SECTIONS 26568-26568.3 - California Statutes

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.