PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600. - 36671.]
Part 7 added by Stats. 1994, Ch. 897, Sec. 1.
§§ 36600–36671 · 50 sections
CHAPTER 1. General Provisions §§ 36600–36617 · 24 sections
ARTICLE 1. Declarations §§ 36600–36604 · 6 sections
- § 36600 This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.”
- § 36601 The Legislature finds and declares all of the following: (a) Businesses located and operating within business districts in some of this state’s communities are…
- § 36602 The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business…
- § 36603 Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for…
- § 36603.5 Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this…
- § 36604 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.…
ARTICLE 2. Definitions §§ 36606–36616 · 17 sections
- § 36606 “Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district: (a) Promotion of public events. (b)…
- § 36606.5 “Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide…
- § 36607 “Business” means all types of businesses and includes financial institutions and professions.
- § 36608 “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…
- § 36609 “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…
- § 36609.4 “Clerk” means the clerk of the legislative body.
- § 36609.5 “General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.
- § 36610 “Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more…
- § 36611 “Management district plan” or “plan” means a proposal as defined in Section 36622.
- § 36612 “Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities…
- § 36614 “Property” means real property situated within a district.
- § 36614.5 “Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.
- § 36614.6 “Property-based assessment” means any assessment made pursuant to this part upon real property.
- § 36614.7 “Property-based district” means any district in which a city levies a property-based assessment.
- § 36615 “Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city…
- § 36615.5 (a) “Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real…
- § 36616 “Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.
ARTICLE 3. Prior Law § 36617 · 1 section
- § 36617 This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other…
CHAPTER 2. Establishment §§ 36620–36630 · 12 sections
- § 36620 A property and business improvement district may be established as provided in this chapter.
- § 36620.5 A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a…
- § 36621 (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the…
- § 36622 The management district plan shall include, but is not limited to, all of the following: (a) If the assessment will be levied on property, a map of the…
- § 36623 (a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of…
- § 36624 At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the…
- § 36625 (a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt…
- § 36627 Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an…
- § 36628 The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or…
- § 36628.5 The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure…
- § 36629 All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the…
- § 36630 If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan…
CHAPTER 3. Assessments §§ 36631–36638 · 8 sections
- § 36631 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 resolution…
- § 36632 (a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the…
- § 36633 The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30…
- § 36634 The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business…
- § 36635 The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan…
- § 36636 (a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the…
- § 36637 Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section…
- § 36638 (a) A business assessment pursuant to this part is a fee imposed by a government on the transaction for purposes of paragraph (29) of subdivision (a) of…
CHAPTER 3.5. Financing § 36640 · 1 section
- § 36640 (a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed…
CHAPTER 4. Governance §§ 36650–36651 · 2 sections
- § 36650 (a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and…
- § 36651 The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities…
CHAPTER 5. Renewal § 36660 · 1 section
- § 36660 (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in…
CHAPTER 6. Disestablishment §§ 36670–36671 · 2 sections
- § 36670 (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to…
- § 36671 (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy…