving the notice…
- § 22552 Published notice shall be made pursuant to Section 6061 of the Government Code.
- § 22553 Publication of notice of hearing shall be completed at least 10 days prior to the date of hearing specified therein.
- § 22554 Posted notices, other than of hearings for the formation of an assessment district or for the annexation of territory to an existing district, shall be made by…
- § 22556 Prior to levying a new assessment pursuant to Chapter 2 (commencing with Section 22585), the legislative body shall cause notice of the public hearing to be…
ARTICLE 4. Reports §§ 22565–22574 · 10 sections
- § 22565 The engineer shall prepare reports in accordance with this article.
- § 22566 A report shall be prepared for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements described in the…
- § 22567 A report shall refer to the assessment district by its distinctive designation, specify the fiscal year to which the report applies, and, with respect to that…
- § 22568 The plans and specifications shall show and describe existing and proposed improvements. The plans and specifications need not be detailed, but shall be…
- § 22569 The estimate of the costs of the improvements for the fiscal year shall contain estimates for all of the following: (a) The total costs for improvements to be…
- § 22570 The diagram for an assessment district shall show (a) the exterior boundaries of the assessment district, (b) the boundaries of any zones within the district,…
- § 22571 The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor’s maps for the fiscal year to…
- § 22572 The assessment shall refer to the fiscal year to which it applies and shall do all of the following: (a) State the net amount, determined in accordance with…
- § 22573 The net amount to be asessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among…
- § 22574 The diagram and assessment may classify various areas within an assessment district into different zones where, by reason of variations in the nature,…
CHAPTER 2. Organization of the Assessment District; Levy of First Assessment §§ 22585–22613 · 19 sections
ARTICLE 1. Formation of an Assessment District §§ 22585–22595 · 9 sections
- § 22585 Proceedings for the formation of an assessment district shall be initiated by resolution. The resolution shall: (a) Propose the formation of an assessment…
- § 22586 Upon completion, the engineer shall file the report with the clerk for submission to the legislative body. The legislative body may approve the report, as…
- § 22587 After approval of the report, either as filed or as modified, the legislative body shall adopt a resolution of intention. The resolution shall do all of the…
- § 22588 The legislative body shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.
- § 22591 During the course or upon the conclusion of the hearing, the legislative body may order changes in any of the matters provided in the report, including changes…
- § 22592 Upon the conclusion of the hearing, the legislative body shall determine whether a majority protest exists. For that purpose, the extent of the territory of…
- § 22593 Proceedings for the formation of the assessment district shall be abandoned if there is a majority protest, as defined in Section 53753 of the Government Code.
- § 22594 (a) If a majority protest has not been filed, the legislative body may adopt a resolution ordering the improvements and the formation of the assessment…
- § 22595 Whenever a railroad, gas, water, or electric utility right-of-way or electric line right-of-way is included within an assessment district, the railroad, gas,…
ARTICLE 2. Changes of Organization for Assessment Districts §§ 22605–22613 · 10 sections
- § 22605 The legislative body, either in a single proceeding or by separate proceedings, may order one or any combination of the following changes of organization: (a)…
- § 22606 Proceedings for a change of organization may be: (a) Undertaken subsequent to or concurrently with proceedings for the formation of an assessment district…
- § 22607 Except as otherwise provided in this article, proceedings for a change of organization shall be initiated, conducted, and completed in substantial accordance…
- § 22608 In annexation proceedings, the resolutions, report, notices of hearing, and right of majority protest shall be limited to the territory proposed to be annexed,…
- § 22608.2 In the event that an ordinance requires the installation of any improvements described in this part by a subdivider, the resolution of intention may state that…
- § 22609 In detachment proceedings, the resolutions, report, notices of hearing, and right of majority protest shall be limited to the territory proposed to be…
- § 22610 In dissolution proceedings, the legislative body may dispense with the resolution and report required by Sections 22585 and 22586 and may initiate dissolution…
- § 22611 Notwithstanding any other provision of law, the single assessment district resulting from a consolidation under this article shall assume all assets and…
- § 22612 If all of the territory of a district is included within one city by annexation or incorporation, the legislative body may transfer jurisdiction over the…
- § 22613 (a) Whenever any territory of an assessment district is included within a city by annexation or incorporation, whether that inclusion occurs before or after…
