Government Code — Part 53 | GOV — United States — California law | Esheria

Government Code

Part 53 of 107 · provisions 10,401–10,600

This act is named the Government Code.

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This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

Showing 200 of 21,333

  1. 38733.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. )

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    The commissioners from the several cities must meet and consider whether to jointly acquire and develop a water supply, and the plans and terms they think are feasible and equitable.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. ) ## 38733. The commissioners from the several cities shall meet and consider the desirability of the joint acquisition and development of a water supply and the plans and terms they deem feasible and equitable. If they agree upon the plans and terms, they shall report them to their legislative bodies. (Added by Stats. 1949, Ch. 79.)
  2. 38734.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. )

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    If the legislative bodies approve the commissioners’ plans and terms, they must declare that approval by resolution and submit the matter to the city’s qualified voters.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. ) ## 38734. If the legislative bodies approve the plans and terms reported by the commissioners, they shall declare their approval by resolution and submit them to the qualified voters of their respective cities for approval or rejection at the next city election or at a special election called for that purpose. (Added by Stats. 1949, Ch. 79.)
  3. 38735.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. )

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    Cities may begin developing or acquiring the water supply if the voters approve the terms and plans by majority vote at the election.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. ) ## 38735. If the terms and plans are approved by a majority of the voters voting on the proposition at the election, the cities may begin developing or acquiring the water supply in accordance with the plans and terms. (Added by Stats. 1949, Ch. 79.)
  4. 38736.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. )

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    A city may issue bonds to help acquire a water supply jointly with other cities.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. ) ## 38736. Any city may issue bonds to complete the acquisition of a water supply jointly with other cities. All proceedings relating to the issue of such bonds shall be taken pursuant to law for the issue of bonds to acquire a water supply. (Added by Stats. 1949, Ch. 79.)
  5. 38737.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. )

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    Each city must exclusively own, construct, and operate the water sources and works used only for that city.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. ) ## 38737. Joint ownership and costs shall be restricted to those portions of the sources and works which are common to all the cities served. Each city shall exclusively own, construct, and operate those sources and works which are for its exclusive use. (Added by Stats. 1949, Ch. 79.)
  6. 38738.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. )

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    Costs for joint properties must be apportioned based on the amount of water proposed for each city, unless the parties agree to a different allocation.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. ) ## 38738. The apportionment of all costs of acquisition, construction, operation, and maintenance of the joint properties shall be made upon the basis of the amount of water proposed to be apportioned to the several cities, unless a different apportionment of costs is agreed upon. (Added by Stats. 1949, Ch. 79.)
  7. 38739.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. )

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    If works exclusively serve one city, that city must pay all of the costs.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. ) ## 38739. The total costs of works which exclusively serve one city shall be borne by that city exclusively. (Added by Stats. 1949, Ch. 79.)
  8. 38740.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. )

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    Cities may modify the plans, terms, or other agreement for acquiring a water supply if the cities agree and their legislative bodies declare it.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. ) ## 38740. The plans and terms or other agreement for acquiring the water supply may be modified by agreement between the cities, as declared by the legislative bodies. (Added by Stats. 1949, Ch. 79.)
  9. 38741.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. )

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    A city’s resolution or ordinance about jointly acquiring a water supply is not binding until the mayor approves it or it is passed over the mayor’s veto under the applicable charter or general law.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. ) ## 38741. Before a resolution or ordinance relating to the joint acquisition of a water supply is binding upon a city, it shall be approved by the mayor or passed over the mayor’s veto pursuant to the charter provision or general law for the passage of ordinances. (Amended by Stats. 2018, Ch. 467, Sec. 28. (SB 1498) Effective January 1, 2019.)
  10. 38742.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. )

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    A city legislative body may contract for city water, build and manage water infrastructure, use certain water revenues to pay bond principal and interest, and work with the United States or federal agencies on the city water system.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. ) ## 38742. The legislative body of any city may: (a) Contract for supplying the city with water for municipal purposes. (b) Acquire, construct, repair, and manage pumps, aqueducts, reservoirs, or other works necessary or proper for supplying water for the use of the city or its inhabitants or for irrigating purposes in the city. (c) Use any portion of the revenues from any water works or water supply or distribution facilities, including but not limited to water works or water supply or distribution facilities acquired or constructed with funds from bonds issued under an act entitled “An act to provide for the formation of districts within municipalities for the acquisition or construction of public improvements, works and public utilities; for the issuance, sale and payment of bonds of such districts to meet the cost of such improvements; and for the acquisition or construction of such improvements,” approved April 20, 1915, the Municipal Improvement District Act of 1927, an act entitled “An act to provide for the formation of districts within municipalities for the acquisition, construction or extension of water works, water systems or water distribution systems; for the issuance, sale and payment of bonds of such districts to meet the cost of such water works, water systems or water distribution systems; and for the acquisition, construction or extension of such water works, water systems or water distribution systems” approved April 26, 1935, or from general obligation bonds of the city, for the payment of principal and interest of any of such bonds or any other bonds authorized by vote of electors and issued to acquire or construct any water works or water supply or distribution facilities within the city. (d) Enter into agreements with, and accept financial or other assistance from, the United States or a federal department or agency, for the acquisition, construction, maintenance, and operation of the city water system and the sale and distribution of water from the system. (Amended by Stats. 1951, Ch. 1371.)
  11. 38743.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. )

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    A city may set an annual water standby or immediate availability charge, but it must follow notice, protest, and hearing procedures and stay within stated charge limits unless a specified act applies.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. ) ## 38743. A city may, pursuant to the notice, protest, and hearing procedures in Section 53753, fix, on or before the first day of July in each calendar year, an annual water service standby or immediate availability charge to be applied on an area or frontage or parcel basis, or a combination thereof, within the city to be charged to such areas to which water service is made available for any purpose by the city, whether the water service is actually used or not. If the procedures set forth in this section as it read at the time a standby charge was established were followed, the city council may, by resolution, continue the charge pursuant to this section in successive years at the same rate. If new, increased, or extended assessments are proposed, the city council shall comply with the notice, protest, and hearing procedures in Section 53753. The city council of a city which fixes such a charge may establish schedules varying such charge according to the land uses and the degree of availability or quantity of use of such water service to the affected lands, and may restrict such charge to lands lying within one or more zones or areas of benefits established within such city. The council may not, however, fix a monthly charge in excess of ten dollars ($10) per acre, either on an area or frontage basis, or in excess of five dollars ($5) for a parcel or frontage of less than an acre unless the standby charge is imposed pursuant to the Uniform Standby Charge Procedures Act (Chapter 12.4 (commencing with Section 54984) of Part 1 of Division 2 of Title 5). A city may collect the standby or availability charge by billing the charged lands on a monthly or fiscal year basis. A city may collect the standby or availability charge as a part of the annual general county tax bill provided the city furnishes, on or before August 10, in writing to the board of supervisors and to the county auditor the description of each parcel for which a charge is to be billed together with the amount of the charge applicable to each parcel. The parcel description may be the parcel number assigned by the county assessor to the parcel. If the city collects standby charges through the county general tax bill, the amount of the standby charge and any applicable penalty shall be stated on the tax bill separately from all other taxes, if practicable. (Amended by Stats. 2007, Ch. 27, Sec. 2. Effective January 1, 2008.)
  12. 38744.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. )

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    Unpaid water standby charges can trigger a 6% penalty, a lien on the land, and collection with county general taxes, with an exception for certain transfers before delinquency.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. ) ## 38744. If any water standby charge authorized to be collected pursuant to Section 38743 remains unpaid on the first day of the month before the month in which the board of supervisors of the county in which the city is located is required by law to levy county general taxes, a 6-percent penalty shall accrue upon the amount unpaid. The amount of the unpaid standby charge, plus the penalty, shall constitute a lien upon the land for which the standby charge is unpaid and shall be collected in the same manner and at the same time as that applicable for the collection of unpaid or delinquent county general taxes. The amount of tax attributable to unpaid water standby charges, and the penalty thereon, shall be stated on the county tax bill separately from all other taxes. All laws applicable to the levy, collection and enforcement of municipal ad valorem taxes shall be applicable to the charges appearing on the tax bill, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the unpaid water standby charges, and any penalty thereon, relating to such property shall be transferred to the unsecured roll for collection. On or before August 10, the city council shall furnish in writing to the board of supervisors and to the county auditor, respectively, a description of each and every parcel of land within the city upon which a standby charge remains unpaid, together with the amount of the unpaid charge, plus the penalty on each parcel of land. (Amended by Stats. 1981, Ch. 713, Sec. 5.)
  13. 38745.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. )

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    The city council may create a water-service benefit zone by resolution, but it must follow notice, hearing, and protest procedures.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Water [38730 - 38745] ( Article 5 added by Stats. 1949, Ch. 79. ) ## 38745. Notwithstanding any other provision of law, the city council of a city may, by resolution, establish zones or areas of benefit within the city for purposes of restricting the imposition of the water service standby or immediate availability charges authorized in Section 38743 to lands within such zones according to the benefit such land derives from the immediate availability of water, whether such water is actually used or not. Proceedings for establishment of such zones or areas of benefit by resolution of the city council shall be initiated, conducted and completed as follows: (a) Such resolution shall: (1) State that a zone or area of benefit within the city is proposed to be established for the purposes enumerated in this section, and describe the boundaries of the territory proposed for inclusion in the area. (2) State the name proposed for the area in substantially the following form: “Water Service Zone (or Area of Benefit) No. ____.” (3) State the type or types of services already provided or proposed to be provided within the area pursuant to this section. (4) Fix a time and place for a public hearing on the establishment of the area which shall be not less than 30 nor more than 60 days after the adoption of the resolution. (b) The city council shall publish notice of the hearing in a newspaper of general circulation published in the city or if there is no newspaper published in the city then it shall be published in a newspaper of general circulation which is circulated in the area. Publication shall be complete at least seven days prior to the date of the hearing. The notice shall: (1) Contain the text of the resolution. (2) State the time and place for the hearing. (3) State that at the hearing the testimony of all interested persons or taxpayers for or against the establishment of the area, the extent of the area or the furnishing of specified types of extended services will be heard. (c) At the hearing protests against the establishment of the area, the extent of the area or the furnishing of specified types of services within the area may be made orally or in writing by any interested persons or taxpayers. Any protests pertaining to the regularity or sufficiency of the proceedings must be in writing and must clearly set forth the irregularities and defects to which objection is made. All written protests must be filed in the office of the city council on or before the time fixed for the hearing. The city council may waive any irregularities in the form or content of any written protest and at the hearing may correct minor defects in the proceedings. Written protests may be withdrawn in writing at any time before the conclusion of the hearing. (Added by Stats. 1972, Ch. 102.)
  14. 38750.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5.5. Transfer of City Waterworks Systems [38750 - 38759] ( Article 5.5 added by Stats. 1951, Ch. 329. )

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    A qualifying city may sell, lease, or transfer control or management of its waterworks system to a municipal water district if the district supplies city residents and the city lies entirely within the district.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5.5. Transfer of City Waterworks Systems [38750 - 38759] ( Article 5.5 added by Stats. 1951, Ch. 329. ) ## 38750. Any city which owns and operates a waterworks system, or any part of such a system, may sell, lease, or otherwise transfer the control or management of the system, or the portion thereof, to any municipal water district which is engaged in supplying the inhabitants of the city with water for domestic and general purposes, if the city lies wholly within the boundaries of the district. (Added by Stats. 1951, Ch. 329.)
  15. 38751.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5.5. Transfer of City Waterworks Systems [38750 - 38759] ( Article 5.5 added by Stats. 1951, Ch. 329. )

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    If the city legislative body finds a waterworks transfer is in the city’s best interests, it must approve it by ordinance after a four-fifths vote.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5.5. Transfer of City Waterworks Systems [38750 - 38759] ( Article 5.5 added by Stats. 1951, Ch. 329. ) ## 38751. If the legislative body of the city determines that it is for the best interests of the city to sell, lease, or otherwise transfer the control or management of its waterworks system, or portion thereof, to such a municipal water district, by a four-fifths vote of all its members, it shall pass an ordinance, authorizing the sale, lease, or other transfer. (Added by Stats. 1951, Ch. 329.)
  16. 38752.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5.5. Transfer of City Waterworks Systems [38750 - 38759] ( Article 5.5 added by Stats. 1951, Ch. 329. )

    Verify source ↗

    An ordinance for transferring a city waterworks system must state the price, the yearly or monthly rental, or briefly state the terms if the transfer is made on terms.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5.5. Transfer of City Waterworks Systems [38750 - 38759] ( Article 5.5 added by Stats. 1951, Ch. 329. ) ## 38752. The ordinance shall specify the price, the yearly or monthly rental, or if the transfer and control of the waterworks system is to be made upon terms, the ordinance shall briefly state the terms. (Added by Stats. 1951, Ch. 329.)
  17. 38753.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5.5. Transfer of City Waterworks Systems [38750 - 38759] ( Article 5.5 added by Stats. 1951, Ch. 329. )

    Verify source ↗

    The ordinance must state any conditions and stipulations needed to clearly understand the transaction, and it may point to the proposed contract form for more detail.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5.5. Transfer of City Waterworks Systems [38750 - 38759] ( Article 5.5 added by Stats. 1951, Ch. 329. ) ## 38753. The ordinance shall also state such conditions and stipulations as the legislative body determines necessary to a proper understanding of the transaction, and may refer to the proposed form of contract for further particulars. (Added by Stats. 1951, Ch. 329.)
  18. 38754.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5.5. Transfer of City Waterworks Systems [38750 - 38759] ( Article 5.5 added by Stats. 1951, Ch. 329. )

    Verify source ↗

    The ordinance must be published weekly for at least four weeks in a city newspaper, or if there is no such newspaper, posted in three public places in the city for three weeks.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5.5. Transfer of City Waterworks Systems [38750 - 38759] ( Article 5.5 added by Stats. 1951, Ch. 329. ) ## 38754. The ordinance shall be published weekly for at least four weeks in a newspaper published in the city, or if there is no such newspaper it shall be posted in three public places in the city for three weeks. (Added by Stats. 1951, Ch. 329.)
  19. 38755.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5.5. Transfer of City Waterworks Systems [38750 - 38759] ( Article 5.5 added by Stats. 1951, Ch. 329. )

    Verify source ↗

    The ordinance is subject to referendum in the same way as other ordinances.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5.5. Transfer of City Waterworks Systems [38750 - 38759] ( Article 5.5 added by Stats. 1951, Ch. 329. ) ## 38755. The ordinance is subject to referendum in the same manner as other ordinances. (Added by Stats. 1951, Ch. 329.)
  20. 38756.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5.5. Transfer of City Waterworks Systems [38750 - 38759] ( Article 5.5 added by Stats. 1951, Ch. 329. )

    Verify source ↗

    A city waterworks sale, lease, or transfer must be for valuable consideration agreed to by the city legislative body and the municipal water district board of directors.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5.5. Transfer of City Waterworks Systems [38750 - 38759] ( Article 5.5 added by Stats. 1951, Ch. 329. ) ## 38756. The sale, lease, or transfer on terms shall be for a valuable consideration, which shall be agreed upon between the legislative body of the city and the board of directors of the municipal water district. (Added by Stats. 1951, Ch. 329.)
  21. 38757.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5.5. Transfer of City Waterworks Systems [38750 - 38759] ( Article 5.5 added by Stats. 1951, Ch. 329. )

    Verify source ↗

    The mayor must execute the city’s contract or deed on the city’s behalf.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5.5. Transfer of City Waterworks Systems [38750 - 38759] ( Article 5.5 added by Stats. 1951, Ch. 329. ) ## 38757. The contract or deed shall be executed on behalf of the city by its mayor. (Added by Stats. 1951, Ch. 329.)
  22. 38758.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5.5. Transfer of City Waterworks Systems [38750 - 38759] ( Article 5.5 added by Stats. 1951, Ch. 329. )

    Verify source ↗

    If the transaction is a sale, the deed transfers full title to the described property to the municipal water district.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5.5. Transfer of City Waterworks Systems [38750 - 38759] ( Article 5.5 added by Stats. 1951, Ch. 329. ) ## 38758. If the transaction is a sale, either for cash or after the completion of installment payments, the deed conveys to the municipal water district the full title to the property described. (Added by Stats. 1951, Ch. 329.)
  23. 38759.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5.5. Transfer of City Waterworks Systems [38750 - 38759] ( Article 5.5 added by Stats. 1951, Ch. 329. )

    Verify source ↗

    A court judgment setting aside a city waterworks transfer is void unless it restores the consideration paid to the municipal water district, and the district cannot be forced to give up possession until that consideration is restored.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5.5. Transfer of City Waterworks Systems [38750 - 38759] ( Article 5.5 added by Stats. 1951, Ch. 329. ) ## 38759. If an action or proceeding is brought in any court by the city, or any taxpayer or other person on its behalf, or by any person having an interest in the transaction, for the purpose of setting the transfer aside or avoiding it, any judgment setting aside or avoiding the transfer is void, unless it provides for the restoration to the municipal water district of the consideration paid for the waterworks. The municipal water district shall not be compelled to surrender possession of the waterworks until the consideration is restored. (Added by Stats. 1951, Ch. 329.)
  24. 38771.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Nuisances [38771 - 38775] ( Article 6 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The city legislative body may, by ordinance, declare what counts as a nuisance.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Nuisances [38771 - 38775] ( Article 6 added by Stats. 1949, Ch. 79. ) ## 38771. By ordinance the city legislative body may declare what constitutes a nuisance. (Added by Stats. 1949, Ch. 79.)
  25. 38772.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Nuisances [38771 - 38775] ( Article 6 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    Local officials may authorize summary abatement of graffiti-related nuisances and recover the abatement expense from the minor or other responsible person; in some cases the expense may also be made a lien or personal obligation, and probation officers must report parent or guardian names and addresses if known.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Nuisances [38771 - 38775] ( Article 6 added by Stats. 1949, Ch. 79. ) ## 38772. (a) The legislative body of a city, county, or city and county may provide for the summary abatement of any nuisance resulting from the defacement of the property of another by graffiti or any other inscribed material at the expense of the minor or other person creating, causing, or committing the nuisance and by ordinance may make the expense of abatement of the nuisance a lien against property of the minor or other person and a personal obligation against the minor or other person pursuant to Section 38773.2 or 38773.6. (b) The parent or guardian having custody and control of the minor shall be jointly and severally liable with the minor. The legislative body of a city, county, or city and county may make the expense of abatement of any nuisance, resulting from the defacement by a minor of the property of another by graffiti or any other inscribed material, a lien against the property of a parent or guardian, having custody and control of the minor, and a personal obligation against the parent or guardian having custody and control of the minor pursuant to Section 38773.2 or 38773.6. (c) Notwithstanding any other provision of law, the names and addresses of the parent or guardian having custody and control of the minor, if known, shall be reported by the probation officer of the county to the city clerk or other official designated by the legislative body of the city, county, or city and county in which the defaced property is located. (d) As used in this section, the following terms have the following meanings: (1) “Expense of abatement” includes, but is not limited to, court costs, attorney’s fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the city, county, or city and county in identifying and apprehending the minor or other person. (2) “Graffiti or other inscribed material” means any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on any real or personal property. (3) “Minor”or “other person” means a minor or other person who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code, or a minor convicted by final judgment of a violation of Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code, or a minor declared a ward of the Juvenile Court pursuant to Section 602 of the Welfare and Institutions Code by reason of the commission of an act prohibited by Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code. (Amended by Stats. 2000, Ch. 58, Sec. 1. Effective January 1, 2001.)
  26. 38773.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Nuisances [38771 - 38775] ( Article 6 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The legislative body may authorize summary abatement of nuisances and may, by ordinance, charge the abatement expense to responsible persons or the property owner.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Nuisances [38771 - 38775] ( Article 6 added by Stats. 1949, Ch. 79. ) ## 38773. The legislative body may provide for the summary abatement of any nuisance at the expense of the persons creating, causing, committing, or maintaining it and by ordinance may make the expense of abatement of nuisances a lien against the property on which it is maintained and a personal obligation against the property owner, in accordance with Section 38773.1 or 38773.5. (Amended by Stats. 1990, Ch. 965, Sec. 1.)
  27. 38773.1.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Nuisances [38771 - 38775] ( Article 6 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A legislative body may create a nuisance abatement lien procedure, but the ordinance must require notice to the recorded owner before the lien is recorded.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Nuisances [38771 - 38775] ( Article 6 added by Stats. 1949, Ch. 79. ) ## 38773.1. (a) The legislative body may by ordinance establish a procedure to collect abatement and related administrative costs by a nuisance abatement lien. This ordinance shall require notice prior to the recordation of the lien to the owner of record of the parcel of land or which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current. (b) The notice shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Section 6062. (c) A nuisance abatement lien shall be recorded in the county recorder’s office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien. (1) A nuisance abatement lien authorized by this section shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel. (2) In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in paragraph (1) shall be recorded by the governmental agency. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index. (3) A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment. (4) Notwithstanding Section 6103, Section 27383, or any other provision of law, the county recorder may impose a fee on the city to reimburse the costs of processing and recording the lien and providing notice to the property owner. A city may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien. (Added by Stats. 1990, Ch. 965, Sec. 2.)
  28. 38773.2.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Nuisances [38771 - 38775] ( Article 6 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A city, county, or city and county may adopt an ordinance to collect graffiti-abatement costs, but the ordinance must require notice before a lien is recorded.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Nuisances [38771 - 38775] ( Article 6 added by Stats. 1949, Ch. 79. ) ## 38773.2. (a) The legislative body of a city, county, or city and county may, by ordinance, establish a procedure to collect abatement and related administrative costs incurred in the summary abatement of any nuisance resulting from the defacement by a minor or other person of the property of another by graffiti or any other inscribed material. The ordinance shall require notice to the minor or other person prior to the recordation of a lien on the parcel of land owned by the minor or other person. The ordinance shall require notice to the parent or guardian having custody and control of the minor prior to the recordation of a lien on the parcel of land owned by the parent or guardian having custody and control of the minor. (b) The notice shall be served in the same manner as a summons in a civil action pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the minor or other person, after diligent search, cannot be found, the notice may be served by posting a copy of the notice upon the property owned by the minor or other person, in a conspicuous place, for a period of 10 days. The notice shall also be published pursuant to Section 6062 in a newspaper of general circulation that is published in the county in which the property is located. If the parent or guardian having custody and control of the minor, after diligent search, cannot be found, the notice may be served by posting a copy of the notice upon the property owned by the parent or guardian having custody and control of the minor, in a conspicuous place, for a period of 10 days. The notice shall also be published pursuant to Section 6062 in a newspaper of general circulation that is published in the county in which the property is located. (c) A graffiti nuisance abatement lien shall be recorded in the county recorder’s office in the county in which the parcel of land is located. From the date of recording, the lien shall have the force, effect, and priority of a judgment lien. (d) A graffiti nuisance abatement lien authorized by this section shall specify the amount of the lien; the name of the agency on whose behalf the lien is imposed; the date of the abatement order; the street address, legal description, and assessor’s parcel number of the parcel on which the lien is imposed; and the name and address of the recorded owner of the parcel. (e) If the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subdivision (d) shall be recorded by the governmental agency. A graffiti nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index. (f) A graffiti nuisance abatement lien may be satisfied through foreclosure in an action brought by the city. (g) Notwithstanding Section 6103, Section 27383, or any other provision of law, the county recorder may impose a fee on the city, county, or city and county to reimburse the costs of processing and recording the lien and providing notice to the property owner. The city, county, or city and county may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien. (h) As used in subdivision (a), “abatement and related administrative costs” include, but are not limited to, court costs, attorney’s fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the city, county, or city and county in identifying and apprehending the minor or other person. (i) The terms “graffiti or other inscribed material,” “minor,” and “other person” have the same meaning as specified in Section 38772. (Amended by Stats. 2000, Ch. 58, Sec. 2. Effective January 1, 2001.)
  29. 38773.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Nuisances [38771 - 38775] ( Article 6 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    This section lets a legislative body or city create nuisance-abatement procedures, including special assessments and optional attorneys’ fees rules, and sets notice, collection, sale, and recordation rules for those assessments.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Nuisances [38771 - 38775] ( Article 6 added by Stats. 1949, Ch. 79. ) ## 38773.5. (a) As an alternative to the procedure authorized by Section 38773.1, the legislative body may by ordinance establish a procedure for the abatement of a nuisance and make the cost of abatement of a nuisance upon a parcel of land a special assessment against that parcel. (b) A city may, by ordinance, provide for the recovery of attorneys’ fees in any action, administrative proceeding, or special proceeding to abate a nuisance. If the ordinance provides for the recovery of attorneys’ fees, it shall provide for recovery of attorneys’ fees by the prevailing party, rather than limiting recovery of attorneys’ fees to the city if it prevails. The ordinance may limit recovery of attorneys’ fees by the prevailing party to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding. (c) Any procedure established pursuant to this section shall include notice, by certified mail, to the property owner, if the property owner’s identity can be determined from the county assessor’s or county recorder’s records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector’s power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. (d) A local agency that has imposed an assessment pursuant to this section may, subject to the requirements applicable to the sale of property pursuant to Section 3691 of the Revenue and Taxation Code, conduct a sale of vacant residential developed property for which the payment of that assessment is delinquent. (e) Notices or instruments relating to the abatement proceeding or special assessment shall be entitled to recordation. (Amended by Stats. 1996, Ch. 718, Sec. 2. Effective January 1, 1997.)
  30. 38773.6.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Nuisances [38771 - 38775] ( Article 6 added by Stats. 1949, Ch. 79. )

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    A city, county, or city and county legislative body may create by ordinance a graffiti-abatement procedure and levy the related costs as a special assessment, with tax-like collection and delinquency rules.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Nuisances [38771 - 38775] ( Article 6 added by Stats. 1949, Ch. 79. ) ## 38773.6. (a) As an alternative to the procedure specified in Section 38773.2, the legislative body of a city, county, or city and county may, by ordinance, establish a procedure for the abatement of any nuisance resulting from the defacement by a minor or other person of property of another by graffiti or other inscribed material and make the abatement and related administrative costs a special assessment against a parcel of land owned by the minor or other person or by the parent or guardian having custody and control of the minor. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the abatement and related administrative costs relate has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon prior to the date on which the first installment of the taxes would become delinquent, then the abatement and related administrative costs shall not result in a lien against the real property but shall instead be transferred to the unsecured roll for collection. Notices or instruments relating to the abatement proceeding or special assessment may be recorded. (b) The terms “abatement and related administrative costs,” “graffiti or other inscribed material,” “minor,” and “other person” have the same meaning as specified in Sections 38772 and 38773.2. (Amended by Stats. 2001, Ch. 159, Sec. 119. Effective January 1, 2002.)
  31. 38773.7.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Nuisances [38771 - 38775] ( Article 6 added by Stats. 1949, Ch. 79. )

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    A legislative body may allow a court to order treble abatement costs after a second judgment within two years, with an exception for conditions abated under Section 17980.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Nuisances [38771 - 38775] ( Article 6 added by Stats. 1949, Ch. 79. ) ## 38773.7. The legislative body, by ordinance, may provide that upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property or a person described in paragraph (3) of subdivision (d) of Section 38772 is responsible for a condition that may be abated in accordance with an ordinance enacted pursuant to Sections 38773.5 and 38773.6, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the court may order that person to pay treble the costs of the abatement. (Amended by Stats. 2000, Ch. 58, Sec. 4. Effective January 1, 2001.)
  32. 38774.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Nuisances [38771 - 38775] ( Article 6 added by Stats. 1949, Ch. 79. )

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    The legislative body may regulate banners, signs, advertisements, and similar items in and around streets and other public places, including how they are displayed or suspended.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Nuisances [38771 - 38775] ( Article 6 added by Stats. 1949, Ch. 79. ) ## 38774. The legislative body may: (a) Regulate the exhibition, posting, or carrying of banners, placards, posters, cards, pictures, signs, or advertisements in or on the street, or on or upon buildings, fences, billboards, or other structures; or on or upon any pole in any sidewalk, alley, street, lane, court, park, or other public place. (b) Regulate the suspension of banners, flags, signs, advertisements, posters, pictures, or cards across, or over any sidewalk, alley, street, lane, court, park, or other public place, or such suspension from fences, poles, houses, or other structures. (Added by Stats. 1949, Ch. 79.)
  33. 38775.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Nuisances [38771 - 38775] ( Article 6 added by Stats. 1949, Ch. 79. )

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    The legislative body may ban and remove encroachments or obstructions in sidewalks, streets, alleys, lanes, courts, parks, or other public places.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Nuisances [38771 - 38775] ( Article 6 added by Stats. 1949, Ch. 79. ) ## 38775. The legislative body may prohibit and prevent encroachments upon or obstruction in or to any sidewalks, street, alley, lane, court, park, or other public place and provide for the removal of such encroachment or obstruction. (Added by Stats. 1949, Ch. 79.)
  34. 38780.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6.5. Reports of Residential Building Records [38780 - 38785] ( Article 6.5 added by Stats. 1969, Ch. 894. )

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    A city may require that, before a residential building is sold or exchanged, the owner or the owner’s authorized agent obtain a residential building record report from the city.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6.5. Reports of Residential Building Records [38780 - 38785] ( Article 6.5 added by Stats. 1969, Ch. 894. ) ## 38780. A city by ordinance may provide that prior to the sale or exchange of any residential building, the owner or the owner’s authorized agent shall obtain from the city a report of the residential building record showing the regularly authorized use, occupancy, and zoning classifications of the property. (Amended by Stats. 2018, Ch. 467, Sec. 29. (SB 1498) Effective January 1, 2019.)
  35. 38781.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6.5. Reports of Residential Building Records [38780 - 38785] ( Article 6.5 added by Stats. 1969, Ch. 894. )

    Verify source ↗

    The owner or the owner’s authorized agent must deliver the residential building record report to the buyer or transferee before the sale or exchange is completed.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6.5. Reports of Residential Building Records [38780 - 38785] ( Article 6.5 added by Stats. 1969, Ch. 894. ) ## 38781. The report of residential building record shall be delivered by the owner, or the authorized agent of the owner, to the buyer or transferee of the residential building prior to the consummation of the sale or exchange. (Added by Stats. 1969, Ch. 894.)
  36. 38782.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6.5. Reports of Residential Building Records [38780 - 38785] ( Article 6.5 added by Stats. 1969, Ch. 894. )

    Verify source ↗

    An ordinance may require the owner or the owner’s authorized agent to pay a reasonable fee to get the reports issued.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6.5. Reports of Residential Building Records [38780 - 38785] ( Article 6.5 added by Stats. 1969, Ch. 894. ) ## 38782. The ordinance may require payment of a reasonable fee by the owner, or the owner’s authorized agent, for the issuance of the reports. (Amended by Stats. 2018, Ch. 467, Sec. 30. (SB 1498) Effective January 1, 2019.)
  37. 38783.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6.5. Reports of Residential Building Records [38780 - 38785] ( Article 6.5 added by Stats. 1969, Ch. 894. )

    Verify source ↗

    An owner of a residential building must not sell or exchange it without first obtaining and delivering a report of residential building record to the buyer.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6.5. Reports of Residential Building Records [38780 - 38785] ( Article 6.5 added by Stats. 1969, Ch. 894. ) ## 38783. The ordinance shall provide that it shall be unlawful for the owner of a residential building to sell or exchange same without first having obtained and delivered to the buyer a report of residential building record. (Added by Stats. 1969, Ch. 894.)
  38. 38784.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6.5. Reports of Residential Building Records [38780 - 38785] ( Article 6.5 added by Stats. 1969, Ch. 894. )

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    This article does not apply to certain first sales of residential buildings in recently approved and recorded subdivisions.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6.5. Reports of Residential Building Records [38780 - 38785] ( Article 6.5 added by Stats. 1969, Ch. 894. ) ## 38784. This article shall not apply to the first sale of a residential building located in a subdivision whose final map has been approved and recorded in accordance with the Subdivision Map Act not more than two years prior to the first sale. (Added by Stats. 1969, Ch. 894.)
  39. 38785.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6.5. Reports of Residential Building Records [38780 - 38785] ( Article 6.5 added by Stats. 1969, Ch. 894. )

    Verify source ↗

    A residential property sale or exchange cannot be set aside just because someone failed to comply with an ordinance under this article, unless that failure would otherwise be a valid ground for rescission.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6.5. Reports of Residential Building Records [38780 - 38785] ( Article 6.5 added by Stats. 1969, Ch. 894. ) ## 38785. No sale or exchange of residential property shall be invalidated solely because of the failure of any person to comply with any provision of an ordinance adopted pursuant to this article unless such failure is an act or omission which would be a valid ground for rescission of such sale or exchange in the absence of this article. (Added by Stats. 1969, Ch. 894.)
  40. 38790.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 7. Miscellaneous [38790 - 38794] ( Article 7 added by Stats. 1949, Ch. 79. )

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    A city may acquire land in its county, by gift, purchase, or condemnation, for garbage disposal sites and related roadway rights of way.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 7. Miscellaneous [38790 - 38794] ( Article 7 added by Stats. 1949, Ch. 79. ) ## 38790. By gift, purchase, or condemnation any city may acquire land within the county where the city is located for garbage disposal sites and rights of way for roadways to the site. “Garbage” includes: (a) Animal, fruit, and vegetable refuse. (b) Offal. (c) Leaves and cuttings, trimmings from trees, shrubs, and grass. (d) Inorganic refuse and rubbish. (e) Anything thrown away as worthless. (Added by Stats. 1949, Ch. 79.)
  41. 38790.1.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 7. Miscellaneous [38790 - 38794] ( Article 7 added by Stats. 1949, Ch. 79. )

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    A city that collects garbage fees or charges may collect delinquent amounts using the county collection method in Section 25831.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 7. Miscellaneous [38790 - 38794] ( Article 7 added by Stats. 1949, Ch. 79. ) ## 38790.1. Any city collecting garbage fees or charges may collect delinquent fees or charges in the manner provided in Section 25831 for counties. (Added by Stats. 1972, Ch. 175.)
  42. 38791.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 7. Miscellaneous [38790 - 38794] ( Article 7 added by Stats. 1949, Ch. 79. )

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    A city legislative body may, by ordinance, create a chief executive with emergency authority during great public calamities.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 7. Miscellaneous [38790 - 38794] ( Article 7 added by Stats. 1949, Ch. 79. ) ## 38791. By ordinance the legislative body of a city may provide for a chief executive who, during periods of great public calamity such as extraordinary fire, flood, storm, epidemic, earthquake, sabotage or enemy attack, shall have complete authority over the city and the right to exercise all police power vested in the city by the Constitution and general laws. (Amended by Stats. 1955, Ch. 624.)
  43. 38792.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 7. Miscellaneous [38790 - 38794] ( Article 7 added by Stats. 1949, Ch. 79. )

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    A city legislative body may charge dog license fees, subject to limits on the fee amount and the fee period.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 7. Miscellaneous [38790 - 38794] ( Article 7 added by Stats. 1949, Ch. 79. ) ## 38792. (a) The legislative body of a city may impose and collect a license fee for a period not to exceed two years and not exceeding the cost of services relating to dogs, including, but not limited to, animal shelters and control and the programs specified in Section 30652 of the Food and Agricultural Code, provided by the city, on every dog owned or harbored within the city limits. The license fee for spayed bitches and neutered males shall not exceed 50 percent of the license fee otherwise imposed. (b) In addition to the authority provided in subdivision (a), the legislative body of a city may impose and collect a license fee, as described in subdivision (a), for a period not to exceed three years for dogs that have attained the age of 12 months or older and have been vaccinated. The person from whom the license fee is collected pursuant to this subdivision may choose a license period as established by the legislative body of up to one, two, or three years. However, when imposing and collecting a license fee pursuant to this subdivision, the license period shall not extend beyond the remaining period of validity for the current rabies vaccination. The license fee for spayed bitches and neutered males, under this subdivision, shall not exceed 50 percent of the license fee otherwise imposed. (Amended by Stats. 1987, Ch. 1184, Sec. 5.)
  44. 38793.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 7. Miscellaneous [38790 - 38794] ( Article 7 added by Stats. 1949, Ch. 79. )

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    Cities may adopt an ordinance allowing them to do the work and charge the cost to a property if the owner, after notice, does not comply in time.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 7. Miscellaneous [38790 - 38794] ( Article 7 added by Stats. 1949, Ch. 79. ) ## 38793. As a means of implementing a municipal underground utility district formed to remove existing overhead utility lines and to require property owners of the district, served by such lines, to prepare their properties to accept underground utility lines, cities may provide by ordinance that if any property owner, after due notice, refuses to comply within a reasonable time to effect such removal or preparation in accordance with the applicable rules of the utility involved the city may cause such work to be done and assess the costs thereof against the property and that such assessment shall become a lien against the property. The assessment may be collected at the same time and in the same manner as ordinary municipal ad valorem taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of municipal ad valorem taxes shall be applicable to such assessment. (Added by Stats. 1969, Ch. 492.)
  45. 38794.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 7. Miscellaneous [38790 - 38794] ( Article 7 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A city legislative body may contract for ambulance service for city residents when convenient.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. ) ## ARTICLE 7. Miscellaneous [38790 - 38794] ( Article 7 added by Stats. 1949, Ch. 79. ) ## 38794. The legislative body of a city may contract for ambulance service to serve the residents of the city as convenience requires. (Added by Stats. 1971, Ch. 182.)
  46. 38900.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 11. Sewers Generally [38900 - 38902] ( Chapter 11 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A city legislative body may construct, establish, and maintain drains and sewers.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 11. Sewers Generally [38900 - 38902] ( Chapter 11 added by Stats. 1949, Ch. 79. ) ## 38900. A city legislative body may construct, establish, and maintain drains and sewers. (Added by Stats. 1949, Ch. 79.)
  47. 38901.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 11. Sewers Generally [38900 - 38902] ( Chapter 11 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A city may reclaim public and private land using specified works and structures.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 11. Sewers Generally [38900 - 38902] ( Chapter 11 added by Stats. 1949, Ch. 79. ) ## 38901. A city may reclaim public and private lands therein by levees, bulkheads, breakwaters, fills, embankments, basins, drains, canals, excavations, sluices, pipes, watergates, pumping plants, and all works and structures useful therefor. This work is a local improvement and a municipal affair. The costs of reclamation shall be borne solely by the lands reclaimed. This section shall not be construed as affecting any public district or public entity now or hereafter established and having similar powers. (Amended by Stats. 1991, Ch. 1226, Sec. 7.5.)
  48. 38902.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 11. Sewers Generally [38900 - 38902] ( Chapter 11 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A city may set and collect sewer standby or immediate availability charges, and may place them on the county tax bill if it gives the required parcel and charge information in time.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 11. Sewers Generally [38900 - 38902] ( Chapter 11 added by Stats. 1949, Ch. 79. ) ## 38902. A city may, pursuant to the notice, protest, and hearing procedures in Section 53753, fix an annual sewer service standby or immediate availability charge to be applied on an area or frontage or parcel basis, or a combination thereof, within the city to be charged to such areas to which sewer service is made available for any purpose by the city, whether the sewer service is actually used or not. If the procedures set forth in this section as it read at the time a standby charge was established were followed, the city council may, by resolution, continue the charge pursuant to this section in successive years at the same rate. If new, increased, or extended assessments are proposed, the city council shall comply with the notice, protest, and hearing procedures in Section 53753. The city may establish schedules varying such charge according to the land uses and the degree of availability or quantity of use of such sewer service to the affected lands, and may restrict such charge to lands lying within one or more zones or areas of benefits established within such city. The city may collect the standby or availability charge by billing the charged lands on a fiscal year basis or by other means available. The city may collect the standby or availability charge as a part of the annual general county tax bill provided the city furnishes in writing to the board of supervisors and to the county auditor the description of each parcel for which a charge is to be billed together with the amount of the charge applicable to each parcel in sufficient time to meet the schedule established by the county for inclusion of such items on the county general tax bill. The parcel description may be the parcel number assigned by the county assessor to the parcel. In such case, the standby or availability charge shall become a lien against the parcel of land to which it is charged in the same manner as the county general taxes. Penalties may be collected for late payment of the standby or availability charge or the amount thereof unpaid in the manner and at the same rates as that applicable for late payment or the amount thereof unpaid of county general taxes. If the city collects standby charges through the county general tax bill, the amount of the standby charge and any applicable penalty shall be stated on the tax bill separately from all other taxes, if practicable. (Amended by Stats. 2007, Ch. 27, Sec. 3. Effective January 1, 2008.)
  49. 39501.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [39501 - 39502] ( Heading of Article 1 amended by Stats. 1955, Ch. 624. )

    Verify source ↗

    The legislative body may require owners, lessees, or occupants to remove dirt, rubbish, weeds, and rank growths from buildings, grounds, and adjacent sidewalks.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [39501 - 39502] ( Heading of Article 1 amended by Stats. 1955, Ch. 624. ) ## 39501. The legislative body may compel the owner, lessee, or occupant of buildings, grounds, or lots to remove dirt, rubbish, weeds, and rank growths from buildings or grounds and adjacent sidewalks. If the person compelled by the legislative body defaults, after notice prescribed by the legislative body, it may authorize the removal or destruction of the dirt, rubbish, weeds, and rank growths at that person’s expense by a city officer. The legislative body may prescribe a procedure for the removal or destruction and make the expense a lien upon the buildings or grounds. (Amended by Stats. 2018, Ch. 467, Sec. 31. (SB 1498) Effective January 1, 2019.)
  50. 39502.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [39501 - 39502] ( Heading of Article 1 amended by Stats. 1955, Ch. 624. )

    Verify source ↗

    The legislative body may, by ordinance, order removal of weeds and similar obstructions or hazardous material, place the removal cost as a lien on the property, and authorize enforcement of the lien by sale or other means.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [39501 - 39502] ( Heading of Article 1 amended by Stats. 1955, Ch. 624. ) ## 39502. By ordinance the legislative body may: (a) Require and provide for the removal of grass, weeds, or other obstructions from the sidewalks, parkings, or streets and make the cost of removal a lien upon the abutting property. (b) Require or provide for the removal from property, lands, or lots of all weeds, rubbish, or other material dangerous or injurious to neighboring property or the health or welfare of residents of the vicinity and make the cost of removal a lien upon the property. (c) Provide for the enforcement of the lien by the sale of the property or otherwise. (Added by Stats. 1949, Ch. 79.)
  51. 39560.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    This section defines several terms used in the article, including “Superintendent,” “Weeds,” “Street,” and the phrase “In front of which the nuisance exists.”

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39560. (a) “Superintendent” means street superintendent, the superintendent’s assistants and deputies, or other public officer designated by the legislative body to perform the duties imposed by this article upon the superintendent. (b) “Weeds” means weeds which when mature bear wingy or downy seeds, which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous. (c) “Street” includes public street, alley, lane, court, or other place. (d) “In front of which the nuisance exists” includes to the rear of or abutting the property upon which the nuisance exists. (Amended by Stats. 2018, Ch. 467, Sec. 32. (SB 1498) Effective January 1, 2019.)
  52. 39561.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The legislative body may, by resolution, declare certain weeds and debris public nuisances and abate them.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39561. The legislative body may declare by resolution as public nuisances, and abate: (a) All weeds growing upon the streets, sidewalks, or private property in the city. (b) All rubbish, refuse, and dirt upon parkways, sidewalks, or private property in the city. (Added by Stats. 1949, Ch. 79.)
  53. 39561.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    This section defines “weeds” to include several kinds of plants and flammable material that pose fire, safety, or public health concerns.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39561.5. “Weeds,” as used in this article, includes any of the following: (a) Weeds which bear seeds of a downy or wingy nature. (b) Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. (c) Weeds which are otherwise noxious or dangerous. (d) Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health. (e) Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard. (Added by Stats. 1963, Ch. 90.)
  54. 39562.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    A resolution must identify the street by its commonly known name and describe the property where the nuisance exists by lot and block number from the official or city assessment map.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39562. The resolution shall: (a) Refer to the street by its commonly known name. (b) Describe the property upon which or in front of which the nuisance exists by giving its lot and block number according to the official or city assessment map. (Added by Stats. 1949, Ch. 79.)
  55. 39562.1.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The legislative body may declare certain weeds a seasonal and recurrent nuisance, and repeated occurrences can be handled with notice instead of another hearing.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39562.1. At the time it adopts the resolution as provided for by Sections 39561 and 39562, the legislative body may also find and declare that weeds on specified parcels of property are seasonal and recurrent nuisances. Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of this article, provided, that upon the second and any subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further hearings need be held and it shall be sufficient to mail a post card notice to the owners of the property as they and their addresses appear upon the current assessment roll. The notice shall refer to and describe the property and shall state that noxious or dangerous weeds of a seasonal and recurrent nature are growing on or in front of the property, and that the same constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds, and that otherwise they will be removed and the nuisance will be abated by the city authorities, in which case the cost of such removal shall be assessed upon the parcel and lands from which or in front of which such weeds are removed and that upon confirmation such cost will constitute a lien upon such parcel or lands until paid. (Added by Stats. 1968, Ch. 127.)
  56. 39562.2.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    Cities and their legislative bodies may use preventive chemical control to abate seasonal and recurrent weed nuisances in specified cases.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39562.2. In any case where cities are authorized to abate weeds pursuant to the provisions of this chapter and where the legislative body finds and declares that weeds on specified parcels of property are seasonal and recurrent nuisances as provided in Section 39562.1, the legislative body may provide for the preventive abatement of such seasonal and recurrent nuisance as provided in this section. The notice required by Section 39562.1 shall, in addition to containing all other required matters, state that the efficient and economical control of such seasonal and recurrent nuisance requires preventive chemical control of such weeds, weed seeds and weed seedlings and that the city may require preventive chemical control of such nuisance. In the event the city is once required to abate such nuisance the city may, in addition, before and during the next following germinating season of such weeds, provide for the preventive abatement of such nuisance by using chemical control of such weeds. (Added by Stats. 1970, Ch. 577.)
  57. 39563.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    One resolution may include any number of streets, sidewalks, or parcels of private property.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39563. Any number of streets, sidewalks, or parcels of private property may be included in one resolution. (Added by Stats. 1949, Ch. 79.)
  58. 39564.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    After a resolution is passed, the superintendent must post notices on or in front of the property where the nuisance exists.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39564. After passage of the resolution, the superintendent shall cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. The superintendent shall post: (a) One notice to each separately owned parcel of property of not over fifty feet frontage. (b) Not more than two notices to any parcel of one hundred feet frontage or less. (c) Notices at not more than one hundred feet apart if the frontage of a parcel is greater than one hundred feet. (Amended by Stats. 2018, Ch. 467, Sec. 33. (SB 1498) Effective January 1, 2019.)
  59. 39565.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The notice heading must read “Notice to destroy weeds and remove rubbish, refuse, and dirt,” and the letters must be at least one inch high.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39565. The heading of the notices shall be “Notice to destroy weeds and remove rubbish, refuse, and dirt” in letters not less than one inch in height. (Added by Stats. 1949, Ch. 79.)
  60. 39566.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    This section gives the required form of a notice telling property owners that weeds, rubbish, refuse, and dirt must be removed and that objections can be heard at a meeting.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39566. The notice shall be substantially in the following form: NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE, AND DIRT Notice is hereby given that on the ____ day of ____, 19__, the (name of the legislative body) passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street, and that rubbish, refuse, and dirt were upon or in front of property on this street, in ____, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal of the weeds, rubbish, refuse, and dirt. Otherwise they will be removed and the nuisance abated by the city and the cost of removal assessed upon the land from or in front of which the weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the city clerk. All property owners having any objections to the proposed removal of the weeds, rubbish, refuse, and dirt are hereby notified to attend a meeting of the (name of the legislative body) of (city or town) to be held (give date), when their objections will be heard and given due consideration. Dated this _______day of _______, 19__. Street Superintendent (City of ______) (Amended by Stats. 1951, Ch. 794.)
  61. 39567.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    Notices must be posted at least five days before the hearing of objections by the legislative body.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39567. The notices shall be posted at least five days prior to the time for hearing objections by the legislative body. (Added by Stats. 1949, Ch. 79.)
  62. 39567.1.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The legislative body may choose to have the city clerk mail written notice of a proposed abatement instead of posting notice, and the city clerk must mail the notices on time and in the required form.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39567.1. As an alternative to posting notice of the resolution and notice of the meeting when objections will be heard, the legislative body may direct the city clerk to mail written notice of the proposed abatement to all persons owning property described in the resolution. The city clerk shall cause such written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the legislative body. In cities where the county assessor performs the functions of city assessor, the county assessor, at the request of the city clerk, shall within 10 days thereafter mail to the city clerk a list of the names and addresses of all of the persons owning property described in the resolution. The address of the owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. The city shall reimburse the county for the actual cost of furnishing such list and the cost shall be a part of the costs of abatement. The notices mailed by the city clerk shall be mailed at least five days prior to the time for hearing objections by the legislative body. The notices mailed by the city clerk shall be substantially in the form provided by Section 39566, except, that notices shall be signed by the city clerk and the heading of the notice need not comply with Section 39565. (Added by Stats. 1959, Ch. 1889.)
  63. 39568.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The legislative body must hear and consider objections at the noticed time, and it may continue the hearing from time to time.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39568. At the time stated in the notices, the legislative body shall hear and consider all objections to the proposed removal of weeds, rubbish, refuse, and dirt. It may continue the hearing from time to time. (Added by Stats. 1949, Ch. 79.)
  64. 39569.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    After the hearing, the legislative body must decide on objections by motion or resolution, and then it may proceed with the removal work.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39569. By motion or resolution at the conclusion of the hearing the legislative body shall allow or overrule any objections. At that time the legislative body acquires jurisdiction to proceed and perform the work of removal. (Added by Stats. 1949, Ch. 79.)
  65. 39570.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The legislative body’s decision is final.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39570. The decision of the legislative body is final. (Added by Stats. 1949, Ch. 79.)
  66. 39571.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    If objections are not made, or once objections are resolved, the legislative body must order the superintendent to remove the nuisance by clearing weeds, rubbish, refuse, and dirt. The order must be made by motion or resolution.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39571. If objections have not been made or after the legislative body has disposed of those made, it shall order the superintendent to abate the nuisance by having the weeds, rubbish, refuse, and dirt removed. The order shall be made by motion or resolution. (Added by Stats. 1949, Ch. 79.)
  67. 39572.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The superintendent may enter private property to abate the nuisance.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39572. The superintendent may enter upon private property to abate the nuisance. (Added by Stats. 1949, Ch. 79.)
  68. 39573.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    A property owner may remove weeds, rubbish, refuse, and dirt before the superintendent arrives, at the owner’s expense. If an abatement order is issued, the legislative body may order a special assessment and lien under Section 39577.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39573. Before the superintendent arrives, any property owner may remove the weeds, rubbish, refuse, and dirt at the owner’s own expense. Nevertheless, in any case in which an order to abate is issued, the legislative body by motion or resolution may further order that a special assessment and lien be imposed pursuant to Section 39577. In that case the assessment and lien shall be limited to the costs incurred by the responsible agency in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical, and other related costs. (Amended by Stats. 2018, Ch. 467, Sec. 34. (SB 1498) Effective January 1, 2019.)
  69. 39574.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The superintendent must track abatement costs for each separate parcel and submit an itemized written report to the legislative body for confirmation.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39574. The superintendent shall keep an account of the cost of abatement in front of or on each separate parcel of land where the superintendent performs the work. The superintendent shall submit to the legislative body for confirmation an itemized written report showing the cost of the abatement. (Amended by Stats. 2018, Ch. 467, Sec. 35. (SB 1498) Effective January 1, 2019.)
  70. 39575.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    A copy of the report must be posted for at least three days before it is submitted to the legislative body, near the chamber door, with notice of the submission time.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39575. A copy of the report shall be posted for at least three days prior to its submission to the legislative body on or near the chamber door of the legislative body, with a notice of the time of submission. (Added by Stats. 1949, Ch. 79.)
  71. 39576.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The legislative body must hear objections to the report, may modify it if necessary, and must confirm the report by motion or resolution.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39576. At the time fixed for receiving and considering the report, the legislative body shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The legislative body shall then confirm the report by motion or resolution. (Added by Stats. 1949, Ch. 79.)
  72. 39576.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The legislative body may choose to abate the nuisance by contract awarded through competitive bidding to the lowest responsible bidder. If it does so, the contractor must keep the account and file an itemized written report for each separate parcel of land.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39576.5. Abatement of the nuisance may in the discretion of the legislative body be performed by contract awarded by the legislative body on the basis of competitive bids let to the lowest responsible bidder pursuant to Sections 37903, 37904, 37905 and 37931 to 37935 inclusive of this code. In such event the contractor shall keep the account and submit the itemized written report for each separate parcel of land required by Section 39574. (Added by Stats. 1959, Ch. 1889.)
  73. 39577.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    Abatement costs become a special assessment against the parcel, and the confirmed assessment creates a lien when recorded, unless the property was already transferred to a bona fide purchaser or encumbered before the first installment becomes delinquent.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39577. The cost of abatement in front of or upon each parcel of land and the costs incurred by the responsible agency in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical and other related costs, constitutes a special assessment against that parcel. After the assessment is made and confirmed, a lien attaches on the parcel upon recordation of the order confirming the assessment in the office of the county recorder of the county in which the property is situated, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes as imposed by Section 39578 would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the costs of abatement and the costs of enforcing abatement, as confirmed, relating to such property shall be transferred to the unsecured roll for collection. (Amended by Stats. 1982, Ch. 352, Sec. 2.)
  74. 39578.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    After the report is confirmed, a copy must be given to the county auditor, who must add the assessment amount to the next regular municipal tax bill for the parcel, except as provided in Section 39577.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39578. Except as provided in Section 39577, after confirmation of the report, a copy shall be given to the county auditor, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. (Amended by Stats. 2006, Ch. 643, Sec. 8. Effective January 1, 2007.)
  75. 39579.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    If the county assessor and tax collector assess property and collect taxes for the city, a certified copy of the report must be filed with the county auditor by August 10.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39579. Except as provided in Section 39577, if the county assessor and the tax collector assess property and collect taxes for the city, a certified copy of the report shall be filed with the county auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor’s map books for the current year. (Amended by Stats. 1975, Ch. 911.)
  76. 39580.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The county auditor must enter each assessment on the county tax roll opposite the parcel of land.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39580. The county auditor shall enter each assessment on the county tax roll opposite the parcel of land. (Added by Stats. 1949, Ch. 79.)
  77. 39581.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    Assessments must be collected like ordinary municipal taxes, and delinquent amounts face the same penalties and foreclosure/sale procedures. The legislative body may allow assessments of $50 or more to be paid in up to five annual installments, with interest on the unpaid balance capped at 6% per year.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39581. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes. The legislative body may determine that, in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, such assessments of fifty dollars ($50) or more may be made in annual installments, in any event not to exceed five, and collected one installment at a time at the times and in the manner of ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for foreclosure and sale provided for ordinary municipal taxes. The payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the legislative body, not to exceed 6 percent per annum. (Amended by Stats. 1980, Ch. 676.)
  78. 39582.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The county tax collector may, at his discretion, collect the assessments separately from the general taxes by issuing separate bills and receipts.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39582. As an alternative method the county tax collector in his discretion may collect the assessments without reference to the general taxes by issuing separate bills and receipts for the assessments. (Added by Stats. 1949, Ch. 79.)
  79. 39583.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    County tax laws apply to special assessment taxes.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39583. Laws relating to the levy, collection, and enforcement of county taxes apply to such special assessment taxes. (Added by Stats. 1949, Ch. 79.)
  80. 39584.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The superintendent may collect abatement costs and issue receipts, but only within the time limits stated in this section.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39584. The superintendent may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report and until 10 days before a copy is given to the county auditor, or, where a certified copy is filed with the county auditor, until August 1st following the confirmation of the report. (Amended by Stats. 2006, Ch. 643, Sec. 9. Effective January 1, 2007.)
  81. 39585.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The legislative body may refund all or part of a tax if it finds the tax was levied in error, but a refund claim must be filed with the clerk by November 1st after the tax became due and payable, and the claim must be verified.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39585. The legislative body may order refunded all or part of a tax paid pursuant to this article if it finds that all or part of the tax has been erroneously levied. A tax or part shall not be refunded unless a claim is filed with the clerk of the legislative body on or before November 1st after the tax became due and payable. The claim shall be verified by the person who paid the tax or by the person’s guardian, conservator, executor, or administrator. (Amended by Stats. 1979, Ch. 730.)
  82. 39586.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    If the legislative body finds city-officer or city-employee negligence caused property damage during nuisance abatement under this article, the resulting claim may be paid from the city general fund.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39586. If the legislative body finds that property damage was caused by the negligence of a city officer or employee in connection with the abatement of a nuisance pursuant to this article, a claim for such damages may be paid from the city general fund. Claims therefor are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of this code. (Amended by Stats. 1963, Ch. 1715.)
  83. 39587.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    This section says the procedures in this article are an alternative to procedures set by ordinance under Article 1.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39587. The proceedings provided by this article are an alternative to any procedure established by ordinance pursuant to Article 1 (commencing with Section 39500). (Amended by Stats. 1985, Ch. 106, Sec. 68.)
  84. 39588.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The lien for the assessment has the same priority as the taxes it is collected with.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 13. Weed and Rubbish Abatement [39501 - 39588] ( Chapter 13 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Alternative Procedures [39560 - 39588] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 39588. The lien of said assessment shall have the priority of the taxes with which it is collected. (Added by Stats. 1963, Ch. 1465.)
  85. 39730.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 14. Municipal and Public Utilities [39730 - 39794] ( Chapter 14 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [39730 - 39732] ( Heading of Article 1 renumbered from Article 2 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The legislative body must require covered residential units to be separately metered for electrical and gas service, with listed exceptions.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 14. Municipal and Public Utilities [39730 - 39794] ( Chapter 14 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [39730 - 39732] ( Heading of Article 1 renumbered from Article 2 by Stats. 1955, Ch. 624. ) ## 39730. The legislative body shall require every residential unit in an apartment house or similar multiunit residential structure, condominium, and mobilehome park for which a building permit has been obtained on or after July 1, 1982, other than a dormitory or other housing accommodation provided by any postsecondary educational institution for its students or employees and other than farmworker housing, to be individually metered for electrical and gas service, except that separate metering for gas service is not required for residential units which are not equipped with gas appliances requiring venting or which receive the majority of energy used for water or space heating from a solar energy system or through cogeneration technology. (Added by Stats. 1981, Ch. 701, Sec. 1.)
  86. 39731.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 14. Municipal and Public Utilities [39730 - 39794] ( Chapter 14 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [39730 - 39732] ( Heading of Article 1 renumbered from Article 2 by Stats. 1955, Ch. 624. )

    Verify source ↗

    A legislative body may acquire an existing ferry system and may operate it as a toll or free ferry.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 14. Municipal and Public Utilities [39730 - 39794] ( Chapter 14 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [39730 - 39732] ( Heading of Article 1 renumbered from Article 2 by Stats. 1955, Ch. 624. ) ## 39731. By gift, purchase, or eminent domain, a legislative body may acquire any existing ferry system, including any franchise or license, boats and vessels, land and interest in land, slips, wharves, piers, landing places, approaches, and equipment and facilities used or for use in the maintenance and operation thereof. The legislative body may operate the ferry system as a toll or free ferry upon navigable waters within or adjacent to the city boundaries. The cost of acquisition and operation may be paid from the city general fund, from revenues of the ferry system, or from any other funds that may be legally applied to such purpose. (Amended by Stats. 1953, Ch. 735.)
  87. 39731.1.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 14. Municipal and Public Utilities [39730 - 39794] ( Chapter 14 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [39730 - 39732] ( Heading of Article 1 renumbered from Article 2 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The legislative body may contract with any person, firm, or corporation to operate or manage a ferry system owned or acquired by the city.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 14. Municipal and Public Utilities [39730 - 39794] ( Chapter 14 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [39730 - 39732] ( Heading of Article 1 renumbered from Article 2 by Stats. 1955, Ch. 624. ) ## 39731.1. The legislative body, in connection with the acquisition or otherwise, may contract with any person, firm, or corporation for the operation or management of any ferry system acquired or owned by the city upon such terms and provisions as it may determine. (Added by Stats. 1953, Ch. 735.)
  88. 39731.2.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 14. Municipal and Public Utilities [39730 - 39794] ( Chapter 14 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [39730 - 39732] ( Heading of Article 1 renumbered from Article 2 by Stats. 1955, Ch. 624. )

