2800. This division may be cited as the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931.
2801. This division shall be liberally construed in order to
effectuate its purposes.
2802. As used in this division, "assessment roll" or "taxation
assessment roll" when used with reference to a county, or district or
other public corporation, means the taxation assessment roll of the
county, and when used with reference to a city means the assessment
roll of the county in which the city is located unless a correction
factor is established for the purpose of determining true value as
provided for in Part 8, in which event those terms mean the taxation
assessment rolls of the city.
2803. This division shall not prevent the acquisition of property
for public use and the making of public improvements in a single
proceeding if the law under which the acquisition and the improvement
are to be made authorizes such acquisition and the making of such
improvements in a single proceeding.
Where a single proceeding covering both the acquisition and the
improvement is contemplated, only a single proceeding covering both
the acquisition and improvement need be taken under this division,
and its provisions shall apply to such proceedings in the same manner
as they apply to proceedings in which only the acquisition of
property or the making of improvements is involved.
2803.5. Proceedings under this division may be combined with
proceedings under the Improvement Act of 1911 (Division 7 (commencing
with Section 5000)) or with proceedings under the Municipal
Improvement Act of 1913 (Division 12 (commencing with Section 10000))
in any manner which is convenient and economical.
2804. (a) This division does not apply to irrigation districts,
irrigation district improvement districts, fire districts, fire
protection districts, or public cemetery districts, or to any
proceeding otherwise subject to this division when one or more of the
following situations exist:
(1) The proceedings are undertaken by a district or public
corporation within one year of its incorporation.
(2) The improvement proceedings are by a chartered city, chartered
county, or a county sanitation district which is governed ex officio
by the board of supervisors of a chartered county, and the city,
county, or district has complied with Section 19 of Article XVI of
the California Constitution.
(3) All of the owners of more than 60 percent in area of the
property subject to assessment for the proposed improvements have
signed and filed with the clerk or secretary of the legislative body
undertaking the proceedings a written petition for the improvements
meeting the requirements of Section 2804.5.
(b) As used in this section, "substantially described" means that
additional improvements of the same or similar nature may not be
provided unless the estimated cost of the improvements does not
exceed 10 percent of the estimated cost of the improvements provided
in the former report.
(c) As used in this section, "owner of land" means only a person
who, at the time the petition is filed with the clerk or secretary of
the legislative body, appears to be the owner upon the assessor's
roll or, in the case of transfers of land, or parts thereof,
subsequent to the date upon which the last assessor's roll was
prepared, appear to be the owner on the records in the county
assessor's office which the county assessor will use to prepare the
next assessor's roll. If any person signing the petition appears on
the assessor's roll or the records in the county assessor's office as
an owner of property as a joint tenant or tenant in common, or as a
husband or wife, that property shall be counted as if all those
persons had signed the petition.
2804.1. The provisions of clause (3) of Section 2804 shall not
apply to proceedings for the financing and improvement of streets and
easements initiated under a contract entered into, or proposed to be
entered into, between a subdivider and a city, city and county, or
county pursuant to Section 66462 of the Government Code, unless the
subdivider shall submit written evidence satisfactory to the
legislative body and the legislative body shall find and determine
that the total estimated amount of the proposed assessment will not
exceed 75 percent of the estimated fair market value of the land
proposed to be assessed after the proposed public improvements shall
have been constructed. The finding and determination of the
legislative body shall be final and conclusive in the absence of
fraud.
2804.2. If the proceedings are for the financing and improvement of
streets and easements initiated under a contract entered into, or
proposed to be entered into, between a city, city and county, or
county pursuant to Section 66462 of the Government Code and lands
which will be subject to assessment for the proposed improvement are
encumbered or subject to any existing mortgage or deed of trust, for
the purpose of clause (3) of Section 2804, "owners" shall include not
only the persons specified in Section 2804 but also any mortgagee or
beneficiary under any such existing mortgage or deed of trust. Upon
the filing of a petition for any such improvement, the owners, as
specified in Section 2804, shall furnish the clerk or secretary of
the legislative body with their affidavit, and any additional
evidence which the clerk or secretary may require, concerning the
existence of all such mortgages or deeds of trust and the names of
any mortgagees or beneficiaries thereunder.
2804.3. Notwithstanding paragraph (3) of subdivision (a) of Section
2804, this division applies to proceedings where a petition is
signed by an owner of 40 percent or more in area of the property
proposed to be subject to assessment, and where some or all of the
other lots or parcels proposed to be subject to assessment are used
primarily for residential purposes, unless the petition and waiver is
also signed by owners of 50 percent in area of the property proposed
to be subject to assessment which is not owned by the owner of 40
percent or more in area of the property proposed to be subject to
assessment.
2804.5. A petition for improvements for purposes of paragraph (3)
of subdivision (a) of Section 2804 shall include, but not be limited
to, all of the following:
(a) A statement, in clear and simple English, that the landowner
is waiving certain rights to protest against and stop the formation
of the proposed assessment district.
(b) A brief description of the proposed project.
(c) An estimate of the total cost of the proposed project to be
financed by the proposed assessment district.
2805. This division shall not apply to bonds issued or to be issued
to provide money with which to acquire, construct or complete any
public improvement, work, or public utility, or where such bonds have
been voted by a majority or two-thirds vote, as may be required by
the law under which the bonds are issued or to be issued, of the
qualified electors of any district or other persons entitled to vote
at the election upon the proposition of issuing such bonds.
2806. This division shall not apply to any maintenance district
proceedings or to any assessment levied for the maintenance of any
improvements, but it shall apply to all other special assessment
districts and proceedings within the scope of Section 2820,
regardless of the particular law under which any such proceeding may
be undertaken and regardless of whether the special assessment made
will be specific or a special assessment tax upon lands wholly or
partially according to the assessed value of such lands.
2807. As used in this division with reference to land "parcel"
includes lot.
2808. None of the provisions of this division shall apply to
proceedings heretofore or hereafter commenced for the construction or
acquisition, or the construction and acquisition, of sanitary
sewers, sewage disposal works, and storm water drains, including the
acquisition of sewer and storm water drain rights-of-way and
easements necessary in connection with such improvement, when such
proceedings have been recommended by the health officer of the city
or county in which such proceedings are instituted as necessary as a
health measure, if such recommendation is given in writing and spread
upon the minutes of the legislative body conducting such
proceedings, and such necessity is found to exist by resolution
adopted by the affirmative vote of four-fifths of the members
thereof. The findings and determinations made by the legislative body
pursuant to this section shall be final and conclusive upon all
persons in the absence of actual fraud.
2808.5. This division does not apply to proceedings commenced
before or after January 1, 1985, for the construction or acquisition,
or both, of facilities for the production, treatment, storage, and
distribution of water, which supply potable water for domestic,
municipal, commercial, or industrial use, including the acquisition
of rights-of-way and easements necessary in connection with the
facilities, when the proceedings have been recommended by the health
officer of the city or county in which the proceedings are instituted
as necessary as a health measure, if the recommendation is submitted
in writing and included in the minutes of the legislative body
conducting the proceedings, and the necessity is found to exist by a
resolution adopted by the affirmative vote of four-fifths of the
members thereof. The findings and determinations made by the
legislative body, pursuant to this section, is final and conclusive
upon all persons in the absence of actual fraud.
2808.6. This division does not apply to proceedings, whether
commenced before or after January 1, 1985, for repairing, restoring,
rebuilding, rehabilitating, or modernizing existing public facilities
when there are over 12 resident voters within the area proposed to
be assessed and when the engineer of the jurisdiction undertaking
assessment proceedings has determined that the work is necessary for
reasons of public safety or to avoid substantially larger future
costs due to deterioration and obsolescence of the public facilities
involved. The determination shall be given in writing and included in
the minutes of the legislative body conducting the assessment
proceedings, and this section shall apply only if the necessity is
found to exist by resolution adopted by the affirmative vote of
four-fifths of the members thereof. The findings and determinations
made by the legislative body pursuant to this section shall be final
and conclusive upon all persons in the absence of actual fraud.
2808.7. This division does not apply to proceedings commenced
before or after January 1, 1985, for the construction or acquisition,
or both, of flood control and drainage works, including the
acquisition of rights-of-way and easements necessary in connection
with those improvements, if the chief engineer of a city, county, or
flood control district exercising flood control powers over the
majority of the area to be protected by the proposed flood control or
drainage works finds the works to be necessary to protect life and
property from injury and damage from flooding as a result of a
100-year design storm and that finding is made in writing and spread
upon the minutes of the legislative body conducting the proceedings,
and if that necessity is also found to exist by resolution adopted by
the affirmative vote of four-fifths of the members thereof. The
finding made by the legislative body pursuant to this section shall
be final and conclusive upon all persons in the absence of actual
fraud.
