Section § 10300

Explanation

When a report, as outlined in Sections 10203 and 10204, is filed with the clerk, the clerk must present it to the legislative body for review. This body has the authority to change the report as needed. Once changed, the modified report becomes the official document for all future actions unless it is officially confirmed, adjusted, or corrected according to this chapter.

When the report provided for in Sections 10203 and 10204 is filed with the clerk, he shall present it to the legislative body for consideration. The legislative body may modify it in any respect. The report as modified shall stand as the report for the purpose of all subsequent proceedings except that it may be confirmed, modified, or corrected as provided in this chapter.

Section § 10301

Explanation

This law requires a local government to schedule a time and place to hear public objections about proposed assessments, which are financial charges on property owners. The government must send notices for this hearing and a related public meeting. If the assessments are new, increased, or extended, they must follow specific procedures for notices and hearings outlined in another section of the law.

After passing on the report, the legislative body shall by resolution appoint the time and place for hearing protests to the proposed assessment and shall cause notice of that hearing and a public meeting required by Section 54954.6 of the Government Code to be mailed as provided in subdivision (c) of that section. If new, increased, or extended assessments are proposed, the legislative body shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.

Section § 10306

Explanation

This law states that if the clerk doesn't send a notice to a property owner or if the owner doesn't receive it, it won't invalidate the legal proceedings. However, if the property is assessed by the state, the notice must be sent to the owner at the address listed on the latest board roll that was sent to the county auditor.

The failure of the clerk to mail the notice to any property owner or the failure of any property owner to receive the notice shall not affect the validity of any proceedings taken under this division. If property assessed by the state under Section 14 of Article XIII of the Constitution is proposed to be assessed, the notice shall be mailed to every owner of the property at the address thereof shown on the last board roll transmitted to the county auditor.

Section § 10310.4

Explanation

This law allows a city's legislative body to fix any mistakes or informalities in the city's actions or decisions. They can confirm, change, or correct assessments and diagrams related to these actions in a fair manner and instruct others on how to make these corrections.

The legislative body may remedy, revise, and correct any error or informality in any act, determination, or proceeding of the legislative body or any officer of the city. The legislative body may confirm, amend, alter, modify, or correct the assessment and diagram in such manner as to it shall be just and may instruct and direct the person or board making the same to correct them in any particular.

Section § 10311.1

Explanation

This law section explains that when it's necessary to check if there's a majority protest regarding property assessments, the local government's decision is based solely on the last equalized assessment roll. They don't have to look at any other proof of property ownership, and their decision on who owns the property is final and cannot be challenged.

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. 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.

Section § 10311.5

Explanation

This law explains what happens when a city wants to buy improvements, like buildings, that were financed through a mortgage or loan, especially if these improvements fall under certain real estate laws. If these improvements were paid for with money borrowed against property in a specific assessment area, the lender who provided the mortgage can protest the purchase just like the property owner can. When the city makes a deal to buy these improvements, the payment should be divided between the property owner and the lender, unless the lender says otherwise in writing.

If the proposed improvement includes the acquisition of any improvements constructed pursuant to the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code, and such improvements were financed, in whole or in part, from the proceeds of any loan secured by a mortgage or deed of trust upon any lands within the proposed assessment district, upon submission of evidence, satisfactory to the legislative body, of the foregoing, the mortgagee or beneficiary under any such mortgage or deed of trust may protest in the same manner and to the same extent as the owner of such lands.
Any contract by a city for the acquisition of any such improvements shall provide that, in the absence of contrary written instructions by any such mortgagee or beneficiary, the purchase price for said improvements shall be paid to the owner and to the mortgagee or beneficiary, as their interests may appear.

Section § 10312

Explanation

This law explains the process for approving and finalizing proposed assessments for improvements or services in a specific area, called an assessment district. Once confirmed, the legislative body can officially order the improvement, and the assessment becomes final and applies to all land within the district.

The law also outlines how the legislative body can set an annual assessment to cover administrative costs, ensuring it doesn't exceed the maximum allowed or the reasonable estimate of those costs. The annual assessment amount can be changed by resolution but must always stay within the set maximum limits. Finally, these assessments can be collected together with other assessments for convenience.

(a)CA Streets and Highways Code § 10312(a) When, upon the hearing, the proposed assessment provided for in subdivisions (d) and (e) of Section 10204, and the maximum annual assessment provided for in subdivision (f) of that section, are confirmed as filed, as modified, or corrected, by resolution, the legislative body shall order the proposed improvement to be made or acquired, and declare its action upon the report and assessment. The resolution shall be final as to all persons, and the assessment thereby levied upon the respective subdivisions of land in the assessment district.
(b)CA Streets and Highways Code § 10312(b) If an annual assessment to pay for administrative cost is provided for pursuant to subdivision (a), the legislative body shall determine, by resolution, the amount of the annual assessment for this purpose, which shall not exceed the maximum assessment provided for in subdivision (a) and shall not exceed a reasonable estimate of costs actually incurred or likely to be incurred. This determination may be included in the resolution adopted pursuant to subdivision (a). The legislative body may subsequently determine by resolution that the annual assessment shall be a different amount, but in no event shall the annual assessment exceed the maximum annual assessment provided for in subdivision (a). Resolutions adopted pursuant to this subdivision shall be final as to all persons, and the annual assessment in the amount determined shall thereby be levied annually until changed by resolution adopted pursuant to this section. These assessments may be collected in the same manner and in the same installments as the assessments levied pursuant to subdivision (a), and may be combined with those assessments for collection in any manner which is convenient and economical.