Law:Division 17. Geologic Hazard Abatement Districts (California)

From Law Delta

Revision as of 05:15, 26 September 2011 by Admin (Talk | contribs)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to: navigation, search

Contents

Chapter 1. Definitions

Ca Codes (prc:26500-26512) Public Resources Code Section 26500-26512



26500. Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this division.


26501. "Board of directors" means the governing body of the district.

26502. "Bonds" means bonds, notes, or other evidence of indebtedness issued by a district pursuant to this division.


26503. "Local agency" means a city, a city and county, or a county.


26504. "Clerk", where not otherwise modified, means the clerk of the district.


26505. "Improvement" means any activity that is necessary or incidental to the prevention, mitigation, abatement, or control of a geologic hazard, including, but not limited to, all of the following: (a) Acquisition of property or any interest therein. (b) Construction. (c) Maintenance, repair, or operation of any improvement. (d) Preparation of geologic reports required pursuant to Section 2623 for multiple projects within an earthquake fault zone or zones. (e) Issuance and servicing of bonds, notes, or debentures issued to finance the costs of the improvements specified in subdivisions (a), (b), (c), and (d).

26506. "District" means a geologic hazard abatement district created pursuant to this division.


26507. "Geologic hazard" means an actual or threatened landslide, land subsidence, soil erosion, earthquake, fault movement, or any other natural or unnatural movement of land or earth.


26508. "Legislative body" means the legislative body of a local agency.

26509. "Plan of control" means a report prepared by an engineering geologist certificated pursuant to Section 7822 of the Business and Professions Code or a firm of engineering geologists which describes in detail a geologic hazard, its location and the area affected thereby, and a plan for the prevention, mitigation, abatement, or control thereof.


26510. "Section", unless otherwise modified, refers to a section of the Public Resources Code.


26511. "State" means the State of California and, where the context requires, any agency or instrumentality thereof.


26512. "Treasurer" means the treasurer of the district.


Chapter 2. District Formation

Article 1. Purpose

Ca Codes (prc:26525) Public Resources Code Section 26525



26525. A geologic hazard abatement district may be formed pursuant to this division for the following purposes: (a) Prevention, mitigation, abatement, or control of a geologic hazard. (b) Mitigation or abatement of structural hazards that are partly or wholly caused by geologic hazards.


Article 2. Lands Included

Ca Codes (prc:26530-26534) Public Resources Code Section 26530-26534



26530. The lands included within a district may be contiguous or noncontiguous.


26531. The lands included within a district may be situated in more than one local agency.


26532. The lands included within a district may be publicly or privately owned.


26533. No parcel of real property shall be divided by the boundaries of the proposed district.


26534. All lands included within a district shall be specially benefitted by construction proposed in a plan of control approved by the legislative body.


Article 3. Initiation Of Proceedings

Ca Codes (prc:26550-26560) Public Resources Code Section 26550-26560



26550. The provisions of this chapter shall be inoperative as to a legislative body unless and until the legislative body adopts a resolution declaring that it is subject to its provisions and has forwarded a copy of such resolution to the State Controller.


26550.5. Proceedings for the formation of a district may be initiated by either of the following methods: (a) A petition signed by owners of not less than 10 percent of the real property to be included within the proposed district. (b) By resolution of the legislative body.


26551. If the territory proposed to be included within a district is located in more than one local agency, the legislative body of the local agency wherein lies the greater amount of assessed valuation of real property as shown on the assessment roll last equalized by the county, shall initiate and conduct the proceedings to form a district.


26552. A petition initiating proceedings for formation of a district may be presented to the clerk of the legislative body, and shall contain substantially all of the following: (a) A statement that the petition is made pursuant to this division. (b) An indication, opposite each signature, of the lot, tract, and map number or other legal description sufficient to identify such signature as that of the owner of land within the territory included within the proposed district. (c) An indication, opposite each signature, of the date each signature was affixed to the petition. (d) A legal description and map of the boundaries of the territory to be included within the proposed district.