2809. As used in this division "legislative body" shall include the
governing body of any district or other public corporation
authorized by law to construct such public improvements.
2810. None of the provisions of this division shall apply to
proceedings hereafter commenced for the construction of sidewalks
when required for the safety of pupils attending the schools, or for
the construction of improvements to or traffic safety facilities for
railroad crossings when required for the safety of pupils attending
schools or farmworkers or other workmen, within a city or county and
the necessity for such requirement is found to exist by the
legislative body of such city or county conducting said proceedings,
expressed by resolution adopted by the affirmative vote of
four-fifths of the members thereof. The findings and determinations
made by the legislative body pursuant to this section shall be final
and conclusive upon all persons in the absence of actual fraud.
2811. This division shall not apply to the proceedings of the
legislative body of any entity in granting to the legislative body of
another entity the power and authority to exercise extraterritorial
jurisdiction within its boundaries. However, the legislative body of
the entity granted such power and authority shall comply with this
division as to all property proposed to be assessed or with such
provisions of Part 1 hereof as may be applicable.
2800. This division may be cited as the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931.
2801. This division shall be liberally construed in order to
effectuate its purposes.
2802. As used in this division, "assessment roll" or "taxation
assessment roll" when used with reference to a county, or district or
other public corporation, means the taxation assessment roll of the
county, and when used with reference to a city means the assessment
roll of the county in which the city is located unless a correction
factor is established for the purpose of determining true value as
provided for in Part 8, in which event those terms mean the taxation
assessment rolls of the city.
2803. This division shall not prevent the acquisition of property
for public use and the making of public improvements in a single
proceeding if the law under which the acquisition and the improvement
are to be made authorizes such acquisition and the making of such
improvements in a single proceeding.
Where a single proceeding covering both the acquisition and the
improvement is contemplated, only a single proceeding covering both
the acquisition and improvement need be taken under this division,
and its provisions shall apply to such proceedings in the same manner
as they apply to proceedings in which only the acquisition of
property or the making of improvements is involved.
2803.5. Proceedings under this division may be combined with
proceedings under the Improvement Act of 1911 (Division 7 (commencing
with Section 5000)) or with proceedings under the Municipal
Improvement Act of 1913 (Division 12 (commencing with Section 10000))
in any manner which is convenient and economical.
2804. (a) This division does not apply to irrigation districts,
irrigation district improvement districts, fire districts, fire
protection districts, or public cemetery districts, or to any
proceeding otherwise subject to this division when one or more of the
following situations exist:
(1) The proceedings are undertaken by a district or public
corporation within one year of its incorporation.
(2) The improvement proceedings are by a chartered city, chartered
county, or a county sanitation district which is governed ex officio
by the board of supervisors of a chartered county, and the city,
county, or district has complied with Section 19 of Article XVI of
the California Constitution.
(3) All of the owners of more than 60 percent in area of the
property subject to assessment for the proposed improvements have
signed and filed with the clerk or secretary of the legislative body
undertaking the proceedings a written petition for the improvements
meeting the requirements of Section 2804.5.
(b) As used in this section, "substantially described" means that
additional improvements of the same or similar nature may not be
provided unless the estimated cost of the improvements does not
exceed 10 percent of the estimated cost of the improvements provided
in the former report.
(c) As used in this section, "owner of land" means only a person
who, at the time the petition is filed with the clerk or secretary of
the legislative body, appears to be the owner upon the assessor's
roll or, in the case of transfers of land, or parts thereof,
subsequent to the date upon which the last assessor's roll was
prepared, appear to be the owner on the records in the county
assessor's office which the county assessor will use to prepare the
next assessor's roll. If any person signing the petition appears on
the assessor's roll or the records in the county assessor's office as
an owner of property as a joint tenant or tenant in common, or as a
husband or wife, that property shall be counted as if all those
persons had signed the petition.
