Title SHC, California Sts. & High. Code

This division shall be liberally construed in order to effectuate its purposes. No error, irregularity, informality, and no neglect or omission of any officer, in any procedure taken under this division, which does not directly affect the jurisdiction of the legislative body to o…

Whenever in any proceedings under this division, a time and place for any hearing by the legislative body is fixed and, from any cause, the hearing is not then and there held or regularly adjourned to a time and place fixed, the power of the legislative body in the premises shall…

“City” includes counties, cities, cities and counties and all corporations organized and existing for municipal purposes, together with resort districts organized and existing under the Resort Improvement District Law (Division 11 (commencing with Section 13000) of the Public Res…

“Legislative body” when used with reference to a county means the board of supervisors, and when used with reference to a city means the body which by law constitutes the legislative department of the government of the city. (Added by Stats. 1941, Ch. 79.)

“Clerk” when used with reference to a county means the person or officer who is the clerk of the legislative body of the county, and when used with reference to a city means the person or officer who is or acts as clerk of the legislative body of the city. (Added by Stats. 1941, …

“Treasurer” when used with reference to a county means the county treasurer, and when used with reference to a city means the city treasurer. “Treasurer” also includes any person or officer who has charge and makes payment of the funds of such county or city, respectively. (Added…

“Mayor” when used with reference to a county means the chairman of the board of supervisors, and when used with reference to a city means the mayor, or if the city has no mayor, the chairman or the president of the legislative body, the city manager or such other person as may be…

“Council chambers” refers to the place where the regular meetings of the legislative body of the county or city are held. (Added by Stats. 1941, Ch. 79.)

“Street superintendent” or “superintendent of streets” when used with reference to a county means the county surveyor, and when used with reference to a city means the person or officer whose duty it is under the law to have the care or charge of the streets or the improvement th…

If there is no street superintendent or superintendent of streets in any city, the legislative body thereof may appoint a person to perform the duties imposed upon the street superintendent by this division, and all of the provisions of this division applicable to the street supe…

In a city in which there is a superintendent of streets or street superintendent, the legislative body of the city may nevertheless appoint another person to perform the duties imposed upon the street superintendent by this division and all of the provisions of this division appl…

“Engineer” when applied to a county means the county surveyor, and when applied to a city means the city engineer. (Added by Stats. 1941, Ch. 79.)

“Street” includes avenues, highways, lanes, alleys, crossings, or intersections and courts which have been dedicated and accepted according to law or which have been in common and undisputed use by the public for a period of not less than five years next preceding, or which have …

“Place” includes any public park or pleasure ground and common which has been dedicated and accepted according to law. (Added by Stats. 1941, Ch. 79.)

“Paved” or “repaved” includes pavement of stone, paving blocks or macadamizing, or of bituminous rock or asphalt, or of iron, wood or other material, whether patented or not, which is adopted by ordinance or resolution by the legislative body. (Added by Stats. 1941, Ch. 79.)

“Contractor” means the person, firm, partnership, association, corporation, organization or business trust, and includes contracting owners or their agents, to whom a contract for the performance of any work authorized by this division is awarded. (Added by Stats. 1941, Ch. 79.)

“Owner” means the person owning the fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the county recorder’s office of the county in which the property is situated, or the person in possession of the property or buildings under clai…

“Lot,” “land,” “piece,” or “parcel of land” whether used singly or in combination include property owned or controlled by any person as a railroad right of way or as a street or interurban railroad right of way. (Added by Stats. 1941, Ch. 79.)

“Lot,” “portion of lot,” “land,” “piece,” or “parcel of land,” whether used singly or in combination, may, in the discretion of the superintendent of streets, for purposes of spreading assessments and calculating benefits include any contiguous real property under the same owners…

“Work” or “improvement” whether used singly or in combination mean and include any work which is authorized to be done or any improvement which is authorized to be made under this division, as well as the construction, reconstruction and repair of all or part of any such work or …

“Acquisition,” or any of its variants, means one or more of the following: (a) Any works, improvements, appliances, or facilities which are authorized to be made, constructed, or acquired under this division and which are in existence and installed in place on or before the date …

“Incidental expense” includes all of the following: (a) Compensation for work done by the engineer, and attorney’s fees or services in proceedings pursuant to this division. Notwithstanding the foregoing, if a court of competent jurisdiction renders a final judgment that invalida…

In all resolutions, notices, orders and determinations, subsequent to the resolution of intention it shall not be necessary to describe the work, and any description of the work in any of the same, subsequent to the resolution of intention and the notice of improvement, shall be …

