PART 1. TREE PLANTING ACT OF 1931 [22000. - 22202.]

Part 1 added by Stats. 1941, Ch. 79.

§§ 22000–22202 · 76 sections

1. CHAPTER 1. General Provisions §§ 22000–22014 · 15 sections

   • § 22000 This part may be cited as the Tree Planting Act of 1931.
   • § 22001 This part shall be liberally construed to effectuate its purposes.
   • § 22002 This part provides an alternative system for the planting, maintaining or removing of trees in cities, and the provisions of this part shall not apply to or…
   • § 22003 Unless the particular provision or the context otherwise requires, the definitions and general provisions contained in this chapter shall govern the…
   • § 22004 The city charter of any city adopting the provisions of this part shall control if any provision of this part is contrary to or in conflict with the charter,…
   • § 22005 “City” includes all corporations organized and existing for municipal purposes.
   • § 22006 “Improvement” includes the planting, maintenance, or removal of trees, and any and all acts necessarily incident thereto.
   • § 22007 “City council” and “council” include any body which by law is the legislative department of the government of the city.
   • § 22008 “Board” means a board of park commissioners, park department, or other similar municipal authority, whether composed of one or more individuals, having control…
   • § 22009 “Tree” includes all varieties of trees, shrubs and other ornamental vegetation.
   • § 22010 “Street” means all or any portion of territory within a city set apart and designated for the use of the public as a thoroughfare for travel, and includes the…
   • § 22011 “Lot line” means the boundary line separating that portion of a lot or parcel of land set apart for individual use and occupancy from the street.
   • § 22012 “Maintain” or any of its variants when used in reference to trees includes clipping, spraying, fertilizing, irrigating, propping, treating for disease or…
   • § 22013 “Tax collector” includes any body, board, bureau or officer charged with the duty of collecting assessments for a city.
   • § 22014 No publication or notice other than that provided for in this part shall be necessary to give validity to any proceedings had hereunder.
2. CHAPTER 2. Administration §§ 22030–22035 · 6 sections

   • § 22030 The board in addition to the authority otherwise conferred upon it shall have full power and authority over the trees planted, or to be planted, pursuant to…
   • § 22031 The board may establish rules and regulations relating to the planting, maintenance and removal of the said trees and may recommend to the city council the…
   • § 22032 The board may appoint and employ a qualified person to be designated as city forester or by some similar title, to take charge of and direct, subject to the…
   • § 22033 The board may: (a) Employ, or authorize the city forester to employ, as many assistants as it deems necessary to carry on the work. (b) Fix the compensation of…
   • § 22034 The board, or the city council, shall include in the annual budget of the board the amount of money necessary to meet the expenses of doing the work during the…
   • § 22035 The city forester shall take charge of and direct, subject to the supervision and control of the board, all of the work authorized to be done by the board and…
3. CHAPTER 3. Removal of Trees §§ 22060–22062 · 3 sections

   • § 22060 The board may remove any tree or any part thereof which appears to be dead, is liable to fall, is dangerous or is an obstruction to public travel, whether or…
   • § 22061 Except in the case of manifest public danger and immediate necessity, no such tree shall be wholly cut down or removed unless 10 days’ notice in writing is…
   • § 22062 If the owner, tenant, occupant, or agent, within seven days after the giving of the notice, files with the board his objections in writing to the removal, the…
4. CHAPTER 4. Undertaking the Improvement §§ 22080–22096 · 16 sections

   • § 22080 When the board proposes the planting, maintenance or removal of any trees in any streets of the city, the city forester, under the direction of the board,…
   • § 22081 The proposal shall be accompanied by a diagram showing: (a) The streets to be improved. (b) The abutting lots or parcels of land and the front footage of each.…
   • § 22082 Each lot or parcel of land shall be separately assessed in proportion to its frontage at a rate per front foot sufficient to cover that proportion of the total…
   • § 22083 A proceeding for the planting, maintenance, or removal of trees may also be instituted by a petition to the council of property owners whose property will be…
   • § 22084 The board or the city forester may plant, maintain, or remove any trees in any street of the city by private arrangement for reimbursement with the owner of…
   • § 22085 The board or the city forester may expend any funds which it may have on hand to plant, maintain, or remove trees. The board or city forester may expend such…
   • § 22086 Before ordering any improvement specified in either the written proposal of the board or in the petition of property owners, the city council shall adopt a…
   • § 22087 If the proposal or the petition contains a provision for the maintenance of trees which are already planted or are proposed to be planted, the resolution shall…
   • § 22088 The city council may order in the resolution of intention, or thereafter, that all or a specified portion of the costs and expenses of the improvement shall be…
   • § 22089 Owners of property which will be assessed to pay the cost of the proposed improvement may protest against the improvement by filing their objections in writing…
   • § 22090 The city council shall cause notice to be mailed and set the time and date for a public meeting and public hearing pursuant to Section 54954.6 of the…
   • § 22092 If the owners of a majority of the front footage involved in the improvement object to the improvement, all further proceedings shall be terminated. If there…
   • § 22093 On the date fixed by the resolution of intention for the hearing of protests, the city council shall proceed to hear and pass on all protests filed with it,…
   • § 22094 After the hearing, the city forester, under the direction and supervision of the board, shall abandon the improvement or proceed with it, according to the…
   • § 22095 If the council decides to proceed with the improvement, it shall, by resolution order the improvement to be made according to the resolution of intention, or…
   • § 22096 After deducting any contribution to be made by the city, the balance of the entire assessable cost of the improvement between the lot lines, in front of any…
5. CHAPTER 5. Performing the Work § 22110 · 1 section