2804.1. The provisions of clause (3) of Section 2804 shall not
apply to proceedings for the financing and improvement of streets and
easements initiated under a contract entered into, or proposed to be
entered into, between a subdivider and a city, city and county, or
county pursuant to Section 66462 of the Government Code, unless the
subdivider shall submit written evidence satisfactory to the
legislative body and the legislative body shall find and determine
that the total estimated amount of the proposed assessment will not
exceed 75 percent of the estimated fair market value of the land
proposed to be assessed after the proposed public improvements shall
have been constructed. The finding and determination of the
legislative body shall be final and conclusive in the absence of
fraud.
2804.2. If the proceedings are for the financing and improvement of
streets and easements initiated under a contract entered into, or
proposed to be entered into, between a city, city and county, or
county pursuant to Section 66462 of the Government Code and lands
which will be subject to assessment for the proposed improvement are
encumbered or subject to any existing mortgage or deed of trust, for
the purpose of clause (3) of Section 2804, "owners" shall include not
only the persons specified in Section 2804 but also any mortgagee or
beneficiary under any such existing mortgage or deed of trust. Upon
the filing of a petition for any such improvement, the owners, as
specified in Section 2804, shall furnish the clerk or secretary of
the legislative body with their affidavit, and any additional
evidence which the clerk or secretary may require, concerning the
existence of all such mortgages or deeds of trust and the names of
any mortgagees or beneficiaries thereunder.
2804.3. Notwithstanding paragraph (3) of subdivision (a) of Section
2804, this division applies to proceedings where a petition is
signed by an owner of 40 percent or more in area of the property
proposed to be subject to assessment, and where some or all of the
other lots or parcels proposed to be subject to assessment are used
primarily for residential purposes, unless the petition and waiver is
also signed by owners of 50 percent in area of the property proposed
to be subject to assessment which is not owned by the owner of 40
percent or more in area of the property proposed to be subject to
assessment.
2804.5. A petition for improvements for purposes of paragraph (3)
of subdivision (a) of Section 2804 shall include, but not be limited
to, all of the following:
(a) A statement, in clear and simple English, that the landowner
is waiving certain rights to protest against and stop the formation
of the proposed assessment district.
(b) A brief description of the proposed project.
(c) An estimate of the total cost of the proposed project to be
financed by the proposed assessment district.
2805. This division shall not apply to bonds issued or to be issued
to provide money with which to acquire, construct or complete any
public improvement, work, or public utility, or where such bonds have
been voted by a majority or two-thirds vote, as may be required by
the law under which the bonds are issued or to be issued, of the
qualified electors of any district or other persons entitled to vote
at the election upon the proposition of issuing such bonds.
2806. This division shall not apply to any maintenance district
proceedings or to any assessment levied for the maintenance of any
improvements, but it shall apply to all other special assessment
districts and proceedings within the scope of Section 2820,
regardless of the particular law under which any such proceeding may
be undertaken and regardless of whether the special assessment made
will be specific or a special assessment tax upon lands wholly or
partially according to the assessed value of such lands.
2807. As used in this division with reference to land "parcel"
includes lot.
2808. None of the provisions of this division shall apply to
proceedings heretofore or hereafter commenced for the construction or
acquisition, or the construction and acquisition, of sanitary
sewers, sewage disposal works, and storm water drains, including the
acquisition of sewer and storm water drain rights-of-way and
easements necessary in connection with such improvement, when such
proceedings have been recommended by the health officer of the city
or county in which such proceedings are instituted as necessary as a
health measure, if such recommendation is given in writing and spread
upon the minutes of the legislative body conducting such
proceedings, and such necessity is found to exist by resolution
adopted by the affirmative vote of four-fifths of the members
thereof. The findings and determinations made by the legislative body
pursuant to this section shall be final and conclusive upon all
persons in the absence of actual fraud.
2808.5. This division does not apply to proceedings commenced
before or after January 1, 1985, for the construction or acquisition,
or both, of facilities for the production, treatment, storage, and
distribution of water, which supply potable water for domestic,
municipal, commercial, or industrial use, including the acquisition
of rights-of-way and easements necessary in connection with the
facilities, when the proceedings have been recommended by the health
officer of the city or county in which the proceedings are instituted
as necessary as a health measure, if the recommendation is submitted
in writing and included in the minutes of the legislative body
conducting the proceedings, and the necessity is found to exist by a
resolution adopted by the affirmative vote of four-fifths of the
members thereof. The findings and determinations made by the
legislative body, pursuant to this section, is final and conclusive
upon all persons in the absence of actual fraud.
