DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000. - 10706.]
Division 12 added by Stats. 1953, Ch. 192.
§§ 10000–10706 · 149 sections
CHAPTER 1. General Provisions §§ 10000–10016 · 18 sections
- § 10000 This division may be cited as the Municipal Improvement Act of 1913.
- § 10001 Unless the context otherwise requires, the definitions contained in this part shall govern the construction of this division.
- § 10002 “Improvement” includes all work and improvements authorized to be done under this division which are for a public purpose or which are necessary or incidental…
- § 10003 “Municipality” and “city” include every city, city and county, or county, or other entity, public corporation, or agency authorized to operate under this…
- § 10004 “Legislative body” includes any body which by law is the legislative department of government of the city, or municipality.
- § 10005 “City treasurer” includes any person or officer who has charge and makes payments of the city or municipal funds.
- § 10006 “Install” includes construct, reconstruct, extend, repair, and maintain.
- § 10006.5 Subject to the limitation of Section 10204.1, “incidental expense” has the same meaning as specified in Section 5024.
- § 10007 “Street” includes the whole or any part of one or more public streets, alleys, or other places in any municipality, and rights of way owned or held by any…
- § 10008 “Assessment district” means the district of land to be benefited by the improvement and to be specially assessed to pay the costs and expenses of the…
- § 10009 The provisions of this division apply to all counties and districts, or other public corporations insofar as such corporations have the power applicable to…
- § 10010 “Acquisition”, or any of its variants, means and includes one or more of the following: (a) Any works, improvements, appliances, or facilities authorized to be…
- § 10011 “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…
- § 10012 This division shall be liberally construed in order to effectuate its purposes. No error, irregularity, informality, and no neglect or omission of any officer,…
- § 10013 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…
- § 10014 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…
- § 10015 No notice, nor any publication of any notice, order, resolution, or other matter, other than that expressly provided in this part or elsewhere in this…
- § 10016 Any resolution, notice, report, diagram, or assessment which is required to contain a description of the improvements, the boundaries of the assessment…
CHAPTER 2. Improvements Authorized §§ 10100–10112 · 24 sections
- § 10100 Whenever the public interest or convenience requires, the legislative body of any municipality may install in or along its streets all or any of the following:…
- § 10100.1 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…
- § 10100.2 (a) (1) Whenever the public interest or convenience requires, the legislative body may use the powers of this division to pay, or make funds available to…
- § 10100.3 (a) Whenever the public interest or convenience requires, the legislative body may use the powers of this division to pay for work or to make loans deemed…
- § 10100.5 Whenever the public interest or convenience requires, the legislative body of any municipality may install or operate, or install and operate, in or along its…
- § 10100.6 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…
- § 10100.7 The legislative body of any municipality which has entered into an agreement with an owner or owners of land within the municipality whereby the owner or…
- § 10100.8 (a) Following the levy of an assessment pursuant to this division to pay, in whole or in part, the costs and expenses of constructing or substantially…
- § 10100.9 Prior to any hearing pursuant to Section 10100.8, the clerk shall cause notice of the hearing to be published pursuant to Section 6066 of the Government Code.
