DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000. - 6794.]
Division 7 added by Stats. 1941, Ch. 79.
§§ 5000–6794 · 521 sections
PART 1. GENERAL PROVISIONS §§ 5000–5026 · 27 sections
- § 5000 This division may be cited as the Improvement Act of 1911.
- § 5001 Unless the particular provision or the context otherwise requires, the definitions and general provisions contained in this part shall govern the construction…
- § 5002 This division provides an alternative system for doing the work authorized by this division and the provisions of this division shall not apply to or affect…
- § 5003 This division shall be liberally construed in order to effectuate its purposes. No error, irregularity, informality, and no neglect or omission of any officer,…
- § 5004 Whenever in any proceedings under this division, a time and place for any hearing by the legislative body is fixed and, from any cause, the hearing is not then…
- § 5005 “City” includes counties, cities, cities and counties and all corporations organized and existing for municipal purposes, together with resort districts…
- § 5006 “Legislative body” when used with reference to a county means the board of supervisors, and when used with reference to a city means the body which by law…
- § 5007 “Clerk” when used with reference to a county means the person or officer who is the clerk of the legislative body of the county, and when used with reference…
- § 5008 “Treasurer” when used with reference to a county means the county treasurer, and when used with reference to a city means the city treasurer. “Treasurer” also…
- § 5009 “Mayor” when used with reference to a county means the chairman of the board of supervisors, and when used with reference to a city means the mayor, or if the…
- § 5010 “Council chambers” refers to the place where the regular meetings of the legislative body of the county or city are held.
- § 5011 “Street superintendent” or “superintendent of streets” when used with reference to a county means the county surveyor, and when used with reference to a city…
- § 5012 If there is no street superintendent or superintendent of streets in any city, the legislative body thereof may appoint a person to perform the duties imposed…
- § 5012.5 In a city in which there is a superintendent of streets or street superintendent, the legislative body of the city may nevertheless appoint another person to…
- § 5013 “Engineer” when applied to a county means the county surveyor, and when applied to a city means the city engineer.
- § 5014 “Street” includes avenues, highways, lanes, alleys, crossings, or intersections and courts which have been dedicated and accepted according to law or which…
- § 5018 “Place” includes any public park or pleasure ground and common which has been dedicated and accepted according to law.
- § 5019 “Paved” or “repaved” includes pavement of stone, paving blocks or macadamizing, or of bituminous rock or asphalt, or of iron, wood or other material, whether…
- § 5020 “Contractor” means the person, firm, partnership, association, corporation, organization or business trust, and includes contracting owners or their agents, to…
- § 5021 “Owner” means the person owning the fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the county recorder’s…
- § 5022 “Lot,” “land,” “piece,” or “parcel of land” whether used singly or in combination include property owned or controlled by any person as a railroad right of way…
- § 5022.5 “Lot,” “portion of lot,” “land,” “piece,” or “parcel of land,” whether used singly or in combination, may, in the discretion of the superintendent of streets,…
- § 5023 “Work” or “improvement” whether used singly or in combination mean and include any work which is authorized to be done or any improvement which is authorized…
- § 5023.1 “Acquisition,” or any of its variants, means one or more of the following: (a) Any works, improvements, appliances, or facilities which are authorized to be…
- § 5024 “Incidental expense” includes all of the following: (a) Compensation for work done by the engineer, and attorney’s fees or services in proceedings pursuant to…
- § 5025 In all resolutions, notices, orders and determinations, subsequent to the resolution of intention it shall not be necessary to describe the work, and any…
- § 5026 The legislative body of a county, city or city and county, may by resolution adopt a name for any street, boulevard, park or place which is to be improved…
PART 2. NOTICE §§ 5050–5072 · 11 sections
CHAPTER 1. General Provisions §§ 5050–5052 · 3 sections
- § 5050 Unless the particular provision or the context otherwise requires, whenever a notice, resolution, order or other matter is required to be published or posted…
- § 5051 Whenever any notice, resolution, order, or other matter is required to be published or posted, and the duty of posting or publishing, or procuring the same is…
- § 5052 No notice, nor any publication of any notice, order, resolution or other matter, other than that expressly provided for in this part or elsewhere in this…
CHAPTER 2. Notice by Publication §§ 5060–5063 · 4 sections
- § 5060 The provisions of Chapter 1 (commencing with Section 6000) of Division 7 of Title 1 of the Government Code shall not have any application to any publication…
- § 5061 Whenever in this division a notice, resolution, order or other matter is required to be published and the manner of such publication is not specified, it shall…
- § 5062 Whenever in this division a notice, resolution, order or other matter is required to be published, and the time for such publication is not specified, it shall…
- § 5063 Proof of the publication or posting of any notice, resolution, order or other matter in accordance with any of the provisions of this division may be made by…
CHAPTER 3. Notice by Posting § 5065 · 1 section
- § 5065 Whenever in this division notice is required to be given by posting and the time or method for such posting is not specified, the clerk shall conspicuously…
CHAPTER 4. Notice by Mail §§ 5070–5072 · 3 sections
- § 5070 Whenever in this division notice is required to be given by mail, notice shall be given in accordance with the provisions of Section 53753 of the Government…
- § 5071 The clerk shall upon the completion of the mailing of the notice file with the legislative body an affidavit setting forth the time and manner of the…
- § 5072 The failure of the clerk to mail any notice or the failure of any person to receive the same shall not affect in any way whatsoever the validity of any…
PART 3. PERFORMING THE WORK §§ 5100–5954 · 349 sections
CHAPTER 1. Work Which May Be Done §§ 5100–5105 · 11 sections
- § 5100 (a) All streets, places, public ways, or property, or rights-of-way, or tidelands, or submerged lands owned by any city, open or dedicated to public use, and…
- § 5101 Whenever, in the opinion of the legislative body, the public interest or convenience may require, it may order the whole or any portion, either in length or in…
- § 5101.4 In the case of a proposal for a water supply system or sanitary sewers and facilities, the preliminary steps, including, but not limited to, environmental…
- § 5101.5 Whenever in the opinion of the legislative body the public interest or convenience may require, it may install, acquire, construct, develop, jointly develop,…
- § 5101.6 Following the levy of an assessment pursuant to this division to pay, in whole or in part, the costs and expenses of works, system or facilities authorized by…
- § 5101.7 The legislative body of a city may order the construction and installation of improvements authorized by Section 5101 in the right-of-way of a state highway or…
- § 5101.8 (a) The legislative body of a city may order the construction and improvement of a segment of a state highway located, in whole or in part, within the city’s…
- § 5102 In any proceeding for the making of any work or improvement authorized under Section 5101 of this code, the legislative body may order any acquisition as…
- § 5103 Whenever the work or improvement includes the installation of works or appliances for supplying electric, telephone, or cable television service, sanitary…
- § 5104 If the written consent of the owner of the property is first obtained, work may be done on private property to eliminate any disparity in level or size between…
- § 5105 (a) Whenever, in the opinion of the legislative body, the public interest or convenience may require, the legislative body may undertake any work necessary or…
CHAPTER 1.5. Elections §§ 5108–5108.5 · 4 sections
- § 5108 Approval of the owners of land for any improvements specified in Section 5101.4 shall be secured in accordance with the provisions of Section 53753 of the…
- § 5108.3 The proposition is approved if a majority of the voters voting approve the measure. If the measure is approved by the voters, assessments shall be made and…
- § 5108.4 Notwithstanding Section 5108.3, the legislative body may delay the collection of the assessments imposed by Section 5108.3 until the time an assessment…
- § 5108.5 If an assessment district is created pursuant to Section 5180, the legislative body shall include the assessments imposed by Section 5108.3 with the…
CHAPTER 2. Extending Work Beyond City Limits §§ 5115–5119 · 5 sections
- § 5115 When the public interest or convenience so requires, and whenever, in the opinion of the legislative body initiating the proceedings, the proposed work is of…
- § 5116 The legislative body may establish, change or modify the grade of and order to be done in, over or under the whole, or any portion, either in length or width,…
- § 5117 The city may include within the boundaries of an assessment district created pursuant to this division lands lying within the boundaries of any one or more…
- § 5118 The proposed resolution of intention shall be submitted to the legislative bodies which have jurisdiction over the territory into which the proposed work or…
- § 5119 Notwithstanding any other provision, upon obtaining the consent of any city as provided in Sections 5117 and 5118, the board of supervisors of a county may…
CHAPTER 2.5. Contribution Toward Cost of Work §§ 5125–5129 · 5 sections
- § 5125 Notwithstanding any other provision in this division, the legislative body may accept and provide for contribution toward the cost and expenses of any work…
- § 5126 At any time or times prior to confirmation of the assessment, the legislative body of a city conducting a proceeding may provide for a contribution or…
- § 5127 If the assessment district includes property out of the territorial jurisdiction of the city conducting the proceeding, the legislative body of the city having…
- § 5128 The legislative body may, in its discretion, provide that any contribution being made pursuant to Sections 5125 and 5126 may, to the extent of the fund so…