26553. A plan of control shall be attached to the petition.


26554. Upon receipt of a petition in the form described in Sections 26550.5, 26551, and 26553, the clerk of the legislative body shall place such petition on the agenda for the regular meeting of the legislative body next following the clerk's determination that such petition is substantially in the form described in Sections 26551 and 26552 and upon verification that the signatures affixed to the petition represent owners of not less than 10 percent of the real property to be included within the proposed district.


26555. No petition shall be accepted by the clerk of the legislative body unless the signatures thereon shall have been secured within 120 days of the date on which the first signature on the petition was affixed and such petition is submitted to the clerk within 30 days after the last signature was affixed.


26556. The clerk of the legislative body shall notify the person whose signature first appears on the petition of any irregularity in the petition. Such notification shall be by certified mail with return receipt requested. Within 10 days of the date of such mailing, a supplemental petition curing any irregularity may be submitted to the clerk.


26557. Upon presentation to the legislative body of a petition in the form prescribed by Sections 26551 and 26552, the legislative body shall adopt a resolution setting a public hearing on such petition and directing notice thereof to be mailed to all owners of real property to be included within the proposed district as shown on the assessment roll last equalized by the county.


26558. A resolution of the legislative body intiating proceedings for the formation of a district shall contain substantially the following: (a) A statement that the resolution is made pursuant to this division. (b) A statement that the legislative body has been presented with and has reviewed a plan of control, and has determined that the health, safety, and welfare require formation of a district. (c) The setting of a public hearing on such determination and directing that notice be mailed to all owners of real property included within the proposed district.


26559. All activities of a local agency taken pursuant to this division for the formation of a district or the annexation of territory thereto are specific actions necessary to prevent or mitigate an emergency within the meaning of paragraph (4) of subdivision (b) of Section 21080.


26560. Notwithstanding any other provision of law, proceedings for the formation of a district pursuant to this division are exclusive.


Article 4. Notice And Hearing

Ca Codes (prc:26561-26567) Public Resources Code Section 26561-26567



26561. Notice of the hearing set pursuant to Section 26557 or subdivision (c) of Section 26558 shall be mailed first-class, postage prepaid, in the United States mail, at least 20 days preceding the date of the public hearing, to each owner of real property within the proposed district as shown on the last equalized county assessment roll, or the State Board of Equalization assessment roll, as the case may be.


26562. A copy of the petition described in Section 26552 or the resolution described in Section 26558 shall be attached to the notice.

26563. The notice shall set forth the time, date, and place of the hearing, briefly describe the purpose thereof, and indicate where the plan of control may be reviewed or duplicated, at a cost not to exceed the cost of duplication. The notice shall also set forth the address where objections to the proposed formation may be mailed or otherwise delivered up to and including the time of the hearing.


26564. At any time not later than the time set for hearing objections to the proposed formation, any owner of real property within the proposed district may make a written objection to the formation. Such objection shall be in writing, shall contain a description of the land by lot, tract, and map number, and shall be signed by such owner. Objections shall be mailed or delivered as specified in the notice described in Section 26561. If the person whose signature appears on such objection is not shown on the assessment roll last equalized by the county as the owner of the subject real property, the written objection shall be accompanied by evidence sufficient to indicate that such person is the owner of such property. The determination by the legislative body of ownership for purposes of this section shall be final and conclusive.


26565. At the time set for hearing objections, the legislative body shall be presented with all objections made pursuant to Section 26564. The legislative body may adjourn such hearing from time to time, but not to exceed 60 days from the date specified in the original notice.


26566. If it appears at the hearing that owners of more than 50 percent of the assessed valuation of the proposed district object to the formation thereof, the legislative body shall thereupon close the hearing and direct that proceedings for the formation of a district be abandoned.