- § 10101 The legislative body may acquire any works or appliances already installed in the streets, of the municipality which are necessary or convenient to supply the…
- § 10102 Notwithstanding any other provision of this division, whenever the public interest or convenience requires, the legislative body of any municipality may pay…
- § 10102.1 The provisions of the Improvement Act of 1911 relating to conversion of existing overhead electric and communication facilities to underground locations, as…
- § 10102.2 The provisions of the Improvement Act of 1911 relating to work performed on a state highway, county road, or railroad right-of-way, as set forth in Sections…
- § 10103 The provisions of Chapter 2 (commencing with Section 5115) of Part 3 of Division 7 of this code providing for the construction of work and the levy of an…
- § 10104 When any proceeding is initiated under this division by a legislative body other than that of a city or county, and before the resolution of intention is…
- § 10105 As an alternative procedure for constructing any improvement authorized under the Improvement Act of 1911, the legislative body may pass a resolution of…
- § 10106 Under the alternative procedure the work to be done by the contractor shall consist of furnishing all or any part of the labor, materials, supplies, and…
- § 10107 The provisions of Chapter 26 of Part 3 of Division 7 of this code are incorporated in this division as if fully set out herein. These provisions may be used in…
- § 10108 A city may form a maintenance district, in which event Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code, excepting Sections 5850 to 5853,…
- § 10109 Whenever the improvement or acquisition includes the acquiring or the installation of works, appliances, or improvements authorized by this division, and the…
- § 10110 Before the ordering of the work, acquisitions, or improvements which are to be owned, managed, or controlled by any other public agency, regulated public…
- § 10110.1 If an agreement entered into pursuant to Sections 10109 and 10110 provides for the payment of refunds, and to the extent that the works, appliances, or…
- § 10111 After the work, acquisitions or improvements have been completed and accepted, or conveyed to the public agency or utility, title to the works, appliances or…
- § 10112 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…
CHAPTER 2.5. Elections §§ 10120–10125 · 6 sections
- § 10120 Approval of the owners of land for any improvements specified in Section 10112 may, at the discretion of the legislative body, be secured through an election.
- § 10121 (a) Notwithstanding any other provision of law, the election may be conducted by mailed ballot pursuant to Chapter 1 (commencing with Section 4000) of Division…
- § 10122 The measure to be voted on shall include a description of the improvements proposed, a map showing the territory to be benefited by the proposed improvements…
- § 10123 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 levied and…
- § 10124 Notwithstanding Section 10123, the legislative body may delay the collection of the assessments imposed by Section 10123 until the time an assessment district…
- § 10125 If an assessment district is created pursuant to Section 10200, the legislative body shall include the assessments imposed by Section 10123 with the…
CHAPTER 3. Resolution of Intention and Report §§ 10200–10210 · 15 sections
- § 10200 Before ordering any improvement which is authorized by this division to be made, the legislative body shall adopt a resolution declaring its intention to do…
- § 10201 In the resolution of intention the legislative body may order that a specified portion or percentage of the cost and expenses of the improvement shall be paid…
- § 10201.1 As used in the chapter, “private utility damages” means the amount to which any private utility might be entitled by virtue of Chapter 8.5 (commencing with…
- § 10202 The proposed improvement may include any or all of the different kinds of work mentioned in this division, but the maintenance of appliances or the furnishing…
- § 10203 In the resolution of intention the legislative body shall refer the proposed improvement to the board, commission, or officer of the municipality having charge…
- § 10204 The report of the person or board to whom the improvement is referred by the legislative body shall contain all of the following: (a) Plans and specifications…
- § 10204.1 If the assessment district consists, in whole or in part, of lands subdivided or to be subdivided under the provisions of the Subdivision Map Act, Division 2…
- § 10204.2 If improvement bonds are to be issued pursuant to the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)), the costs and expenses of the…
- § 10204.5 In preparing the report in which assessments are apportioned pursuant to subdivision (e) of Section 10204, the person or board to whom the improvement is…
- § 10205 The provisions of the Improvement Act of 1911 relating to contributions are incorporated in this division as if fully set out herein. At any time either before…
- § 10206 The provisions of the Improvement Act of 1911 relating to assessments on publicly owned property and railroad property, and certificate or bond secured by…
- § 10207 The provisions of Chapter 4 (commencing with Section 5150) of Part 3 of the Improvement Act of 1911 are incorporated in this division as if fully set out…
- § 10208 The exterior boundaries of the assessment district may be specified and described as provided in the Improvement Act of 1911.
- § 10209 In the assessment of land, credit may be given for dedications and for improvements constructed at private expense.