- § 5129 Notwithstanding any other provision of law, the legislative body, by resolution and in accordance with the terms and conditions under which federal funds were…
CHAPTER 3. Resolution of Intention §§ 5130–5136 · 13 sections
- § 5130 Before ordering any work to be done under this division the legislative body shall require, except as provided hereunder, the engineer to furnish it with plans…
- § 5131 Before ordering any work done which is authorized by this division, the legislative body shall pass a resolution of intention to do so, referring to the street…
- § 5132 The resolution of intention shall be sufficient if it states in general terms the class or kinds of work contemplated, such as grading, paving, sewering and…
- § 5132.05 (a) If the proceedings include any acquisition and the actual cost of the acquisition as finally determined is less than the amount included in the assessment…
- § 5132.1 In addition to the notice included in the resolution of intention, the legislative body shall give notice by mail to the record owner of each identified parcel…
- § 5132.2 Each notice sent pursuant to Section 5132.1 shall contain an assessment ballot that includes that legislative body’s address for receipt of the form and a…
- § 5132.3 At the time, date, and place stated in the notice mailed pursuant to Section 5132.1, the legislative body shall conduct a public hearing upon the proposed…
- § 5132.4 If the legislative body has complied with the notice, protest, and hearing provisions set forth in this article, or if the legislative body is not required to…
- § 5133 The clerk shall cause the resolution of intention to be published. The first publication shall be made not less than 10 days prior to the date of public…
- § 5134 The legislative body may include in one proceeding, under one resolution of intention and in one contract, any of the different kinds of work mentioned in this…
- § 5135 The legislative body may elect to agree to purchase, and purchase, out of the general funds of the city or any other funds eligible for such purpose, an…
- § 5135.5 When the contractor, at the time of execution of the contract, exercises his option to assign the warrant, assessment, and diagram to the legislative body,…
- § 5136 As an alternative procedure for the doing of work authorized by this division, the legislative body may pass a resolution of intention to do such work…
CHAPTER 4. Establishment of Grade for Work §§ 5150–5152 · 4 sections
- § 5150 The provisions of this chapter relating to grades are alternative provisions and shall not repeal any other provisions of this division or of this code…
- § 5150.5 The legislative body may, by resolution, establish, change, or modify the official grade of any street, boulevard, park or place which is to be improved…
- § 5151 The grade to which any work shall be done shall be that which is shown on the plans or profiles therefor or it may be done on the grade formally established by…
- § 5152 Any property owner whose property is to be assessed to pay the costs and expenses of the proposed work may at the time fixed in the resolution of intention for…
CHAPTER 5. Work Affecting Distribution of Domestic Water Supply by Public Agencies §§ 5170–5174 · 5 sections
- § 5170 If the work proposed to be done includes the laying of conduits, pipes, hydrants, or any appliance for the supplying or distributing of a domestic water…
- § 5171 Before requiring the plans, specifications and estimates provided for in Section 5130 the legislative body shall pass a resolution requesting the public agency…
- § 5172 The legislative body may adopt the plans and specifications furnished to it, but may not modify or change the same except with the consent of the public agency…
- § 5173 The public agency which supplies the plans and specifications may at all times maintain an inspector over the work to see that the plans and specifications…
- § 5174 After the work has been completed and accepted, title to the pipes, conduits, and other appliances for supplying or distributing water so installed shall vest…
CHAPTER 6. Creating Assessment Districts §§ 5180–5182 · 3 sections
- § 5180 The legislative body shall make the expense of such work chargeable upon a district, which the legislative body shall, in its resolution of intention, declare…
- § 5181 The district may be described by: (a) Stating its exterior boundaries; or (b) Giving a description thereof according to any official or recorded map; or (c)…
- § 5182 The assessment district need not be described in any of the notices, resolutions, orders or determinations provided for in this division, other than the…
CHAPTER 7. Notice of Improvement §§ 5194–5198 · 3 sections
- § 5194 The legislative body shall appoint the time and place of the hearing on the resolution of intention and shall cause notice of that hearing and the public…
- § 5196 If the doing of the work requires a change of grade of any railroad track or tracks, the legislative body shall direct the clerk to mail to the owner or…
- § 5198 This chapter shall not apply if the hearing of objections is not required pursuant to Section 5132.
CHAPTER 8. Protest and Hearing §§ 5221.5–5227 · 4 sections
- § 5221.5 In lieu of hearing and passing upon protests as provided in Section 5221, the legislative body may continue the hearing of protests to a day certain and refer…
- § 5223 If it shall be necessary, in order to find whether a majority protest exists, to determine whether any or all of the signers of written protests are the…
- § 5225 If no protests or objections in writing have been delivered to the clerk up to the hour set for the hearing thereon or if protests have been found by the…
- § 5227 Nothing in this act contained shall prohibit the legislative body, within said one-year period referred to in Section 5222 hereof, from commencing and carrying…
CHAPTER 13. General Provisions Relating to Assessments §§ 5300–5305 · 7 sections
- § 5300 Whenever a railroad, street, or interurban railroad right-of-way shall be included within any district to be assessed for the cost of any work provided in this…
- § 5301 If a lot or parcel of land belonging to the United States, or to the state, or to a county, city, public agent, mandatory of the government, school board,…
- § 5302 If any such lots or parcels of land are omitted from the assessment, the total expense of all work done shall be assessed on the remaining lots or parcels of…
- § 5302.5 If the legislative body, in the resolution of intention, declares that any lot or parcel of land owned and used as provided in Section 5301 shall be included…
- § 5302.6 As an alternative method to that method provided in Sections 5302.5 and 6467, for financing unpaid assessments against publicly owned property, as such…
- § 5303 If the legislative body, in the resolution of intention, declares that any lot or parcel of land used as provided in Section 5301 and owned by the United…
- § 5305 The legislative body may provide for deferral of payment of assessments in accordance with procedures prescribed by Chapter 8 (commencing with Section 10700)…
CHAPTER 14. Assessment of Property Owned by the State of California §§ 5320–5325 · 6 sections
- § 5320 Notwithstanding the terms and provisions of any other section of this division, the provisions of this chapter shall apply to and govern the assessment of…
- § 5321 All real property acquired by the State of California or any department thereof is property subject to assessment in proceedings conducted under this division,…
- § 5322 The State of California or any department thereof that has jurisdiction over any real property subject to assessment as provided in this chapter shall pay the…
- § 5323 The State of California or any department thereof having jurisdiction over any real property subject to assessment as provided in this chapter shall have the…
- § 5324 Neither the State of California nor any department thereof that has jurisdiction over any real property assessed, as herein provided, shall be obligated to…
- § 5325 If the State of California or such department thereof does not pay the amount of money assessed within 30 days after the effective date of the legislation…
CHAPTER 14.5. Assessments of Indian-Owned Property §§ 5330–5335 · 6 sections
- § 5330 Notwithstanding any other provision of this division, the provisions of this chapter shall apply to, and govern the assessment of, Indian-owned property.
- § 5331 As used in this chapter, “Indian-owned property” means any tax exempt trust property to which an American Indian has rights as determined by federal laws, as…
- § 5332 Whenever Indian-owned property is leased, and a possessory interest is created thereby, the leasehold interest may be subject to assessment in proceedings…
- § 5333 Any such assessment shall be secured by an assignment to the city of the possessory interest which shall be recorded in the office of the county recorder of…
- § 5334 When bonds are to be issued to represent unpaid assessments against a possessory interest created by a lease in Indian-owned property, the term of the lease…
- § 5335 All notices required by this division to be given to the owner of property subject to an assessment, shall be given to the fee owner, the owner of an existing…
CHAPTER 15. District Assessments §§ 5341–5344 · 4 sections
- § 5341 The engineer shall prior to completion of the contract make a diagram of the property affected or benefited by the proposed work, as described in the…
- § 5342 The diagram shall show each separate lot or parcel of land within the limits of the assessment district, and the dimensions of each such lot or parcel of land,…
- § 5343 Immediately after its completion the diagram shall be delivered to the superintendent of streets, who shall immediately, after the contractor has fulfilled his…
- § 5344 In other respects the assessment shall be made in accordance with the provisions of Chapter 16.
CHAPTER 16. Making and Confirming the Assessment §§ 5360–5375.1 · 22 sections
- § 5360 After the contractor has fulfilled his contract to the satisfaction of the street superintendent, or the engineer if such power has been delegated to him, the…
- § 5360.2 The street superintendent in making an assessment shall deduct from the total costs and expenses of the work any contributions authorized to be paid pursuant…
- § 5360.3 In assessing land, credit may be given for dedications and for improvements constructed at private expense.
- § 5361 The assessment shall briefly refer to the contract, the work contracted for and performed, and shall show the amount to be paid therefor, together with all…
- § 5362 The assessment shall be filed with the clerk. The clerk shall give notice of the filing of the assessment and of a time to be therein fixed by the clerk when…
- § 5363 Such notice shall also be given by mail.