26567. At the close of the hearing or within 60 days thereafter, the legislative body may proceed by resolution to order the formation of the proposed district. The resolution shall appoint five owners of real property within the district to the initial board of directors for terms not to exceed four years, or, as an alternative to the appointment of five owners of real property within the district, the legislative body may appoint itself to act as the board of directors. If the legislative body appoints itself as the board of directors, Section 26583 shall not apply. If owners of real property within the district are appointed as the initial board of directors, then following the initial term, the board of directors shall be elected as provided by Section 26583. This section shall apply to all districts formed on or after January 1, 1980.


Chapter 2.3. District Dissolution

Ca Codes (prc:26567.1-26567.3) Public Resources Code Section 26567.1-26567.3



26567.1. (a) The legislative body may, by resolution, order the dissolution of a district formed under this division. Any resolution ordering a dissolution is valid only if the legislative body, based on substantial evidence on the record, makes one or more of the following findings: (1) The corporate powers have not been used, there is a reasonable probability that those powers will not be used in the future, and the district holds no significant liquid assets. (2) The board of directors, by resolution passed by unanimous vote of the directors, or by a vote of the owners of more than 50 percent of the assessed valuation of the real property in the district, approved the dissolution of the district. (3) The district has not levied or collected any assessments and holds no significant liquid assets. (4) The district has not substantially complied with a material condition of the resolution of formation adopted by the legislative body. (b) If the board of directors is comprised of members of the legislative body, the decision of the board to dissolve a district shall be approved by the owners of more than 50 percent of the assessed valuation of the real property in the district within 90 days after a valid resolution ordering dissolution. (c) A legislative body or a board of directors shall adopt a resolution setting a public hearing on the proposed dissolution and directing that notice shall be sent to the last known address of each homeowner within the district. The notice shall include the date, time, and place of the hearing and include a copy of the proposed resolution ordering dissolution. The notice shall be mailed first-class, postage prepaid, in the United States mail and be postmarked no later than 30 days prior to the date of the hearing. The notice shall also set forth the address where written objections to the dissolution of the district may be mailed or otherwise delivered up to and including the time of the hearing.


26567.2. In dissolution proceedings, the legislative body may dispense with the resolution and plan of control required by Sections 26553, 26558, and 26562. After the dissolution of the district, the legislative body shall assume all remaining responsibilities and obligations of the district.


26567.3. Within 90 days after a dissolution, the board of directors shall return any liquid assets of the district to the landowners and local agencies in the same proportion that they have contributed to the revenue of the district, and shall provide by resolution for the distribution for ownership of any capital improvements and assets of the district. Within 90 days of a valid resolution ordering dissolution, any property owner within the district may offer an alternative plan for the distribution for ownership of any capital improvements and real assets of the district which shall be adopted if approved by the owners of more than 50 percent of the assessed valuation of the real property in the district.


Chapter 2.5. Emergency Formation

Article 1. Initiation Of Proceedings

Ca Codes (prc:26568-26568.3) Public Resources Code Section 26568-26568.3



26568. The procedures for initiation of proceedings, notice, and hearing and formation of a district under this chapter shall be alternative to the procedures in Articles 3 (commencing with Section 26550) and 4 (commencing with Section 26561) of Chapter 2. Chapter 3 (commencing with Section 26570) does not apply to districts formed under this chapter.


26568.1. Proceedings for the formation of a district for any of the work specified in Section 26525 may be initiated by a petition signed by two-thirds of the property owners of the real property to be included within the proposed district.


26568.2. A petition initiating proceedings for the formation of a district under this chapter shall contain substantially all of the following: (a) A statement that the petition is made pursuant to this chapter. (b) An indication, opposite each signature, of the lot, tract, and map number, or other legal description sufficient to identify the signature as that of the owner of land within the proposed district. (c) The reasons necessitating the creation of the district under this chapter. (d) A request that the time set for hearings on the formation of the district be on short notice and the reason or reasons for the request. (e) A description of, or proposal for, work to be done, an estimate of the cost of the work, and proposed assessments.


