SECTIONS 58900-58908 - California Statutes

GOVERNMENT CODE

SECTION 58900-58908

58900. It is the purpose of this chapter to require that notice of
a proposal be given to all owners of the real property described
therein prior to the time the proposal is acted upon by the
supervising authority.

58901. As used in this chapter, unless the context otherwise
requires:
(a) "Proposal" means any proposal for the formation of a new, or
change in the boundaries of an existing, district.
(b) "Supervising authority" means the board of supervisors, city
council or the governing body authorized by law to act upon
proceedings for the formation of a new, or change in boundaries of an
existing, district.
(c) "District" means any tax, assessment or any other district
except as otherwise provided in Section 58902.
(d) "Clerk" means the clerk or secretary of the supervising
authority.
(e) "Principal act" means the law providing for the creation or
change in boundaries of a district.

58902. Except as herein otherwise provided, this chapter shall
apply to all districts. This chapter shall not apply to any boundary
change which is approved by all of the owners of real property
proposed to be included within, or proposed to be excluded from, the
district, nor to any proceeding commenced or conducted with respect
to forming a metropolitan water district or separation of grade
district or changing the boundaries thereof.

58903. Upon the filing or other submission of any proposal, the
supervising authority shall give notice thereof as required by this
chapter.

58904. The notice of filing or other submission of the proposal
shall contain the matters specified by the law under which the
proposal is made. In lieu thereof it shall be sufficient if the
notice of filing or other submission of the proposal shall contain
the following:
(a) The nature of the proposal.
(b) A general description or map of the territory included in the
proposal.
(c) The time and place of the first public hearing on the proposal
if a public hearing is required by other provisions of law to be
held upon the proposal, or the time and place upon which the
supervising authority will take initial action upon the proposal.

58905. Every owner of real property, including property assessed by
the State under Section 14, Article XIII of the Constitution, is
hereby authorized to file a statement each fiscal year with the
county assessor, showing his name, address, and a description of the
property owned by him, together with a request that a notice of all
proposals affecting such property shall be mailed to him at such
address. The statement and request shall be effective only for the
fiscal year in which it was filed. The fee for filing a statement and
request is one dollar and fifty cents ($1.50). The property owner
shall furnish a copy of the statement and request to the clerk of any
supervising authority having a request for same on file with the
county assessor, and this chapter shall be ineffective with respect
to the actions of that supervising authority unless its clerk shall
have received a copy of the statement and request.

58906. If the principal act requires notice to be mailed by
first-class mail to all owners of property described in the proposal,
including the owners of state assessed property, notice shall be
mailed in the form and manner, and at the time, required by such act.
If the principal act does not require such notice, the clerk shall
cause a notice of the filing or other submission of the proposal to
be mailed by post card or first class mail, postage prepaid, to every
owner of real property described in the proposal who has filed the
statement authorized by the preceding section, at the address shown
on such statement, at least 10 days prior to the first hearing or
initial action on the proposal. The clerk of the supervising
authority may, upon completion of the mailing of such notices, file
an affidavit with the supervising authority stating that notices have
been mailed to all property owners entitled thereto under the
provisions of this chapter. The affidavit of the clerk shall be
conclusive evidence as to the mailing or nonmailing of any notice.
Mailing of notice to all property owners who have filed a request
therefor with the county assessor, as authorized by Section 58905,
shall be deemed sufficient compliance with this chapter for all
purposes.

58907. No proceeding shall be held invalid for omission of the
clerk of the supervising body to mail the notice required by this
chapter to any property owner unless such owner objects to such
omission within 30 days after the public hearing or initial action
with reference to which such notice was omitted. No objection shall
be considered unless it is made in writing, signed, under oath by
such owner or his duly authorized representative, and filed with the
clerk of the supervising authority. Upon the expiration of said 30
days, the clerk may file an affidavit stating whether or not any
property owner entitled to a mailed notice under this chapter who has
not been mailed such notice, has filed the objection herein
authorized. The affidavit of the clerk shall be conclusive evidence
as to the filing or nonfiling of objections within the period of 30
days as above required. If a valid objection is filed within the time
allowed, the supervising authority shall conduct another hearing or
reconsider its initial action on the proposal, after complying with
the notice provisions of this chapter and the principal act under
which the proposal was initiated. The time allowed by such principal
act for the taking of any proceedings subsequent to the initial
action or hearing shall be extended for such additional time as may
be required to comply with this chapter.

58908. The provisions of this chapter shall not be superseded or
modified by any subsequent legislation except to the extent that such
legislation shall do so expressly.