Harbors and Navigation Code — Part 3 | HNC — United States — California law | Esheria

Harbors and Navigation Code

Part 3 of 7 · provisions 401–600

This section says the act is called the Harbors and Navigation Code.

Jurisdiction
United States — California
Instrument
Code
Citation
HNC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
Charter boat safety Harbor and port districts abandoned property abandoned watercraft accident reporting accounting accounting and audit accounting methods administration administrative adjudication administrative compliance administrative costs administrative deadlines administrative enforcement administrative hearing administrative hearings administrative orders administrative procedure administrative review administrative rulemaking advertising advertising compliance advisory committee agency +1,565 more

Statute overview

About this statute

Navigable waters and sufficiently large streams are public ways for navigation and transport. Floodwaters temporarily above the normal high-water mark outside a watercourse’s banks are excluded, and this section does not allow trespass. This section declares several named streams, waters, and parts of waterways to be navigable public ways. This section lists certain streams and waters as navigable public ways. This section lists several streams and waters as navigable public ways. This section lists specific streams and waters that are navigable public ways.

Read the provisions Ask with citations

Legal text

Provisions of Harbors and Navigation Code

Showing 200 of 1,303

  1. 446.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. )

    Verify source ↗

    Covered vessels must report specified vessel information to the marine exchange before entering the VTS area, and must comply with Section 447.5 while transiting the VTS area.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. ) ## 446. Prior to entering the VTS area, every covered vessel shall report to the marine exchange the vessel’s name, call sign, location, course, speed, destination, estimated time of arrival, and any impairment to the operation or navigation of the vessel, and, while transiting the VTS area, every covered vessel shall comply with the requirements of Section 447.5. (Amended by Stats. 1996, Ch. 362, Sec. 7. Effective January 1, 1997.)
  2. 446.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. )

    Verify source ↗

    The Ports of Los Angeles and Long Beach may charge fees on covered vessels in the VTS area to cover vessel traffic service operating costs.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. ) ## 446.5. The Ports of Los Angeles and Long Beach may impose fees upon all covered vessels within the VTS area to pay the cost of operating the vessel traffic service. (Added by Stats. 1991, Ch. 969, Sec. 2.)
  3. 447.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. )

    Verify source ↗

    Certain vessels transiting the VTS area must comply with Section 447.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. ) ## 447. The following vessels, while transiting the VTS area, shall comply with the requirements of Section 447.5: (a) Every power-driven vessel of 20 meters or more in length. (b) Every vessel of 100 gross tons or more carrying one or more passengers for hire. (c) Every dredge and floating plant. (Added by Stats. 1996, Ch. 362, Sec. 9. Effective January 1, 1997.)
  4. 447.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. )

    Verify source ↗

    While transiting the VTS area, certain vessels must monitor or communicate on the designated radio channel, answer the marine exchange promptly, use English, and follow non-conflicting VTS measures.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. ) ## 447.5. While transiting the VTS area, every vessel described in Sections 445.5 and 447 shall do all of the following: (a) Maintain continuous radio monitoring or communication with the marine exchange on the radio channel dedicated to the vessel traffic service. (b) Respond promptly when hailed by the marine exchange. (c) Communicate with the marine exchange in the English language. (d) Comply with all VTS measures established by the marine exchange that do not conflict with federal and state statutes or regulations or the Los Angeles and Long Beach Harbor Safety Plan prepared pursuant to Section 8670.23.1 of the Government Code. (Added by Stats. 1996, Ch. 362, Sec. 10. Effective January 1, 1997.)
  5. 448.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. )

    Verify source ↗

    The vessel traffic service is advisory only, and vessels in the VTS area remain responsible for safe navigation.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. ) ## 448. The vessel traffic service shall be advisory in nature. Nothing in this article relieves, or is intended to relieve, any vessel, its owners, agents, charterers, operators, or other responsible or designated parties of command of the vessel or of any responsibilities they would otherwise have respecting the navigation and operation of any vessel. Each vessel within the VTS area shall be responsible for its safe navigation in accordance with the International Regulations for Preventing Collisions at Sea (1972) and any other international and local rules and regulations. (Added by renumbering Section 447 by Stats. 1996, Ch. 362, Sec. 8. Effective January 1, 1997.)
  6. 448.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. )