- § 10210 To expedite the conduct of proceedings and the making of any acquisition or improvement authorized by this division the legislative body may at any time…
CHAPTER 4. Notice, Protest, and Hearing §§ 10300–10312 · 7 sections
- § 10300 When the report provided for in Sections 10203 and 10204 is filed with the clerk, he shall present it to the legislative body for consideration. The…
- § 10301 After passing on the report, the legislative body shall by resolution appoint the time and place for hearing protests to the proposed assessment and shall…
- § 10306 The failure of the clerk to mail the notice to any property owner or the failure of any property owner to receive the notice shall not affect the validity of…
- § 10310.4 The legislative body may remedy, revise, and correct any error or informality in any act, determination, or proceeding of the legislative body or any officer…
- § 10311.1 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…
- § 10311.5 If the proposed improvement includes the acquisition of any improvements constructed pursuant to the provisions of the Subdivision Map Act, Division 2…
- § 10312 (a) When, upon the hearing, the proposed assessment provided for in subdivisions (d) and (e) of Section 10204, and the maximum annual assessment provided for…
CHAPTER 4.5. Change of Work, Boundaries of Assessment District, Amounts of Assessments or Proceedings §§ 10350–10358 · 9 sections
- § 10350 “Changes” as used in this chapter shall include corrections, alterations, modifications, additions, omissions, increases or decreases.
- § 10351 Unless the power to proceed shall have ceased at the conclusion of the hearing on the proposed improvement because of a majority protest, at any time before…
- § 10352 All changes shall be made on notice and hearing as herein provided, except changes may be made: (a) At the hearing on the report, which: (1) Reduce the total…
- § 10353 Before ordering any changes made, other than as provided in Section 10352, the legislative body shall adopt a resolution briefly describing the changes…
- § 10354 If said resolution proposes to include additional territory in the assessment district, or to increase any assessment, at least 20 days prior to the hearing…
- § 10355 Written objection to the proposed changes may be filed with the clerk of the legislative body by any interested person at any time not later than the time set…
- § 10356 If as a result of any proposed changes the legislative body shall determine that a supplemental assessment shall be necessary, the proceedings provided for by…
- § 10357 Any changes made pursuant to this chapter shall be subject to the limitations, if any, contained in any law applicable to the proceedings, which law may impose…
- § 10358 Any changes made pursuant to this chapter shall not release or discharge the sureties upon any bond required under this division.
CHAPTER 4.7. Alternative Procedure for Authorizing Assessments §§ 10360–10368 · 5 sections
- § 10360 This chapter provides an alternative procedure for authorizing assessments pursuant to this division. It is not intended to alter or restrict authority to…
- § 10362 All provisions of this division shall apply to proceedings pursuant to this chapter, except as expressly provided in this chapter.
- § 10364 For purposes of proceeding under this chapter, the report prepared pursuant to Section 10204 shall contain the following elements instead of those specified in…
- § 10366 (a) For purposes of proceeding under this chapter, the notice shall contain the following elements: (1) A statement of the time, place, and purpose of the…
- § 10368 For purposes of proceeding under this chapter, the assessment shall be confirmed as follows instead of the procedure specified in Section 10312. When upon the…
CHAPTER 5. Levying and Collecting the Assessment §§ 10400–10508 · 40 sections
- § 10400 The validity of an assessment or supplementary assessment levied under this division shall not be contested in any action or proceeding unless the action or…
- § 10401 Upon the passage of the resolutions provided for in Section 10312, the clerk of the legislative body shall, if bonds are to be issued, transmit to the…
- § 10402 The tax collector shall record the diagram and assessment received pursuant to Section 10401 in a substantial book to be kept for that purpose in his office.…
- § 10402.5 Upon the passage of the resolution provided for in subdivision (a) of Section 10312, the city clerk shall record a notice of assessment, as provided for in…
- § 10403 All assessments not paid within 30 days after they become due, except all unpaid assessments for which bonds are to be issued, shall become delinquent and the…
- § 10404 (a) Notice of recordation of assessment shall be given as provided in this section. (b) Upon recording of the assessment, the collection officer shall mail, as…
- § 10405 The tax collector shall fix a time and place for the sale of various parcels of land upon which the assessments are unpaid, which date shall be not less than…
- § 10406 When the resolution of intention does not provide for the issuance of bonds, the tax collector of the entity conducting the proceedings shall give the notice…
- § 10407 Within 30 days after the date of the delinquency, the tax collector shall begin the publication of a notice of sale of the property upon which the assessments…