    Verify source ↗

    Government bodies may not build or run competing bridges, tunnels, or transportation facilities that materially harm a fifth- or sixth-class city toll-ferry system unless they first provide just and reasonable compensation.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 14. Municipal and Public Utilities [39730 - 39794] ( Chapter 14 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [39730 - 39732] ( Heading of Article 1 renumbered from Article 2 by Stats. 1955, Ch. 624. ) ## 39731.2. Neither the State nor any subdivision, authority, or agency thereof, nor any public corporation, district, or authority, shall construct or operate any bridge, tunnel, or transportation facility, which by its operation, will compete with and materially damage the property or injure the business or revenues of any toll-ferry system owned by any fifth or sixth class city, without first making adequate provision for just and reasonable compensation for the damage or loss of the property and revenues of such ferry system. (Added by Stats. 1953, Ch. 735.)
  89. 39732.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 14. Municipal and Public Utilities [39730 - 39794] ( Chapter 14 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [39730 - 39732] ( Heading of Article 1 renumbered from Article 2 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The legislative body may acquire, operate, and manage listed public utilities, and may grant or permit certain utility-related franchises and construction.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 14. Municipal and Public Utilities [39730 - 39794] ( Chapter 14 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [39730 - 39732] ( Heading of Article 1 renumbered from Article 2 by Stats. 1955, Ch. 624. ) ## 39732. The legislative body may: (a) Acquire, own, construct, maintain, and operate bus lines, street railways, steam railway spur tracks, telephone and telegraph lines, gas and other works for light, power, and heat, public libraries, museums, gymnasiums, parks, and baths. (b) Grant franchises for the construction of public utilities it deems proper, the laying of railroad tracks and the running of cars on the tracks, and the laying of gas and water pipes in public streets. (c) Permit the construction and maintenance of telegraph and telephone lines. (Added by Stats. 1949, Ch. 79.)
  90. 39790.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 14. Municipal and Public Utilities [39730 - 39794] ( Chapter 14 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Facilities in Aid of Public Utilities [39790 - 39794] ( Heading of Article 2 renumbered from Article 4 by Stats. 1955, Ch. 624. )

    Verify source ↗

    This section defines “facility” for this article.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 14. Municipal and Public Utilities [39730 - 39794] ( Chapter 14 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Facilities in Aid of Public Utilities [39790 - 39794] ( Heading of Article 2 renumbered from Article 4 by Stats. 1955, Ch. 624. ) ## 39790. As used in this article, “facility” means any works, road, railroad, tramway, power plant, telegraph or telephone line, or other necessary works or structures. (Added by Stats. 1949, Ch. 79.)
  91. 39791.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 14. Municipal and Public Utilities [39730 - 39794] ( Chapter 14 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Facilities in Aid of Public Utilities [39790 - 39794] ( Heading of Article 2 renumbered from Article 4 by Stats. 1955, Ch. 624. )

    Verify source ↗

    A city may build and operate facilities for preparing, making, handling, or transporting materials and supplies needed for its public works, improvements, or utilities.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 14. Municipal and Public Utilities [39730 - 39794] ( Chapter 14 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Facilities in Aid of Public Utilities [39790 - 39794] ( Heading of Article 2 renumbered from Article 4 by Stats. 1955, Ch. 624. ) ## 39791. A city may construct, equip, use, maintain, and operate any facility, within or without the city or the county where the city is located, for the preparation, manufacture, handling, or transporting of any materials or supplies required in the construction or completion by the city of any public work, improvement, or utility. (Added by Stats. 1949, Ch. 79.)
  92. 39792.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 14. Municipal and Public Utilities [39730 - 39794] ( Chapter 14 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Facilities in Aid of Public Utilities [39790 - 39794] ( Heading of Article 2 renumbered from Article 4 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The city may lease, buy, condemn, or otherwise acquire and use property needed to construct, equip, use, maintain, or operate a facility.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 14. Municipal and Public Utilities [39730 - 39794] ( Chapter 14 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Facilities in Aid of Public Utilities [39790 - 39794] ( Heading of Article 2 renumbered from Article 4 by Stats. 1955, Ch. 624. ) ## 39792. For the purpose of constructing, equipping, using, maintaining, or operating any facility, the city may lease or acquire by purchase, condemnation, or otherwise and hold and use any land, rights of way, water, water rights, quarry, gravel bed, other mineral deposits, or any other necessary property, within or without the city or the county where the city is located. (Added by Stats. 1949, Ch. 79.)
  93. 39793.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 14. Municipal and Public Utilities [39730 - 39794] ( Chapter 14 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Facilities in Aid of Public Utilities [39790 - 39794] ( Heading of Article 2 renumbered from Article 4 by Stats. 1955, Ch. 624. )

    Verify source ↗

    A city may acquire and operate gravel or quarry facilities, but only if its legislative body approves the action by a two-thirds vote at a regular meeting and the work is for preparing gravel or rock for city streets.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 14. Municipal and Public Utilities [39730 - 39794] ( Chapter 14 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Facilities in Aid of Public Utilities [39790 - 39794] ( Heading of Article 2 renumbered from Article 4 by Stats. 1955, Ch. 624. ) ## 39793. When authorized by a two-thirds vote of the members of its legislative body at a regular meeting, a city, for the purpose of breaking, crushing, or otherwise preparing gravel or rock to be used in making, paving, improving, or repairing its streets, may do any and all of the following: (a) Acquire, lease, purchase, and operate any gravel bed or quarry within the county where the city is situated. (b) Equip and operate a plant for preparing gravel or rock at the gravel bed or quarry, or within the city. (c) Acquire, lease, or purchase and maintain all necessary roads, rights of way, and tramways over which to transport gravel or rock from the gravel bed or quarry to the city, and all necessary appliances for that purpose. (Added by Stats. 1951, Ch. 330.)
  94. 39794.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 14. Municipal and Public Utilities [39730 - 39794] ( Chapter 14 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Facilities in Aid of Public Utilities [39790 - 39794] ( Heading of Article 2 renumbered from Article 4 by Stats. 1955, Ch. 624. )

    Verify source ↗

    This article does not expand any legal or charter limits on a city’s taxation, public spending, or debt.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 14. Municipal and Public Utilities [39730 - 39794] ( Chapter 14 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Facilities in Aid of Public Utilities [39790 - 39794] ( Heading of Article 2 renumbered from Article 4 by Stats. 1955, Ch. 624. ) ## 39794. This article does not extend or enlarge any limitation prescribed by law or charter upon taxation, expenditure of public funds, or the incurring of indebtedness by a city. (Added by renumbering Section 39793 by Stats. 1951, Ch. 330.)
  95. 399.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. STATE SEAL, FLAG, AND EMBLEMS [399 - 447] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Great Seal of the State [399 - 405] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    California must have a state seal called the Great Seal of the State of California, and the Governor must use it officially.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. STATE SEAL, FLAG, AND EMBLEMS [399 - 447] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Great Seal of the State [399 - 405] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 399. (a) There shall be a seal of this state, which shall be called “the Great Seal of the State of California.” (b) The Great Seal of the state shall be used by the Governor officially. (Amended by Stats. 1968, Ch. 312.)
  96. 39900.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [39900 - 39901] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A city legislative body may use general-fund money for surveys, maps, plans, plats, and related preliminary information for a deep water canal, waterway, or water facilities project if the project is beneficial to the city and at least an equal amount has been provided from private sources.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [39900 - 39901] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 39900. When a city legislative body determines that it is beneficial to the city and if an equal or greater sum of money has been made available from private sources, it may appropriate and expend money from the general fund for making surveys, maps, plans, and plats and for obtaining information preliminary to the development, improvement, and construction of a deep water canal, waterway, or water facilities for transportation purposes across, in, or along the county where the city is located or any adjoining county. (Added by Stats. 1949, Ch. 79.)
  97. 39901.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [39900 - 39901] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A qualifying city may build, improve, dredge, and maintain harbor-related works and waterways, but this section does not let it interfere with private or quasi-public property rights.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [39900 - 39901] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 39901. A city whose limits include or bound upon a harbor, bay, estuary, or other navigable body of water may: (a) Establish, acquire, construct, improve, and maintain in, upon, and along the body of water, piers, docks, wharves, bulkheads, quays, and other necessary works. (b) Construct, improve, dredge, deepen, or straighten, channels, turning basins, canals, slips, and waterways to, from, and along such works and connecting with any other navigable water within or without the city limits. (c) Do any thing necessary or convenient to the establishment, improvement, conduct, and maintenance of a harbor, and in furtherance of commerce and navigation. This section does not affect or limit a person’s use and enjoyment of property rights, nor grant a city the right to destroy, injure, impair, or interfere with any private or quasi-public property or property rights, leasehold, or otherwise, or to the use and enjoyment of the property. (Amended by Stats. 2018, Ch. 467, Sec. 36. (SB 1498) Effective January 1, 2019.)
  98. 39930.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Establishment of Harbor Lines by Cities Generally [39930 - 39938] ( Article 2 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    This section defines the terms used in the article, including “navigable water,” “tidelands,” and “owns tidelands.”

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Establishment of Harbor Lines by Cities Generally [39930 - 39938] ( Article 2 added by Stats. 1949, Ch. 79. ) ## 39930. As used in this article: (a) “Navigable water” includes a harbor, bay, inlet, and estuary. (b) “Tidelands” includes submerged lands. (c) “Owns tidelands” means by grant from the State, or otherwise, owns, holds, or possesses tidelands or the title to such lands. (Added by Stats. 1949, Ch. 79.)
  99. 39931.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Establishment of Harbor Lines by Cities Generally [39930 - 39938] ( Article 2 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A qualifying city may, by ordinance, establish harbor lines and later change or abolish them when required by the public interest or by commerce and navigation needs.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Establishment of Harbor Lines by Cities Generally [39930 - 39938] ( Article 2 added by Stats. 1949, Ch. 79. ) ## 39931. By ordinance a city which owns tidelands situated within the city boundaries and fronting on a navigable water within the city boundaries may fix and establish harbor lines, both pierhead and bulkhead lines, in and for the navigable water. By ordinance the city may change or abolish the harbor lines as the public interest or the needs of commerce and navigation require. (Added by Stats. 1949, Ch. 79.)
  100. 39932.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Establishment of Harbor Lines by Cities Generally [39930 - 39938] ( Article 2 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A city may exercise the relevant power to the same extent as the State may exercise it or grant it, but harbor lines may not be fixed beyond harbor lines established by the United States.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Establishment of Harbor Lines by Cities Generally [39930 - 39938] ( Article 2 added by Stats. 1949, Ch. 79. ) ## 39932. A city may exercise such power to the same extent which the State may exercise it or to which the State can grant such power to a city. Harbor lines shall not be fixed or established beyond or outside harbor lines established by the United States. (Added by Stats. 1949, Ch. 79.)
  101. 39933.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Establishment of Harbor Lines by Cities Generally [39930 - 39938] ( Article 2 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    Public navigable waters within or beside a city must remain open for free, unobstructed public navigation and access.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Establishment of Harbor Lines by Cities Generally [39930 - 39938] ( Article 2 added by Stats. 1949, Ch. 79. ) ## 39933. All navigable waters situated within or adjacent to city shall remain open to the free and unobstructed navigation of the public. Such waters and the water front of such waters shall remain open to free and unobstructed access by the people from the public streets and highways within the city. Public streets, highways, and other public rights of way shall remain open to the free and unobstructed use of the public from such waters and water front to the public streets and highways. (Added by Stats. 1949, Ch. 79.)
  102. 39934.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Establishment of Harbor Lines by Cities Generally [39930 - 39938] ( Article 2 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A city with navigable water may create and manage public streets, rights of way, and tideland fill projects for waterfront access, and must keep enough streets open if it fills land.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Establishment of Harbor Lines by Cities Generally [39930 - 39938] ( Article 2 added by Stats. 1949, Ch. 79. ) ## 39934. To secure the benefits of this article and of Article XV of the Constitution to such city and to the people generally, a city in which a navigable water is situated may: (a) By ordinance establish public streets and other public rights of way to the water over, upon, or along the tidelands in the city fronting on the navigable water, which streets and rights of way are required for connecting the navigable water with public streets of the city or for any other public purpose. (b) Lay out, open, widen, narrow, close up, construct, maintain, and improve such streets and other public rights of way. (c) Fill or authorize to be filled all or part of tidelands between the streets and between the mainland and established harbor lines. If lands are filled in, sufficient streets shall be opened and maintained open through or adjacent to the filled lands to allow the public convenient and adequate access to and along the water front of the lands and to the navigable waters. (Added by Stats. 1949, Ch. 79.)
  103. 39935.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Establishment of Harbor Lines by Cities Generally [39930 - 39938] ( Article 2 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A city may exercise the authority granted by this article over certain water frontage or tidelands.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Establishment of Harbor Lines by Cities Generally [39930 - 39938] ( Article 2 added by Stats. 1949, Ch. 79. ) ## 39935. The authority granted by this article may be exercised by a city over, along, or upon the water frontage or tidelands which it owns or which one claimed or possessed by any person. (Added by Stats. 1949, Ch. 79.)
  104. 39936.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Establishment of Harbor Lines by Cities Generally [39930 - 39938] ( Article 2 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    City ordinances adopted before August 10, 1913, that laid out, established, opened, constructed, maintained, or otherwise improved public streets or other public rights of way are confirmed and validated.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Establishment of Harbor Lines by Cities Generally [39930 - 39938] ( Article 2 added by Stats. 1949, Ch. 79. ) ## 39936. City ordinances for the laying out, establishing, opening, constructing, maintaining, or otherwise improving of public streets and other public rights of way adopted prior to August 10, 1913, are confirmed and validated. (Added by Stats. 1949, Ch. 79.)
  105. 39937.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Establishment of Harbor Lines by Cities Generally [39930 - 39938] ( Article 2 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    If a city ordinances a needed right of way to navigable water across city tidelands, a person claiming or possessing that frontage or tidelands must not interfere with the city’s work, exclude the right of way, or block its free use by the city or the public.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Establishment of Harbor Lines by Cities Generally [39930 - 39938] ( Article 2 added by Stats. 1949, Ch. 79. ) ## 39937. When by ordinance a city declares that any right of way to a body of navigable water in the city over, upon, or along the frontage of city tidelands is required for any public purpose, a person claiming or possessing such frontage or tidelands shall not: (a) Hinder the city in laying out, establishing, opening, constructing, or otherwise improving or maintaining the right of way. (b) Exclude the right of way. (c) Obstruct or prevent its free use by the city or the public generally. (Added by Stats. 1949, Ch. 79.)
  106. 39938.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Establishment of Harbor Lines by Cities Generally [39930 - 39938] ( Article 2 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    City ordinances adopted before August 10, 1913 that set harbor lines on or next to certain tidelands are confirmed and validated, unless they go beyond harbor lines set by the United States.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 15. Rivers, Streams, and Harbors [39900 - 39965] ( Chapter 15 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Establishment of Harbor Lines by Cities Generally [39930 - 39938] ( Article 2 added by Stats. 1949, Ch. 79. ) ## 39938. Ordinances of a city owning tidelands fronting on a navigable water situated within the city boundaries which were adopted prior to August 10, 1913, and which fix harbor lines upon or adjacent to such tidelands are confirmed and validated unless they extend beyond harbor lines established by the United States. (Added by Stats. 1949, Ch. 79.)
  107. 4.

    ## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This section says the code does not affect actions or proceedings started before it takes effect, or rights already accrued.

    ## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. ) ## 4. No action or proceeding commenced before this code takes effect, and no right accrued, is affected by this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible. (Enacted by Stats. 1943, Ch. 134.)
  108. 400.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. STATE SEAL, FLAG, AND EMBLEMS [399 - 447] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Great Seal of the State [399 - 405] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The Great Seal’s design must substantially match the stated representation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. STATE SEAL, FLAG, AND EMBLEMS [399 - 447] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Great Seal of the State [399 - 405] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 400. The design of the Great Seal of the State shall correspond substantially with the following representation thereof: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTICE OF INCOMPLETE TEXT: The Great Seal appears in the hard-copy publication of the chaptered bill. See Chapter 134, page 902, Statutes of 1943. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (Enacted by Stats. 1943, Ch. 134. Note: The Great Seal appears in Ch. 134 on page 902 of the 1943 Statutes publication.)
  109. 4000.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Cost Records to be Kept [4000 - 4007] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This chapter does not apply to maintenance work, emergency work, or work costing less than $15,000.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Cost Records to be Kept [4000 - 4007] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 4000. This chapter does not apply to maintenance work, work occasioned by emergency, and work costing less than fifteen thousand dollars ($15,000). (Amended by Stats. 1980, Ch. 623.)
  110. 4001.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Cost Records to be Kept [4000 - 4007] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This section defines “engineer” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Cost Records to be Kept [4000 - 4007] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 4001. As used in this chapter, “engineer” means the Director of Transportation, the Director of Water Resources, the Director of General Services, or a deputy or other person authorized by any such officer, and every county engineer, county surveyor, county highway engineer, road commissioner, city engineer, commissioner of public works, superintendent of streets, harbor engineer, flood control engineer, the engineer of any board or commission of the state, the engineer of any board or commission of any city, and the engineer of any reclamation, irrigation, or other district or political subdivision or agency of the state. (Amended by Stats. 1980, Ch. 212.)
  111. 4002.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Cost Records to be Kept [4000 - 4007] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This section defines “public work” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Cost Records to be Kept [4000 - 4007] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 4002. As used in this chapter, “public work” means the construction of any bridge, road, street, highway, ditch, canal, dam, tunnel, excavation, building or structure within the State by day’s labor or force account. (Enacted by Stats. 1943, Ch. 134.)
  112. 4003.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Cost Records to be Kept [4000 - 4007] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    An engineer responsible for a public work must keep an accurate account of the work’s cost.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Cost Records to be Kept [4000 - 4007] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 4003. The engineer directing, supervising or superintending the construction, or in charge of the engineering work for or in connection with public work shall keep an accurate account of the cost of the public work. (Enacted by Stats. 1943, Ch. 134.)
  113. 4004.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Cost Records to be Kept [4000 - 4007] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Before a public work starts, the engineer must prepare and file the required plans and specifications or an approved work authorization, plus a cost estimate, unless another law assigns that job to another officer or office.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Cost Records to be Kept [4000 - 4007] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 4004. Prior to the commencement of the public work, the engineer shall prepare and file in his office either full, complete and accurate plans and specifications or a work authorization approved by the engineer describing the work to be performed, and an estimate of the cost thereof, except where other and adequate provision is made by law requiring the preparation and filing of such plans, specifications and estimates of cost by some other officer or in some other office. (Amended by Stats. 1976, Ch. 225.)
  114. 4005.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Cost Records to be Kept [4000 - 4007] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    An engineer must prepare and file specified public-work information within 60 days after completion of the work, with the filing office depending on the location and type of office maintained.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Cost Records to be Kept [4000 - 4007] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 4005. Within 60 days from the completion of any public work, the engineer shall prepare and file in the office of the clerk of the board of supervisors of the county in which the public work is performed, or if the engineer maintains an office in the county where the work is performed, then in that office, or if any reclamation, irrigation or other district maintains an office, then in the office of his or her own district instead of the office of the clerk of the board of supervisors, the following information in addition to that required by Section 4004: (a) Names of bidders with prices bid, if bids there be. (b) Changes in adopted or approved plans and specifications or a work authorization describing the work to be performed. (c) That the work performed has or has not been done in accordance with these plans and specifications or work authorization. (d) The total cost of the work, segregated so as to show the actual cost of all labor, materials, equipment, engineering or architectural services, including the services of public employees in connection with that work, and other expense. The cost shown for equipment shall include rentals paid or, if the equipment is publicly owned, a reasonable amount for depreciation and the cost of repairs thereon while so used. (Amended by Stats. 2002, Ch. 221, Sec. 29. Effective January 1, 2003.)
  115. 4006.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Cost Records to be Kept [4000 - 4007] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The listed plans, specifications, work authorizations, and related information are open to inspection and examination as public records.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Cost Records to be Kept [4000 - 4007] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 4006. Plans, specifications, work authorizations describing work to be performed, and all other information referred to in this chapter are open to inspection and examination as a public record. (Amended by Stats. 1976, Ch. 225.)
  116. 4007.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Cost Records to be Kept [4000 - 4007] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    An engineer who wilfully violates this chapter commits a misdemeanor.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Cost Records to be Kept [4000 - 4007] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 4007. Every engineer who wilfully violates any of the provisions of this chapter is guilty of a misdemeanor. (Enacted by Stats. 1943, Ch. 134.)
  117. 401.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. STATE SEAL, FLAG, AND EMBLEMS [399 - 447] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Great Seal of the State [399 - 405] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Documents signed before August 27, 1937 by the Governor, the Secretary of State, or both are treated as valid if they bear an impression purporting to be the Great Seal of the State.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. STATE SEAL, FLAG, AND EMBLEMS [399 - 447] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Great Seal of the State [399 - 405] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 401. Any document signed prior to August 27, 1937, by the Governor, the Secretary of State, or both of them and bearing an impression purporting to be an impression of the Great Seal of the State has the same validity as if the impression thereon were an impression of the Great Seal of the State, whether or not it be in fact the impression of the Great Seal of the State. (Enacted by Stats. 1943, Ch. 134.)
  118. 40100.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 16. Advertising [40100 - 40103] ( Chapter 16 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The legislative body may, by ordinance, appropriate money for a city publicity or advertising fund.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 16. Advertising [40100 - 40103] ( Chapter 16 added by Stats. 1949, Ch. 79. ) ## 40100. By ordinance the legislative body may appropriate a sum for a city publicity or advertising fund. (Added by Stats. 1949, Ch. 79.)
  119. 40102.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 16. Advertising [40100 - 40103] ( Chapter 16 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The appropriated money may be used only in the manner and for the purposes stated in the appropriation ordinance.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 16. Advertising [40100 - 40103] ( Chapter 16 added by Stats. 1949, Ch. 79. ) ## 40102. The money appropriated may be used in the manner and for the purposes recited in the ordinance making the appropriation. (Added by Stats. 1949, Ch. 79.)
  120. 40103.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 16. Advertising [40100 - 40103] ( Chapter 16 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    This chapter is an alternative to other statutes that give similar powers.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 16. Advertising [40100 - 40103] ( Chapter 16 added by Stats. 1949, Ch. 79. ) ## 40103. This chapter is alternative to any other statute giving similar powers. (Added by Stats. 1949, Ch. 79.)
  121. 402.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. STATE SEAL, FLAG, AND EMBLEMS [399 - 447] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Great Seal of the State [399 - 405] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Using or allowing use of a reproduction or facsimile of the Great Seal for malicious or commercial purposes is a misdemeanor, with limited exceptions for specified museum/bookstore uses and a Sesquicentennial Commission agreement.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. STATE SEAL, FLAG, AND EMBLEMS [399 - 447] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Great Seal of the State [399 - 405] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 402. (a) Every person who maliciously or for commercial purposes uses or allows to be used any reproduction or facsimile of the Great Seal of the State in any manner whatsoever is guilty of a misdemeanor. (b) Notwithstanding subdivision (a), the Great Seal of the State may be used for commercial purposes by the Golden State Museum Store located at 1020 O Street in Sacramento, and by the Capitol Bookstore and Gift Shop located in the rotunda of the restored State Capitol Building. (c) Notwithstanding subdivision (a), the California Sesquicentennial Commission may enter into an agreement to use the Great Seal of the State for officially sanctioned products of the California Sesquicentennial celebration as approved by the commission. The funds received from these sales shall revert to the California Sesquicentennial Foundation and be used only for official Sesquicentennial celebration purposes. (Amended by Stats. 1999, Ch. 416, Sec. 1. Effective January 1, 2000.)
  122. 402.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. STATE SEAL, FLAG, AND EMBLEMS [399 - 447] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Great Seal of the State [399 - 405] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A person may not use or allow use of a reproduction or facsimile of the Great Seal of the State in campaign literature or mass mailings with intent to deceive voters.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. STATE SEAL, FLAG, AND EMBLEMS [399 - 447] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Great Seal of the State [399 - 405] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 402.5. (a) In addition to the acts prohibited by Section 402, a person who uses or allows to be used any reproduction or facsimile of the Great Seal of the State in any campaign literature or mass mailing, as defined in Section 82041.5, with intent to deceive the voters, is guilty of a misdemeanor. (b) For purposes of this section, the use of a reproduction or facsimile of a seal in a manner that creates a misleading, erroneous, or false impression that the document is authorized by a public official is evidence of intent to deceive. (Added by Stats. 2001, Ch. 387, Sec. 1. Effective January 1, 2002.)
  123. 40200.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [40200 - 40205] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The legislative body may take a city census between federal censuses, and the census must be validated by the Demographic Research Unit of the Department of Finance.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [40200 - 40205] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 40200. Pursuant to this article, the legislative body may take a census of the city between the years of taking the federal census. That census shall be validated by the Demographic Research Unit of the Department of Finance. (Amended by Stats. 2019, Ch. 29, Sec. 113. (SB 82) Effective June 27, 2019.)
  124. 40201.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [40200 - 40205] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    By resolution, the legislative body may declare its intention to have a census taken by persons it appoints, at city expense.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [40200 - 40205] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 40201. By resolution, the legislative body may declare its intention to cause a census to be taken by suitable persons appointed by it and at the city’s expense. (Added by Stats. 1949, Ch. 79.)
  125. 40202.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [40200 - 40205] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    Appointed persons must take the census of all inhabitants.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [40200 - 40205] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 40202. The census of all the inhabitants shall be taken by the appointed persons. (Added by Stats. 1949, Ch. 79.)
  126. 40203.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [40200 - 40205] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    Persons taking the census must enumerate all the inhabitants of the city.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [40200 - 40205] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 40203. The persons taking the census shall enumerate all the inhabitants of the city. (Amended by Stats. 1973, Ch. 806.)
  127. 40204.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [40200 - 40205] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    When the census is completed, it must be verified before an officer authorized to administer oaths and filed with the city clerk.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [40200 - 40205] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 40204. When completed, the census shall be verified before any officer authorized to administer oaths, and filed with the city clerk. (Added by Stats. 1949, Ch. 79.)
  128. 40205.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [40200 - 40205] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    After receiving the verified census, the clerk must make a certified copy.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [40200 - 40205] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 40205. Upon receipt of the verified census, the clerk shall make a certified copy. Thereafter it is the official census of the city. (Amended by Stats. 1973, Ch. 806.)
  129. 40230.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Special Census [40230 - 40236] ( Article 2 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A city legislative body may establish the city’s population for purposes of deciding where county offices will be established.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Special Census [40230 - 40236] ( Article 2 added by Stats. 1949, Ch. 79. ) ## 40230. For the purpose of determining where county offices shall be established, a city legislative body may establish the population of the city pursuant to this article. (Amended by Stats. 2003, Ch. 149, Sec. 18. Effective January 1, 2004.)
  130. 40231.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Special Census [40230 - 40236] ( Article 2 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The legislative body may adopt a resolution to take a city census in years when there is no federal census, and that census must be validated by the Department of Finance’s Demographic Research Unit.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Special Census [40230 - 40236] ( Article 2 added by Stats. 1949, Ch. 79. ) ## 40231. The Legislative body may adopt a resolution providing that a census be taken in the city to establish the population in years other than those in which a federal census is taken. That census shall be validated by the Demographic Research Unit of the Department of Finance. (Amended by Stats. 2019, Ch. 29, Sec. 114. (SB 82) Effective June 27, 2019.)
  131. 40232.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Special Census [40230 - 40236] ( Article 2 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    An ordinance must set the rules and regulations for taking the city census so the count of inhabitants is accurate.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Special Census [40230 - 40236] ( Article 2 added by Stats. 1949, Ch. 79. ) ## 40232. The ordinance shall prescribe the rules and regulations for taking the census to insure an accurate count of the inhabitants of the city. (Added by Stats. 1949, Ch. 79.)
  132. 40233.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Special Census [40230 - 40236] ( Article 2 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    Census takers must be appointed by the legislative body and sworn to faithfully perform their duties.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Special Census [40230 - 40236] ( Article 2 added by Stats. 1949, Ch. 79. ) ## 40233. Census takers shall be appointed by the legislative body and sworn to faithfully perform their duties. All reports of the census takers shall be sworn to before an officer authorized to take oaths. (Added by Stats. 1949, Ch. 79.)
  133. 40234.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Special Census [40230 - 40236] ( Article 2 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The city clerk must prepare a certified copy of the final census report.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Special Census [40230 - 40236] ( Article 2 added by Stats. 1949, Ch. 79. ) ## 40234. The city clerk shall prepare a certified copy of the final census report. Thereafter it is the official census of the city for the purposes of this article. (Amended by Stats. 1973, Ch. 806.)
  134. 40235.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Special Census [40230 - 40236] ( Article 2 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A city must bear the expense of taking the census.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Special Census [40230 - 40236] ( Article 2 added by Stats. 1949, Ch. 79. ) ## 40235. The expense of taking the census is a city charge. (Added by Stats. 1949, Ch. 79.)
  135. 40236.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Special Census [40230 - 40236] ( Article 2 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A non-decennial U.S. Census Bureau population count establishes a city’s population for this article, and the determination copy must be filed with the Demographic Research Unit of the Department of Finance.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 17. Census [40200 - 40236] ( Chapter 17 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Special Census [40230 - 40236] ( Article 2 added by Stats. 1949, Ch. 79. ) ## 40236. For the purposes of this article, any enumeration of population made by the United States Bureau of Census in any year other than that in which a decennial census is taken establishes the population of any city. A copy of that determination of population shall be filed in the Demographic Research Unit of the Department of Finance and thereafter is the official census of the city for the purposes of this article. (Amended by Stats. 2019, Ch. 29, Sec. 115. (SB 82) Effective June 27, 2019.)
  136. 403.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. STATE SEAL, FLAG, AND EMBLEMS [399 - 447] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Great Seal of the State [399 - 405] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    State grants and commissions must be issued in the state’s name, sealed with the Great Seal, signed by the Governor, and countersigned by the Secretary of State.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. STATE SEAL, FLAG, AND EMBLEMS [399 - 447] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Great Seal of the State [399 - 405] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 403. All grants and commissions shall be kept in the name and by the authority of the people of the State of California, sealed with the Great Seal of the state, signed by the Governor, and countersigned by the Secretary of State. (Added by Stats. 1966, 1st Ex. Sess., Ch. 161.)
  137. 404.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. STATE SEAL, FLAG, AND EMBLEMS [399 - 447] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Great Seal of the State [399 - 405] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A person must not say, directly or indirectly, that California is sponsoring or endorsing a world’s fair or exhibition unless the statement is specifically authorized by law.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. STATE SEAL, FLAG, AND EMBLEMS [399 - 447] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Great Seal of the State [399 - 405] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 404. (a) No person shall represent, either directly or indirectly, that the State of California is sponsoring or endorsing a world’s fair or exhibition unless the representation has been specifically authorized by law. Violation of this section is a misdemeanor. (b) The Board of Directors of the California Exposition and State Fair and its employees, as directed by the board, Members of the California State Legislature, and constitutional officers shall be exempt from the provisions of subdivision (a). (Amended by Stats. 1981, Ch. 1119, Sec. 2.)
  138. 40401.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 18. Public Works [40401 - 40473] ( Chapter 18 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [40401 - 40404] ( Heading of Article 1 amended by Stats. 1955, Ch. 624. )