    Verify source ↗

    Vessels covered by this article must indemnify and hold harmless the marine exchange, and they may not assert claims against it, subject to the subdivision preserving gross-negligence or willful-misconduct issues.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. ) ## 448.5. (a) It shall be understood and agreed, and shall be the essence of the marine exchange’s operation of the vessel traffic service, that the marine exchange act as agent of each vessel subject to the requirements of this article within the VTS area in providing vessel traffic information and performing all other acts incidental to operation of the vessel traffic service. (b) No vessel subject to the requirements of this article shall assert any claim against the marine exchange or any officer, director, employee, or representative of the marine exchange for any damage, loss, or expense, including any rights of indemnity or other rights of any kind, sustained by the vessel or its owners, agents, charterers, operators, crew, or third parties arising out of, or connected with, directly or indirectly, the marine exchange’s operation of the vessel traffic service, even though resulting in whole or in part from negligent acts or omissions, of the marine exchange or any officer, director, employee, or representative of the marine exchange. (c) Each vessel subject to the requirements of this article shall defend, indemnify, and hold harmless the marine exchange and its officers, directors, employees, and representatives from any and all claims, suits, or actions of any nature by whomsoever asserted, even though resulting or alleged to have resulted from negligent acts or omissions of the marine exchange or an officer, director, employee, or representative of the marine exchange. (d) Nothing in subdivisions (b) and (c) shall affect liability or rights that may arise by reason of the gross negligence or intentional or willful misconduct of the marine exchange or an officer, director, employee, or representative of the marine exchange in the operation of the vessel traffic service. (Added by renumbering Section 448 by Stats. 1996, Ch. 362, Sec. 11. Effective January 1, 1997.)
  7. 449.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. )

    Verify source ↗

    The marine exchange and its officers and directors are subject to Section 5047.5 if the exchange meets that section’s criteria. This section also says the marine exchange and related persons are not treated as a “responsible party” for the listed oil spill act purposes.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. ) ## 449. (a) The marine exchange and its officers and directors are subject to Section 5047.5 of the Corporations Code to the extent that the marine exchange meets the criteria specified in that section. (b) Nothing in this section shall be deemed to include the marine exchange or its officers, directors, employees, or representatives within the meaning of “responsible party” as defined in Section 8670.3 of the Government Code and subdivision (p) of Section 8750 of the Public Resources Code for the purposes of the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act (Article 3.5 (commencing with Section 8574.1) of Chapter 7 and Chapter 7.4 (commencing with Section 8670.1) of Division 1 of Title 2 of the Government Code and Division 7.8 (commencing with Section 8750) of the Public Resources Code). (Amended by Stats. 2014, Ch. 35, Sec. 61. (SB 861) Effective June 20, 2014.)
  8. 449.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. )

    Verify source ↗

    The marine exchange must fully cooperate with the administrator on developing and implementing the vessel traffic service system. If the administrator certifies that the Coast Guard has started operating a fully federally funded system for the Los Angeles/Long Beach harbor, the marine exchange’s Section 445 authorization to operate a vessel traffic service is revoked.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. ) ## 449.3. The marine exchange shall cooperate fully with the administrator appointed pursuant to Section 8670.4 of the Government Code in the development and implementation of the vessel traffic service system required by Section 8670.21 of the Government Code. Upon certification by the administrator that, pursuant to Section 8670.21, the Coast Guard has commenced operation of a fully federally funded vessel traffic service system for the Los Angeles/Long Beach harbor, the authorization contained in Section 445 for the marine exchange to operate a vessel traffic service is revoked. (Amended by Stats. 2004, Ch. 796, Sec. 40. Effective January 1, 2005.)
  9. 449.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. )