26568.3. (a) Upon presentation to the legislative body of a petition in the form prescribed by Section 26568.2, the legislative body shall adopt a resolution setting a public hearing on short notice on the petition and directing that notice of the hearing be given as provided in Section 26569. However, notice of the hearing shall be omitted if the hearing of objections is not required as provided in subdivision (b). The hearing shall be set no earlier than 15 days after the adoption of the resolution under this subdivision. (b) The hearing of objections shall not be required if the legislative body, when considering the passage of a resolution of intention pursuant to a petition presented pursuant to Section 26568.1, finds and determines by a four-fifths vote of all members thereof, that all of the owners of lots or lands liable to be assessed have signed and filed a petition with the clerk on or before the day that the resolution of intention is to be considered for passage, waiving the hearing, declaring that they do not have any objections to the proposed work or the formation of the district, and requesting that the hearings of objections not be required.


Article 2. Notice And Hearing

Ca Codes (prc:26569-26569.4) Public Resources Code Section 26569-26569.4



26569. Notice of the hearing on short notice set pursuant to Section 26568.3 shall be as follows: (a) Published notice shall be made pursuant to Section 6061 of the Government Code and shall be completed at least 10 days prior to the date of the hearing. Published notice shall include a copy of the petition described in Section 26568. 2. (b) Mailed notice shall be sent by first-class mail, with return receipt requested, and postmarked not less than 10 days preceding the date of the public hearing. A copy of the petition described in Section 26568.2 shall be attached to the notice.


26569.1. At any time no later than the time set for hearing, any owner of real property within the proposed district may file with the clerk, a written protest to the formation of the district. A written protest shall contain a description of the land by lot, tract, and map number and shall be signed by the owner.

26569.2. At the time set for hearing objections, the legislative body shall be presented with all objections made pursuant to Section 26568.1.

26569.3. If it appears at the hearing that the owners of more than one-third of the real property to be included within the proposed district object to the formation thereof, the proceedings for the formation of the district shall be abandoned.


26569.4. If a protest by the owners of more than one-third of the real property to be included in the district has not been filed, the legislative body may adopt a resolution ordering the improvements and the formation of the assessment district. If the legislative body proposes to levy an assessment, the notice, protest, and hearing procedures shall comply with Section 53753 of the Government Code.



Article 3. Nature Of The District

Ca Codes (prc:26569.5-26569.7) Public Resources Code Section 26569.5-26569.7



26569.5. A district formed under this chapter shall be comprised of an area within a local agency that is specially benefited by, and is subject to a special assessment to pay the cost of, an improvement. The district is not an entity separate and distinct from the local agency within which it is formed.

26569.6. The legislative body shall appoint itself to act as board of directors of the district.


26569.7. This chapter is applicable only in a city or county which has adopted an ordinance providing that the chapter is applicable in its jurisdiction.


Chapter 3. Nature And Powers Of The District

Article 1. Nature Of The District

Ca Codes (prc:26570-26573) Public Resources Code Section 26570-26573



26570. A district is a political subdivision of the state. A district is not an agency or instrumentality of a local agency.


26571. A district is comprised of an area specially benefited by and subject to special assessment to pay the cost of an improvement. While a district performs certain governmental and proprietary functions as a political subdivision of the state, it is not a special district within the meaning of Section 56036 of the Government Code.


26573. The powers of a district are vested in the board of directors.


Article 2. Powers Of A District

Ca Codes (prc:26574-26581) Public Resources Code Section 26574-26581



26574. A district may do all of the following: (a) Sue and be sued. (b) Make, amend, and repeal bylaws. (c) Have a seal. (d) Exercise all powers necessary or incidental to carry out the purposes of this division.

26575. A district may obtain, hire, purchase, or rent office space and equipment.


26576. Within the territorial limits of the district, or for the purposes set forth in this division, a district may acquire real property or any interest therein by eminent domain.


26577. A district may purchase, lease, obtain an option upon, acquire by gift, grant, bequest, or devise, or otherwise acquire any property or any interest in property.


26578. A district may sell, lease, exchange, assign, encumber, or otherwise dispose of property or any interest in property.


