PART 1. VEHICLE PARKING DISTRICT LAW OF 1943 [31500. - 31933.]

Part 1 added by Stats. 1951, Ch. 463.

§§ 31500–31933 · 89 sections

1. CHAPTER 1. General §§ 31500–31519 · 10 sections

   • § 31500 This part may be cited as the Vehicle Parking District Law of 1943.
   • § 31502 As used in this part, “parking places” includes parking lots, garages, buildings, and other improvements for the parking of motor vehicles.
   • § 31503 As used in this part, “legislative body” means: (a) When used with reference to a county, the board of supervisors. (b) When used with reference to a city, the…
   • § 31504 As used in this part, unless the context otherwise requires, “city” includes city, county, and city and county.
   • § 31505 As used in this part, “treasurer” means the county treasurer when used with reference to a county and the city treasurer when used with reference to a city.…
   • § 31506 A city may: (a) Acquire, by condemnation, purchase, gift, lease, or any other means, property necessary or convenient for use as parking places, including any…
   • § 31516 Whenever any official or board designated in this part is not and cannot be provided for by a charter city, all acts to be done by such official or board…
   • § 31517 This part does not affect any other law relating to the same or any similar subject, but provides an alternative authority and procedure for the subject to…
   • § 31518 This part shall be liberally construed.
   • § 31519 The Improvement Act of 1911, the Municipal Improvement Act of 1913, and the Improvement Bond Act of 1915 may be used by a city for the purposes of this part.
2. CHAPTER 2.1. Use of City Lands as Parking Places §§ 31580–31582 · 3 sections

   • § 31580 As used in this chapter, “city lands” means lands owned by the city and which are either being used for the purpose of public offstreet parking or are not…
   • § 31581 The legislative body, at any time, may declare and agree that city lands shall be held, used, and treated in all respects the same as parking places acquired…
   • § 31582 The legislative body may increase, decrease, eliminate, change, or otherwise modify the lands to be so held, used, and treated, the improvements to be made or…
3. CHAPTER 8. Board of Parking Place Commissioners §§ 31770–31792 · 25 sections

   • § 31770 Immediately upon the acquisition of the parking places pursuant to the petition for the formation of the district, a parking place commission shall be…
   • § 31770.1 At its discretion, the legislative body of any city may, by ordinance, provide for the appointment, removal, qualifications, terms of office and number of…
   • § 31771 The commission may consist of three or five members.
   • § 31772 Members of the commission shall serve without compensation.
   • § 31773 In the case of a city, members of the commission shall be appointed by the mayor, subject to confirmation by the legislative body. In the case of a county they…
   • § 31774 The commissioners shall hold office for the term of three years from the date of their appointment and qualification and until their successors are appointed…
   • § 31775 A commissioner may be removed by a four-fifths vote of the legislative body at any time.
   • § 31776 Commissioners shall be persons of business experience and ability, to the end that the affairs of the district shall be administered in the interests of the…
   • § 31777 A commissioner may be an owner or lessee of property, or an officer, employee, or agent of a corporation owning or leasing property, within the district or, in…
   • § 31778 Whenever a petition signed by the owners of more than one-half of the area of assessable land within the district requesting the removal of a commissioner is…
   • § 31779 The board of commissioners shall have possession and complete charge, supervision and control of all parking places: (a) Acquired, constructed, and paid for,…
   • § 31780 The board shall operate, manage, and control the parking places and make and enforce all necessary regulations for their use.
   • § 31781 The board may fix, regulate, and collect rentals, fees, or charges for the parking of vehicles in parking places under its control, and may provide different…
   • § 31782 The providing of adequate public parking places in cities may require the use of assessment districts as authorized by Section 31519. Such districts will be…
   • § 31783 All parking places acquired and constructed pursuant to this part are public parking places, but the board of commissioners may restrict or partially restrict…
   • § 31784 Rentals, fees, and charges shall be fixed after public hearing following such notice as the board of commissioners prescribes.
   • § 31784.1 The board may, if it so desires, operate the parking places, or any thereof, as free public parking places without fee or charge.
   • § 31785 The board shall appoint in the same manner as other city employees are selected, such employees as it deems necessary. The number of such employees and their…
   • § 31786 In the exercise of its power to operate, manage, and control parking places, the board may lease any or all parking places to any person for the sole purpose…
   • § 31787 The consideration to be paid by the operator for any lease or franchise or under any contract may be a fixed sum or a percentage of gross rentals, fees, or…
   • § 31788 The maximum rentals, fees, and charges to be collected by the operator shall be fixed by the board after public hearing following such notice as the board…
   • § 31789 An operator shall not conduct any business other than that of the operation of public parking facilities on any parking place of the district.
   • § 31790 Any lease or franchise may provide that the use of the parking places shall be restricted, or partially restricted, to owners and tenants of real property in…
   • § 31791 To expedite the conduct of proceedings and the making of any acquisition or improvement authorized by this part, the legislative body may, at any time prior to…
   • § 31792 After the appointment of the board of parking place commissioners, any improvement of any parking place under its charge shall be made by the board.
4. CHAPTER 9. Taxation §§ 31820–31830 · 11 sections