CHAPTER 3. Levy of Annual Assessments After Formation of an Assessment District §§ 22620–22631 · 12 sections
- § 22620 This chapter applies to all annual assessments levied after the formation of an assessment district, except annual assessments to pay the principal of, and…
- § 22621 Proceedings shall be taken pursuant to this chapter for any fiscal year during which an assessment is to be levied and collected within an existing assessment…
- § 22622 The legislative body shall adopt a resolution which shall generally describe any proposed new improvements or any substantial changes in existing improvements…
- § 22623 Upon completion, the engineer shall file the report with the clerk for submission to the legislative body. The legislative body may approve the report, as…
- § 22624 After approval of the report, either as filed or as modified, the legislative body shall adopt a resolution of intention. The resolution shall: (a) Declare the…
- § 22625 The date, hour, and place of the hearing is hereby fixed as the date, hour, and place of a regular meeting before August 10, as specified in any ordinance,…
- § 22626 Notice of the hearing shall be given by either of the following methods: (a) If the assessments are to be levied in the same or lesser amounts than in any…
- § 22628 Any interested person may, prior to the conclusion of the hearing, file a written protest with the clerk or, having previously filed a protest, may file a…
- § 22629 If notice is given pursuant to subdivision (a) of Section 22626, the legislative body shall hold the public hearing pursuant to Section 53753 of the Government…
- § 22630 During the course or upon the conclusion of the hearing, the legislative body may order changes in any of the matters provided in the report, including changes…
- § 22630.5 If there is a majority protest against the levy of an annual assessment after the formation of the assessment district that is increased from any previous…
- § 22631 If a majority protest has not been filed, the legislative body may adopt a resolution confirming the diagram and assessment, either as originally proposed or…
CHAPTER 4. Completion of Proceedings; Collection of Assessments §§ 22640–22647 · 5 sections
ARTICLE 1. Completion of Proceedings; Filing of Diagram and Assessment §§ 22640–22641 · 2 sections
- § 22640 Hearings upon the formation of an assessment district, upon a change of organization for an existing district, or upon the levy of annual assessments after…
- § 22641 Immediately after the adoption of any resolution confirming a diagram and assessment and by not later than the third Monday in August, the clerk shall file the…
ARTICLE 2. Collection of Assessments §§ 22645–22647 · 3 sections
- § 22645 After the filing of the diagram and assessment, the county auditor shall enter on the county assessment roll opposite each lot or parcel of land the amount…
- § 22646 The assessments shall be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and…
- § 22647 After collection by the county, the net amount of the assessments, after deduction of any compensation due the county for collection, shall be paid to the…
CHAPTER 5. Financial Provisions §§ 22655–22663 · 10 sections
- § 22655 Upon receipt of moneys representing assessments collected by the county, the treasurer shall deposit the moneys in the treasury of the local agency to the…
- § 22656 If there is a surplus or a deficit in the improvement fund of an assessment district at the end of any fiscal year, the surplus or deficit shall be carried…
- § 22657 If there is a deficit in the improvement fund of an assessment district during any fiscal year, the legislative body, from any available and unencumbered funds…
- § 22658 The legislative body may accept contributions from any source toward payment of improvement costs. The legislative body, at any time either before or after the…
- § 22659 All contributions authorized prior to confirmation of an assessment shall be deducted from the total improvement costs to be assessed within the assessment…
- § 22660 (a) The legislative body may, by resolution, determine that the estimated cost of any of the proposed improvements described in subdivisions (a) to (d),…
- § 22661 After adoption of a resolution providing for annual installment assessments, the engineer, in preparing reports required by Article 4 (commencing with Section…
- § 22662 If a resolution providing for annual installment payments has been adopted, in the resolution or subsequent thereto, the legislative body may do any or a…
- § 22662.5 (a) The legislative body of any local agency may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of the proposed…
- § 22663 Public property owned by any public agency and in use in the performance of a public function shall not be subject to assessment under this part unless the…
CHAPTER 6. Claims and Actions §§ 22675–22679 · 2 sections
- § 22675 The validity of an assessment levied under this part for the purpose of raising revenue necessary to pay the debt service on bonds issued pursuant to Section…
- § 22679 The legislative body may (a) provide for the construction or installation of any improvements authorized by Part 1 (commencing with Section 22000) of this…