26579. The district may enter into contracts and agreements with the United States, any state or local unit of government, public agency, including any other geologic hazard abatement district or public district, private organization, or any person in furtherance of the purposes of the division.


26580. The district may: (a) Acquire, construct, operate, manage, or maintain improvements on public or private lands. Such improvements shall be with the consent of the owner, unless effected by the exercise of eminent domain pursuant to Section 26576. (b) Accept such improvements undertaken by anyone.


26580.1. The district may make improvements to existing public or private structures where the board of directors determines that it is in the public interest to do so.


26581. At any time following the adoption of the resolution pursuant to Section 26567, the board of directors may proceed to annex territory to the district. The proceedings for annexation shall follow the procedure contained in Article 3 (commencing with Section 26550) and Article 4 (commencing with Section 26561) of Chapter 2 of this division. In such instance, the board of directors shall assume the responsibilities of the legislative body. Annexation of territory to a district shall be subject to the approval of the legislative body which ordered formation of the district. Such approval shall be given by resolution, following the order by the board of directors for annexation of territory to the district.



Article 3. Meetings

Ca Codes (prc:26582) Public Resources Code Section 26582



26582. (a) A district shall keep a record of the proceedings of its meetings. A district is subject to the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code). (b) A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.


Article 4. Officers

Ca Codes (prc:26583-26586) Public Resources Code Section 26583-26586



26583. Following the four-year term of the initially appointed board of directors formed pursuant to Section 26567 and composed of owners of real property within the district, the board of directors shall be composed of five elected directors. The term of office of directors shall be four years. The expiration of the term of any director shall not constitute a vacancy and he or she shall hold office until his or her successor has qualified. Elections shall be called and conducted, and the results canvassed, returned, and declared pursuant to the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code). This section shall not apply to a district where the legislative body has appointed itself as the board of directors.


26584. The board of directors shall appoint a clerk of the district.

26585. The board of directors shall appoint a treasurer of the district.

26586. The board of directors may appoint other officers of the district and delegate thereto such powers of the district as may be appropriate in the circumstances.


Chapter 4. Finances

Article 1. Improvement Act Of 1911; Municipal Improvement Act Of 1913; Improvement Bond Act Of 1915

Ca Codes (prc:26587-26590) Public Resources Code Section 26587-26590



26587. A district may use the Improvement Act of 1911 (commencing with Section 5000 of the Streets and Highways Code) or the Municipal Improvement Act of 1913 (commencing with Section 10000 of the Streets and Highways Code) or the Improvement Bond Act of 1915 (commencing with Section 8500 of the Streets and Highways Code) to pay the costs of an improvement pursuant to this division.


26588. The powers and duties conferred by the Improvement Act of 1911 or the Municipal Improvement Act of 1913 or the Improvement Bond Act of 1915 on the various boards, officers, and agents of cities shall be exercised by the corresponding boards, officers, and agents of the district.

26589. In the application of the Improvement Act of 1911 or the Municipal Improvement Act of 1913 or the Improvement Bond Act of 1915 to proceedings instituted by a district, the terms used in the Improvement Act of 1911 or the Municipal Improvement Act of 1913 or the Improvement Bond Act of 1915 have the following meanings: (a) "City council" or "council" or "legislative body" means the board of directors of the district. (b) "Municipality" or "city" means the district. (c) "Clerk" or "city clerk" means the clerk of the district. (d) "Superintendent of streets," "street superintendent," or "city engineer" means any person appointed by the board to perform or effect an improvement. (e) "Tax collector" means the county tax collector. (f) "Treasurer" or "city treasurer" means the treasurer of the district. (g) "Mayor" means the board of directors or an officer of the district to whom such powers and duties are delegated by the board of directors. (h) "Right-of-way" means any parcel of land in, on, under, or through which a right-of-way or easement has been granted to the district for the purpose of performing or effecting an improvement.


