This division may be cited as the Improvement Act of 1911.
Part 1GENERAL PROVISIONS
Section § 5000
This section states that this part of the law is named the Improvement Act of 1911.
Improvement Act of 1911 naming law citation division title section introduction legal name SHC 5000 official designation law reference historical act statutory title California infrastructure public improvements citation act
Section § 5001
This section says that unless a specific rule says otherwise, the definitions and general rules in this part are used to understand and interpret the rules in this division.
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.
definitions general provisions rule interpretation governing construction specific rule exception context requirements interpretation guidelines rules understanding division rules construction guidelines
Section § 5002
This section states that it offers a different way to carry out tasks outlined in this division, and it doesn't impact or change any other parts of the code. If you start a process under this division, only the rules from this division will be relevant.
This division provides an alternative system for doing the work authorized by this division and the provisions of this division shall not apply to or affect any other provisions of this code.
When any proceedings are commenced under this division, the provisions of this division and no other shall apply to such proceedings.
alternative system work authorization specific division proceedings commencement applicable provisions division-specific rules procedural isolation system implementation legal process code provisions section applicability exclusive application legal proceedings alternative approach division constraints
Section § 5003
The law is designed to be interpreted broadly to achieve its goals. If there are minor mistakes, irregularities, or omissions by officials that don't impact the government’s authority to order a project, these won't invalidate the process or the related costs. If anyone is negatively affected or upset by these issues, their only option is to appeal to the legislative body as directed by this law.
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 order the work or improvement, shall avoid or invalidate such proceeding or any assessment for the cost of work done thereunder. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the legislative body in accordance with the provisions of this division.
liberal construction procedural errors jurisdiction legislative body appeal process public improvements officer neglect process validity exclusive remedy procedural informality assessment costs government authority public works procedural irregularities affected individuals
Section § 5004
This law states that if a legislative body's hearing is postponed or not held as originally scheduled, it doesn't lose its authority to conduct the hearing. Instead, the legislative body can reschedule the hearing by setting a new date and location. They must then publish a notice about the hearing at least five days before it takes place in a newspaper, whether daily, semiweekly, or weekly. After doing so, they can proceed with the hearing as if it were the initial meeting.
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 not thereby be divested or lost, but the legislative body may proceed anew to fix a time and place for the hearing, and cause notice thereof to be given by publication by at least one insertion in a daily, semiweekly or weekly newspaper, such publication to be at least five days before the date of the hearing, and thereupon the legislative body shall have power to act as in the first instance.
legislative body hearing reschedule postponed hearing new hearing date noticing requirements newspaper publication hearing notice authority of legislative body adjournment time and place for hearing hearing procedures publication requirements
Section § 5005
This law defines 'city' as not just a city itself, but also includes counties, municipal corporations, and resort districts, which are special areas organized for specific purposes such as boosting navigation or commerce. This wide definition ensures that various types of local governmental and special districts are legally considered as 'cities' for certain purposes.
“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 Resources Code), and any special district organized for the purpose of aiding in the development or improvement of navigation or commerce to, or within, the district.
municipal corporations resort districts special districts navigation development commerce improvement local government entities municipal purposes county inclusion Resort Improvement District Law municipal boundaries inclusive definition city legal definition organizational structures district organization public resources
Section § 5006
This section defines what "legislative body" means. For a county, it's the board of supervisors, and for a city, it's the group that makes up the city's legislative branch.
“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.
legislative body definition board of supervisors city legislative department county government city government California legislative terms local government structure government terminology municipal governance county legislative authority
Section § 5007
This section specifies that the term "Clerk" refers to the person or officer serving as the clerk for the legislative body in a county or city. In a county, it means the county legislative body's clerk, and in a city, it refers to the city legislative body's clerk.
“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.
county clerk city clerk legislative body clerk local government municipal clerk government positions city legislative body county legislative body official titles administrative officer local government roles clerical duties public officer definition role of clerk government terminology
Section § 5008
This section clarifies that the term "Treasurer" refers to the county treasurer when talking about a county, and the city treasurer when discussing a city. It also covers any person or officer responsible for managing and disbursing the funds of the county or city.