    Verify source ↗

    The legislative body may choose to spend ordinary annual city income to pay all or part of certain public works costs.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 18. Public Works [40401 - 40473] ( Chapter 18 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [40401 - 40404] ( Heading of Article 1 amended by Stats. 1955, Ch. 624. ) ## 40401. In its discretion the legislative body may expend the ordinary annual city income to pay all or part of the cost of work to: (a) Establish, build, and repair bridges. (b) Acquire by purchase or otherwise land for squares, parks, playgrounds, and places within the city and improve, equip, and maintain them. (c) Establish, lay out, alter, keep open, improve, and repair streets, sidewalks, alleys, tunnels, and other public highways, and drain, sprinkle, oil, and light them. (d) Remove all obstructions from them. (e) Establish grades for them. (f) Grade, pave, gravel, and curb all or part of them. (g) Construct gutters, culverts, sidewalks, and crosswalks in all or on any part of them. (h) Cause shade trees to be planted, set out, and cultivated in them. (i) Generally manage and control all such highways, tunnels, and places. (Added by Stats. 1949, Ch. 79.)
  139. 40403.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 18. Public Works [40401 - 40473] ( Chapter 18 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [40401 - 40404] ( Heading of Article 1 amended by Stats. 1955, Ch. 624. )

    Verify source ↗

    If the legislative body decides a bridge is necessary, it may declare the need to take or damage private property and start the legal proceedings for that purpose.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 18. Public Works [40401 - 40473] ( Chapter 18 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [40401 - 40404] ( Heading of Article 1 amended by Stats. 1955, Ch. 624. ) ## 40403. When the legislative body deems it necessary for the city to construct a bridge connecting the city with an adjoining road district and it is necessary in constructing the bridge to take or damage private property within or without or within and without the city limits, by resolution the legislative body may declare the necessity of taking or damaging the property and direct and maintain proceedings for that purpose pursuant to law. (Added by Stats. 1949, Ch. 79.)
  140. 40404.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 18. Public Works [40401 - 40473] ( Chapter 18 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [40401 - 40404] ( Heading of Article 1 amended by Stats. 1955, Ch. 624. )

    Verify source ↗

    The legislative body may acquire private property by condemnation or otherwise when needed for certain public works purposes.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 18. Public Works [40401 - 40473] ( Chapter 18 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [40401 - 40404] ( Heading of Article 1 amended by Stats. 1955, Ch. 624. ) ## 40404. The legislative body may acquire private property by condemnation or otherwise when it is necessary to take or damage such property for: (a) Establishing, laying out, extending, and widening streets and other public highways and places within the city. (b) Rights of way for drains, sewers, and aqueducts. (c) Widening, straightening, or diverting the channels of streams. (d) The improvement of water fronts. (e) The acquisition or maintenance of public harbors. (f) Any other purposes authorized by law. (Added by Stats. 1949, Ch. 79.)
  141. 40460.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 18. Public Works [40401 - 40473] ( Chapter 18 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Drawbridges [40460- 40460.] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    A city may erect and maintain drawbridges across navigable streams when public necessity requires.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 18. Public Works [40401 - 40473] ( Chapter 18 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Drawbridges [40460- 40460.] ( Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 40460. When public necessity requires, a city may erect and maintain drawbridges across navigable streams that flow through or penetrate the city boundaries. (Added by Stats. 1949, Ch. 79.)
  142. 40470.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 18. Public Works [40401 - 40473] ( Chapter 18 added by Stats. 1949, Ch. 79. ) ## ARTICLE 3. Sidewalks [40470 - 40473] ( Article 3 added by Stats. 1971, Ch. 350. )

    Verify source ↗

    A general law city’s legislative body may impose a sidewalk installation charge, but the charge cannot exceed $3 per year.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 18. Public Works [40401 - 40473] ( Chapter 18 added by Stats. 1949, Ch. 79. ) ## ARTICLE 3. Sidewalks [40470 - 40473] ( Article 3 added by Stats. 1971, Ch. 350. ) ## 40470. The legislative body of a general law city may impose a sidewalk installation charge pursuant to this article. The charge shall not exceed three dollars ($3) annually on all businesses and residences located within the city, including trailer coaches valued under subdivision (e) of Section 10753.2 of the Revenue and Taxation Code. Each dwelling in a multiple-dwelling unit shall be considered a separate residence for purposes of such charge, but each business having a room or rooms subject to the tax imposed under Section 51030 shall be considered as a single business for purposes of such charge. (Added by Stats. 1971, Ch. 350.)
  143. 40471.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 18. Public Works [40401 - 40473] ( Chapter 18 added by Stats. 1949, Ch. 79. ) ## ARTICLE 3. Sidewalks [40470 - 40473] ( Article 3 added by Stats. 1971, Ch. 350. )

    Verify source ↗

    A special charge under Section 40470 can be imposed only under Article 3.5, and its amount and duration must be stated on the ballot.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 18. Public Works [40401 - 40473] ( Chapter 18 added by Stats. 1949, Ch. 79. ) ## ARTICLE 3. Sidewalks [40470 - 40473] ( Article 3 added by Stats. 1971, Ch. 350. ) ## 40471. The special charge described in Section 40470 shall only be imposed pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5. The charge shall be in an amount and for a period not to exceed five years which shall be stated on the ballot. (Amended by Stats. 2012, Ch. 330, Sec. 6. (SB 1090) Effective January 1, 2013.)
  144. 40472.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 18. Public Works [40401 - 40473] ( Chapter 18 added by Stats. 1949, Ch. 79. ) ## ARTICLE 3. Sidewalks [40470 - 40473] ( Article 3 added by Stats. 1971, Ch. 350. )

    Verify source ↗

    The legislative body may require that this charge be collected with city utility charges, billed on the same bill, and collected as one item.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 18. Public Works [40401 - 40473] ( Chapter 18 added by Stats. 1949, Ch. 79. ) ## ARTICLE 3. Sidewalks [40470 - 40473] ( Article 3 added by Stats. 1971, Ch. 350. ) ## 40472. The legislative body may provide that such charge shall be collected with, and not separately from, the charges for any utility service provided by the city and that all such charges shall be billed upon the same bill and collected as one item. (Added by Stats. 1971, Ch. 350.)
  145. 40473.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 18. Public Works [40401 - 40473] ( Chapter 18 added by Stats. 1949, Ch. 79. ) ## ARTICLE 3. Sidewalks [40470 - 40473] ( Article 3 added by Stats. 1971, Ch. 350. )