2808.6. This division does not apply to proceedings, whether
commenced before or after January 1, 1985, for repairing, restoring,
rebuilding, rehabilitating, or modernizing existing public facilities
when there are over 12 resident voters within the area proposed to
be assessed and when the engineer of the jurisdiction undertaking
assessment proceedings has determined that the work is necessary for
reasons of public safety or to avoid substantially larger future
costs due to deterioration and obsolescence of the public facilities
involved. The determination shall be given in writing and included in
the minutes of the legislative body conducting the assessment
proceedings, and this section shall apply only if the necessity is
found to exist by resolution adopted by the affirmative vote of
four-fifths of the members thereof. The findings and determinations
made by the legislative body pursuant to this section shall be final
and conclusive upon all persons in the absence of actual fraud.
2808.7. This division does not apply to proceedings commenced
before or after January 1, 1985, for the construction or acquisition,
or both, of flood control and drainage works, including the
acquisition of rights-of-way and easements necessary in connection
with those improvements, if the chief engineer of a city, county, or
flood control district exercising flood control powers over the
majority of the area to be protected by the proposed flood control or
drainage works finds the works to be necessary to protect life and
property from injury and damage from flooding as a result of a
100-year design storm and that finding is made in writing and spread
upon the minutes of the legislative body conducting the proceedings,
and if that necessity is also found to exist by resolution adopted by
the affirmative vote of four-fifths of the members thereof. The
finding made by the legislative body pursuant to this section shall
be final and conclusive upon all persons in the absence of actual
fraud.
2809. As used in this division "legislative body" shall include the
governing body of any district or other public corporation
authorized by law to construct such public improvements.
2810. None of the provisions of this division shall apply to
proceedings hereafter commenced for the construction of sidewalks
when required for the safety of pupils attending the schools, or for
the construction of improvements to or traffic safety facilities for
railroad crossings when required for the safety of pupils attending
schools or farmworkers or other workmen, within a city or county and
the necessity for such requirement is found to exist by the
legislative body of such city or county conducting said proceedings,
expressed by resolution adopted by the affirmative vote of
four-fifths of the members thereof. The findings and determinations
made by the legislative body pursuant to this section shall be final
and conclusive upon all persons in the absence of actual fraud.
2811. This division shall not apply to the proceedings of the
legislative body of any entity in granting to the legislative body of
another entity the power and authority to exercise extraterritorial
jurisdiction within its boundaries. However, the legislative body of
the entity granted such power and authority shall comply with this
division as to all property proposed to be assessed or with such
provisions of Part 1 hereof as may be applicable.
2800. This division may be cited as the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931.
2801. This division shall be liberally construed in order to
effectuate its purposes.
2802. As used in this division, "assessment roll" or "taxation
assessment roll" when used with reference to a county, or district or
other public corporation, means the taxation assessment roll of the
county, and when used with reference to a city means the assessment
roll of the county in which the city is located unless a correction
factor is established for the purpose of determining true value as
provided for in Part 8, in which event those terms mean the taxation
assessment rolls of the city.
2803. This division shall not prevent the acquisition of property
for public use and the making of public improvements in a single
proceeding if the law under which the acquisition and the improvement
are to be made authorizes such acquisition and the making of such
improvements in a single proceeding.
Where a single proceeding covering both the acquisition and the
improvement is contemplated, only a single proceeding covering both
the acquisition and improvement need be taken under this division,
and its provisions shall apply to such proceedings in the same manner
as they apply to proceedings in which only the acquisition of
property or the making of improvements is involved.
2803.5. Proceedings under this division may be combined with
proceedings under the Improvement Act of 1911 (Division 7 (commencing
with Section 5000)) or with proceedings under the Municipal
Improvement Act of 1913 (Division 12 (commencing with Section 10000))
in any manner which is convenient and economical.
2804. (a) This division does not apply to irrigation districts,
irrigation district improvement districts, fire districts, fire
protection districts, or public cemetery districts, or to any
proceeding otherwise subject to this division when one or more of the
following situations exist:
(1) The proceedings are undertaken by a district or public
corporation within one year of its incorporation.
