SECTIONS 50590-50607 - California Statutes

GOVERNMENT CODE

SECTION 50590-50607

50590. Proceedings for the formation of an open space maintenance
district may be initiated by petition signed by the owners of
assessable land in the proposed district, as shown by the last
equalized assessment roll of the county, owning lands of an assessed
value of not less than twenty-five percent (25%) of the total
assessed value of all assessable land in the district, as shown by
the last equalized county assessment roll. The petition shall contain
a general description of the exterior boundaries of the proposed
district, a general description of the open spaces to be maintained,
a general description of the maintenance to be done on the open
spaces, and a statement that the petition is filed pursuant to this
chapter. The petition shall be filed with the clerk, who shall check
or cause it to be checked. If it is signed by the requisite number of
qualified signers, the clerk shall make his certificate to that
effect and shall present the petition and certificate to the
legislative body.

50591. Before the legislative body adopts an ordinance of intention
to form the district, the superintendent of streets or other
officer, board or commission of the local agency designated by the
legislative body shall make and file with the clerk a preliminary
report which shall contain the following information:
(a) A general description of the open areas proposed to be
maintained, all of which must lie wholly within the boundaries of the
district;
(b) A general description of the proposed maintenance;
(c) An estimate of the annual costs and expenses of maintenance of
the open areas which benefit property within the proposed district;
(d) A diagram or map showing:
(i) The boundaries of the district proposed to be assessed and the
public streets, alleys, ways or other public places situated
therein;
(ii) Each parcel of land benefited by the maintenance, giving each
a separate number or designation upon the diagram. The said diagram,
as approved by the legislative body, shall govern for all details as
to the lands determined to be benefited by the maintenance and to
thereafter be assessed.
The preliminary report, prior to its filing with the clerk, shall
be referred to the planning commission, if any, for its
recommendation upon the formation of such district. The
recommendation of the planning commission shall be transmitted to the
clerk along with the preliminary report.

50592. After the filing of the report, the clerk shall present it
to the legislative body for consideration. The legislative body may
approve, amend, alter, modify or correct the report or may direct
changes to be made therein. When the report has been approved by the
legislative body, it may fix a time and place for hearing objections
to the proposed formation of the district or to the report and may
adopt an ordinance declaring its intention to form the district. The
report shall thereafter be open to inspection in the office of the
clerk until the public hearing.

50593. If the legislative body determines that the public interest
and convenience require the formation of a district, it may adopt an
ordinance declaring its intention to form a district pursuant to the
provisions of this chapter. The ordinance of intention, in addition
to making the foregoing determination, shall also contain:
(a) A general description of the exterior boundaries of the
proposed district, as specified in Section 50594.
(b) A general description of the maintenance proposed to be done
and the open areas to be maintained or conserved thereby.
(c) A statement that an annual assessment may be levied to pay the
costs and expenses of the maintenance on the open areas.
(d) A statement that amounts so assessed shall be billed for and
collected as a part of the regular tax bills.
(e) The day, hour and place for the hearing by the legislative
body of protests and objections to the formation of the proposed
district or to the proposed maintenance, and a statement that any
owner of property liable to be assessed for the maintenance may make
written protest against the proposed maintenance or against the
formation of the proposed district or both by filing a written
protest with the clerk at any time not later than the hour so fixed
for the hearing. The time for the hearing shall not be less than 15
or more than 60 days from the date of the adoption by the legislative
body of the ordinance. If new or increased assessments are proposed,
the legislative body shall comply with the notice, hearing, and
protest procedures in Section 53753.

50594. The proposed assessment district may be described in the
ordinance of intention by stating the exterior boundaries thereof or
by referring to the diagram provided for in the Preliminary report
required therefor. The description of the maintenance shall be
sufficient if the ordinance states in general terms the classes or
kinds of maintenance contemplated, contains a general description of
the property upon which the maintenance is to be done or the name by
which such property is commonly known, and refers to plans and
reports on file, if any, or such of them as may be suitable or proper
for a description of the proposed maintenance. Portions of the
improvement or of the territory comprising the assessment district
need not be contiguous.

50596. The legislative body in its discretion may, in the ordinance
of intention or at any subsequent time, order that a portion of the
costs and expenses of the maintenance shall be paid out of the
treasury of the local agency from such fund as the legislative body
may designate and the amount of such payment shall be so specified.

50597. The ordinance of intention shall be published as provided in
Section 6061 and at least 15 days before the date set for hearing
protests or objections.

50603. At the hearing the legislative body may order changes in the
proposed maintenance or the proposed boundaries of the district by
the elimination of any portion thereof which will not in its opinion
be benefited by the work proposed to be done.
If the legislative body proposes a change in the boundaries to
include additional land in the district, the legislative body shall
adopt a resolution briefly describing the change proposed to be made
and giving notice of the time and place when and where any interested
person may object to such change. The clerk shall mail a copy of a
notice of intention to do so to each person described in Section
50598 included in the area proposed to be added, within the time and
in the manner set forth in Section 50598. The notice shall describe
the proposed change and specify the time for hearing objections. The
notice shall also be published in the time and manner provided for in
Section 50597.

50604. If the boundaries are changed, objections or protests made
by owners of land excluded by the change shall not be counted in
computing a majority protest, but written objections or protests to
the things proposed to be done as an entirety made by owners of the
remaining assessable land in the district, including assessable land
added by a change, and filed with the clerk not later than the time
set for hearing objections to the proposed change, shall be included
in computing a majority protest.

50605. Except in the case of a majority protest, the legislative
body may sustain or deny any or all objections or protests and its
determination is final. The determination shall be entered upon the
minutes. If the protests are denied or if no protests are filed, the
legislative body shall immediately acquire jurisdiction to form the
district and to order the maintenance, as proposed or as changed, to
be done and to proceed further in accordance with the provisions of
this chapter. In the event there is a majority protest against a
change of boundaries to include additional land, as provided for in
Section 50603, no such change shall be ordered by the legislative
body.

50606. If the legislative body decides to proceed, it shall by
ordinance fix and establish the boundaries of the district, declare
that the district is formed pursuant to this chapter, describe the
open areas to be maintained by the district, order the maintenance to
be performed and provide that the cost and expense of doing the
maintenance shall be paid by annual assessments upon the land within
the district. The ordinance forming the district shall be final and
conclusive on all persons in all particulars.

50607. Any objections or protests not made at the time and in the
manner provided for by this chapter are deemed waived voluntarily.
The validity of proceedings taken under this chapter shall not be
attacked subsequent to the hearing upon any ground not stated in an
objection or protest filed pursuant to this chapter. Any landowner or
person interested in any land within the district is estopped to
attack the proceedings upon any ground not stated in a protest filed
by him pursuant to this chapter. The validity of the formation of a
district formed pursuant to this chapter shall not be contested in
any action or proceeding unless the action or proceeding is commenced
within 30 days after the time the district is formed. Any appeal
from a final judgment in such an action or proceeding must be
perfected within 30 days after the entry of the judgment. Any defect,
error, or informality in the petition, the clerk's certificate, the
publication, posting, or mailing of notices, or failure of the
landowner or person interested in the land to receive notice shall
not invalidate any proceeding pursuant to this chapter.