    Verify source ↗

    A special charge under this article may be used only for acquiring rights-of-way and building sidewalks on the city’s select system of city streets, excluding collection costs.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 18. Public Works [40401 - 40473] ( Chapter 18 added by Stats. 1949, Ch. 79. ) ## ARTICLE 3. Sidewalks [40470 - 40473] ( Article 3 added by Stats. 1971, Ch. 350. ) ## 40473. Any special charge imposed under this article, exclusive of the cost of collection, shall be used only for the acquisition of rights-of-way for, and the construction of sidewalks on, the city’s select system of city streets. (Added by Stats. 1971, Ch. 350.)
  146. 405.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. STATE SEAL, FLAG, AND EMBLEMS [399 - 447] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Great Seal of the State [399 - 405] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If the Great Seal of the State is prepared in color, specific colors must be used for each part of the seal.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. STATE SEAL, FLAG, AND EMBLEMS [399 - 447] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Great Seal of the State [399 - 405] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 405. When the Great Seal of the state is prepared in color, the following colors shall be used: The field of the seal shall be Independence Blue, Cable No. 70076; the outer circle shall be Golden Poppy, Cable No. 70071; the 31 stars and the words “Eureka” and “The Great Seal of the State of California” shall be white; the two circles bordering the words shall be Spanish Yellow, Cable No. 70068; the mountains shall be shades of Orchid, Cable No. 70133, and Amethyst, Cable No. 70134; the water shall be Grotto Blue, Cable No. 70022; the ships shall be Independence Blue, Cable No. 70076, and white; the smoke of the steamboat shall be Independence Blue, Cable No. 70076; the terrain shall be shades of Oakwood, Cable No. 70094, and Cork, Cable No. 70092; the miner’s shirt and pick shall be Plum, Cable No. 70135; the rocker, bowl, and shovel shall be Golden Poppy, Cable No. 70071; the face and arms of Goddess Minerva and of the miner shall be Ecru, Cable No. 70103; the helmet and breastplate of Minerva shall be Robins Egg, Cable No. 70204; the dress of Minerva shall be white; the robe of Minerva and the pants of the miner shall be Cardinal, Cable No. 70081; the shield of Minerva and the sheaf of wheat shall be Spanish Yellow, Cable No. 70068 and Oakwood, Cable No. 70094; the spear of Minerva shall be Oakwood, Cable No. 70094 and the tip white; the vine shall be Spring Green, Cable No. 70061; the grass shall be Irish Green, Cable No. 70168; the bear shall be in colors as set forth in Section 420. All white shall be Cable No. 70001. All Cable number colors herein specified are those of the Textile Color Card Association of the United States, Inc., New York. (Added by renumbering Section 403 (as added by Stats. 1967, Ch. 919) by Stats. 1969, Ch. 122.)
  147. 40500.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 1. Title and Policy [40500 - 40502] ( Article 1 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    This section says Chapter 19 is called the Municipal Federal Surplus Property Authority Law.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 1. Title and Policy [40500 - 40502] ( Article 1 added by Stats. 1963, Ch. 1227. ) ## 40500. This chapter shall be known as the Municipal Federal Surplus Property Authority Law. (Added by Stats. 1963, Ch. 1227.)
  148. 40501.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 1. Title and Policy [40500 - 40502] ( Article 1 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    The provision states California’s policy to let the people acquire, own, manage, improve, and dispose of surplus U.S. real property near or within cities and counties.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 1. Title and Policy [40500 - 40502] ( Article 1 added by Stats. 1963, Ch. 1227. ) ## 40501. It is hereby declared to be the policy of the State that to promote the public interest, economy, health, safety, education and general welfare of the cities, cities and counties, and counties in the State and of the residents and property owners therein, the people be empowered to acquire, own, maintain, operate, improve and dispose of surplus real properties of the United States which are within or contiguous to said cities, cities and counties, and counties. Because of the unique problem presented in so doing and of the facts and circumstances relative thereto, the creation of an authority within and separate and distinct from said cities, cities and counties, and counties is necessary. (Added by Stats. 1963, Ch. 1227.)
  149. 40502.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 1. Title and Policy [40500 - 40502] ( Article 1 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    When created, the authority must be a public corporation.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 1. Title and Policy [40500 - 40502] ( Article 1 added by Stats. 1963, Ch. 1227. ) ## 40502. Such authority, when created, shall constitute a public corporation. (Added by Stats. 1963, Ch. 1227.)
  150. 40506.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    The definitions in this article generally control how this chapter is read, unless the provision or context requires otherwise.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. ) ## 40506. Unless the provision or the context otherwise requires, the definitions set forth in this article govern the construction of this chapter. (Amended by Stats. 1967, Ch. 123.)
  151. 40507.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    “Authority” means a surplus property authority created under this chapter.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. ) ## 40507. “Authority” means a surplus property authority created pursuant to this chapter. (Added by Stats. 1963, Ch. 1227.)
  152. 40508.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    “Local agency” means a city, city and county, or county that creates the authority.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. ) ## 40508. “Local agency” means city, city and county, or county which creates the authority. (Added by Stats. 1963, Ch. 1227.)
  153. 40509.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    “Clerk” is defined as the clerk of the authority.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. ) ## 40509. “Clerk” means the clerk of the authority. (Added by Stats. 1963, Ch. 1227.)
  154. 40510.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    “Contract” is defined as a contract entered into by the authority to buy or otherwise acquire surplus real property under federal law.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. ) ## 40510. “Contract” means a contract entered into by the authority for the purchase or other acquisition of surplus real property under the Federal Property and Administration Services Act of 1949 or other federal law. (Added by Stats. 1963, Ch. 1227.)
  155. 40511.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    “Commission” means the legislative body of the authority.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. ) ## 40511. “Commission” means the legislative body of the authority. (Added by Stats. 1963, Ch. 1227.)
  156. 40512.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    “Commissioner” means a member of the commission.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. ) ## 40512. “Commissioner” means a member of the commission. (Added by Stats. 1963, Ch. 1227.)
  157. 40513.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    “Legislative body” means the city council or other legislative body of the local agency.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. ) ## 40513. “Legislative body” means the city council or other legislative body of the local agency. (Added by Stats. 1963, Ch. 1227.)
  158. 40515.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    This section defines “person” to include a broad set of individuals and business entities.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. ) ## 40515. “Person” includes any individual, firm, copartnership, association, corporation, trust, business trust or receiver or trustee or conservator for any thereof. (Added by Stats. 1963, Ch. 1227.)
  159. 40516.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    In this section, “President” means the presiding officer of the commission.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. ) ## 40516. “President” means the presiding officer of the commission. (Added by Stats. 1963, Ch. 1227.)
  160. 40517.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    “Property” means real property acquired under the Federal Property and Administration Services Act of 1949 or other federal law.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. ) ## 40517. “Property” means any real property acquired pursuant to the Federal Property and Administration Services Act of 1949, or other federal law. (Added by Stats. 1963, Ch. 1227.)
  161. 40518.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    “Treasurer” means the fiscal officer of the authority.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 2. Definitions [40506 - 40518] ( Article 2 added by Stats. 1963, Ch. 1227. ) ## 40518. “Treasurer” means the fiscal officer of the authority. (Added by Stats. 1963, Ch. 1227.)
  162. 40520.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 3. Surplus Property Authority [40520 - 40529] ( Article 3 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    Each city, city and county, or county has a public corporation called the surplus property authority.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 3. Surplus Property Authority [40520 - 40529] ( Article 3 added by Stats. 1963, Ch. 1227. ) ## 40520. There is, in each city, city and county, or county of the State, a public corporation known as the “surplus property authority” of the city, city and county, or county. (Added by Stats. 1963, Ch. 1227.)
  163. 40521.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 3. Surplus Property Authority [40520 - 40529] ( Article 3 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    The authority may not do business or use its powers until the legislative body passes an ordinance stating the authority is needed.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 3. Surplus Property Authority [40520 - 40529] ( Article 3 added by Stats. 1963, Ch. 1227. ) ## 40521. The authority shall not transact any business or exercise any powers unless and until the legislative body shall by ordinance declare that there is need for the authority to function in the city, city and county, or county. (Added by Stats. 1963, Ch. 1227.)
  164. 40522.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 3. Surplus Property Authority [40520 - 40529] ( Article 3 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    The legislative body may start the determination that an authority is needed to function, either on its own or after a petition signed by 100 residents is filed.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 3. Surplus Property Authority [40520 - 40529] ( Article 3 added by Stats. 1963, Ch. 1227. ) ## 40522. The determination that there is need for an authority to function may be initiated by the legislative body on its own motion or upon the filing of a petition signed by 100 residents of the city, city and county, or county asserting that there is need for an authority to function in the local agency and requesting that the legislative body so declare. (Added by Stats. 1963, Ch. 1227.)
  165. 40523.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 3. Surplus Property Authority [40520 - 40529] ( Article 3 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    If there is proof that the ordinance creating the authority was adopted, the authority is treated as established and may transact business and exercise its powers in proceedings involving it.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 3. Surplus Property Authority [40520 - 40529] ( Article 3 added by Stats. 1963, Ch. 1227. ) ## 40523. In any suit, action, or proceeding by or against or in any manner relating to an authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of the ordinance by the legislative body declaring the need for the authority to function. (Added by Stats. 1963, Ch. 1227.)
  166. 40524.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 3. Surplus Property Authority [40520 - 40529] ( Article 3 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    The legislative body may estimate and appropriate money for the authority’s administrative purposes, including by a two-thirds vote, and may attach conditions.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 3. Surplus Property Authority [40520 - 40529] ( Article 3 added by Stats. 1963, Ch. 1227. ) ## 40524. At the time the authority becomes authorized to transact business and exercise its powers, and from time to time thereafter, the legislative body, subject to the law governing the conduct of its fiscal affairs, may make an estimate of the amount of money required for administrative purposes of the authority, and by a two-thirds vote, appropriate such amounts to the authority as it deems necessary, subject to such conditions as it prescribes. (Added by Stats. 1963, Ch. 1227.)
  167. 40525.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 3. Surplus Property Authority [40520 - 40529] ( Article 3 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    The authority must file a detailed transactions report with the legislative body on the schedule the legislative body prescribes.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 3. Surplus Property Authority [40520 - 40529] ( Article 3 added by Stats. 1963, Ch. 1227. ) ## 40525. Quarterly, semiannually, or annually, as the legislative body prescribes, the authority shall file with the legislative body a detailed report of all its transactions, including a statement of all revenues and expenditures. (Added by Stats. 1963, Ch. 1227.)
  168. 40526.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 3. Surplus Property Authority [40520 - 40529] ( Article 3 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    The authority must publish an annual statement of its financial affairs, audited by independent certified public accountants, and publish it in an appropriate newspaper of general circulation.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 3. Surplus Property Authority [40520 - 40529] ( Article 3 added by Stats. 1963, Ch. 1227. ) ## 40526. At least once annually the authority shall publish a statement of all its financial affairs, audited by independent certified public accountants. The statement shall be published in a newspaper of general circulation, published in the city, city and county, or county or if none is so published then in such newspaper of general circulation as the authority may deem most likely to give notice to the residents of the local agency. (Added by Stats. 1963, Ch. 1227.)
  169. 40527.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 3. Surplus Property Authority [40520 - 40529] ( Article 3 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    If the authority has not acquired or possessed property, or contracted to acquire property, within four years after the ordinance declaring it needed was adopted, the legislative body may declare that the authority is no longer needed.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 3. Surplus Property Authority [40520 - 40529] ( Article 3 added by Stats. 1963, Ch. 1227. ) ## 40527. If within four years after the adoption of an ordinance declaring the need for an authority to function in a local agency, the authority has not acquired or entered into possession of any property, or entered into any contract for the acquisition of any property, the legislative body by ordinance may declare that there is no need for the authority to function. Upon the adoption of such ordinance, the offices of the commission become vacant and the capacity of the authority to transact business or exercise any power is suspended until the legislative body again adopts an ordinance declaring the need for the authority to function. (Added by Stats. 1963, Ch. 1227.)
  170. 40528.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 3. Surplus Property Authority [40520 - 40529] ( Article 3 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    After an ordinance says the authority is no longer needed and is in effect, the legislative body may wind up the authority’s affairs and hold title to its property for that purpose and for the local agency’s benefit.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 3. Surplus Property Authority [40520 - 40529] ( Article 3 added by Stats. 1963, Ch. 1227. ) ## 40528. After adoption of an ordinance declaring there is no need for an authority to function, and while it is in effect, the legislative body may wind up the affairs of the authority and has title to all property of the authority for such purpose and for the benefit of the local agency. (Added by Stats. 1963, Ch. 1227.)
  171. 40529.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 3. Surplus Property Authority [40520 - 40529] ( Article 3 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    After an authority is activated, the legislative body may transfer the authority’s property to the local agency by ordinance, and must then adopt an ordinance dissolving the authority.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 3. Surplus Property Authority [40520 - 40529] ( Article 3 added by Stats. 1963, Ch. 1227. ) ## 40529. At any time after the activation of an authority, the legislative body by a two-thirds vote may adopt an ordinance transferring the property of the authority to the local agency, and the local agency may through such department, board, officer, or agency, as it determines, exercise its powers in regard to such property by virtue of the Constitution, its charter, this chapter or any general law. The legislative body shall thereupon adopt an ordinance dissolving the authority. No such transfer or dissolution shall be made in contravention of any covenant or agreement made that is issued and outstanding. (Added by Stats. 1963, Ch. 1227.)
  172. 40530.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    The legislative body is the ex officio governing body of the authority and is called the Surplus Property Commission.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40530. The legislative body shall be ex officio the governing body of the authority, and shall be known as the Surplus Property Commission. (Added by Stats. 1963, Ch. 1227.)
  173. 40531.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    Members of the legislative body are the members of the commission and are called Surplus Property Commissioners.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40531. The members of the legislative body shall be the members of the commission, and shall be known as Surplus Property Commissioners. (Added by Stats. 1963, Ch. 1227.)
  174. 40532.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    The presiding officer of the legislative body, or another commission-appointed member, is the president of the Surplus Property Commission.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40532. The presiding officer of the legislative body, or other member appointed by the commission, shall be the president of the Surplus Property Commission. (Added by Stats. 1963, Ch. 1227.)
  175. 40533.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    The commission must appoint the clerk of the legislative body or another competent person as clerk of the authority.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40533. The commission shall appoint as clerk of the authority, the clerk of the legislative body or other competent person. (Added by Stats. 1963, Ch. 1227.)
  176. 40534.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    The commission must appoint the authority’s treasurer from the local agency’s treasurer or another local agency officer who performs treasurer duties.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40534. The commission shall appoint as treasurer of the authority, the treasurer of the local agency or other officer of the local agency that performs the duties of treasurer. This section shall not apply to the appointment of members of the commission or its president. (Added by Stats. 1963, Ch. 1227.)
  177. 40535.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    The commission may appoint a manager for the authority from certain local agency officials or another competent person.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40535. The commission may appoint as manager of the authority, the manager or administrative officer of the local agency or other competent person. (Added by Stats. 1963, Ch. 1227.)
  178. 40536.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    The commission may appoint its attorney, engineer, or other officer from the local agency’s attorney, engineer, or other officer, or from another competent person.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40536. The commission may appoint as its attorney, engineer or other officer, the attorney, engineer, or other officer of the local agency, or other competent person. (Added by Stats. 1963, Ch. 1227.)
  179. 40537.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    Each officer must take and sign the official oath, and file it with the clerk, before starting office duties.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40537. Before entering upon the duties of an office, each officer shall take and subscribe the official oath and file it with the clerk. The oath of office may be taken before the clerk, any member of the commission, or any officer authorized by law to administer oaths. (Amended by Stats. 2018, Ch. 467, Sec. 37. (SB 1498) Effective January 1, 2019.)
  180. 40538.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    The treasurer’s bond must cover the treasurer’s duties as ex officio treasurer of the authority.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40538. The bond of the treasurer of the local agency shall cover the treasurer’s duties as ex officio treasurer of the authority. (Amended by Stats. 2018, Ch. 467, Sec. 38. (SB 1498) Effective January 1, 2019.)
  181. 40539.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    A commissioner must be paid traveling and other employment-related expenses if the commission allows it.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40539. If allowed by the commission, a commissioner shall receive traveling and other expenses incurred in the course of employment. (Amended by Stats. 2018, Ch. 467, Sec. 39. (SB 1498) Effective January 1, 2019.)
  182. 40540.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    The commission must set compensation amounts and arrange payment of expenses for its other officers and employees.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40540. The commission shall fix the amount of compensation and provide for the payment of expenses of its other officers and employees. (Added by Stats. 1963, Ch. 1227.)
  183. 40541.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    The commissioners must meet and organize as a board of commissioners within 30 days after the effective date of the ordinance in Section 40521.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40541. Within 30 days after the effective date of the ordinance provided in Section 40521, the commissioners shall meet and organize as a board of commissioners. (Added by Stats. 1963, Ch. 1227.)
  184. 40542.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

    Verify source ↗

    The commission must designate its president and clerk, appoint other officers it considers advisable, and set the time and place of its regular and special meetings.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40542. The commission shall: (a) Designate the presiding officer of the legislative body or one of its members president. (b) Designate the clerk of the legislative body or other competent person as its clerk. (c) Appoint such other officers as it deems advisable. (d) Provide for the time and place of holding its regular and special meetings. (Added by Stats. 1963, Ch. 1227.)
  185. 40543.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

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    At its organization meeting, the commission may conduct any business of the authority.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40543. At its organization meeting the commission may transact any business of the authority. (Added by Stats. 1963, Ch. 1227.)
  186. 40544.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

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    The commission is the governing body of the authority.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40544. The commission is the governing body of the authority. (Added by Stats. 1963, Ch. 1227.)
  187. 40545.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

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    The commission exercises the powers given to the authority in this chapter, unless the chapter says otherwise.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40545. The powers of the authority enumerated in this chapter shall, except as therein otherwise provided, be exercised by the commission. (Added by Stats. 1963, Ch. 1227.)
  188. 40546.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

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    The commission must act according to the manner and laws that apply to the legislative body.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40546. The commission shall act in the manner and subject to the laws provided for the legislative body. (Added by Stats. 1963, Ch. 1227.)
  189. 40547.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

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    A majority of the commission is needed to make a quorum for business.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40547. A majority of the commission shall constitute a quorum for the transaction of business. (Added by Stats. 1963, Ch. 1227.)
  190. 40548.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

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    The commission cannot pass or make effective an ordinance, resolution, or motion unless a majority of its members vote yes.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40548. No ordinance, resolution or motion shall be passed or become effective without the affirmative votes of at least a majority of the members of the commission. (Added by Stats. 1963, Ch. 1227.)
  191. 40549.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

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    For commission business, the ayes and noes must be recorded on the passage of ordinances, resolutions, and motions unless all members present and voting act unanimously.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40549. Except where action is taken by the unanimous vote of all members present and voting, the ayes and noes shall be taken upon the passage of all ordinances, resolutions, or motions and entered upon the minutes of the commission. (Added by Stats. 1963, Ch. 1227.)
  192. 40550.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

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    Ordinances passed by the commission must use the stated enacting clause.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40550. The enacting clause of all ordinances passed by the commission shall be: “Be it ordained by the board of commissioners of (local agency) Surplus Property Authority as follows:” (Added by Stats. 1963, Ch. 1227.)
  193. 40551.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

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    Ordinances must be signed by the president and attested by the clerk.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40551. All ordinances shall be signed by the president and attested by the clerk. (Added by Stats. 1963, Ch. 1227.)
  194. 40552.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

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    The commission’s legislative sessions must comply with Chapter 9 of the Government Code, starting at Section 54950.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40552. All legislative sessions of the commission shall be subject to the provisions of Chapter 9 (commencing with Section 54950) of Part 1, Division 2, Title 5 of the Government Code. (Added by Stats. 1963, Ch. 1227.)
  195. 40553.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

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    The commission must establish rules for its proceedings.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40553. The commission shall establish rules for its proceedings. (Added by Stats. 1963, Ch. 1227.)
  196. 40554.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

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    Each commission member and the clerk may administer oaths and affirmations for testimony before the commission.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40554. Each member of the commission, or the clerk, may administer oaths and affirmations in connection with the taking of testimony at any hearing, investigation, or other matter pending before the commission. (Added by Stats. 1963, Ch. 1227.)
  197. 40555.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

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    The president must sign all contracts for the authority and must also carry out other duties assigned by the commission.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40555. The president shall: (a) Sign all contracts on behalf of the authority. (b) Perform other duties imposed by the commission. (Added by Stats. 1963, Ch. 1227.)
  198. 40556.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

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    The clerk must countersign all contracts for the authority and perform other duties assigned by the commission.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40556. The clerk shall: (a) Countersign all contracts on behalf of the authority. (b) Perform other duties imposed by the commission. (Added by Stats. 1963, Ch. 1227.)
  199. 40557.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

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    The manager may act on the commission’s approval and must manage the authority’s property, handle employees, set compensation, carry out commission-assigned duties, and report to the commission.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40557. The manager, subject to the approval of the commission, shall: (a) Have full charge and control of the acquisition, maintenance, operation, improvement and disposal of the property of the authority. (b) Have full power and authority to employ and discharge all employees and assistants. (c) Prescribe the duties of employees and assistants. (d) Fix and alter the compensation of employees and assistants. (e) Perform other duties imposed by the commission. (f) Report to the commission in accordance with the rules and regulations that it adopts. (Added by Stats. 1963, Ch. 1227.)
  200. 40557.1.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. )

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    If a local agency has a personnel, merit, or civil service system, the authority and commission must adopt that same system by reference for their own officers and employees.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 19. Surplus United States Property [40500 - 40592] ( Chapter 19 added by Stats. 1963, Ch. 1227. ) ## ARTICLE 4. Surplus Property Commission and Officers [40530 - 40558] ( Article 4 added by Stats. 1963, Ch. 1227. ) ## 40557.1. Where the local agency has established or establishes by ordinance a personnel system, merit system or civil service system, the authority and the commission shall incorporate by reference for their own officers and employees the identical system utilized by the local agency. (Added by Stats. 1963, Ch. 1227.)

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