SECTIONS 5221.5-5227 - California Statutes

STREETS AND HIGHWAYS CODE

SECTION 5221.5-5227

5221.5. In lieu of hearing and passing upon protests as provided in
Section 5221, the legislative body may continue the hearing of
protests to a day certain and refer the protests to the
superintendent of streets for investigation, report and
recommendation as to the improvement and matters included in the
protests. The report and recommendation of the superintendent of
streets shall be in writing, and a copy thereof shall be mailed not
less than five days prior to the continued hearing date for protests
to each person owning property liable to be assessed who has made a
written protest. At the time set for the continued hearing the
legislative body shall hear and pass upon the report and
recommendation of the superintendent of streets and its decision
shall be final. The legislative body may adjourn the hearing from
time to time. Protests may be withdrawn in the same manner as
provided in Section 5221.

5223. If it shall be necessary, in order to find whether a majority
protest exists, to determine whether any or all of the signers of
written protests are the "owners" of property to be assessed, the
legislative body shall make such determination from the last
equalized assessment roll, any written evidence submitted with a
written protest and any other evidence received at the hearing. The
legislative body shall be under no duty to obtain or consider any
other evidence as to ownership of property and its determination of
ownership shall be final and conclusive.

5225. If no protests or objections in writing have been delivered
to the clerk up to the hour set for the hearing thereon or if
protests have been found by the legislative body to be insufficient,
or have been overruled, or if protests against the extent of the
proposed district have been heard and denied, immediately thereupon
the legislative body shall acquire jurisdiction to order the proposed
work to be done.
If the hearing of objections is not required, pursuant to Section
5132, immediately upon passage of the resolution of intention the
legislative body shall acquire jurisdiction to order the proposed
work to be done.

5227. Nothing in this act contained shall prohibit the legislative
body, within said one-year period referred to in Section 5222 hereof,
from commencing and carrying on new proceedings for the construction
of a portion of the improvement so protested against if it finds, by
the affirmative vote of four-fifths of its members, that the owners
of a majority of the property within the area of the assessment
district to be established under said new proceedings are in favor of
going forward with said portion of the improvement.