- § 5364 Such notice shall designate the property within the assessment district belonging to the owner by street number, or some other description sufficient to enable…
- § 5365 Reference shall be made in the notices required by this chapter to the resolution of intention and the date of its passage for a description of the work…
- § 5366 The owners, the contractor, or his assigns, and all other persons interested in any work done under this division, or in the assessment, feeling aggrieved by…
- § 5367 Upon such appeal, the legislative body may remedy and correct any error or informality in the proceedings, and revise and correct any of the acts or…
- § 5368 All the decisions and determinations of the legislative body, upon notice and hearing as aforesaid, shall be final and conclusive upon all persons entitled to…
- § 5369 No assessment, warrant, or diagram, and no proceedings prior to the assessment, shall be held invalid by any court for any error, informality, or other defect…
- § 5370 Whenever the resolution of intention declares that a contribution of labor or of labor and any portion of materials, supplies or equipment for the proposed…
- § 5371 To the assessment shall be attached a warrant, which shall be signed by the superintendent of streets, and countersigned by the mayor or the city clerk. The…
- § 5372 The warrant, diagram and assessment shall be recorded in the office of the superintendent of streets and in accordance with Section 5372.1 and may be recorded…
- § 5372.1 No assessment or bond hereafter levied or issued shall become a lien and no person shall be deemed to have notice thereof until a certified copy of the…
- § 5372.5 Upon the confirmation of the assessment by the legislative body, the clerk shall furnish the superintendent of streets with a list containing each assessment…
- § 5373 The lien, whether bonds issued to represent the assessment or otherwise, shall be subordinate to all fixed special assessment liens previously imposed upon the…
- § 5374 The lien of a reassessment and a refunding assessment shall have the same priority as the original assessment to which it relates. A supplemental assessment is…
- § 5374.1 The amount of any contribution for the cost and expenses of the work shall be paid by the city to the contractor, or his agent, or assigns, upon delivery of…
- § 5375 After the warrant, assessment and diagram are recorded, the same shall be delivered to the contractor, or his agent or assigns, on demand, but not until after…
- § 5375.1 Notwithstanding the provisions of Section 5375 the legislative body may waive the requirement that the contractor, or his agent, or assigns pay the expenses…
CHAPTER 17. Demanding Payment of the Assessment §§ 5390–5397 · 8 sections
- § 5390 The warrant, after its delivery to the contractor or his assigns, shall be and constitute full authority to the contractor, his agents or assigns, to collect…
- § 5391 After 30 days after the date of mailing by the contractor or his assigns of the statement to the property owners pursuant to Section 5390, the contractor, or…
- § 5392 The superintendent of streets shall, at any time, receive the amount due upon any assessment and warrant heretofore or hereafter issued by him and give a good…
- § 5393 When suit has been brought to collect the amount due upon any assessment, the plaintiff shall file with the superintendent of streets a written notice of the…
- § 5394 If any warrant is lost, upon proof of such loss a duplicate can be issued upon which collections may be made with the same effect as on the original.
- § 5395 After the filing of the written statement of all payments received upon the assessment, all amounts remaining due on any assessment, except those assessments…
- § 5396 Notwithstanding any other provisions of this division, the legislative body may, by ordinance, provide that all payments made upon any assessment and warrant…
- § 5397 If the superintendent of streets is authorized by ordinance to collect the assessments, the ordinance shall also provide that the superintendent of streets…
CHAPTER 18. Collecting the Assessment by Action §§ 5410–5423 · 14 sections
- § 5410 The provisions of this chapter shall not be applicable to assessments represented by the issuance of bonds nor to assessments collected on the tax rolls but…
- § 5411 At any time after the first day of July next succeeding nine months following the date of recording the assessment, the contractor or his assignee may sue in…
- § 5412 When an action has been brought for the recovery of any assessments, the plaintiff shall be entitled to have and recover attorney fees on each assessment sued…
- § 5413 If the court finds an unnecessary number of actions have been brought, where the parties are identical, it may allow the costs of one action only.
- § 5414 An action for the recovery of any assessment may be brought in the superior court within whose jurisdiction the city is, in which the work has been done. If…
- § 5415 The warrant, assessment and diagram, with proof of nonpayment shall be prima facie evidence of the regularity and correctness of the assessment and of the…
- § 5416 The plaintiff in such action may recover the cost of any abstract or report of search of title procured in good faith in order to determine ownership. The…
- § 5417 In a complaint in any action for the recovery of an assessment it shall be sufficient to allege briefly that the legislative body ordered the work, the…
- § 5418 In describing a lot or parcel of land in a complaint for the recovery of any assessment it shall be sufficient to refer to the same by its number upon the…
- § 5419 Upon the entry of judgment or dismissal of the action the clerk of the court shall forthwith mail to the street superintendent of the city having jurisdiction…
- § 5420 If the contractor or his agent or any person acting in behalf of the contractor shall, prior to the filing of a complaint for the recovery of any assessment,…
- § 5421 If an action is brought for the recovery of any assessment prior to the time permitted for bringing such action, the plaintiff shall not recover and the…
- § 5422 The court in which an action for the recovery of an assessment is commenced shall have power to adjudge and decree a lien against the premises assessed, and to…
- § 5423 In all actions now pending or hereafter brought under this division to recover street assessments, the proceedings therein shall be governed and regulated by…
CHAPTER 18.1. Collecting the Assessment on the Tax Roll §§ 5450–5458 · 9 sections
- § 5450 As an alternative method for the collection of cash assessments or assessments of less than one hundred fifty dollars ($150) levied under the provisions of…
- § 5451 Said resolution shall contain a description of the properties so assessed, the amount of such assessments, together with interest thereon from the date of…
- § 5452 A certified copy of said resolution shall be delivered immediately to the officer designated by law to extend city taxes upon the tax roll on which they are…
- § 5453 Said officer shall extend upon such roll the total amounts of such assessments and interest.
- § 5454 Said amounts shall be collected at the same time and in the same manner, as general municipal taxes are collected, and be subject to the same penalties and…
- § 5455 Said assessments and the interest so entered shall become due and payable to the contractor or his assigns at the office of the city treasurer on the second…
- § 5456 Upon default in payment, the lands so assessed shall be sold in the same manner in which real property in such city is sold for the nonpayment of general…
- § 5457 Upon receipt of such deed the city shall thereupon offer and sell such property at public auction in the manner provided by law for the sale of its tax-deeded…
- § 5458 In the event there shall have been no bidder offering the amount then due on such property, it may, at the city’s election, be declared sold to the owner of…
CHAPTER 19. Reassessments §§ 5500–5511 · 14 sections
- § 5500 If any assessment heretofore or hereafter made, issued or filed in the office of the clerk is void or unenforceable for any cause or if bonds have been or are…
- § 5501 The true intent and meaning of this chapter is to make the cost and expense of any work made through an attempted compliance with this division payable by the…
- § 5502 A reassessment shall be ordered under any one of the following circumstances: (a) Whenever the owner or holder of any assessments, or bonds issued under this…
- § 5503 The superintendent of streets shall, upon the entering of a decree of court directing a reassessment or upon the making of an order by the legislative body…
- § 5504 The reassessment need not be in any prescribed form, but shall refer to the original assessment filed, give the date of filing of the original assessment and…
- § 5505 The reassessment shall then be presented to the legislative body, which shall fix a time for hearing before it. Such time must be at least 20 days after the…
- § 5505.1 The clerk shall give notice of the presentation of the reassessment and the hearing thereon by mail, as provided in Sections 5070 and 5364, and by posting, as…
- § 5506 The notice shall describe the district by: (a) Stating its exterior boundaries; or (b) Giving a description thereof by any official or recorded map; or (c)…
- § 5507 At the time fixed for the hearing, or at such time or times to which the hearing may be thereafter adjourned, the legislative body shall consider the…
- § 5508 The street superintendent shall thereupon record the reassessment with a certificate at the end thereof by the clerk, that it is the reassessment approved by…
- § 5509 The reassessment shall be collectible and payable in the same manner as an original assessment and shall be enforceable by action in the same manner provided…
