State Codes and Statutes

State Codes and Statutes

Statutes > California > Shc > 5300-5305

STREETS AND HIGHWAYS CODE
SECTION 5300-5305



5300.  Whenever a railroad, street, or interurban railroad
right-of-way shall be included within any district to be assessed for
the cost of any work provided in this division, such railroad
right-of-way (whether it is owned in fee or as an easement) shall be
included in the warrant, assessment, and diagram. Such railroad
right-of-way shall be assessed only if, and to the extent that, it is
found that it will benefit from the proposed improvement, and such
railroad, street, or interurban railroad right-of-way shall be
subject to sale for nonpayment of assessments as provided in this
division. In determining whether or not such railroad right-of-way
benefits its use as a right-of-way for a railroad shall be presumed
to be permanent.



5301.  If any lot or parcel of land belonging to the United States,
or to the State, or to any county, city, public agent, mandatory of
the government, school board, educational, penal or reform
institution or institution for the feebleminded or the insane, is in
use in the performance of any public function, and is included within
the district to be assessed to pay the costs and expenses thereof,
the legislative body may, in the resolution of intention, declare
that such lots or parcels of land, or any of them, shall be omitted
from the assessment thereafter to be made to cover the costs and
expenses of the work.


5302.  If any such lots or parcels of land are omitted from the
assessment, the total expense of all work done shall be assessed on
the remaining lots or parcels of land lying within the limits of the
assessment district, without regard to such omitted lots or parcels
of land.



5302.5.  If the legislative body, in the resolution of intention,
declares that any lot or parcel of land owned and used as provided in
Section 5301 shall be included in the assessment, or if no
declaration is made respecting any such lot or parcel of land then
any assessment upon such lot or parcel of land shall be an
enforceable obligation against the owner of such property and shall
be paid, within 30 days after the date of recording the assessment,
by the officer, officers, or board having charge of the disbursement
of the funds of the owner of such lot or parcel of land and, if not
paid within said 30 days, shall bear interest until paid at the rate
stated in the resolution of intention for the bonds proposed to be
issued, and if no bonds are proposed to be issued then at the rate of
not more than 7 percent per annum until paid; provided, however,
that if said assessment is not paid within said 30-day period the
city may, and if the city has so provided in its resolution of
intention shall, at the expiration thereof, forthwith advance the
necessary sum and pay the assessment and shall collect the amount of
said assessment and interest thereon from the said obligated owner
and may enforce the collection thereof by writ of mandate or other
proper remedy. If for any reason there are not moneys available for
the payment of said assessment, then the legislative body of the
public entity which owns said property so assessed may elect to cause
said assessment to be payable in a number of installments not to
exceed the number of installments of and at the same interest rate as
bonds issued in the proceedings creating the assessment, or if no
bonds are to be issued, for a number of installments not to exceed
the number of installments of annual payments as provided by Section
6462 of this code for payment of bonds issued under the provisions of
this division and for a rate of interest to be specified. In the
event the legislative body of the entity whose property is assessed
decides that said assessment shall be payable in installments, then
the officer, officers or board whose duty it is to levy taxes for
said obligated owner, including school districts but not limited
thereto, shall include in the next tax levy an amount, in addition to
moneys for all other purposes, sufficient to pay the annual
installment of principal and interest upon said assessment with
interest on the unpaid principal of the assessment to date of the
payments, and shall include in each succeeding tax levy a like amount
or more, in addition to moneys for all other purposes, until the
principal of said assessment and all interest on unpaid portions
thereof, shall be paid in full. In the event the officer, officers,
or board whose duty it is to levy taxes fails to discharge the
principal of the assessment and the interest thereon, the owner of
the assessment may compel the levy thereof in the manner hereinabove
set forth by writ of mandate. No statute of limitations shall bar any
right provided for herein to enforce the collection of an assessment
of the type described herein and any interest due thereon until four
years after the due date of the last principal payment due upon said
assessment. The owner of an assessment described herein may use
mandamus or other appropriate remedy to compel the officer, officers
or board whose duty it is to levy taxes for said obligated owner to
levy an amount in a given year equal to the amount necessary to pay
the installment of principal and interest on the assessment in said
year, and may continue to use mandamus or other remedy to cause like
installments of the amount of principal and interest accruing to be
levied each year until the whole of the assessment due has been paid.
   If the owner of an assessment is successful in any action to
compel the levy of a tax under this section he shall be awarded
reasonable attorneys' fees as fixed by the court and costs and said
attorneys' fees and costs shall be included in said tax levy.




5302.6.  As an alternative method to that method provided in
Sections 5302.5 and 6467, for financing unpaid assessments against
publicly owned property, as such property is defined in Section 5301,
bonds may be issued to represent unpaid assessments against such
public property. Bonds shall be issued in the manner and form as
provided for in Chapter 4.5 (commencing with Section 6468), Part 5 of
this division. The holders of such bonds and each individual holder
of such bonds shall have all of the rights set forth for the holder
of an assessment under Section 5302.5 and that of the owner of a
certificate to represent assessment against public property as
provided for in this code and other rights as provided by the
provisions of Chapter 4.5 (commencing with Section 6468), Part 5 of
this division. If bonds are to be issued to represent assessments
against publicly owned property, it may be set forth by resolution of
the legislative body of the entity conducting the proceedings at any
time prior to the levy of assessment in the proceedings.




5303.  If the legislative body, in the resolution of intention,
declares that any lot or parcel of land used as provided in Section
5301 and owned by the United States or any department thereof or the
State of California or any department thereof shall be included in
the assessment, then the city shall be liable for such sum as may
thereafter be assessed against such lot or parcel of land and which
is unpaid after 30 days from the recordation of the assessment. Such
sum shall be payable by the city out of the general fund unless the
legislative body shall in its resolution of intention designate
another fund. The foregoing provisions of this section shall not
apply to any assessment pursuant to Chapter 14 (commencing with
Section 5320) of Part 3 of this division against any such land owned
by the State of California or department thereof, but the city shall
advance the amount of any such assessment in such assessment
proceedings and shall in such case become the owner of such
assessment and entitled to repayment of such amount with interest
thereon at the rate provided in that chapter from the State of
California or any department thereof.



5305.  The legislative body may provide for deferral of payment of
assessments in accordance with procedures prescribed by Chapter 8
(commencing with Section 10700) of Division 12.