“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.
county treasurer city treasurer fund management disbursing funds financial officer person in charge of payments city funds county funds payment officer managing public funds municipal funds financial responsibilities local government finance public finance treasury management
Section § 5009
In this law, when the term 'Mayor' is used in relation to a county, it refers to the chairman of the board of supervisors. In relation to a city, it means the mayor. If the city doesn't have a mayor, it refers to the chairman or president of the legislative body, the city manager, or another person who acts as the chief executive officer of the city.
“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 the chief executive officer of the city.
mayor definition county chairman board of supervisors city chief executive officer legislative body president city manager city legislative body chairman of the board executive officer of city municipal government titles
Section § 5010
This law defines the term 'council chambers' as the location where a county or city legislative body holds its regular meetings.
“Council chambers” refers to the place where the regular meetings of the legislative body of the county or city are held.
council chambers legislative body meetings county meetings city meetings meeting location regular meetings local government municipal meetings governmental assembly council meeting place
Section § 5011
In a county, the term "street superintendent" or "superintendent of streets" refers to the county surveyor. In a city, it refers to the person or officer responsible for taking care of the streets or their improvement.
“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 thereof in such city.
street superintendent superintendent of streets county surveyor city street care street improvement county terms city officer duties street management public works officer municipal street maintenance
Section § 5012
If a city has no one in the role of street superintendent, the city council can appoint someone to take on those responsibilities. This means the new appointee will follow the same rules and duties as a street superintendent would.
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 superintendent shall apply to the person so appointed.
street superintendent city council appointment municipal duties city legislative body street oversight urban management street maintenance duties municipal appointment local government responsibility city street responsibilities public service roles street management procedures municipal governance public works infrastructure oversight
Section § 5012.5
This law says that even if a city has a street superintendent, the city’s legislative body can choose someone else to carry out the street superintendent’s responsibilities. All the rules that apply to the street superintendent will also apply to the person chosen to take over these tasks.
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 applicable to the street superintendent shall apply to the person so appointed.
street superintendent city legislative body appointment duties of street superintendent delegation of duties alternative appointment municipal authority street management urban infrastructure city administration public works local government city ordinances municipal positions urban planning
Section § 5013
This law clarifies that if the term 'engineer' is used in relation to a county, it refers to the county surveyor. If 'engineer' is used in context with a city, it means the city engineer.
“Engineer” when applied to a county means the county surveyor, and when applied to a city means the city engineer.
county surveyor city engineer county engineer definition of engineer county responsibilities city responsibilities role of engineer municipal engineering local government positions county terminology city terminology civil engineering public works roles infrastructure planning surveying authority
Section § 5014
A 'street' includes various types of roads such as avenues, highways, and alleys if they meet certain criteria. These criteria include being officially accepted by law, being used by the public without dispute for at least five years, being dedicated for community services benefits, or being privately owned but open to the public within certain districts for street lighting purposes.
“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 been dedicated to a semipublic use by way of a dedication made for the exclusive use and benefit of all properties located within the boundaries of a community services district formed under the provisions of the Community Services District Law (commencing with Section 61000 of the Government Code), or which are privately owned, opened to public traffic, and located within the boundaries of an assessment district established to provide street lighting.
avenues highways lanes alleys community services district public use dedicated street semipublic use privately owned street public traffic assessment district street lighting dedication intersection common use
Section § 5018
This law defines the term “place” to include any public park, pleasure ground, or common area that has been officially dedicated and accepted by law.
“Place” includes any public park or pleasure ground and common which has been dedicated and accepted according to law.
public park pleasure ground common area dedicated park accepted by law legal definition of place public spaces dedication of land accepted land public enjoyment community parks land dedication legal acceptance public common areas
Section § 5019
The law defines "paved" and "repaved" as any kind of road surface including materials like stone, paving blocks, asphalt, and other materials. This applies to new or renewed surfaces approved by a local government's ordinance or resolution.
“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.
paving materials road resurfacing stone pavement paving blocks macadamizing bituminous rock asphalt pavement iron pavement wood pavement material approval local ordinance legislative resolution infrastructure materials patented materials pavement definitions
Section § 5020
This section defines a 'contractor' as anyone, whether an individual or a company like a firm, partnership, corporation, or business trust, who is awarded a contract to perform work authorized by this division. It also includes contracting owners or their agents.
“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.
contractor definition contracting owners work authorization business trust contract award firm partnership association corporation work performance agents contracting principles contract recipient business organization contractual agreement
Section § 5021
This section defines who is considered the 'owner' of a property. It could be the person listed as the owner on the deed, someone claiming ownership through possession, or a legal representative like an executor. If a property is leased, the tenant's possession counts as the owner's possession.