- § 5510 When the reassessment is recorded the original assessment shall be canceled by the street superintendent so far as it affects the particular assessments…
- § 5510.1 The expense of any county treasurer in issuing any new bonds and in carrying out any reassessment shall be paid by the city conducting the assessment…
- § 5511 If work done in attempted compliance with this division is fully completed to the satisfaction of the street superintendent or engineer, as the case may be, it…
CHAPTER 19.1. Supplemental Assessment §§ 5520–5525 · 6 sections
- § 5520 In the event that the proceedings include an acquisition and it is ascertained after the filing of the original assessment, that the acquisition cost exceeds…
- § 5521 The supplemental assessment shall be made and collected, and notice thereof shall be given in the same manner, as nearly as may be, as in the case of the…
- § 5522 Sections 5366, 5367, 5368, 5369, and 5372 apply to the supplemental assessment except that the objections, appeals, or protests referred to in Section 5366 are…
- § 5523 At the time of ordering a supplemental assessment, the legislative body shall have the power to determine that bonds shall be issued to represent unpaid…
- § 5524 The lien of a supplemental assessment, whether bonds issue to represent the supplemental assessment or otherwise, shall be subordinate to all special…
- § 5525 The city shall have the power to sell the supplemental assessment and any bonds issued to represent the unpaid supplemental assessments (if the legislative…
CHAPTER 19.2. Additional Assessment §§ 5530–5533 · 4 sections
- § 5530 In the event that the cost and expense of the improvement work payable by the real estate benefited by such work exceeds the construction costs set forth in…
- § 5531 In the event payment is to be made by an additional assessment, the additional assessment shall be made and collected, and notice thereof shall be given in the…
- § 5532 Sections 5366, 5367, 5368, 5369 and 5372 of this code shall apply to the additional assessment except that the objections, appeals or protests referred to in…
- § 5533 The lien of an additional assessment, whether bonds issued to represent the additional assessment or otherwise, shall be subordinate to all special assessment…
CHAPTER 20. Reassessments to Relieve Owners §§ 5550–5565 · 17 sections
- § 5550 Notwithstanding any other provision of this division, the legislative body shall have power at any time before the assessments levied under this division are…
- § 5551 Whenever the legislative body determines that the work for which an assessment was previously made was for the construction, alteration, repair, improvement or…
- § 5551.5 Whenever the legislative body determines that the work for which an assessment was previously made was for the construction, acquisition, alteration, repair,…
- § 5552 Upon appropriating any such funds in aid of any work, the legislative body by resolution shall direct the street superintendent to apportion the sum thus…
- § 5553 The street superintendent shall thereupon prepare a reassessment after deducting such apportionment rebate and return the same to the legislative body. The…
- § 5554 Upon receipt of the reassessment the legislative body shall fix a time and place when any and all persons objecting to the proposed reassessment may be heard.…
- § 5555 The notice shall contain a reference to the original assessment and diagram and reference shall also be made to the reassessment and diagram of the street…
- § 5556 At the time fixed for the hearing or at such time or times to which the hearing may be continued the legislative body shall consider all objections to the…
- § 5557 The street superintendent shall record the confirmed reassessment and diagram, in his office, with a certificate at the end thereof executed by the clerk that…
- § 5558 The reassessment shall be collectible by and payable to the treasurer or such other officer as the legislative body may designate so far as practicable in the…
- § 5559 If bonds issued under or upon the security of the original assessment, no reassessment made pursuant to this chapter shall change the security or lien of any…
- § 5560 Whenever prior to the confirmation of the reassessment any principal payments have been made on any assessment or on any bond issue to represent any such…
- § 5561 Whenever it shall appear to the legislative body that payments have been made on any such assessments or bonds prior to the reassessment, it shall be its duty…
- § 5562 If claim for such refund is not made within the period specified, then all claims therefor shall be barred and the amount remaining unclaimed shall revert to…
- § 5563 No action shall be brought to contest, modify, annul, review or in any way attack the validity of the reassessment and the proceedings had under this chapter…
- § 5564 In making the reassessment the street superintendent shall first deduct from the amount appropriated by the legislative body the estimated cost of the…
- § 5565 The making of any reassessment pursuant to this chapter in any proceedings shall not constitute a bar or limit the right to make further reassessments as the…
CHAPTER 21. Miscellaneous Assessment Provisions §§ 5580–5585.1 · 4 sections
- § 5580 The legislative body, instead of waiting until the completion of the work may, in its discretion, and not otherwise, upon the completion of two blocks or more…
- § 5581 Any tenant or lessee of the lands or lots liable may pay the amount assessed against the property of which he is the tenant or lessee under the provisions of…
- § 5584 If a county is conducting the proceedings under this division the legislative body may also purchase all or any part of the materials to be used in doing any…
- § 5585.1 In the event the city conducting the proceedings designates the county treasurer or tax collector to perform any service relating to collecting or receiving…
CHAPTER 22. Maintenance of Sidewalks §§ 5600–5630 · 21 sections
ARTICLE 1. General Provisions §§ 5600–5602 · 3 sections
- § 5600 As used in this chapter “sidewalk” includes a park or parking strip maintained in the area between the property line and the street line and also includes…
- § 5601 This chapter shall only apply to maintenance and repair proceedings, whether upon work originally done under this division or otherwise, and shall not be used…
- § 5602 This chapter constitutes a separate and alternate procedure for performing the work specified herein and, except for the provisions of Part 5 of this division,…
ARTICLE 2. Repairs §§ 5610–5618 · 10 sections
- § 5610 The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area…
- § 5611 When any portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with…
- § 5612 Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so…
- § 5613 The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the…
- § 5614 The notice shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the repair and shall…
- § 5614.1 The legislative body may adopt a resolution determining that bonds shall be issued and assessments collected and enforced pursuant to Part 5 of this division.…
- § 5615 If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair…
- § 5616 Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this…
- § 5617 Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have…
- § 5618 Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any…
ARTICLE 3. Collection of Cost of Repair §§ 5625–5630 · 8 sections
- § 5625 The cost of the repair may be assessed by the legislative body against the parcel of property fronting upon the sidewalk upon which such repair was made, and…
- § 5626 The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate…
- § 5627 From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may…
- § 5628 As an alternative method of collection of the amount of the lien, the legislative body, after confirmation of the report of the superintendent of streets, may…
- § 5628.1 The legislative body shall have the power, in its discretion, to determine that the payment of assessments of one hundred dollars ($100) or more may be made in…
- § 5629 Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the…
- § 5629.1 If bonds are to be issued to represent the security of the unpaid assessments, upon confirmation of the report by the legislative body the superintendent of…
- § 5630 Whenever the property fronting on a sidewalk required to be maintained and repaired pursuant to the provisions of this chapter lies within one city or…
CHAPTER 24. Limitation of Actions §§ 5660–5661 · 2 sections
- § 5660 No action, suit, or proceeding to set aside, cancel, avoid, annul or correct any assessment or reassessment, or to review any of the proceedings, acts, or…
- § 5661 No proceedings taken or had under this division shall ever be held to be invalid on the ground that the street, right-of-way, public property or any portion…
CHAPTER 25. Duties of Officers §§ 5680–5721 · 14 sections
ARTICLE 1. The Superintendent of Streets §§ 5680–5686 · 7 sections
- § 5680 The superintendent of streets shall keep a public office in some convenient place within the city, and shall keep such records as may be required by this…
- § 5681 The superintendent of streets shall see that the laws, ordinances, orders, and regulations relating to the public streets are fully carried into execution, and…
- § 5682 The superintendent of streets shall, before entering upon the duties of his office, give bonds to the city, with such sureties and for such sums as may be…
- § 5683 The superintendent of streets shall superintend and direct the cleaning of all sewers, and the expense of the same shall be paid out of the street or sewer…
- § 5684 If the superintendent of streets is required to give notice in writing to any person under this division, he may personally serve such notice, and certify to…
- § 5685 The superintendent of streets shall keep a record of the service of all notices which are served by him or with his permission.
