Part 7SUMMARY PROCEEDINGS

Section § 2950

Explanation

This law allows a legislative body to send out notices if they determine that the planned assessments for a project won't exceed legal limits. Notices are sent as postcards, which must include a reply card with postage guaranteed.

The postcards are mailed to landowners and others with a vested interest in the property within the proposed assessment area, using the latest county assessment roll to find addresses. People who aren't listed on the roll but have filed their information with the clerk will also receive these notices.

If the legislative body finds, after taking the steps provided by Sections 2821, 2822 and 2823, that the probable assessments will not exceed the limitations set up by this division, it may cause the clerk to mail prepaid postcards giving notice of its findings and proposed action. Each such notice shall have attached thereto an addressed reply postcard with the return postage thereon guaranteed.
The cards shall be mailed to each person to whom land in the proposed assessment district is assessed on the last equalized county assessment roll available on the date the report is commenced, at his address as shown upon such roll and to any person whether owner in fee or having a lien upon or legal or equitable interest in any land within the proposed district who has filed with the clerk his name and address and the designation of the land in which he is interested.
legislative body assessment notice prepaid postcard reply postcard county assessment roll landowner notification assessment district legal interest in land equalized assessment roll proposed district property lien equitable interest clerk mailing responsibility assessment limitations report commencement date
(Amended by Stats. 1945, Ch. 1008.)

Section § 2951

Explanation

This section describes a process where property owners are notified about a proposed assessment for local improvements, such as road or infrastructure projects. A notice is sent indicating that the local government plans to assess their land to cover part of the costs. A questionnaire is included to see if at least 15% of area property owners want a detailed investigation into the project, as per a 1931 law. This investigation would reveal costs, existing assessments, and proposed future assessments. Property owners vote by using a return card, specifying if they want the investigation.

If they want improvements without an investigation, they strike out 'does' on the card. If they want the investigation, regardless of their stance on the improvement, they strike out 'does not.'

The notice of proposed assessment shall be substantially in the following form (filling in the blanks):
 NOTICE OF PROPOSED ASSESSMENT
Notice is hereby given that the (name of the legislative body) proposes to adopt a resolution of intention under the (here mention statute under which it proposes to proceed) covering (here state in general terms what acquisitions and/or improvements are to be made). Your land will be assessed to pay a part of the cost thereof. This questionnaire is sent to the property owners interested to ascertain whether or not the owners of as much as 15 per cent of the area of the proposed district demand proceeding under the “Special Assessment Investigation, Limitation and Majority Protest Act of 1931.” Under said investigation act information will be obtained and a report thereon made, open to public inspection, and stating among other things (1) the estimated cost of the proposed project; (2) the estimated amount of existing assessments upon each parcel of land in the district; (3) the estimated assessment upon your lands for the proposed project. In the event that you desire the proceeding under said investigation act, so indicate on the attached card and return the same to the clerk within 30 days from (here set forth the date, not earlier than one day subsequent to the mailing of the cards). Sign your name legibly and describe or designate the property owned by you.
_____ Clerk of (here designate legislative body) _____
The return post card as sent out shall be addressed to the clerk sending out the notice and shall have thereon a guarantee of the payment of the postage for the return thereof and on the reverse side shall contain the following:
_____ (does) _____
The undersigned (does not) demand the making of the investigation provided for by the “Special Assessment, Investigation, Limitation and Majority Protest Act of 1931” in connection with the (here set forth the same description of the project as is contained upon the notice post card).
(Signature)
(Description or
designation of
property)
Instruction: If you are in favor of the improvement without the investigation report strike out the word “does.” If you desire the investigation report, whether or not you desire the improvement, strike out the words “does not.”
proposed assessment notice property owner questionnaire Special Assessment Investigation investigation report majority protest improvement project costs return postcard process local government resolution project cost estimation property assessment details assessment protest process public inspection report landowner demand investigation procedures cost-sharing for improvements
(Amended by Stats. 1941, Ch. 1070.)

Section § 2952

Explanation

This law states that if a piece of land in an assessment district is listed as 'owner unknown' on the county's assessment records, no notification is required to be sent out for that parcel. However, if someone files their name and address with the clerk claiming an interest in the property, then a notice must be mailed to that person at the provided address.

If any parcel of land in the assessment district is assessed as owner unknown on the county assessment roll, no notice need be sent for such parcel unless the name and address of the person claiming an interest in that property is filed with the clerk, in which case notice shall be mailed to such person and address.
assessment district owner unknown county assessment roll land notification parcel notice interest claim property clerk notification requirement mailed notice property interest property assessment land ownership ownership notification assessment records assessment notice
(Added by Stats. 1941, Ch. 79.)

Section § 2953

Explanation

This section means that if there isn't any fraud involved, making mistakes when sending notices, or someone not receiving a notice, won't make the legal process invalid. The clerk must document that they sent the notices, including listing the names and addresses of everyone who was supposed to get them.

In the absence of fraud no error in the mailing of the notices, and no failure of any person to receive the notices shall in any way affect the validity of the proceedings, but the clerk shall file an affidavit of mailing such notices and shall include therein a list of the names and addresses of the person to whom such notices were sent.
notice errors mailing validity affidavit of mailing proceedings unaffected clerical documentation absence of fraud mailing mistakes failed notice receipt list of recipients notice mailing procedure
(Added by Stats. 1941, Ch. 79.)

Section § 2954

Explanation

This law states that after a 30-day period from the Notice of Proposed Assessment, return postcards should be filed in the clerk's office. The legislative body will then calculate the demands for investigation. They will determine if owners of at least 15% of the proposed assessment district want an investigation. This decision is final unless there is actual fraud.

The return postcards shall be filed in the clerk’s office and after the expiration of the 30-day period specified in the Notice of Proposed Assessment all demands for the investigation made to the legislative body shall be computed and it shall by order entered on its minutes determine whether or not the owners of 15 per cent of the area of the proposed assessment district have demanded such investigation. Such determination shall be final and conclusive in the absence of actual fraud.
return postcards clerk's office 30-day period Notice of Proposed Assessment demands for investigation legislative body assessment district 15 percent area investigation demand final determination actual fraud
(Added by Stats. 1941, Ch. 79.)

Section § 2955

Explanation

If owners of at least 15% of the area in a planned assessment district don't request an investigation, the legislative body can continue with their plans without restrictions from this division, except the majority protest rules must still be followed.

If the owners (as defined in the law under which it is proposed to proceed) of 15 per cent of the area of the proposed assessment district do not so demand the making of the investigation provided by this division, the legislative body shall be at full liberty to proceed under the statute under which it has declared its intention to carry through the contemplated proceedings without any further restrictions whatsoever by reason of the terms or provisions of this division except that the majority protest provisions of this division shall apply.
assessment district proposed assessment 15 percent threshold owner demand legislative body investigation demand proceedings restrictions majority protest contemplated proceedings assessment area investigation waiver property owner rights planning process government discretion
(Added by Stats. 1941, Ch. 79.)

Section § 2956

Explanation

This law states that if the owners of at least 15% of the area of a proposed district request an investigation, then all the rules and processes of the applicable division must be followed if the legislative body decides to proceed further with the matter.

If the owners of 15 per cent or more of the area of the proposed district so demand the making of such investigation, all provisions of this division shall apply to the proposed proceeding, if any further steps are taken therein by the legislative body.
proposed district investigation demand 15 percent area owners legislative body further steps procedural rules district proceedings owner requirements district investigation owner demand area percentage public inquiry laws and processes legislative procedure district creation
(Added by Stats. 1941, Ch. 79.)