SECTIONS 5150-5152 - California Statutes

STREETS AND HIGHWAYS CODE

SECTION 5150-5152

5150. The provisions of this chapter relating to grades are
alternative provisions and shall not repeal any other provisions of
this division or of this code relating to change of grade.

5150.5. The legislative body may, by resolution, establish, change,
or modify the official grade of any street, boulevard, park or place
which is to be improved pursuant to this division, and the words
"official grade" when used in this division shall mean the grade so
established, changed, or modified.

5151. The grade to which any work shall be done shall be that which
is shown on the plans or profiles therefor or it may be done on the
grade formally established by the legislative body. If any official
grade has already been adopted or established for any of the streets,
avenues, or other places or property proposed to be improved, it
shall be lawful for the resolution of intention to provide that said
work shall be done to new grades or grades different from those so
established or adopted, and shall refer to plans, profiles or
specifications for the description of the grade at which the work is
to be done.

5152. Any property owner whose property is to be assessed to pay
the costs and expenses of the proposed work may at the time fixed in
the resolution of intention for hearing of objections to the proposed
work, appear before the legislative body and make objection to the
proposed grade or proposed modification of grade. A failure to make
objection at that time shall be deemed to be a waiver of all
objections to the proposed grade or proposed change or modification
of grade and shall operate as a bar to any claim for damages or any
subsequent action looking to the prevention of the work or the
recovery of damages on account of the performance of the work to such
grade or changed grade.