CHAPTER 2. Original Assessments to Finance Projects [46150. - 46382.]

Chapter 2 added by Stats. 1951, Ch. 391.

§§ 46150–46382 · 50 sections

1. ARTICLE 1. Commissioners §§ 46150–46156 · 7 sections

   • § 46150 If a district project is adopted as provided in Chapter 3 (commencing with Section 42500) of Part 5 of this division, the board shall appoint three…
   • § 46151 No commissioner shall have any interest in any land in the district either directly or indirectly.
   • § 46152 Each commissioner before entering upon his duties shall take and subscribe an oath that he is not in any manner interested directly or indirectly in any land…
   • § 46153 The commissioners shall be paid as compensation for the services rendered by them the sum, or sums, as the board fixes, which is a part of the cost of the…
   • § 46154 Compensation to the commissioners shall be paid out of the funds of the district, which may be included in any bond issue authorized for the purposes of the…
   • § 46155 The commissioners shall receive from the board a copy of the report with respect to the project adopted by the voters at the election held pursuant to Part 5…
   • § 46156 In lieu of the appointment of the three commissioners as provided in Section 46150, the board by resolution may appoint a civil engineer to apportion the costs…
2. ARTICLE 2. Apportionment of Costs §§ 46175–46179 · 5 sections

   • § 46175 The commissioners appointed pursuant to Article 1 of this chapter shall assess the costs of the project, or in the event the board has divided the project into…
   • § 46176 The commissioners shall apportion the cost in accordance with the benefits that will accrue to each tract of land held in separate ownership by reason of the…
   • § 46177 If the project includes plans for the generation of electric power, the commissioners shall ascertain the total cost of all the properties which are necessary…
   • § 46178 Where any tract of land consists of more than one section, the apportionment to that tract of land shall be made according to legal subdivisions or to other…
   • § 46179 If the district project as adopted, as provided in Part 5 (commencing at Section 42200) of this division, provides that all of the costs of the project are to…
3. ARTICLE 3. Assessment Rolls §§ 46200–46210 · 10 sections

   • § 46200 The commissioners shall prepare and certify assessment rolls which shall contain: (a) A description of each tract held in separate ownership by legal…
   • § 46201 The roll shall be separately made for each affected county.
   • § 46202 When completed, the rolls shall be accompanied by the written report of the commissioners setting out with particularity all the following: (a) The exact…
   • § 46203 In the report of the commissioners, land embraced within a comprehensive area or a political subdivision of the State may be referred to generally as land…
   • § 46205 The commissioners shall transmit two copies of the rolls to the board. The board shall file one copy in its records and transmit to the county treasurer of…
   • § 46206 The board shall forthwith give notice of the filing of the assessment roll by publication at least once a week for two successive weeks in each affected…
   • § 46207 The objections to any assesment shall be in writing, verified, and filed with the secretary of the board, and shall set forth the grounds of the objection.
   • § 46208 The verification shall be made by the affidavit of the objector or some other person familiar with the facts.
   • § 46209 If no objections are filed with respect to a particular assessment roll, as provided in Sections 46206 and 46207, then upon the expiration of the time fixed by…
   • § 46210 Upon filing of the certificates of the secretary of the board as provided in Section 46209, the assessment roll and the assessments therein made shall be final…
4. ARTICLE 4. Hearings Before Adjustment Board §§ 46225–46232 · 6 sections

   • § 46225 In the event objections are filed with respect to a particular assessment roll, as provided in Sections 46206 and 46207, the department shall appoint two…
   • § 46226 The adjustment board shall at once organize by the election from its members of a president and a secretary and shall appoint times and places not less than 30…
   • § 46227 Notice of the hearing shall be published at least once a week for two successive weeks in each affected county.
   • § 46230 The adjustment board may postpone the hearings on objections to assessments from time to time.
   • § 46231 At the hearings, the adjustment board shall hear such evidence as may be offered touching the correctness of the assessment, and may modify, amend, or approve…
   • § 46232 No assessment shall be increased if the holder of title to land affected is known except after personal notice or notice by registered mail given to the holder…
5. ARTICLE 5. Approval of Assessment Roll §§ 46255–46257 · 3 sections

   • § 46255 After hearing of objections, the adjustment board shall make an order approving the assessment as finally fixed or modified. The apportionment and…
   • § 46256 Two copies of the assessment roll as finally fixed and approved by the adjustment board shall be certified by the secretary of the adjustment board and…
   • § 46257 The assessment roll as approved by the adjustment board shall be conclusive evidence before any court or tribunal that the assessment has been made and levied…
6. ARTICLE 6. Lien of Assessment §§ 46280–46281 · 2 sections

   • § 46280 When the secretary of the board files the certificates as provided for by Section 46209, or if objections are filed, when the board files with the county…
   • § 46281 Where bonds of a district have been issued upon any assessment, no act or conduct on the part of the board or any officer shall invalidate the assessment after…
7. ARTICLE 7. Additional Units of Project § 46305 · 1 section

   • § 46305 Upon adoption of a resolution by the board to construct additional units pursuant to Article 2 (commencing with Section 42225), Chapter 1, Part 5 of this…
8. ARTICLE 8. Reapportionment of Assessments §§ 46325–46331 · 6 sections

   • § 46325 When any tract of land upon which any assessment provided for by this division has been levied is subdivided into smaller parcels the board shall, upon its own…
   • § 46326 Supplementary assessment rolls showing the reapportionments shall be made separately for land lying within different counties.
   • § 46328 The board shall file with the treasurer of each county in which any portion of the tract so subdivided is situated, the supplementary assessment roll relating…
   • § 46329 After the supplementary assessment rolls have been filed the assessment is an assessment upon each of the smaller parcels in accordance with the…
   • § 46330 The supplementary assessment rolls are a part of and amendatory of the assessment rolls theretofore filed for all purposes.
   • § 46331 The reapportionment shall in nowise affect the assessment except as to the land included in the supplementary assessment rolls.
9. ARTICLE 9. Reassessment of Cost §§ 46355–46356 · 2 sections

   • § 46355 At any time after the commissioners have assessed the cost of the project upon the benefited land within the district and the costs of the portion of the…
   • § 46356 The reassessment of costs of the project shall be made in the same manner as provided in this chapter for the original assessment of costs.
10. ARTICLE 10. Interim Project Assessments §§ 46375–46382 · 8 sections

    • § 46375 At any time after a district project is adopted, as provided in Part 5 (commencing with Section 42200) of this division, and before the original assessment to…
    • § 46376 Each interim project assessment shall be levied in an equal amount upon each acre of land in the district. The total amount of all interim project assessments…
    • § 46377 The board may by resolution levy an interim project assessment, if in its judgment the levy is in the best interests of the district.
    • § 46378 Every interim project assessment is a lien upon the land affected until the full amount of the assessment is paid. The lien is prior to all other liens, except…
    • § 46379 The amount of any interim project assessment assessed against any tract of land in the district shall be credited against the original assessment to finance…
    • § 46380 If the amount of the interim project assessment or assessments credited with respect to any tract of land pursuant to Section 46379 exceeds the amount of the…
    • § 46381 A district may issue direct assessment warrants payable from the proceeds of an interim project assessment pursuant to Chapter 7 (commencing with Section…
    • § 46382 If there are no obligations outstanding which are secured by an interim project assessment, the board may, at any time and without notice or hearing, order…