- § 5686 For all purposes and in all cases where a verification is required under this division, such verification may be made before the superintendent of streets who…
ARTICLE 2. The Engineer §§ 5700–5703 · 4 sections
- § 5700 The engineer or where there is no engineer, an engineer of work shall be the proper officer to do the surveying and other engineering work necessary to be done…
- § 5701 In its discretion, the legislative body may employ an engineer of work, other than the engineer or in place of the engineer, and all provisions of this…
- § 5702 The engineer of work may be an individual, joint venture, copartnership or corporation. If the engineer of work employed be an individual, he shall make and…
- § 5703 All certificates or documents required to be signed by or kept on file by the engineer of work shall be kept on file with the superintendent of streets. If a…
ARTICLE 3. The Superintendent of Construction § 5710 · 1 section
- § 5710 The superintendent of streets, or the engineer, if the legislative body has by resolution directed that the work be done under his direction and to his…
ARTICLE 4. Provisions Applicable to Counties Only §§ 5720–5721 · 2 sections
- § 5720 If a county is conducting the proceedings the legislative body may designate the county road commissioner or any other competent county officer, other than the…
- § 5721 If the legislative body of a county appoints an engineer of work in accordance with Article 2 of this chapter, it may provide that the work shall be done under…
CHAPTER 26. Maintenance Districts §§ 5820–5856 · 56 sections
- § 5820 As used in this article, “maintenance district” means an assessment district which a county board of supervisors or the legislative body of a city has created…
- § 5821 The board of supervisors may, in its resolution declaring its intention to order work done or improvements made or by separate resolution, declare its…
- § 5821.1 The board of supervisors may, in its resolution declaring its intention to order work done or improvements made, declare its intention to order the territory…
- § 5821.2 If the board of supervisors in its resolution of intention declares its intention to order the territory within which the improvements are to be constructed…
- § 5821.3 In the event that an ordinance requires the installation of a sewer, drainage, or street lighting system by a subdivider, the resolution of intention may state…
- § 5822 The resolution of intention shall describe the boundaries of the district which is to be assessed for such maintenance and operation, or if the improvements or…
- § 5823 The maintenance district may include property lying within one or more cities if the consent of the legislative body of each such city to the formation of such…
- § 5824 At any time not later than the hour for hearing objections to the proposed work as provided in this division, or at any time not later than the time fixed in…
- § 5824.1 If the resolution of intention contemplates annexation of the territory within which the improvements are to be constructed to an existing maintenance…
- § 5825 The board of supervisors, in addition to hearing protests against the proposed work and the extent of the district to be assessed therefor, shall hear and pass…
- § 5826 If the board of supervisors finds that the protest against the formation of the maintenance district is made by the owners of more than one-half of the area of…
- § 5827 If the board of supervisors, in its resolution of intention, declares its intention to order a maintenance district formed, the notice of improvement shall…
- § 5828 The board of supervisors shall acquire jurisdiction to order that the maintenance district be formed in the same manner prescribed in this division for the…
- § 5828.1 When the board of supervisors adopts a separate resolution declaring its intention to form a maintenance district for sanitary sewers or for street lighting,…
- § 5829 Upon adoption of the resolution ordering the formation of the maintenance district or the annexation of territory to an existing maintenance district, the…
- § 5829.1 Any district may contract with the Federal Government of the United States or any branch thereof, or any county, city and county, municipal corporation,…
- § 5830 The board of supervisors shall thereafter, in each year, prior to the time of fixing the county tax rate, estimate the cost of maintaining and operating the…
- § 5830.1 Whenever the board of supervisors levies an assessment authorized by Section 5830 for purposes of lighting maintenance, the assessment shall be levied pursuant…
- § 5831 The special assessment tax shall be levied and collected at the same time and in the same manner as the general tax levy for county purposes and when collected…
- § 5832 The board of supervisors may determine that the whole or any part of the expense of such maintenance shall be paid by the county. If the county is to…
- § 5832.5 The board of supervisors may temporarily transfer moneys to the maintenance district fund from other funds in which such moneys are not immediately needed. The…
- § 5832.6 If a maintenance district is organized in any year too late for the levy of a special assessment tax or an assessment, as the case may be, in that year or in…
- § 5832.7 Any area of a maintenance district, or of a temporary zone formed pursuant to Section 5855 in a district, which is included in a city by annexation or…
- § 5832.8 (a) The board of supervisors may adopt an ordinance proposing the imposition of a special tax for the purpose of maintaining improvements. Such ordinance shall…
- § 5833 The board of supervisors of the county in which a maintenance district is formed shall: (a) Make and enforce all rules and regulations necessary for the…
- § 5835 Nothing in this chapter shall be construed as prohibiting the county itself from maintaining and operating any or all of the improvements when ordered by the…
- § 5835.1 “Sewers” as used in this chapter includes lateral and collecting sewers, septic tanks, and all other means of handling, gathering, and disposing of sewage in…
- § 5835.2 “Maintenance of sewers” as used in this chapter includes the extension and enlargement of sewers within the district, and the acquisition or construction of…
- § 5835.3 “Maintenance” as used in this chapter in relation to lighting systems, includes the replacement of any obsolete equipment with new modern equipment found by…
- § 5835.4 The board of supervisors of any lighting maintenance district may provide for the establishment of an accumulative capital outlay fund for the replacement of…
- § 5835.5 Pursuant to a resolution adopted by its board of supervisors, a county may lend any available county funds to a county maintenance district for the replacement…
- § 5836 The title to all property acquired by a maintenance district shall be vested in the county. Upon the dissolution of the district by reason of all of its…
- § 5837 The boundaries of any maintenance district may be altered, and contiguous or noncontiguous territory whether it is within incorporated or unincorporated…
- § 5838 The board of supervisors shall cause notice of the time, place, and purpose of the hearing to be given by mail to each owner whose name and address appears on…
- § 5839 At the time fixed for the hearing or to which it may be continued, the board of supervisors shall hear and pass upon the proposal and any objections which may…
- § 5840 If any portion of the territory annexed to a maintenance district comprises a portion of another maintenance district formed under the provisions of this…
- § 5841 If the territory annexed to a maintenance district includes within its boundaries all of another maintenance district formed under the provisions of this…
- § 5841.5 Notwithstanding any other provision of law, subsequent to annexation of such territory and dissolution of the annexed district, the maintenance district shall…
- § 5842 If, after the formation of a maintenance district, additional improvements of the same type or nature are constructed within the boundaries of such district,…
- § 5843 Notice of the hearing on the resolution shall be given to the persons within the existing maintenance district in the manner prescribed by Section 5838. Mailed…
- § 5843.5 Notwithstanding any other provisions of this chapter, the board of supervisors, upon its own motion or upon receipt of a petition signed by 20 or more…
- § 5844 Any portion of any maintenance district which will not be benefited by remaining within the district, may be withdrawn therefrom. The board of supervisors may…
- § 5845 The time for the hearing shall be not less than 10 nor more than 30 days after the date of the adoption of the resolution. The board of supervisors shall at…
- § 5846 Any person interested may appear at the hearing and object to the withdrawal of said portion from the maintenance district, or may object to the continuance of…
- § 5847 No withdrawal of territory under the provisions of Section 5846 or 5853 shall become effective unless and until any outstanding contract of the maintenance…
- § 5847.5 Any maintenance district created to finance any work which might also be constructed or maintained by a county sanitation district, may become a part of a…
- § 5847.6 A maintenance district included in a county sanitation district pursuant to Section 5847.5 is not dissolved by such inclusion, but may continue to function in…
- § 5848 Any maintenance district may be dissolved by the board of supervisors. The board of supervisors upon its own motion may adopt a resolution declaring its…
- § 5849 At the time appointed for such hearing, or at any time to which it is adjourned, the board of supervisors shall hear and pass upon the question of dissolution…
- § 5850 Upon the inclusion of all of the territory of a maintenance district within one or more cities, either by reason of annexation proceedings or by reason of the…
- § 5851 If the whole district is so included within one city, the district shall continue in existence for all purposes until a copy of a resolution adopted by the…
- § 5852 If a part only of the district is so included within one city and the remaining part of the district is so included within one or more other cities, so that no…
- § 5853 Whenever any portion of a district is included within a city by reason of incorporation, annexation, or otherwise, such portion shall continue to remain a part…
- § 5854 The board of supervisors may by resolution change the name of any maintenance district to conform with a change in the street name or other designation which…
- § 5855 Where the board of supervisors or legislative body has so declared in its resolution of intention to order the formation of a maintenance district or any…
- § 5856 If a maintenance district is divided into zones, the board of supervisors or legislative body may determine what portion of the amount of money to be secured…
CHAPTER 27. Construction of Sidewalks and Curbs §§ 5870–5895.54 · 28 sections
ARTICLE 1. General Provisions §§ 5870–5873 · 4 sections
- § 5870 As used in this chapter: (a) “Block” means property facing one side of any street between the next intersecting streets or between the terminus of a dedicated…
- § 5871 (a) This chapter applies to the construction of sidewalks, gutters, pavements, driveways, and curbs, and the installation of storm and sanitary drainage…
- § 5872 This chapter constitutes a separate and alternative procedure for performing the work specified herein, and except as otherwise provided in this chapter, no…
- § 5873 As used in this chapter, “cost,” “construction cost,” or variants thereof, means and includes both the actual cost of construction of the work and any…
ARTICLE 2. Performing the Work §§ 5875–5883 · 11 sections
- § 5875 The owners of lots or portions of lots fronting on any public street or place when that street or place has been improved by the construction of sidewalks or…
- § 5876 When the superintendent of streets finds that sidewalks or curbs have been constructed, or that their construction has been guaranteed to his satisfaction, in…
- § 5877 Notice to construct may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the…
- § 5878 The postal card shall contain a notice to construct the sidewalks or curbs as the case may be, and the superintendent of streets shall, immediately upon the…
- § 5878.1 The notice shall also specify the day, hour, and place when the legislative body will hear and pass upon objections or protests, if any, which may be raised by…
- § 5879 The notice shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the construction and…
- § 5879.1 The legislative body may adopt a resolution determining that bonds shall be issued and assessments collected and enforced pursuant to Part 5 of this division.…
- § 5880 If the construction is not commenced and prosecuted to completion with due diligence, as required by the notice or by the legislative body after the hearing…
- § 5881 Upon the completion of the construction, the superintendent of streets shall cause notice of the cost of the construction to be given in the manner specified…
- § 5882 Upon the completion of the construction, the superintendent of streets shall prepare and file with the legislative body a report specifying the work which has…
- § 5883 Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any…
ARTICLE 3. Collection of Cost of Construction §§ 5890–5895.1 · 8 sections
- § 5890 The assessments proposed by the superintendent of streets pursuant to Section 5882, as may be amended by the legislative body during the hearing held pursuant…
- § 5890.5 In assessing land, credit may be given for dedications and for improvements constructed at private expense.
- § 5891 The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate…
- § 5892 From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may…
- § 5893 As an alternative method of collection of the amount of the lien, the legislative body, after confirmation of the report of the superintendent of streets, may…
- § 5894 Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the…
- § 5895 The legislative body shall have the power, in its discretion, to determine that the payment of such assessments of fifty dollars ($50) or more may be made in…
- § 5895.1 If bonds are to be issued to represent the security of the unpaid assessments, upon confirmation of the report by the legislative body the superintendent of…
ARTICLE 4. Construction Outside of Jurisdiction §§ 5895.50–5895.54 · 5 sections
- § 5895.50 Whenever the property, which fronts on an area where improvements are required to be constructed pursuant to the provisions of this chapter, lies entirely or…
- § 5895.51 Whenever a block, on which improvements are required to be constructed pursuant to the provisions of this chapter, lies within a city or unincorporated…
- § 5895.52 The city or county proceeding under the provisions of this article may pay for such work out of the road fund or any other fund available for such purposes.
