The provisions of Chapter 1 (commencing with Section 6000) of Division 7 of Title 1 of the Government Code shall not have any application to any publication provided for in this division.
NoticeNotice by Publication
Section § 5060
This section states that the rules found in Chapter 1 of Division 7, Title 1 of the Government Code do not apply to any publications mentioned in this division of the Streets and Highways Code.
publication exclusion Government Code application Chapter 1 Division 7
Section § 5061
This section outlines how certain official notices, resolutions, or orders must be published when the method of publication is not specified. If the city has a daily, semiweekly, or weekly newspaper, it should be used for publication. If not, and the city is not a county, the publication should occur in a county newspaper. If neither option is available, the notice must be posted in three public places in the city for the required duration.
Whenever in this division a notice, resolution, order or other matter is required to be published and the manner of such publication is not specified, it shall be published in a daily, semiweekly or weekly newspaper published and circulated in the city conducting the proceedings and which is selected by the legislative body for that purpose, or by the clerk or other officer issuing the notice or responsible for the publication where the legislative body has not selected any newspaper for that purpose.
If there is no daily, semiweekly or weekly newspaper published and circulated in the city, and if the city conducting the proceedings is not a county, the notice, resolution, order or other matter required to be published shall be published in some newspaper published in the county in which such city is located.
If the city conducting the proceedings is not a county and there is no newspaper published in the city or in the county in which such city is located, the notice, resolution, order or other matter required to be published shall be posted and kept posted for the same length of time required for the publication of the same in a newspaper, in three public places in the city.
official notice publication city newspaper county newspaper
Section § 5062
If a notice, resolution, order, or any matter needs to be published according to this division, and the publication duration is not mentioned, it has to appear in two full issues of a newspaper. These should be on separate days, either within the same week or on a day in the following week.
Whenever in this division a notice, resolution, order or other matter is required to be published, and the time for such publication is not specified, it shall be published in two entire issues of the newspaper, one being on one day and the other issue being on a subsequent day of the same or a subsequent week.
publication requirement newspaper issues legal notice
Section § 5063
This law explains how to provide proof that a notice, resolution, or order was made public, either through publication in a newspaper or by posting. The proof can be given through an affidavit, which is a written statement confirmed by oath. This affidavit can be made by specific individuals: the newspaper's owner, publisher, printer, foreman, or clerk; the person who posted the notice; or anyone with direct knowledge of the posting details.
Proof of the publication or posting of any notice, resolution, order or other matter in accordance with any of the provisions of this division may be made by affidavit of:
(a)CA Streets And Highways Code § 5063(a) The owner, publisher, printer, foreman or clerk of the newspaper in which the publication was made.
(b)CA Streets And Highways Code § 5063(b) The poster of the notice.
(c)CA Streets And Highways Code § 5063(c) A person having knowledge of the facts.
affidavit proof publication verification notice publication