   • § 31820 Annually on or before June 30th, the board shall prepare an estimate of the expenditures required for the maintenance, operation, repair, and improvement of…
   • § 31821 The board shall also estimate the amount of revenues to be derived from rentals, fees, or charges for the use of the parking places and the amount, if any, to…
   • § 31822 The estimate shall be filed with the legislative body, and at the time and in the manner for levying general taxes, the legislative body shall levy and collect…
   • § 31823 The tax levy for maintenance, operation, repair, and improvement of parking places in any year shall not exceed fifteen cents ($0.15) on each one hundred…
   • § 31824 The special tax shall be levied and collected at the same time, in the same manner, by the same officers, and with the same interest and penalties as general…
   • § 31825 The proceeds of the tax levied for maintenance, operation, repair, and improvement shall be placed in the district maintenance and operation fund and expended…
   • § 31826 The proceeds of the tax levied for the acquisition of parking places shall be placed in a separate fund of the district and shall be expended only for the…
   • § 31827 All revenues from fees, charges, or rentals for the use of any parking place of the district shall be turned over to the treasurer and by him placed in such…
   • § 31828 If the board determines that the revenues from fees, charges, and rentals exceeds the amounts necessary for the proper maintenance, operation, repair and…
   • § 31829 If the assessment has been paid in cash, the credit shall be returned in cash to the person who paid the corresponding assessment, upon his furnishing…
   • § 31830 If the assessment is unpaid, the credit shall be applied upon the earliest unpaid installment or installments of principal and interest and any excess over the…
5. CHAPTER 10. Miscellaneous §§ 31850–31866.5 · 16 sections

   • § 31850 The legislative body may sell or lease any property acquired for parking places which is not needed for that public use.
   • § 31851 Any money received from the sale or lease of property not needed for parking places shall be placed in such fund as the board directs, and may be used for any…
   • § 31851.5 Whenever the legislative body determines that any portion of property acquired for parking places is not needed for that public use, the city may devote such…
   • § 31852 All real property shall be acquired or condemned in the name of the city, and title to such property shall be in the city, subject to the provisions of this…
   • § 31853 All contracts for the lease or purchase, or both, of real or personal property shall be made by the legislative body.
   • § 31854 Whenever the board determines by resolution that the public interest and necessity and the needs of the district require that additional parking places be…
   • § 31855 When a certified copy of the resolution of the board is filed with the legislative body, it may proceed to acquire or lease the property pursuant to the…
   • § 31856 Property for additional parking places may be acquired by any of the following means: (a) By a lump sum payment or by contract of purchase with payments made…
   • § 31857 Any lease or contract of purchase shall not bind the city to pay the rental or purchase price from funds other than those provided pursuant to this part.
   • § 31858 Proceeds of taxes levied under Section 31822 for maintenance, operation, repair, and improvement may also be used for the maintenance, operation, repair, and…
   • § 31859 At any time and with any city funds available for the purpose, the legislative body may acquire parking places which benefit the district and improve them. It…
   • § 31860 At any time, either before or after the formation of the district, the legislative body may provide by ordinance that, for a period specified in the ordinance…
   • § 31861 Whenever the board of commissioners determines by resolution that additional parking places should be acquired and improved by assessment upon land in the…
   • § 31865 As an alternative method of administration, upon request made to the legislative body by the owners of 50 percent of the assessed value of taxable land in each…
   • § 31866 At any time following the formation of a district under this part and the levy of the initial assessment in such district, any parcel of land, whether…
   • § 31866.5 As a condition to the granting of a petition for inclusion under Section 31866, the legislative body, with the approval of the board of parking place…
6. CHAPTER 11. Substitution of Other Lands, Property or Rights of Way for Those Previously Acquired §§ 31900–31933 · 24 sections