- § 5895.53 The legislative body of the city or county which undertakes the construction of improvements pursuant to the provisions of this article shall have the…
- § 5895.54 Nothing contained in this article shall limit in any manner the police power of any city or county with reference to any sidewalk or curb contructed under the…
CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations §§ 5896.1–5896.17 · 16 sections
- § 5896.1 The Legislature finds that, in many areas of the state, landowners, cities, public agencies, and public utilities desire to convert existing overhead electric…
- § 5896.2 As used in this chapter, the following words and phrases, and any variants thereof, are defined as follows: “Cable operator” has the same meaning as defined in…
- § 5896.3 In addition to proceedings for types of work or improvement authorized elsewhere in this division, proceedings may be taken for the conversion of existing…
- § 5896.4 Except as otherwise expressly provided by this chapter, a proceeding for a conversion shall be conducted and completed in accordance with the procedure…
- § 5896.5 Proceedings for a conversion shall be initiated by either a petition or by a determination of the legislative body. (a) In order to initiate proceedings, a…
- § 5896.6 A petition for proceedings for conversion shall be signed by not less than five owners of assessable land in the proposed assessment district, as shown by the…
- § 5896.7 The petition shall be filed with the clerk, who shall thereupon check or cause said petition to be checked. If the petition is signed by the requisite number…
- § 5896.8 Upon presentation of the petition and certificate of sufficiency or upon a determination pursuant to subdivision (b) of Section 5896.5, the legislative body…
- § 5896.9 (a) In a proceeding for a conversion, the city and any public utility, cable operator, or public agency supplying electric service, cable television service,…
- § 5896.10 If the work or improvement consists solely of a conversion, and the work or improvement is performed by a public utility, cable operator, or public agency, the…
- § 5896.11 If the city furnishes electric or communication service by means of electric or communication facilities owned or operated by the city, the legislative body,…
- § 5896.13 If the work or improvement consists solely of conversion of electric or communication facilities owned or operated by the city and the legislative body has…
- § 5896.14 (a) Subject to applicable rules, regulations, tariffs, or ordinances, all electric or communication facilities, including connections to the owner’s premises,…
- § 5896.15 Any written request executed pursuant to Section 5896.14 shall be filed with the clerk not later than the date fixed for commencement of construction of the…
- § 5896.16 The clerk shall mail a notice to each owner of a lot or parcel of land within the assessment district advising him of the provisions of Sections 5896.14 and…
- § 5896.17 If the owner of any lot or parcel of land shall fail to comply with the requirements of Sections 5896.14 and 5896.15, the city may order the disconnection and…
CHAPTER 29. Contractual Assessments §§ 5898.10–5899.4 · 22 sections
ARTICLE 1. General Provisions §§ 5898.10–5898.18 · 7 sections
- § 5898.10 This chapter provides an alternative procedure for authorizing assessments to finance any work which may be done pursuant to this division. The terms and…
- § 5898.12 (a) It is the intent of the Legislature that this chapter should be used to finance public improvements to lots or parcels that are developed and where the…
- § 5898.14 (a) The Legislature finds all of the following: (1) Energy and water conservation efforts, including the promotion of energy efficiency improvements to…
- § 5898.15 (a) A public agency shall not permit a property owner to participate in any program established pursuant to this chapter if the owner’s participation would…
- § 5898.16 (a) A public agency shall not permit a property owner to participate in any program established pursuant to this chapter for the purposes specified in…
- § 5898.17 (a) The disclosure set forth below, or a substantially equivalent document that displays the same information in a substantially similar format, shall be…
- § 5898.18 All references to financing in this chapter shall be deemed to also refer to refinancing, except that with respect to refinancing, the legislative body shall…
ARTICLE 2. Creation of Contractual Assessment Program §§ 5898.20–5899.4 · 15 sections
- § 5898.20 (a) (1) The legislative body of any public agency may determine that it would be convenient and advantageous to designate an area within the public agency,…
- § 5898.21 Notwithstanding any other provision of this chapter, upon the written consent of an authorized public agency official, the proposed arrangements for financing…
- § 5898.22 The report shall contain all of the following: (a) A map showing the boundaries of the territory within which voluntary contractual assessments are proposed to…
- § 5898.23 For purposes of the report required pursuant to Section 5898.22, the statement of public agency policies required pursuant to subdivision (c) of that section…
- § 5898.24 (a) A legislative body shall publish notice of a hearing pursuant to Section 6066 of the Government Code, and the first publication shall occur not later than…
- § 5898.26 At the time of the hearing, the report shall be summarized and the legislative body shall afford all persons who are present an opportunity to comment upon,…
- § 5898.28 (a) A public agency may issue bonds pursuant to this chapter, the principal and interest for which would be repaid by voluntary contractual assessments. A…
- § 5898.30 Assessments levied pursuant to this chapter, and the interest and any penalties thereon shall constitute a lien against the lots and parcels of land on which…
- § 5898.31 Since contractual assessments on real property under this chapter are voluntary and imposed pursuant to an agreement with an assessed property owner, the…
- § 5898.32 The legislative body shall direct its clerk to record a notice of the existence and amount of each contractual assessment with the county recorder of the…
- § 5898.33 (a) If a public agency owning property, including property held in trust for any beneficiary, grants a leasehold or other possessory interest in the property,…
- § 5899 (a) The Legislature finds and declares all of the following: (1) It is the intent of the Legislature to address seismic safety needs throughout this state by…
- § 5899.2 For the purpose of financing the installation of distributed generation renewable energy sources pursuant to this chapter, “permanently fixed” includes, but is…
- § 5899.3 (a) The Legislature finds and declares all of the following: (1) This chapter should be used to finance the installation of electric vehicle charging…
- § 5899.4 (a) (1) It is the intent of the Legislature to provide homeowners and businesses with an affordable way to finance improvements to their homes and buildings…
CHAPTER 29.1. Clean Energy Assessment Contracts §§ 5900–5954 · 12 sections
- § 5900 The provisions of this article shall apply exclusively to residential real property with four or fewer units.
- § 5901 The provisions of this chapter shall not apply to any public agency that does not use a program administrator to administer a PACE program.
- § 5902 For purposes of this chapter: (a) “Assessment contract” means an agreement entered into between all property owners of record on real property and a public…
- § 5913 (a) (1) Before a property owner executes an assessment contract the program administrator shall do the following: (A) Make an oral confirmation that at least…
- § 5914 A program administrator may not waive or defer the first payment on an assessment contract. A property owner’s first assessment payment shall be due no later…
- § 5922 A program administrator shall not permit contractors or other third parties to advertise the availability of assessment contracts that are administered by the…
- § 5923 (a) A program administrator shall not provide any direct or indirect cash payment or other thing of material value to a contractor or third party in excess of…
- § 5924 A program administrator, contractor, or a third party shall not make any representation as to the tax deductibility of an assessment contract unless that…
- § 5925 A program administrator shall not provide to a contractor or third party engaged in soliciting assessment contracts on its behalf any information that…
- § 5926 A contractor shall not provide a different price for a project financed by a PACE assessment than the contractor would provide if paid in cash by the property…
- § 5940 (a) It shall be unlawful to commence work under a home improvement contract, or deliver any property or perform any services other than obtaining building…
- § 5954 (a) For each PACE program that it administers, a program administrator shall submit a report to the public agency no later than February 1 for the activity…
PART 5. IMPROVEMENT BONDS §§ 6400–6640 · 119 sections
CHAPTER 1. Determination to Issue Bonds §§ 6400–6405 · 5 sections
- § 6400 The legislative body may determine that serial bonds shall be issued in the manner and form provided in this part to represent assessments of one hundred fifty…
- § 6402 If the amount of the unpaid assessment upon any lot or parcel of land is less than one hundred fifty dollars ($150), the assessment shall be collected as…
- § 6403 When the legislative body determines that serial bonds shall be issued to represent the expenses of any proposed work under this division, it shall so declare…
- § 6404 Notwithstanding any other provision in this division, the legislative body may sell to any local, State or National public agency or authority authorized to…
- § 6405 The legislative body of any city may contract with a specially qualified person, firm or corporation to act as fiscal agent. Such contracts may authorize the…
CHAPTER 2. Issuance of Bonds §§ 6420–6427 · 8 sections
- § 6420 After the full expiration of 30 days from the date of the recordation of the warrant, and after the filing of the written statement of all payments received by…
- § 6421 If any person, or his authorized agent, shall at any time before the thirty-first day after the recordation of the warrant present to the treasurer the…
- § 6422 The treasurer shall upon the filing of the list, make out, sign, and issue to the contractor, or other person entitled to the proceeds of the warrant and…
- § 6423 If a lot or parcel of land is described upon the assessment and diagram by its number or block, or both, and is also designated by its number or block, or…
- § 6424 The bonds and interest thereon shall be paid at the office of the treasurer, who shall keep a fund designated by the name of the bonds, into which he shall…
- § 6425 The treasurer shall keep a register in his office, showing the series, number, date, amount, rate of interest, payee and indorsees of each bond, and the number…
- § 6426 If any officer whose signature or countersignature appears on any bond or coupon ceases to be such officer before delivery of the bonds to the purchaser…
- § 6427 Bonds issued pursuant to this part shall by their issuance be conclusive evidence of the regularity of all proceedings under this division leading up to such…
CHAPTER 3. Payments on Assessments at Bond §§ 6440–6449 · 11 sections
- § 6440 After the street superintendent files his list of unpaid assessments with the treasurer, the principal of each unpaid assessment shall thereafter become due…
