Section § 3100

Explanation

Section 3100 provides definitions for key terms used in the context of special assessments and bond proceedings in California. It explains what assessments and assessment districts are, and defines a lienholder as someone entitled to enforce a lien on land within such a district. The section also clarifies terms related to bond acts, cities, community facility districts, legislative bodies, and the mapping of these districts. It covers the procedures for public improvements funded by special assessments, and explains what constitutes a sale or foreclosure related to special assessments or taxes on a property within a district.

Unless the particular provision or the context otherwise requires, the definitions and general provisions contained in this part govern the construction of this division:
(a)CA Streets and Highways Code § 3100(a) “Assessment” or “special assessment” means the original assessment and any reassessment or supplemental assessment upon lands within the assessment district.
(b)CA Streets and Highways Code § 3100(b) “Assessment district” means the territory containing the lands to be specially assessed.
(c)CA Streets and Highways Code § 3100(c) “Lienholder” means any person or city who as a result of proceedings taken under the principal act and any bond act used in conjunction therewith, owns or is entitled to enforce a lien against a specifically described lot, parcel, or piece of land within the district.
(d)CA Streets and Highways Code § 3100(d) “Bond act” means any statute, charter, or procedural ordinance under which bonds are issued (1) to represent unpaid special assessments imposed in proceedings taken pursuant to the principal act or (2) which are secured by authority to levy special taxes conferred in proceedings taken pursuant to the principal act.
(e)CA Streets and Highways Code § 3100(e) “City” means any city, county, city and county, district, public corporation, or public entity authorized to use the principal act.
(f)CA Streets and Highways Code § 3100(f) “Community facilities district” means the territory within a district formed purusant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code.
(g)CA Streets and Highways Code § 3100(g) “District” means an assessment district or community facilities district.
(h)CA Streets and Highways Code § 3100(h) “Legislative body” means the legislative body or governing board of a city.
(i)CA Streets and Highways Code § 3100(i) “Map of the district” means a plat or map indicating by a boundary line the extent of the territory included in the district.
(j)CA Streets and Highways Code § 3100(j) “Principal act” means the statute, charter, or procedural ordinance under which the proceedings are being conducted.
(k)CA Streets and Highways Code § 3100(k) “Proceedings” means proceedings taken pursuant to the principal act for the construction of any public improvement or the acquisition of any property for public use, or both, or for the furnishing of services pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code, where (1) any part of the cost thereof is to be paid by special assessments levied upon lots, parcels, or pieces of land within a district in proportion to the benefits to be received by each lot, parcel, or piece of land from that improvement or acquisition, or (2) any part of the cost thereof is to be paid by special taxes levied or authorized to be levied upon lots, parcels, or pieces of land within a community facilities district.
(l)CA Streets and Highways Code § 3100(l) “Sale or foreclosure” means any action or proceeding by any city officer or in any court for the enforcement of payment of special taxes, principal, or interest due upon any special assessment or bond constituting a lien against real property by the sale or foreclosure of all or any part of the real property or the lien.

Section § 3101

Explanation

This law states that all the corrective rules and measures from the main legislation, as well as any related bond laws, will automatically apply here. This includes how to interpret the rules, time limits for taking legal action, and what happens if there are errors or mistakes. It also covers issues like reassessments and situations where someone gives up their right to challenge something or can't challenge because of past acceptance (waiver and estoppel).

All curative provisions of the principal act and any bond act used in conjunction therewith, including rules of construction, limitations of actions, and provisions relating to reassessments, waiver and estoppel, the conclusive effect of any act or instrument, and the effect of errors, informalities and defects, shall apply to this division.