State Codes and Statutes

State Codes and Statutes

Statutes > California > Shc > 10300-10312

STREETS AND HIGHWAYS CODE
SECTION 10300-10312



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 legislative body may modify it in any respect.
The report as modified shall stand as the report for the purpose of
all subsequent proceedings except that it may be confirmed, modified,
or corrected as provided in this chapter.



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 cause notice of that hearing and a
public meeting required by Section 54954.6 of the Government Code to
be mailed as provided in subdivision (c) of that section. If new,
increased, or extended assessments are proposed, the legislative body
shall comply with the notice, protest, and hearing procedures in
Section 53753 of the Government Code.



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 any proceedings taken under this
division. If property assessed by the state under Section 14 of
Article XIII of the Constitution is proposed to be assessed, the
notice shall be mailed to every owner of the property at the address
thereof shown on the last board roll transmitted to the county
auditor.


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 of the city. The legislative body may
confirm, amend, alter, modify, or correct the assessment and diagram
in such manner as to it shall be just and may instruct and direct
the person or board making the same to correct them in any
particular.



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 "owners" of property to be
assessed, the legislative body shall make such determination from the
last equalized assessment roll. The legislative body shall be under
no duty to obtain or consider any other evidence as to ownership of
property and its determination of ownership shall be final and
conclusive.


10311.5.  If the proposed improvement includes the acquisition of
any improvements constructed pursuant to the provisions of the
Subdivision Map Act, Division 2 (commencing with Section 66410) of
Title 7 of the Government Code, and such improvements were financed,
in whole or in part, from the proceeds of any loan secured by a
mortgage or deed of trust upon any lands within the proposed
assessment district, upon submission of evidence, satisfactory to the
legislative body, of the foregoing, the mortgagee or beneficiary
under any such mortgage or deed of trust may protest in the same
manner and to the same extent as the owner of such lands.
   Any contract by a city for the acquisition of any such
improvements shall provide that, in the absence of contrary written
instructions by any such mortgagee or beneficiary, the purchase price
for said improvements shall be paid to the owner and to the
mortgagee or beneficiary, as their interests may appear.




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 in subdivision (f) of that section,
are confirmed as filed, as modified, or corrected, by resolution, the
legislative body shall order the proposed improvement to be made or
acquired, and declare its action upon the report and assessment. The
resolution shall be final as to all persons, and the assessment
thereby levied upon the respective subdivisions of land in the
assessment district.
   (b) If an annual assessment to pay for administrative cost is
provided for pursuant to subdivision (a), the legislative body shall
determine, by resolution, the amount of the annual assessment for
this purpose, which shall not exceed the maximum assessment provided
for in subdivision (a) and shall not exceed a reasonable estimate of
costs actually incurred or likely to be incurred. This determination
may be included in the resolution adopted pursuant to subdivision
(a). The legislative body may subsequently determine by resolution
that the annual assessment shall be a different amount, but in no
event shall the annual assessment exceed the maximum annual
assessment provided for in subdivision (a). Resolutions adopted
pursuant to this subdivision shall be final as to all persons, and
the annual assessment in the amount determined shall thereby be
levied annually until changed by resolution adopted pursuant to this
section. These assessments may be collected in the same manner and in
the same installments as the assessments levied pursuant to
subdivision (a), and may be combined with those assessments for
collection in any manner which is convenient and economical.