“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 claim of, or exercising acts of ownership over the same for himself, or as the executor, administrator, guardian, or conservator of the owner. If the property is leased, the possession of the tenant or lessee holding and occupying such property shall be deemed to be the possession of the owner.
property ownership recorded deed county recorder's office property possession lease tenant possession legal title executor administrator guardian conservator claim of ownership acts of ownership property leasing lessee
Section § 5022
This section clarifies that when terms like “lot,” “land,” “piece,” or “parcel of land” are mentioned, they also cover property used as a railroad right of way, whether it's a regular street railroad or an interurban one.
“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.
railroad right of way street railroad interurban railroad land definition parcel inclusion property use land terminology railroad property right of way clarification land ownership property control railroad land description lot definition legal land description property terminology
Section § 5022.5
This law allows the superintendent of streets to decide how to treat pieces of land for the purpose of calculating assessments and benefits. They can treat any connected land with the same owner as one piece or make separate assessments for different parts if the owner asks. This applies whether the land is divided or not and will be based on the most recent assessment roll.
“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 ownership as it appears on the last equalized assessment roll used by the assessing entity in which the property is situated, whether consisting of unsubdivided land or land subdivided into blocks or lots and blocks or the superintendent of streets may if requested by such owner make separate assessments against portions of such lots or parcels of land.
superintendent of streets spreading assessments contiguous real property same ownership equalized assessment roll unsubdivided land subdivided land blocks and lots separate assessments land assessments property owner request parcel of land last equalized roll
Section § 5023
In this law, "work" or "improvement" refers to any authorized tasks or projects under this division. This includes building, rebuilding, or fixing all or part of such tasks or projects.
“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 improvement.
authorized work construction reconstruction repair tasks projects building improvement works authorization project repair division tasks
Section § 5023.1
In this law, "Acquisition" refers to a range of activities related to obtaining various works, facilities, or resources. It includes acquiring existing and operating works, improvements, and facilities already installed by the time a resolution for acquisition is made. It also covers obtaining utilities like electricity or gas for power or lighting, and the acquisition of real estate or property rights needed for construction or operation. This can be done through gifts, purchases, or eminent domain, but excludes properties offered for public dedication on maps filed under the Subdivision Map Act. Additionally, it allows for paying off special assessment liens on parcels if they're part of a new assessment district, with those costs being included in the new assessment.
“Acquisition,” or any of its variants, means one or more of the following:
(a)CA Streets and Highways Code § 5023.1(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 of adoption of the resolution of intention for the acquisition thereof; any use or capacity rights in any of the above; and any works, improvements, appliances, or facilities acquired or installed pursuant to Sections 10109 to 10111, inclusive.
(b)CA Streets and Highways Code § 5023.1(b) Electric current, gas, or other illuminating agent for power or lighting service.
(c)CA Streets and Highways Code § 5023.1(c) Any real property, rights-of-way, easements, or interests in real property, acquired or to be acquired by gift, purchase, or eminent domain, necessary or convenient in connection with the construction or operation of any work or improvement authorized to be acquired or to be made or constructed under this division, except any real property, rights-of-way, easements, or interests in real property shown on any final map filed with or submitted to the legislative body for acceptance and approval under the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code) and offered for dedication to public use by the map or by any separate offer of dedication previously or subsequently made.
(d)CA Streets and Highways Code § 5023.1(d) The payment in full of all amounts necessary to eliminate any special assessment liens previously imposed upon any assessment parcel included in the new assessment district. The cost of the payment shall be included in the new assessment on the parcel. This subdivision is applicable only in cases where the acquisition is incidental to other acquisitions or improvements.
acquisition definition works and improvements utilities acquisition real property acquisition eminent domain right-of-way Subdivision Map Act special assessment liens assessment district resolution of intention capacity rights construction facilities lighting service real estate interests assessment parcel
Section § 5024
The term "incidental expense" covers a wide range of costs related to public work projects. This includes payment for engineer and attorney's fees, except in some legal situations, and costs for printing, advertising, and managing bonds. It also covers payments for individuals overseeing projects, expenses for making and collecting assessments, testing materials, securing rights-of-way, modifying utilities, and planning and designing public facilities. Costs for sewer and water improvements, as well as any bond issuance expenses, are also included. All expenses must be reported to the street superintendent with a detailed and verified bill.
“Incidental expense” includes all of the following:
(a)CA Streets and Highways Code § 5024(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 invalidates in whole or part the formation of the assessment district or the levy of assessments, any attorney’s fees and engineering charges incurred by the city in defending that litigation are not incidental expenses and shall not be charged against the assessment district in any manner except as to those claims upon which the city prevails and as allowed by a court of competent jurisdiction.
(b)CA Streets and Highways Code § 5024(b) The cost of printing and advertising provided for in this division, including the treasurer’s estimated cost of printing, servicing, and collecting any bonds to be issued to represent or be secured by unpaid assessments.
(c)CA Streets and Highways Code § 5024(c) The compensation of the person appointed by the superintendent of streets to take charge of, and superintend any of, the work.
(d)CA Streets and Highways Code § 5024(d) The expenses of making the assessment, of the collection of assessments by the superintendent of streets when directed by ordinance to receive payments pursuant to Section 5396, and of preparing and typing the resolutions, notices, and other papers and proceedings for any work authorized by this division.
(e)CA Streets and Highways Code § 5024(e) The expenses of making any analyses and tests to determine that the work, and any materials or appliances incorporated therein, comply with the specifications.
(f)CA Streets and Highways Code § 5024(f) All costs and expenses incurred in carrying out the investigations and making the reports required by the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)).
(g)CA Streets and Highways Code § 5024(g) The cost of title searching, description writing, right-of-way agent salaries, appraisal fees, partial reconveyance fees, surveys, and sketches incident to securing rights-of-way for any work authorized by this division.
(h)CA Streets and Highways Code § 5024(h) Any other expenses incidental to the construction, completion, and inspection of the work in the manner provided for in this division.
(i)CA Streets and Highways Code § 5024(i) The cost of relocating or altering any public utility facilities as required by the improvement in those cases where that cost is the legal obligation of the city.
(j)CA Streets and Highways Code § 5024(j) The cost of planning and designing public facilities to be financed pursuant to this division, including the cost of environmental evaluations of those facilities.
(k)CA Streets and Highways Code § 5024(k) The cost of filing and recording documents when the cost is the legal obligation of the city.
(l)CA Streets and Highways Code § 5024(l) The cost of any acquisition, as defined in Section 5023.1, and expenses incidental in connection with the acquisition.
(m)CA Streets and Highways Code § 5024(m) If the construction of sewers or appurtenances incident thereto has been ordered, sewer service, connection, and capacity charges established by the city as a condition to the providing of sewer service for the benefit of properties within the assessment district and required for the completion and utilization of the improvement constructed.
(n)CA Streets and Highways Code § 5024(n) If the construction of water improvements or appurtenances incident thereto has been ordered, water service, connection, and capacity charges established by the city as a condition to the providing of water service for the benefit of properties within the assessment district and required for the completion and utilization of the improvement constructed.
(o)CA Streets and Highways Code § 5024(o) All costs not identified in subdivisions (a) to (n), inclusive, related to the issuance of bonds, including, but not limited to, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit and other credit enhancement costs, and initial fees for the registration of bonds.
All demands for incidental expenses shall be presented to the street superintendent, by an itemized bill, duly verified by the demandant.
incidental expense engineer fees attorney fees assessment district legal obligation printing costs advertising costs bond-related costs rights-of-way utilities relocation public facilities planning environmental evaluations sewer service charges water service charges bond issuance expenses
Section § 5025
After a plan to do construction or improvement work is initially announced, any further documents don’t need to describe the work in detail. They’re considered complete if they simply refer back to the original plan for full details.
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 sufficient, if it refers to the resolution of intention for a description of the work or improvement.
resolution of intention construction plans improvement description work description legal notices order details determination documents improvement notice reference to original resolution simplified documentation
Section § 5026
This law allows a county, city, or a combined city and county, to officially name or rename streets, boulevards, parks, or places through a formal resolution. If a new name is chosen, the city clerk must immediately send a copy of this resolution to the county's board of supervisors and county surveyor.
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 may by resolution change the name of any street, boulevard, park or place heretofore established; provided further, that a copy of the resolution or order providing for the new name or change of name made by any city shall be promptly forwarded by the city clerk to the clerk of the board of supervisors and county surveyor of the county in which the municipality is situated.
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