(2) The improvement proceedings are by a chartered city, chartered
county, or a county sanitation district which is governed ex officio
by the board of supervisors of a chartered county, and the city,
county, or district has complied with Section 19 of Article XVI of
the California Constitution.
(3) All of the owners of more than 60 percent in area of the
property subject to assessment for the proposed improvements have
signed and filed with the clerk or secretary of the legislative body
undertaking the proceedings a written petition for the improvements
meeting the requirements of Section 2804.5.
(b) As used in this section, "substantially described" means that
additional improvements of the same or similar nature may not be
provided unless the estimated cost of the improvements does not
exceed 10 percent of the estimated cost of the improvements provided
in the former report.
(c) As used in this section, "owner of land" means only a person
who, at the time the petition is filed with the clerk or secretary of
the legislative body, appears to be the owner upon the assessor's
roll or, in the case of transfers of land, or parts thereof,
subsequent to the date upon which the last assessor's roll was
prepared, appear to be the owner on the records in the county
assessor's office which the county assessor will use to prepare the
next assessor's roll. If any person signing the petition appears on
the assessor's roll or the records in the county assessor's office as
an owner of property as a joint tenant or tenant in common, or as a
husband or wife, that property shall be counted as if all those
persons had signed the petition.
2804.1. The provisions of clause (3) of Section 2804 shall not
apply to proceedings for the financing and improvement of streets and
easements initiated under a contract entered into, or proposed to be
entered into, between a subdivider and a city, city and county, or
county pursuant to Section 66462 of the Government Code, unless the
subdivider shall submit written evidence satisfactory to the
legislative body and the legislative body shall find and determine
that the total estimated amount of the proposed assessment will not
exceed 75 percent of the estimated fair market value of the land
proposed to be assessed after the proposed public improvements shall
have been constructed. The finding and determination of the
legislative body shall be final and conclusive in the absence of
fraud.
2804.2. If the proceedings are for the financing and improvement of
streets and easements initiated under a contract entered into, or
proposed to be entered into, between a city, city and county, or
county pursuant to Section 66462 of the Government Code and lands
which will be subject to assessment for the proposed improvement are
encumbered or subject to any existing mortgage or deed of trust, for
the purpose of clause (3) of Section 2804, "owners" shall include not
only the persons specified in Section 2804 but also any mortgagee or
beneficiary under any such existing mortgage or deed of trust. Upon
the filing of a petition for any such improvement, the owners, as
specified in Section 2804, shall furnish the clerk or secretary of
the legislative body with their affidavit, and any additional
evidence which the clerk or secretary may require, concerning the
existence of all such mortgages or deeds of trust and the names of
any mortgagees or beneficiaries thereunder.
2804.3. Notwithstanding paragraph (3) of subdivision (a) of Section
2804, this division applies to proceedings where a petition is
signed by an owner of 40 percent or more in area of the property
proposed to be subject to assessment, and where some or all of the
other lots or parcels proposed to be subject to assessment are used
primarily for residential purposes, unless the petition and waiver is
also signed by owners of 50 percent in area of the property proposed
to be subject to assessment which is not owned by the owner of 40
percent or more in area of the property proposed to be subject to
assessment.
2804.5. A petition for improvements for purposes of paragraph (3)
of subdivision (a) of Section 2804 shall include, but not be limited
to, all of the following:
(a) A statement, in clear and simple English, that the landowner
is waiving certain rights to protest against and stop the formation
of the proposed assessment district.
(b) A brief description of the proposed project.
(c) An estimate of the total cost of the proposed project to be
financed by the proposed assessment district.
2805. This division shall not apply to bonds issued or to be issued
to provide money with which to acquire, construct or complete any
public improvement, work, or public utility, or where such bonds have
been voted by a majority or two-thirds vote, as may be required by
the law under which the bonds are issued or to be issued, of the
qualified electors of any district or other persons entitled to vote
at the election upon the proposition of issuing such bonds.
2806. This division shall not apply to any maintenance district
proceedings or to any assessment levied for the maintenance of any
improvements, but it shall apply to all other special assessment
districts and proceedings within the scope of Section 2820,
regardless of the particular law under which any such proceeding may
be undertaken and regardless of whether the special assessment made
will be specific or a special assessment tax upon lands wholly or
partially according to the assessed value of such lands.