- § 6441 The first interest payment on the unpaid assessment shall be payable to the treasurer on the April 15th next succeeding the March 1st or the October 15th next…
- § 6441.1 If a remittance to cover a payment of interest or interest and principal to be made to the treasurer prior to a certain date and hour or prior to a certain…
- § 6442 If any installment of the principal of the unpaid assessment or of interest thereon is not paid to the treasurer on or before the due date of June 1st or…
- § 6443 At least 15 days before each respective 15th day of April and October, until the assessment is paid in full, the treasurer shall mail, postage prepaid, to each…
- § 6444 The treasurer may accept payments of installments of interest unaccompanied by payments of installments of principal which are due. The acceptance of such…
- § 6445 The treasurer shall, in addition to his other duties, keep a record of all bonds issued by him, of all payments on the bonds with the dates thereof and of all…
- § 6446 The assessment shall be a lien upon the property affected thereby, with priority as fixed in Section 5373, until the bond issued to represent the assessment…
- § 6447 The owner of or any person interested in any lot or parcel of land upon which a bond has been issued under the terms of this division may at any time before…
- § 6448 When all payments on a bond are made to the treasurer, he shall enter the same in his record of the bond and the lien of the assessment shall cease. The…
- § 6449 Whenever a school district acquires property subject to a bond or bonds issued under the terms of this division for unpaid assessments against said property,…
CHAPTER 4. Form and Content of Bonds §§ 6460–6467.3 · 14 sections
- § 6460 Form of bond. The bond shall be substantially in the following form: Improvement Bond Series (designating it), in the City (or County) of (naming it) $_____No.…
- § 6460.1 Bonds issued pursuant to Chapter 14.5 (commencing with Section 5330) to represent an assessment against a possessory interest created by a lease in…
- § 6460.5 The bond shall be manually signed by the treasurer of the city or county, or a facsimile signature may be reproduced thereon. A facsimile signature of the…
- § 6461 The bonds shall: (a) Be payable to the party to whom they issue, or to order. (b) Be serial bonds. (c) Bear interest at the rate specified in the resolution of…
- § 6462 The bonds shall extend over a period not exceeding 24 years from the second day of January next succeeding the next September 1st following their date.
- § 6462.1 The legislative body conducting the proceedings may provide for a classification of assessments into different terms of maturity so that some assessments may…
- § 6463 The interest shall be payable semiannually, by coupon, on the second days of January and July, respectively, of each year after the date of the bonds. The…
- § 6464 The legislative body conducting the proceedings may elect, in the resolution of intention, to have the redemption provisions of said bond provide a premium of…
- § 6465 Said bonds may be made payable to the contractor or to his last assignee as shown by the assignment filed with and approved by the superintendent of streets.…
- § 6466 The provisions of Articles 2 (commencing with Section 53430) and 3 (commencing with Section 53460) of Chapter 3, Part 1, Division 2, Title 5 of the Government…
- § 6467 In the event there are unpaid assessments levied against public property which are payable as provided in Section 5302.5 of this code, the treasurer shall,…
- § 6467.1 The interest upon the certificate provided in Section 6467 shall be payable semiannually, by coupon, on the second day of December and June, respectively, of…
- § 6467.2 The certificates shall have annual principal coupons attached to them payable in annual order, the first of which shall be payable not later than June 2,…
- § 6467.3 The certificate shall be payable at the office of the treasurer of the city conducting the proceedings upon presentation of the principal and interest coupons.…
CHAPTER 4.5. Issuance of Bonds to Represent Unpaid Assessments Against Publicly Owned Property §§ 6468–6468.8 · 9 sections
- § 6468 In addition to the method of collecting unpaid assessments against publicly owned property in use in the performance of a public function, as provided in…
- § 6468.1 An annual proportion of the aggregate principal sum of bonds issued pursuant to the provisions of this chapter shall be payable on the second day of June of…
- § 6468.2 The legislative body may by resolution establish the denomination of the bonds, the amount to mature each fiscal year and provide for the issuance and sale of…
- § 6468.3 The final maturity of the bonds shall not exceed 24 years from that second day of June next succeeding this date.
- § 6468.4 The treasurer shall keep a separate redemption fund, properly designated, into which he shall place all sums received by him from the collection of the…
- § 6468.5 Sections 5302.6, 8653, 8654, 8655, 8670, 8672, 8673 and 8851 of this code are applicable to bonds issued under the provisions of this chapter.
- § 6468.6 The bonds shall be payable at the office of the treasurer of the city conducting the proceedings. At least 30 days prior to the first day of July of each and…
- § 6468.7 In the event that the public entity owning the property against which the assessment has been levied, and which is represented by the bonds authorized in this…
- § 6468.8 The legislative body conducting the proceedings may elect in the resolution of intention to provide that the bonds issued to represent assessments against…
CHAPTER 5. Division of Land and Bond §§ 6480–6488 · 9 sections
- § 6480 If any lot or parcel of land for which a bond has been issued is divided into two or more separate lots or parcels of land, including separate condominium…
- § 6481 When it is desired that new bonds be issued, an application therefor in writing signed by the owner of any interest in any of the lots or parcels, including…
- § 6482 Upon receipt of the application and fee the street superintendent shall apportion to each separate part of the original lot or parcel of land the proportionate…
- § 6483 When the apportionment has been made an application signed by all persons owning an interest in the original lot or parcel or lots or parcels of land and by…
- § 6484 When the treasurer has ascertained that the application is signed by all the necessary persons he or she shall so advise the street superintendent. The street…
- § 6485 The treasurer shall add to each apportioned amount a sum equal to 5 percent thereof but in no event more than ten dollars ($10) and shall make and sign a new…
- § 6486 The bond shall be payable in installments at the respective dates of the payment of principal and interest on the existing bond, the number of such…
- § 6487 No new bond shall be issued when the apportioned amount is less than fifty dollars ($50). If it is less, the apportioned amount shall be paid to the treasurer…
- § 6488 Upon the surrender of the existing bond the treasurer shall deliver to the bondholder or his agent or assigns the bonds issued for such apportioned assessments…
CHAPTER 5.5. Alternative Procedure for Division of Land and Bond §§ 6490–6494 · 9 sections
- § 6490 This chapter provides an alternative to the procedure for division of land and bond set out in Chapter 5 (commencing with Section 6480).
- § 6490.5 The legislative body may provide in the resolution of intention, along with its determination to issue bonds, that the bonds shall be divisible pursuant to…
- § 6491 (a) If any lot or parcel of land upon which there is an unpaid assessment represented by bonds issued under this division and to which this chapter is…
- § 6491.5 Upon receipt of the application and fee, the street superintendent shall determine, or cause to be determined, an apportionment of the unpaid assessment to…
- § 6492 After the apportionment has been determined pursuant to Section 6491.5, an application signed by all persons owning an interest in the original lot or parcel…
- § 6492.5 (a) The clerk of the legislative body shall send a notice, by certified or registered mail, to the registered holder of any outstanding bond secured by the…
- § 6493 (a) At the time and place set for the hearing pursuant to subdivision (b) of Section 6492.5, and after hearing all protests, the legislative body may determine…
- § 6493.5 (a) If the clerk of the legislative body ascertains that the application has been signed by all of the necessary persons, and that no request for a hearing has…
- § 6494 If a city is the legislative body proceeding pursuant to this chapter and collections upon the assessments are made by county officials, the street…
CHAPTER 6. Default and Sale for Delinquency §§ 6500–6518 · 24 sections
- § 6500 (a) Whenever payment upon either the principal or the interest of any bond is not made to the bondholder when the coupon therefor is due, the holder of the…
- § 6501 The treasurer shall mail a notice of sale to the owner of any property to be sold for nonpayment of either principal or interest upon any delinquent bond. The…
- § 6501.1 (a) If there is surplus money remaining from the sale after payment of the amount due on the bond, plus interest, penalties, and costs of sale, the treasurer…
- § 6502 No sale of property shall be made pursuant to this chapter unless the notices are sent pursuant to Sections 6500, 6501, 6505, and 6505.2. The failure of the…
- § 6503 After the expiration of six months from the time of mailing the notice and upon payment by the holder of the bond to the treasurer of the amounts specified in…
- § 6504 The notice of sale shall be in substantially (filling in all blanks) the following form: “Notice of Sale of Property Delinquent for Nonpayment of Bond No.__,…
- § 6505 (a) The day specified in the notice of sale shall not be less than 45 days from the date of the first publication of the notice. (b) At least 30 days prior to…
- § 6505.1 The treasurer shall be under no obligation to publish or mail notice of sale as provided in Sections 6503, 6504, 6505, and 6505.2 unless the bondholder…
- § 6505.2 (a) Not less than 45 days nor more than 60 days prior to the date of sale, the treasurer shall send notice by registered mail to the last known mailing…
- § 6505.4 For the purpose of giving notice, as required by Section 6505.2, parties of interest are all of the following: (a) Lienholders of record prior to the issuance…
- § 6506 Any affidavit of publication setting forth a copy of the publication and stating that the publication was made in the newspaper named on specified dates shall…
- § 6507 The treasurer shall collect the sum of seven dollars ($7) for the issuance of the certificate of sale, which sum shall belong to and be subject to the…
- § 6508 If at any time prior to the sale any person interested in the lot or parcel of land described in the notice of sale pays the whole amount of the unpaid…
- § 6508.2 Prior to the sale of any owner-occupied residential property, the treasurer or his or her designee shall, in person, make every reasonable effort to meet with…
- § 6509 (a) If such payment is not made, the sale shall be made as advertised, and the lot or parcel described in the bond shall be sold to the purchaser who will pay…
- § 6510 If through error or otherwise the total amount for which the sale is made is less than that required by the provisions of this chapter, and the holder of the…
- § 6511 The treasurer, before delivering any certificate of sale, shall enter the following data in a book kept in his office for that purpose: (a) The date, number,…
- § 6512 Such book shall be open to public inspection during office hours when not in actual use.
- § 6513 The treasurer shall issue for each sale an original and a duplicate certificate of sale containing: (a) The date, number and series of the bond under which the…
- § 6514 The treasurer shall deliver the original certificate of sale to the purchaser and shall record the duplicate in the office of the recorder of the county in…
- § 6515 At any time after its delivery to him the legal holder of the certificate of sale may pay any general taxes, street improvement assessments, or any other tax…
- § 6516 Upon production by the holder of the certificate of sale of the official receipt for the amounts so paid by him, the treasurer shall make an indorsement upon…
- § 6517 Immediately on the sale, the purchaser shall become vested with a lien on the property sold to him, to the extent of his bid. He may only be divested of that…
- § 6518 The holder of a certificate of sale, upon assignment of such certificate shall immediately notify the treasurer thereof, giving the name and address of the…
CHAPTER 7. Redemption of Delinquent Property §§ 6530–6532 · 4 sections
- § 6530 A redemption of the property sold may be made by the owner or any party in interest within 12 months from the date of purchase, or at any time prior to the…
- § 6530.5 The treasurer, within 10 days of the issuance of the certificate of sale, shall mail a notice to the owner of the property sold pursuant to this chapter. The…
- § 6531 Redemption can be made only by the payment to the treasurer of the following, together with interest at the rate of 1 percent a month from the date of sale:…
- § 6532 When the redemption is made to the treasurer he shall mark the word: “Redeemed,” the date and by whom redeemed on the margin of the book where the entry of the…
CHAPTER 8. Conveyance of Unredeemed Property §§ 6550–6556 · 6 sections
- § 6550 In order to obtain a deed, the purchaser of the property or his assignees shall, 60 days prior to the expiration of the time of redemption, or 60 days before…
- § 6551 The owner of the property shall have the right of redemption until such notice is given and the deed applied for, upon the payment of the fees, penalties and…
- § 6552 No deed to the property sold shall be issued by the treasurer to the purchaser until the treasurer has filed for the record an affidavit showing that the…
- § 6554 If the property is not redeemed within the time allowed the treasurer shall upon application of the purchaser or his assignee make a deed to the property,…
- § 6555 The deed of the treasurer, when duly acknowledged or proved, is primary evidence of the regularity of all proceedings theretofore had, and conveys to the…
- § 6556 Notwithstanding any other provision of law, if the purchaser of owner-occupied residential property at a sale under Section 6509, or an assignee or transferee…
CHAPTER 9. Contesting Validity of Sales and Deeds for Delinquency §§ 6570–6572 · 3 sections
- § 6570 Within 60 days after the sale of the property for delinquency, the purchaser may send to the person to whom the property is assessed for purposes of taxation…
- § 6571 Any action, suit, or proceeding attacking or contesting the validity of any deed issued under the provisions of this division, or the validity of the…
- § 6572 If any sale of lands for delinquency in the payment of principal or interest of any bond is held illegal or invalid, or any deed issued to the purchaser at any…
CHAPTER 11. Foreclosure of Bond Lien §§ 6610–6623 · 13 sections
- § 6610 As a separate, distinct and cumulative remedy, the holder of any bond upon which any payment either upon the principal or of the interest has become delinquent…
- § 6611 The action may be brought also at any time following the expiration of 30 days after the service of personal demand for payment upon the owner of the premises.…
- § 6612 The action shall be brought in the superior court of the county in which the proceedings were initiated and if the owner of the lot or parcel of land covered…
- § 6613 The complaint in the action shall be sufficient if it sets forth a true copy of the bond and makes appropriate allegations regarding the payments made upon the…
- § 6614 The bond, together with proof, either orally by the treasurer or by a certificate signed by him showing the nonpayment of any of the principal or interest upon…
- § 6615 The court may adjudge and decree a lien against the lot or parcel of land covered by the bond and cause the premises to be sold as in other cases of the sale…
- § 6616 The plaintiff in the action may also recover the actual cost of any abstract or report of search of title procured in good faith, in order to determine…
- § 6618 The action shall be governed and regulated by the provisions of this chapter and by the other provisions of law which are not in conflict herewith.
- § 6619 A written notice of the pendency of any action for recovery on a bond shall be filed with the treasurer. After the filing of such notice the treasurer shall…
- § 6620 If an action is brought for recovery on any bond prior to the time specified in this chapter, the plaintiff shall not recover in such action and the defendant…
- § 6621 Whenever a bond is foreclosed pursuant to this chapter, the decree of foreclosure shall direct the clerk of the court to deliver the bond sued upon to the…
- § 6622 The treasurer shall cancel the bond upon the records and deliver to the clerk of the court a receipt substantially in the following form: “Certificate of…
- § 6623 The clerk of the court shall enter the judgment or decree of foreclosure in the action upon the delivery of the certificate of cancellation.
CHAPTER 12. Reinstatement of Bonds §§ 6630–6632 · 3 sections
- § 6630 Notwithstanding any other provisions of this part, any person owning or having any interest in any property may at any time after commencement of an action or…
- § 6631 Notwithstanding the provisions of Section 6619, the treasurer shall reinstate any delinquent bond upon which an action or proceeding for sale or foreclosure…
- § 6632 The holder of any bond so reinstated shall be entitled to all reinstatement payments made pursuant to Section 6631, adjusted for any difference between the…
CHAPTER 13. Refunding of Bonds § 6640 · 1 section
- § 6640 Bonds issued pursuant to this part may be refunded pursuant to the procedures in Division 11.5 (commencing with Section 9500).
PART 6. IMPROVEMENT OF RAILWAY ROADBEDS §§ 6750–6794 · 15 sections
CHAPTER 1. General Provisions §§ 6750–6751 · 2 sections
- § 6750 None of the provisions of Part 3 of this division relating to protests against the work shall apply to any work undertaken pursuant to the provisions of this…
- § 6751 As used in this part “roadbed” includes that portion of any street used by the track of any railroad between the rails and for two feet on each side thereof…
CHAPTER 2. New Improvements §§ 6760–6772 · 6 sections
- § 6760 Whenever any railroad track of any description exists upon any streets upon which the legislative body has ordered an improvement to be made, and has excepted…
- § 6761 The legislative body may by ordinance require increased depth of concrete between to the full depth of or under the ties, or both, if the legislative body in…
- § 6762 The legislative body may also require by ordinance or otherwise, any person having railroad track or tracks on the street to pave alongside of and contiguous…
- § 6763 The resolution of intention and notice of proposed improvement shall be notice to the person of the intention to order the improvement.
- § 6764 When the legislative body acquires jurisdiction to order the improvement to be made, the person having the track on the streets to be improved shall notify, in…
- § 6772 The legislative body, by ordinance, may prescribe and enforce additional regulations and penalties that it deems necessary to compel the improvement in…
CHAPTER 3. Repairs and Improvements to Street Standards §§ 6780–6794 · 7 sections
- § 6780 Whenever any railroad track of any description exists upon any street which has been paved, macadamized, graveled, capped, or oiled either for the whole, or…
- § 6781 The legislative body may require and order any or all of the work designated in the resolution to be done in the manner designated therein.
- § 6782 The legislative body may also require, by resolution, any person to pave alongside of, and contiguous to, its rails with special type of brick or paving blocks…
- § 6783 The resolution to require and order the work shall be personally served upon the person having or owning the railroad track, or service thereof may be made…
- § 6784 The person served shall notify, in writing, the superintendent of streets of the city where the work is to be done if the person elects to enter upon the…
- § 6785 The omission or neglect to make the election by delivering the notice makes the superintendent of streets the agent of the owner of the track with the…
- § 6794 The legislative body, by ordinance, may prescribe and enforce additional regulations and penalties that it deems necessary to compel the doing of the work as…