- § 10408 The notice of sale published pursuant to Section 10407 need not set out the description of the various parcels of land at length, but shall describe the…
- § 10408.5 (a) Not less than 45 days nor more than 60 days prior to the date of sale, the tax collector shall send notice by registered mail to the last known mailing…
- § 10409 At least 15 days prior to the date of the sale, the tax collector shall mail, postage prepaid, notices of sale to the owners of all property upon which the…
- § 10410 Upon the completion of the publishing and mailing of the notices of sale, the tax collector shall file with the legislative body an affidavit setting forth the…
- § 10411 At any time after delinquency and prior to the sale of any parcels of land assessed and delinquent, any person may pay the assessment, and penalties and costs…
- § 10412 At the time and place fixed in the notice, the tax collector shall proceed with the sale of the property advertised, commencing at the head of the list and…
- § 10413 The tax collector shall sell separately each parcel of land in the published notice on which the assessment remains unpaid, or so much of it as is necessary to…
- § 10414 For each sale the tax collector shall issue an original and duplicate certificate of sale, referring to the proceedings, describing the parcel sold, and giving…
- § 10415 At any time before the expiration of one year from the date of the sale, any property sold pursuant to this chapter may be redeemed by payment to the tax…
- § 10416 The tax collector shall pay the redemption money to the person holding the original certificate of sale and shall require that the person to whom the…
- § 10417 If property sold pursuant to this chapter is not redeemed within one year, and if the purchaser or his assignee has complied with the provisions of this…
- § 10418 At least 30 days before he applies for a deed, the purchaser or his assignee shall serve upon the owner of the property, and upon the occupant of such property…
- § 10419 The person applying for a deed shall file with the tax collector an affidavit or affidavits showing that notice of such application has been given as required…
- § 10420 If redemption of the property is made after such affidavits are filed, and more than 11 months from the date of sale, the person making the redemption shall…
- § 10421 No deed for any property sold for delinquent assessment shall be made until the purchaser or his assignee has complied with all the provisions of Sections…
- § 10422 The deed of the tax collector conveys the title in fee to the property and entitles the grantee, upon the receipt thereof, to immediate possession of the…
- § 10423 The deed of the tax collector is prima facie evidence of the truth of all the matters which it recites, and of the regularity of all proceedings prior to the…
- § 10424 As fast as collected the tax collector shall pay the funds collected by him pursuant to this division, either upon voluntary payment or as the result of sales,…
- § 10424.2 (a) If the Orange County Board of Supervisors determines, subsequent to the issuance of bonds, that the acquisition or construction of all or any part of the…
- § 10425 If the first assessment or the sale of bonds to represent assessments levied pursuant to this division fails to raise sufficient money to pay all costs,…
- § 10426 The supplemental assessment shall be made and collected in the same manner, as nearly as may be, as the first assessment. Subsequent supplemental assessments…
- § 10427 After completion of the improvement and the payment of all claims from the improvement fund, the legislative body shall determine the amount of the surplus, if…
- § 10427.1 (a) If there is no supplemental assessment, the entire amount of the surplus shall be applied as a credit to the assessment or, as an alternative, any portion…
- § 10427.2 If, pursuant to Section 10427, the legislative body determines that any surplus remaining in the improvement fund shall be used as a credit upon the assessment…
- § 10427.5 If any work to be performed under this division is deleted from a specific lot fronting on the improvement, the surplus in the improvement fund resulting from…
- § 10428 From the date of the recordation pursuant to Sections 3114 and 3115, each special assessment levied under this division is a lien upon the land upon which it…
- § 10429 The lien, whether bonds issued to represent the assessment or otherwise, shall be subordinate to all fixed special assessment liens previously imposed upon the…
- § 10430 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…
- § 10506 At any time after the preliminary approval of the report provided for in Section 10300, by resolution adopted by a vote of two-thirds of all its members and…
- § 10507 The legislative body, on ordering the municipality itself to execute the improvement, may authorize the municipality to employ the labor, and provide the…
- § 10508 The cost and expenses of work executed by the municipality itself shall be paid out of the improvement fund, but the amount appropriated and used from the fund…
CHAPTER 6.1. Loan Repayment Assessment Districts §§ 10550–10555 · 2 sections
- § 10550 (a) If a municipality has entered into a contract with the state that includes a loan funded by the state for the purpose of financing the construction and…
- § 10555 The legislative body shall provide in the resolutions required under Sections 10200 and 10312 that the assessment will be collected in annual installments.