The legislative body of a county, city or city and county, may by resolution adopt a name for any street, boulevard, park or place which is to be improved under this division, for which a name has not been provided under the provisions of Sections 970.5 and 971, or otherwise, and…

Division, part, chapter, article, and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division, part, chapter, article or section hereof. (Enacted by Stats. 1935, Ch. 29.)…

Whenever any power or authority is given to, or any duty is imposed upon, any person by any provision of this code it may be exercised or performed by any deputy or person authorized by him unless it is expressly provided that it shall be exercised in person. (Enacted by Stats. 1…

Whenever any notice, report, petition, permit, statement or record is required by this code, it shall be made in writing in the English language. (Enacted by Stats. 1935, Ch. 29.)

This division may be cited as the Improvement Bond Act of 1915. (Added by Stats. 1941, Ch. 79.)

Unless the particular provision or the context otherwise requires, the definitions and general provisions contained in this part shall govern the construction of this division. (Added by Stats. 1941, Ch. 79.)

This division provides an alternative system for the issuance of bonds to represent and be secured by the assessments made to pay the costs and expenses of the work or improvements referred to in this division and the provisions of this division shall not apply to or affect any o…

“Assessed” and “assessment” mean assessments made pursuant to subdivisions (d) and (e) of Section 10204, or other law pursuant to which the assessment was levied, as corrected and modified by the legislative body. “Assessed” and “assessment” do not include assessments to pay admi…

“City” includes counties, cities and counties and public corporations, districts and agencies. (Amended by Stats. 1963, Ch. 1223.)

“Legislative body” means: (a) When used with reference to a county, the board of supervisors. (b) When used with reference to a city, the body which by law constitutes the legislative department of the government of the city. (Added by Stats. 1941, Ch. 79.)

“Clerk” means: (a) When used with reference to a county, the person or officer who is or acts as the clerk of the legislative body of the county. (b) When used with reference to a city, the person who is or acts as clerk of the legislative body of the city. (Added by Stats. 1941,…

“Treasurer” means: (a) When used with reference to a county, the county treasurer. (b) When used with reference to a city, the city treasurer. (Added by Stats. 1941, Ch. 79.)

As used with reference to a county, “street superintendent” or “superintendent of streets” means the county surveyor, or such other competent county officer as may be appointed by the legislative body of the county to perform the duties imposed on the street superintendent. (Adde…

As used with reference to a county, “engineer” means the county surveyor, or such other competent county officer as may be appointed by the legislative body of the county to perform the duties imposed on the engineer. (Added by Stats. 1941, Ch. 79.)

“Auditor” means: (a) When used with reference to a county, the county auditor. (b) When used with reference to a city, any person who is charged with the duty of extending taxes upon the assessment rolls and lists. (Added by Stats. 1941, Ch. 79.)

“Tax collector” means: (a) When used with reference to a county, the county tax collector. (b) When used with reference to a city, the person who is charged with the duty of collecting taxes, advertising delinquent lists of unpaid taxes, selling lands thereunder and executing cer…

The provisions of this division relative to the time or place of performance of official duty or relative to the form of any resolution, notice, order, list, certificate of sale, deed or other instrument, are directory only. (Added by Stats. 1941, Ch. 79.)

Notwithstanding any other provision of this division, income realized from the investment of money on deposit in a fund or account established pursuant to this division may be used, at the option of the legislative body, to pay all or any portion of any amount required to be reba…

The legislative body of any city may determine that serial bonds, term bonds, or both, shall be issued as provided in this division to represent and be secured by assessments to pay the cost of any work or improvement in any of the streets, avenues, lanes, alleys, courts, places,…

If the legislative body determines that bonds shall be issued as provided in this division to represent the expense of any proposed work or improvement, it shall, in the resolution of intention to do the work, do all of the following: (a) Declare that bonds shall be issued pursua…

(a) The legislative body may determine that bonds issued pursuant to this division shall not be subject to refunding pursuant to the procedures of Division 11 (commencing with Section 9000) or Division 11.5 (commencing with Section 9500) until a date specified in the format of th…

The legislative body may determine that bonds issued pursuant to this division may be refunded under specified conditions. If the legislative body so determines, it shall, in the resolution of intention to do the work, include all of the following: (a) A declaration that bonds pr…

A similar description of the bonds shall be inserted in the assessment issued by the street superintendent to the contractor under the Improvement Act of 1911, or in the assessment prepared by the street superintendent and in the notice of recording the assessment if the work is …