PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500. - 36551.]

Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2.

§§ 36500–36551 · 42 sections

1. CHAPTER 1. General Provisions §§ 36500–36515 · 16 sections

   1. ARTICLE 1. Declarations §§ 36500–36504 · 5 sections

      • § 36500 This part shall be known and may be cited as the “Parking and Business Improvement Area Law of 1989.”
      • § 36501 (a) The Legislature finds and declares that businesses located and operating within the business districts of this state’s communities are economically…
      • § 36502 The purpose of this part is to recodify and supplant previously enacted provisions of law which authorize cities to levy assessments on businesses within a…
      • § 36503 Any provision of this part which conflicts with any other provision of law shall prevail over the other provision of law.
      • § 36504 This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. If the…
   2. ARTICLE 2. Definitions §§ 36505–36513 · 10 sections

      • § 36505 “Advisory board” means the advisory board or commission appointed by the city council pursuant to Section 36530.
      • § 36506 “Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and promoting activities which will benefit the…
      • § 36507 “Business” means all types of businesses and includes financial institutions and professions.
      • § 36508 “City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of…
      • § 36509 “City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers…
      • § 36509.5 “Clerk” means clerk of the legislative body.
      • § 36510 “Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more…
      • § 36511 “Parking and business improvement area,” or “area,” means an area designated as provided in this part.
      • § 36512 “Property” means real property situated within an area.
      • § 36513 “Activities” means, but is not limited to, all of the following: (a) Promotion of public events which benefit businesses in the area and which take place on or…
   3. ARTICLE 3. Prior Law § 36515 · 1 section

      • § 36515 Every improvement area established prior to January 1, 1990, pursuant to the Parking and Business Improvement Area Law of 1979 (former Part 6 (commencing with…
2. CHAPTER 2. Establishment §§ 36520–36529 · 12 sections

   • § 36520 A parking and business improvement area may be established as provided in this chapter.
   • § 36521 The city council may establish an area on its own initiative.
   • § 36521.5 A county may not form an area within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form an area…
   • § 36522 Proceedings to establish a parking and business improvement area shall be instituted by the adoption by the city council of a resolution of intention to…
   • § 36523 Notice of a public hearing held under Section 36524, 36541, 36542, or 36550 shall be given by both of the following: (a) Publishing the resolution of intention…
   • § 36523.5 Notwithstanding Section 36523, prior to adopting any new or increased assessment, the city council shall give notice pursuant to Section 54954.6 of the…
   • § 36524 (a) At the public hearing, the city council shall hear and consider all protests against the establishment of the area, the extent of the area, or the…
   • § 36525 (a) If written protests are received from the owners of businesses in the proposed area which will pay 50 percent or more of the assessments proposed to be…
   • § 36526 (a) At the conclusion of the public hearing to establish the area, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the…
   • § 36527 If the city council, following the public hearing, decides to establish the proposed parking and business improvement area, it shall adopt an ordinance to that…
   • § 36528 The city council may establish one or more separate benefit zones within the area based upon the degree of benefit derived from the improvements or activities…
   • § 36529 All provisions of this part applicable to the establishment, modification, or disestablishment of a parking and business improvement area apply to the…
3. CHAPTER 3. Assessments §§ 36530–36538 · 9 sections

   • § 36530 The city council shall appoint an advisory board which shall make a recommendation to the city council on the expenditure of revenues derived from the levy of…
   • § 36531 The city council may exempt a business recently established in the area from the levy of the assessments, for a period not to exceed one year from the date the…
   • § 36532 The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the ordinance…
   • § 36533 (a) The advisory board shall cause to be prepared a report for each fiscal year for which assessments are to be levied and collected to pay the costs of the…
   • § 36534 (a) After the approval of the report, the city council shall adopt a resolution of intention to levy an annual assessment for that fiscal year. The resolution…
   • § 36535 (a) The city council shall hold the public hearing at the time and in the place specified in the resolution of intention. The public hearing shall be conducted…
   • § 36536 The assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses and property within the…
   • § 36537 The validity of an assessment levied under this part shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30…
   • § 36538 (a) An assessment pursuant to this part is a fee imposed by a government on the transaction for purposes of paragraph (29) of subdivision (a) of Section 1770…
4. CHAPTER 4. Modification of Boundaries, Assessments, Improvements, or Activities §§ 36540–36542 · 3 sections

   • § 36540 In addition to the changes authorized to be made in the annual report filed with the city council pursuant to Section 36533 or at the conclusion of the public…
   • § 36541 (a) The city council shall modify the basis and method of levying the assessment or the boundaries of the area by adopting an ordinance after holding a public…
   • § 36542 (a) The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution…
5. CHAPTER 5. Disestablishment §§ 36550–36551 · 2 sections

   • § 36550 (a) The city council may disestablish an area by adopting an ordinance after holding a public hearing on the disestablishment, as provided in this section. (b)…
   • § 36551 (a) Upon the disestablishment of an area, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired…