State Codes and Statutes

State Codes and Statutes

Statutes > California > Shc > 10350-10358

STREETS AND HIGHWAYS CODE
SECTION 10350-10358



10350.  "Changes" as used in this chapter shall include corrections,
alterations, modifications, additions, omissions, increases or
decreases.


10351.  Unless the power to proceed shall have ceased at the
conclusion of the hearing on the proposed improvement because of a
majority protest, at any time before completion of the improvement
proceedings, the legislative body may make changes in, to or from the
boundaries of the proposed assessment district, the improvement
ordered to be made or acquired, the assessment (including the amounts
of any of the individual assessments therein), or in the
proceedings, or any act, determination or provision made, or
permitted to be made, by the legislative body under and pursuant to
this division, which act, determination or provision does not affect
the jurisdiction of the legislative body to order the improvement.
The legislative body shall not change the boundaries to include any
territory which will not, in its judgment, be benefited by the
improvement.


10352.  All changes shall be made on notice and hearing as herein
provided, except changes may be made:
   (a) At the hearing on the report, which:
   (1) Reduce the total amount of the assessment or make no change in
the total amount of the assessment and no increase or decrease in
the amount of money assessed on each parcel of property included in
the assessment; or
   (2) Eliminate a portion of the work or provide a substitution
therein without increasing the cost of any assessment by reason
thereof or substantially affecting the distribution of benefits from
the work; or
   (3) Eliminate a portion of the assessment district without
increasing the amount of any assessment by reason thereof or
substantially affecting the distribution of benefits from the work;
or
   (4) Exclude territory which will not be benefited by the
improvement without increasing the amount of any assessment by reason
thereof; and
   (b) At any time after the improvements are ordered and during the
pendency of the proceedings, which;
   (1) Do not increase the total amount of the assessment; or
   (2) Provide for the elimination or addition of work or
substitutions therein, though they result in an increase in some
assessments, provided that the owners of the property affected
request in writing that the changes in the work and in the
assessments be made; or
   (3) Exclude territory which will not be benefited by the
improvement without increasing the amount of any assessment by reason
thereof.


10353.  Before ordering any changes made, other than as provided in
Section 10352, the legislative body shall adopt a resolution briefly
describing the changes proposed to be made, stating the amount of the
estimated increase or decrease in the cost of the improvement by
reason of the proposed changes and giving notice of a time and place
when and where any interested person having any objection to the
changes proposed to be made may appear before the legislative body
and show cause why the changes should not be ordered. The resolution
shall also contain the name and telephone number of a local
department or agency designated by the legislative body to answer
inquiries regarding the hearing proceedings. The resolution may
describe the changes by referring to maps, plats, plans, profiles,
detailed drawings, or specifications on file in the office of the
clerk of the legislative body or engineer, which shall indicate the
changes proposed to be made and which shall govern for all details
thereof. The resolution shall be published pursuant to Section 6061
of the Government Code, at least 10 days prior to the date of the
hearing. 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.



10354.  If said resolution proposes to include additional territory
in the assessment district, or to increase any assessment, at least
20 days prior to the hearing fixed therein the clerk of the
legislative body shall mail a copy of said resolution to all persons
owning real property within said additional territory, or whose
assessment is increased, whose names and addresses appear on the last
equalized assessment roll or as known to said clerk.



10355.  Written objection to the proposed changes may be filed with
the clerk of the legislative body by any interested person at any
time not later than the time set for the hearing. The legislative
body shall hear and pass upon such objections at the time appointed,
or at any time to which the hearing thereof may be adjourned, and its
decision thereon shall be final and conclusive. If no written
objections to said changes have been delivered to the clerk up to the
hour set for hearing thereon, or if said objections have been heard
and found by the legislative body to be insufficient or have been
overruled or denied, immediately thereupon the legislative body by an
affirmative vote of four-fifths of its members shall acquire
jurisdiction to order said changes made. The decisions and
determinations of the legislative body ordering such changes after
notice and hearing shall be final and conclusive upon all persons
entitled to appeal thereupon to the legislative body.



10356.  If as a result of any proposed changes the legislative body
shall determine that a supplemental assessment shall be necessary,
the proceedings provided for by this chapter may either be combined
with or conducted separately from the proceedings for such
supplemental assessment. If said proposed changes shall eliminate or
substantially reduce the estimated benefits to be received from the
improvement by any subdivision of land within the assessment
district, the legislative body shall not order any such changes
without ordering a corresponding credit upon the individual
assessment theretofore imposed upon such subdivision. Said credit
shall be made in the manner provided in Section 10427.1.



10357.  Any changes made pursuant to this chapter shall be subject
to the limitations, if any, contained in any law applicable to the
proceedings, which law may impose limitations upon the amount by
which the estimated cost of the improvement may be increased by
reason of such changes.



10358.  Any changes made pursuant to this chapter shall not release
or discharge the sureties upon any bond required under this division.