26590. Any certificates or documents required by the Improvement Act of 1911 or the Municipal Improvement Act of 1913 or the Improvement Bond Act of 1915 to be filed or recorded in the office of the superintendent of streets or street superintendent shall be filed or recorded in the office of the clerk of the district.



Article 2. Financial Assistance

Ca Codes (prc:26591-26595) Public Resources Code Section 26591-26595



26591. A district may accept financial or other assistance from any public or private source and may expend any funds so accepted for any of the purposes of this division.


26592. Contributions by a local agency, the state, or any instrumentality or political subdivision thereof, are hereby declared to be for a public purpose.

26593. A district may borrow money from or otherwise incur an indebtedness to a local agency, the state, any instrumentality or political subdivision thereof, the federal government, or any private source, and may comply with any conditions imposed upon the incurring of that indebtedness.


26594. A district may repay any financial assistance accepted pursuant to Section 26591.


26595. A district may reimburse the local agency for all or any part of the cost and expenses incurred by the local agency in formation of the district.


Chapter 5. Improvements

Ca Codes (prc:26600-26601) Public Resources Code Section 26600-26601



26600. The board of directors may negotiate improvement contracts or may award such contracts by competitive bidding pursuant to procedures approved by the board of directors.


26601. Improvement caused to be undertaken pursuant to this division, and all activities in furtherance thereof or in connection therewith, shall be deemed to be specific actions necessary to prevent or mitigate an emergency within the meaning of paragraph (4) of subdivision (b) of Section 21080.


Chapter 6. Maintenance

Ca Codes (prc:26650-26654) Public Resources Code Section 26650-26654



26650. A district may levy and collect assessments pursuant to this chapter to pay for the cost and expenses of the maintenance and operation of any improvements acquired or constructed pursuant to this division.

26651. The board of directors shall adopt a resolution declaring its intention to order that the cost and expenses of maintaining and operating an improvement acquired or constructed pursuant to this division shall be assessed against the property within the district benefited thereby. The resolution shall contain both of the following: (a) A report prepared by an officer of the district which sets forth the yearly estimated budget, the proposed estimated assessments to be levied each year against each parcel of property, and a description of the method used in formulating the estimated assessments. (b) The time, date, and place for the hearing of protests to the proposed assessments.

26652. The board of directors shall cause a notice of the adoption of the resolution described in Section 26651 to be mailed by first class mail to each owner of real property within the district as shown on the last equalized assessment roll of the county. The notice shall be mailed not less than 14 days prior to the date set for the hearing and shall contain all of the following: (a) A statement that the board of directors has adopted the resolution. (b) The time, date, and place set forth in the resolution for the hearing of protests on the proposed assessments. (c) A statement of the total yearly estimated budget for the maintenance and operation of the improvements. (d) A statement that the report described in Section 26651 is available for inspection at the office of the district. (e) The name and telephone number of a person designated by the board of directors to answer inquiries regarding the proposed assessment.

26653. At the hearing, the board of directors shall hear and consider all protests. At the conclusion of the hearing, the board of directors may adopt, revise, change, reduce, or modify any assessment and shall make its determination upon each assessment described in the report. Thereafter, by resolution, the board of directors may confirm the assessments and order the levy and collection thereof.


26653.5. If assessments are proposed to increase from the maximum amount levied in any previous year, the board of directors shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code with respect to that increase.


26654. Following the order by resolution of the levy and collection of assessments by the board of directors, the clerk shall cause to be recorded a notice of assessment, as provided for in Section 3114 of the Streets and Highways Code, whereupon the assessment shall attach as a lien upon the property, as provided in Section 3115 of the Streets and Highways Code. Thereafter, the clerk shall collect the assessments as directed by the board of directors, or, in lieu of collection by the clerk, the board of directors may provide that the assessments are payable at the same time and in the same manner as general taxes on real property are payable. A district board of directors shall reimburse the city or county, as the case may be, for any cost incurred pursuant to this section.


Personal tools
Laws
Variants
Actions
Navigation
Toolbox