   • § 31900 Unless the context otherwise requires, the following terms used in this chapter shall mean: (a) “Substitution proceeding” means a proceeding taken under or…
   • § 31910 Substitution proceedings may be taken in the manner provided in this chapter if the legislative body determines that such substitution proceedings are…
   • § 31911 Before adopting any resolution under Section 31913, the legislative body shall submit its proposed resolution to the board of parking place commissioners for…
   • § 31912 The board shall make its report and recommendation within 30 days after the legislative body orders a proposed resolution submitted to the board, or within…
   • § 31913 The legislative body may initiate a substitution proceeding by adopting a resolution proposing to order the making of a substitution.
   • § 31914 The resolution proposing to order the making of a substitution shall contain: (a) The number of the vehicle parking district and a reference to the ordinance…
   • § 31915 (a) Notice of hearing shall be by publication, posting, and mailing of the resolution proposing to order the making of a substitution. (b) The resolution shall…
   • § 31916 Not later than the hour set for hearing, any interested person may file with the clerk of the legislative body written objection to the proposed substitution.
   • § 31917 At the hearing all objections and protests shall be heard and considered. The hearing may be continued from time to time by order entered on the minutes.
   • § 31918 If at the hearing it appears that the owners of more than one-half of the area of the assessable land included within the district have made objection in…
   • § 31919 If the owners of more than one-half of the area of the assessable land included within the district have not made written objections or protests to the…
   • § 31920 Any protest or objection made pursuant to this chapter, or any signature to such objection or protest, may be withdrawn by a written withdrawal signed by the…
   • § 31921 Any objections or protests not made at the time and in the manner provided by this chapter are deemed waived voluntarily.
   • § 31922 Except in the case of a majority protest, the legislative body may sustain or deny any or all objections and protests, and its determination is final. The…
   • § 31923 Proceedings under this chapter shall not be attacked after the hearing upon any ground not stated in an objection or protest filed pursuant to this chapter.…
   • § 31924 At the hearing the legislative body may by resolution propose a modification of the substitution. Said resolution shall describe the proposed modification,…
   • § 31925 If at the conclusion of the hearing the legislative body by resolution adopted by four-fifths of all of its members shall find and determine (a) that public…
   • § 31926 After the adoption of the resolution ordering the making of the substitution and at such time as all the new property ordered to be acquired or to be acquired…
   • § 31927 The resolution of implementation shall contain a general description of all new property acquired or acquired and improved under this chapter for the use and…
   • § 31928 The resolution of implementation shall also contain a general description of all old property which is no longer to be held by the city for the use and benefit…
   • § 31929 Before adopting the resolution of implementation, payment or provision for payment shall be made for the unpaid balance of any outstanding and unpaid bond…
   • § 31930 Upon adoption of the resolution of implementation, any old property which is within the exterior boundaries of the district shall be deemed excluded from the…
   • § 31931 The cost and expense of acquiring or acquiring and improving new property (including any amounts necessary to comply with Section 31929 and any amounts…
   • § 31933 No substitution proceedings pursuant to this chapter shall be initiated for the replacement of old property unless it has been used as a parking place or for…