2807. As used in this division with reference to land "parcel"
includes lot.
2808. None of the provisions of this division shall apply to
proceedings heretofore or hereafter commenced for the construction or
acquisition, or the construction and acquisition, of sanitary
sewers, sewage disposal works, and storm water drains, including the
acquisition of sewer and storm water drain rights-of-way and
easements necessary in connection with such improvement, when such
proceedings have been recommended by the health officer of the city
or county in which such proceedings are instituted as necessary as a
health measure, if such recommendation is given in writing and spread
upon the minutes of the legislative body conducting such
proceedings, and such necessity is found to exist by resolution
adopted by the affirmative vote of four-fifths of the members
thereof. The findings and determinations made by the legislative body
pursuant to this section shall be final and conclusive upon all
persons in the absence of actual fraud.
2808.5. This division does not apply to proceedings commenced
before or after January 1, 1985, for the construction or acquisition,
or both, of facilities for the production, treatment, storage, and
distribution of water, which supply potable water for domestic,
municipal, commercial, or industrial use, including the acquisition
of rights-of-way and easements necessary in connection with the
facilities, when the proceedings have been recommended by the health
officer of the city or county in which the proceedings are instituted
as necessary as a health measure, if the recommendation is submitted
in writing and included in the minutes of the legislative body
conducting the proceedings, and the necessity is found to exist by a
resolution adopted by the affirmative vote of four-fifths of the
members thereof. The findings and determinations made by the
legislative body, pursuant to this section, is final and conclusive
upon all persons in the absence of actual fraud.
2808.6. This division does not apply to proceedings, whether
commenced before or after January 1, 1985, for repairing, restoring,
rebuilding, rehabilitating, or modernizing existing public facilities
when there are over 12 resident voters within the area proposed to
be assessed and when the engineer of the jurisdiction undertaking
assessment proceedings has determined that the work is necessary for
reasons of public safety or to avoid substantially larger future
costs due to deterioration and obsolescence of the public facilities
involved. The determination shall be given in writing and included in
the minutes of the legislative body conducting the assessment
proceedings, and this section shall apply only if the necessity is
found to exist by resolution adopted by the affirmative vote of
four-fifths of the members thereof. The findings and determinations
made by the legislative body pursuant to this section shall be final
and conclusive upon all persons in the absence of actual fraud.
2808.7. This division does not apply to proceedings commenced
before or after January 1, 1985, for the construction or acquisition,
or both, of flood control and drainage works, including the
acquisition of rights-of-way and easements necessary in connection
with those improvements, if the chief engineer of a city, county, or
flood control district exercising flood control powers over the
majority of the area to be protected by the proposed flood control or
drainage works finds the works to be necessary to protect life and
property from injury and damage from flooding as a result of a
100-year design storm and that finding is made in writing and spread
upon the minutes of the legislative body conducting the proceedings,
and if that necessity is also found to exist by resolution adopted by
the affirmative vote of four-fifths of the members thereof. The
finding made by the legislative body pursuant to this section shall
be final and conclusive upon all persons in the absence of actual
fraud.
2809. As used in this division "legislative body" shall include the
governing body of any district or other public corporation
authorized by law to construct such public improvements.
2810. None of the provisions of this division shall apply to
proceedings hereafter commenced for the construction of sidewalks
when required for the safety of pupils attending the schools, or for
the construction of improvements to or traffic safety facilities for
railroad crossings when required for the safety of pupils attending
schools or farmworkers or other workmen, within a city or county and
the necessity for such requirement is found to exist by the
legislative body of such city or county conducting said proceedings,
expressed by resolution adopted by the affirmative vote of
four-fifths of the members thereof. The findings and determinations
made by the legislative body pursuant to this section shall be final
and conclusive upon all persons in the absence of actual fraud.
2811. This division shall not apply to the proceedings of the
legislative body of any entity in granting to the legislative body of
another entity the power and authority to exercise extraterritorial
jurisdiction within its boundaries. However, the legislative body of
the entity granted such power and authority shall comply with this
division as to all property proposed to be assessed or with such
provisions of Part 1 hereof as may be applicable.
