SECTIONS 5830-5841
HARBORS AND NAVIGATION CODE
SECTION 5830-5841
SECTION 5830-5841
5830. At the time and place specified in the notice the board ofsupervisors shall consider the petition and may continue the hearingfrom time to time not exceeding a period of ninety days.5831. A certificate issued by the assessor of the county and filedin the proceedings, which states that the name of any signer of thepetition appears upon the last equalized assessment-roll of thecounty for land assessed to him or her and located within theboundaries of the proposed district, is prima facie evidence that thesigner is a freeholder within the proposed district. A certificate signed by the county elections official, whichstates that the name of any signer of the petition is registered anduncanceled as a voter of the county and that he or she resides withinthe boundaries of the proposed district, is prima facie evidencethat the signer is a registered voter within the proposed district.5832. At the hearing, the board of supervisors may change theexterior boundaries of the proposed district, as set forth in thepetition, by excluding lands which would not be benefited by theimprovement or development of the harbor.5833. The board of supervisors may also change the exteriorboundaries of the proposed district, as set forth in the petition byadding to the proposed district other contiguous lands which will bebenefited by the improvement or development of the harbor.5834. Land may not be added to the proposed district until noticeis served upon the owner of the lands proposed to be added. The notice may be personally served upon the owner or publishedfor the same period of time and in the same paper as the originalpetition and notice of hearing. The notice shall state the day, hour, and place at which the ownerwill be heard and shall generally describe the lands proposed to beadded to the proposed district.5835. The board of supervisors shall investigate and determine: (a) If the improvement or development work generally described inthe petition is feasible. (b) If, when completed it will result in the improvement ordevelopment of the harbor. (c) If the estimated cost and incidental expenses are thereasonable and necessary costs of the improvement or development workand incidental expenses. For the purpose of investigation and determination, it may submitthe improvement or development work described in the petition toengineers for examination and report.5836. If it appears, and the board of supervisors finds that it isnecessary, in order to make a sufficient and adequate examination, tocontinue the hearing beyond ninety days, the board may for thatpurpose continue the hearing for not longer than six months from thedate of the presentation of the petition.5837. If the improvement, development, protection, maintenance,management or control of a harbor or any part thereof, proposed to beimporved or developed, is vested in or exercised by a harborcommission, the petition shall be submitted to and approved by theharbor commission, before it is presented to the board ofsupervisors, and all investigations of the improvement or developmentwork, and its estimated cost, ordered or directed to be made by theboard of supervisors, shall be made by or under and subject to theapproval of the harbor commission.5838. Neither the board of supervisors or the harbor commission, ifone exists, is bound by the improvement or development workdescribed in the petition, or by the estimated cost set forth, but itmay find that other, different, or less amount of improvement ordevelopment work should be done, and find the estimated cost and theincidental expenses.5839. Upon final hearing, the board of supervisors shall have afinding of facts entered upon the minutes of the meeting if itappears that: (a) The petition and notice of hearing have been duly published. (b) The petition is signed by a sufficient number of persons whopossess the required qualifications. (c) A harbor exists within the county, some portion of which iscontained within the exterior boundaries set forth in the petition. (d) It can be improved and developed as generally described in thepetition at a cost not disproportionate to the benefit to be derivedfrom the improvement and development. (e) The improvement or development has the approval of the harborcommission, if one exists.5840. The finding of facts required to be made by the board ofsupervisors shall set forth: (a) The name of the proposed district, as set forth in thepetition. (b) The official name or name by which the harbor is commonlyknown. (c) A description of the exterior boundaries of the territory tobe included within the proposed district, as originally set forth inthe petition, or as they may have been changed by the inclusion orexclusion of lands. (d) The improvement or development work to be done. (e) The estimated cost, and the incidental expenses.5841. The findings are conclusive evidence of the existence ofevery fact found by the board of supervisors and of the due signingand publication of the petition and of the publication or personalservice of all prior notices, and vest the board with authority toproceed pursuant to this part.