   • § 22110 The city forester, under the direction of the board, shall do, or cause to be done, all of the work ordered to be done by the city council under this part.
6. CHAPTER 6. Levying and Collecting the Assessment §§ 22130–22142 · 13 sections

   • § 22130 If the council orders the improvement to be made, it shall levy an assessment upon the lots or parcels of land specified in the diagram provided for in this…
   • § 22131 Upon the levying of the assessment, the clerk of the council shall transmit to the city tax collector the diagram and assessment upon which the levy is based.
   • § 22132 The validity of any assessment levied under this part shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30…
   • § 22133 Upon the receipt of the diagram and assessment the tax collector shall record them in a suitable book to be kept by him for that purpose, and append thereto…
   • § 22134 Immediately upon the recording, the several assessments contained in the assessment roll shall become due and payable, and each of the assessments shall be a…
   • § 22135 The tax collector shall, upon the recording of the assessment, give notice thereof by publication for five days in a daily newspaper, published and circulated…
   • § 22136 The notice shall state that: (a) The assessments have been recorded in the tax collector’s office. (b) All sums assessed therein are due and payable…
   • § 22137 When any assessment is paid, the tax collector shall mark opposite the assessment the word “paid,” with the date of the payment and shall give a receipt…
   • § 22138 All assessments unpaid shall be delinquent at the expiration of a period of 30 days from the first publication or posting of the notice that the assessment is…
   • § 22139 The tax collector shall, when any assessment is delinquent, mark opposite the assessment the word “delinquent,” and shall add 10 per cent to the amount of the…
   • § 22140 As an alternative method for the collection of assessments levied under this part, the council, after the adoption of the resolution ordering the improvement,…
   • § 22141 The city council shall have the power, in its discretion, to determine that the payment of such assessments may be made in annual installments, in any event…
   • § 22142 The lien, whether bonds issued to represent the assessment or otherwise, shall be subordinate to all fixed special assessment liens previously imposed upon the…
7. CHAPTER 7. Sale and Redemption of Delinquent Property §§ 22160–22178 · 19 sections

   • § 22160 The tax collector shall, within 30 days after the date of delinquency, begin the publication or posting of a notice that the lots or parcels of land upon which…
   • § 22161 The date fixed for the sale shall be not less than five days, nor more than 10 days after either the last publication or the completion of posting of the…
   • § 22162 The notice shall contain a description of each lot or parcel of land delinquent, and opposite each description the name of the owner as shown by the assessment…
   • § 22163 The notice shall contain a statement that unless each assessment which is delinquent, together with the penalties and costs thereon, is paid, the property upon…
   • § 22164 At any time after the delinquency and prior to the sale of any lots or parcels of land, any person may redeem the property by paying the delinquent assessment…
   • § 22165 At the time and place stated in the notice the tax collector shall proceed with the sale, commencing at the head of the list of the lots and parcels of land…
   • § 22166 The tax collector shall issue for each sale an original and a duplicate certificate of sale, which shall refer to the proceedings, describe the lot or parcel…
   • § 22167 At any time before the expiration of 12 months from the date of the sale, any property so sold may be redeemed by the payment to the tax collector of the…
   • § 22168 Upon redemption of any lot or parcel of land, the tax collector shall enter the fact and date of redemption upon the duplicate certificate of sale.
   • § 22169 The tax collector shall pay the redemption money to the person holding the original certificate of sale upon the surrender of the certificate and the execution…
   • § 22170 If there has been no redemption of the property at any time after the expiration of 12 months from the date of sale, the tax collector shall, upon proper…
   • § 22171 The deed shall recite substantially the matters contained in the certificate of sale, any change of interest therein, and the fact that no person has redeemed…
   • § 22172 The applicant for a deed shall pay the tax collector one dollar ($1) for making the deed. If the city is the purchaser no charge shall be made for making the…
   • § 22173 At least 30 days before he applies for a deed, the purchaser or his successor in interest shall serve upon the owner of the property, and upon any occupant, a…
   • § 22174 If the owner of the property can not with due diligence be found, the notice shall be posted in a conspicuous place upon the property at least 30 days before…
   • § 22175 The applicant for a deed shall file with the tax collector an affidavit or affidavits showing that notice of the application has been given, and if the notice…
   • § 22176 The person redeeming shall, if he redeems after the filing of the affidavits and more than 11 months from the date of sale, pay, in addition to the other…
   • § 22177 No deed for any property sold for a delinquent assessment shall be executed until the purchaser or his successor in interest has complied with all the…
   • § 22178 The deed of the tax collector shall be prima facie evidence of the truth of all matters, recited therein, of the regularity of all proceedings prior to the…
8. CHAPTER 8. Improvement Funds §§ 22200–22202 · 3 sections

   • § 22200 The funds collected by the tax collector under this part shall be paid by him, as fast as collected, to the city treasurer. The city treasurer shall place the…
   • § 22201 Payments out of the special fund shall be made by the city treasurer to the board as funds are required for the prosecution and completion of the improvement.
   • § 22202 To expedite the making of the improvement, the city council may at any time transfer into the special fund out of any money in the general fund, any sums which…