CHAPTER 7. Improvement Bonds §§ 10600–10610 · 16 sections
- § 10600 The legislative body conducting the proceedings under the provisions of this division may, in its resolution of intention, determine and declare that bonds…
- § 10600.1 If provision is made for the issuance of bonds under the Improvement Act of 1911 (Division 7 (commencing with Section 7000)), all assessments under one hundred…
- § 10600.2 The legislative body conducting the proceedings for the issuance of improvement bonds under this division may require that any bidder submitting a proposal for…
- § 10600.5 When the resolution of intention provides that bonds shall be issued under the Improvement Act of 1911 or the Improvement Bond Act of 1915, said bonds may be…
- § 10601 An action to determine the validity of the assessment, bonds, contract, improvement or acquisition may be brought by the legislative body or by the contractor…
- § 10602 The bonds may be issued and sold as the legislative body directs. The proceeds of the bonds shall be deposited in the fund specified in Section 10424. The…
- § 10602.5 When the resolution of intention provides that bonds shall be issued under the Improvement Act of 1911 or the Improvement Bond Act of 1915, and when the…
- § 10603 When the resolution of intention provides for the issuance of bonds, the superintendent of streets of a city, surveyor of a county, or district engineer of a…
- § 10603.1 In the event the city conducting the proceedings designates the county treasurer or tax collector to perform any service relating to collecting and receiving…
- § 10604 The person who is to collect and receive the assessments before the issuance of bonds may be bonded in favor of the entity conducting the proceedings in an…
- § 10605 The person collecting the assessments shall deposit the amounts received in the construction fund of the entity conducting the proceedings, not less than once…
- § 10606 The legislative body may, in its resolution of intention, determine and declare that bonds will be issued and paid, and the assessments therefor levied,…
- § 10607 The list of unpaid assessments shall be filed, the bonds ordered issued, interest shall accrue from the date, and assessments thereafter paid before maturity,…
- § 10608 The bond shall be entitled “Improvement Bond.” The provisions for payment of the bond before maturity, as contained in the bond form in the Improvement Bond…
- § 10609 In all cases where bonds are to be issued under any of the bond acts referred to in this chapter the proceedings shall be subject to all of the curative…
- § 10610 Bonds issued pursuant to this chapter shall be conclusive evidence of the regularity of all proceedings under this division leading up to such issuance.
CHAPTER 8. Deferral of Assessments §§ 10700–10706 · 7 sections
- § 10700 Notwithstanding any other law, the legislative body may determine, by resolution, to allow landowners to defer payment of their assessments pursuant to this…
- § 10701 The legislative body may determine criteria that property owners must meet to qualify for deferral, and may determine procedures to ensure that the criteria…
- § 10702 No deferral arrangement may restrict, reduce, or eliminate any remedy of a bondholder provided by this division in the event of a default.
- § 10703 Deferral may be provided through a year-to-year agreement between the city and an eligible property owner, which provides that the city will make assessment…
- § 10704 Alternatively, the city may create a deferral fund for the assessment district, and deposit into the deferral fund an amount sufficient to pay the asessments…
- § 10705 A city may increase the principal amount of bonds issued under this division by an amount sufficient to fund a program pursuant to this chapter. The proceeds…
- § 10706 The amount of any deferred assessments, including interest at a rate determined by the legislative body, shall be due and payable whenever the parcel of…