    Verify source ↗

    The administrator may require reports from the marine exchange, review whether the vessel traffic service meets required plans and standards, and order changes if it does not.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. ) ## 449.5. (a) Upon request by the administrator, the marine exchange shall submit a complete description and operational status report of the vessel traffic service. After a public hearing, the administrator shall, in accordance with paragraph (8) of subdivision (f) of Section 8670.21 of the Government Code, determine whether the elements and operation of the vessel traffic service are consistent with the harbor safety plan for the Los Angeles and Long Beach harbors developed pursuant to Section 8670.23.1 of the Government Code and the standards of a statewide vessel traffic service plan or system developed pursuant to Section 8670.21 of the Government Code. (b) If, pursuant to subdivision (a), the administrator determines that the vessel traffic service is inconsistent with the harbor safety plan for the Los Angeles and Long Beach harbors developed pursuant to Section 8670.23.1 of the Government Code and the standards of a statewide vessel traffic service plan or vessel traffic monitoring and communications system developed pursuant to Section 8670.21 of the Government Code, the administrator shall issue an order to the marine exchange which specifies modifications to the vessel traffic service to eliminate the inconsistencies. (c) If the marine exchange has not complied with an order within six months of issuance, then the administrator, after a public hearing, may take any or all of the following actions: (1) Impose on the marine exchange an administrative fine of not more than five thousand dollars ($5,000) for each day the marine exchange does not comply with the administrator’s order. (2) Administratively revoke the authorization provided to the marine exchange by Section 445 to operate the vessel traffic service. (d) If authorization for the marine exchange to operate the vessel traffic service is revoked pursuant to this section, the administrator shall take any action that is necessary to expeditiously establish a vessel traffic service for the Los Angeles and Long Beach harbors. The action may include the assessment of fees on vessels, port users, and ports, and the making of needed expenditures, as provided in subdivision (d) of Section 8670.21. (Amended by Stats. 2004, Ch. 796, Sec. 41. Effective January 1, 2005.)
  10. 450.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Bottomry is a contract where a vessel or its freightage is used as security for a loan, and repayment is due only if the vessel survives a specified risk, voyage, or period.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 450. Bottomry is a contract by which a vessel or its freightage is hypothecated as security for a loan, which is to be repaid only if the vessel survives a particular risk, voyage, or period. (Enacted by Stats. 1937, Ch. 368.)
  11. 451.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The owner of a vessel may hypothecate the vessel or its freightage under bottomry for any lawful purpose.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 451. The owner of a vessel may hypothecate it or its freightage, upon bottomry, for any lawful purpose, and at any time and place. (Enacted by Stats. 1937, Ch. 368.)
  12. 452.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The master of a vessel may hypothecate it upon bottomry only to get necessary repairs or supplies for the voyage or to secure the vessel’s safety.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 452. The master of a vessel may hypothecate it upon bottomry only for the purpose of procuring repairs or supplies which are necessary for accomplishing the objects of the voyage, or for securing the safety of the vessel. (Enacted by Stats. 1937, Ch. 368.)
  13. 453.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A vessel’s master may hypothecate the vessel upon bottomry only under urgent necessity and only if the owner’s funds or personal credit cannot be reached.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 453. The master of a vessel can hypothecate it upon bottomry only when he can not otherwise relieve the necessities of the vessel, and is unable to reach adequate funds of the owner, or to obtain any funds upon the personal credit of the owner, and when previous communication with the owner is precluded by the urgent necessity of the case. (Enacted by Stats. 1937, Ch. 368.)
  14. 454.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The master of a vessel may hypothecate freightage upon bottomry, if the same circumstances exist that would allow hypothecation of the vessel.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 454. The master of a vessel may hypothecate freightage upon bottomry, under the same circumstances as those which authorize an hypothecation of the vessel by him. (Enacted by Stats. 1937, Ch. 368.)
  15. 455.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    In a bottomry contract, the parties may agree to a higher interest rate than is allowed on other contracts, but a competent court may reduce the rate if it is unjustifiable and exorbitant.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 455. Upon a contract of bottomry, the parties may lawfully stipulate for a rate of interest higher than that allowed by the law upon other contracts. But a competent court may reduce the rate stipulated when it appears unjustifiable and exorbitant. (Enacted by Stats. 1937, Ch. 368.)
  16. 456.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A lender on a bottomry contract made by a vessel’s master may enforce the contract even if the master lacked actual authority, if the lender investigated and honestly and reasonably believed the needed circumstances existed.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 456. A lender upon a contract of bottomry, made by the master of a vessel, as such, may enforce the contract, though the circumstances necessary to authorize the master to hypothecate the vessel did not in fact exist, if, after due diligence and inquiry, the lender had reasonable grounds to believe, and did in good faith believe, in the existence of such circumstances. (Enacted by Stats. 1937, Ch. 368.)
  17. 457.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A bottomry contract cannot validly make the loan liable apart from the maritime risks.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 457. A stipulation in a contract of bottomry, imposing any liability for the loan independent of the maritime risks, is void. (Enacted by Stats. 1937, Ch. 368.)
  18. 458.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A bottomry lender cannot recover anything if the hypothecated thing is totally lost from the risk covered by the loan, and can recover only the net value of the part saved if there is a partial loss.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 458. If there is a total loss of the thing hypothecated, from a risk to which the loan was subject, the lender upon bottomry can recover nothing; if a partial loss, he can recover only to the extent of the net value to the owner of the part saved. (Enacted by Stats. 1937, Ch. 368.)
  19. 459.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A bottomry loan is due immediately when the risk ends, unless the parties expressly agree otherwise.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 459. Unless it is otherwise expressly agreed, a bottomry loan becomes due immediately upon the termination of the risk, although a term of credit is specified in the contract. (Enacted by Stats. 1937, Ch. 368.)
  20. 460.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A bottomry lien does not depend on possession, but it is lost if not enforced within a reasonable time.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 460. A bottomry lien is independent of possession, and is lost by omission to enforce it within a reasonable time. (Enacted by Stats. 1937, Ch. 368.)
  21. 461.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A bottomry lien made from real or apparent necessity and in good faith has priority over other liens or claims on the same thing, except for listed liens.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 461. A bottomry lien, if created out of a real or apparent necessity, in good faith, is preferred to every other lien or claim upon the same thing, excepting only a lien for seamen’s wages, a subsequent lien of material-men for supplies or repairs indispensable to the safety of the vessel, and a subsequent lien for salvage. (Enacted by Stats. 1937, Ch. 368.)
  22. 462.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If there are two or more bottomry liens on the same subject, the later lien takes priority when it was created out of necessity.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 1. Bottomry [450 - 462] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 462. Of two or more bottomry liens on the same subject, the latter in date has preference, if created out of necessity. (Enacted by Stats. 1937, Ch. 368.)
  23. 470.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 2. Respondentia [470 - 474] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Respondentia is a contract where all or part of a cargo is pledged as security for a loan, and repayment depends on maritime risks.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 2. Respondentia [470 - 474] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 470. Respondentia is a contract by which all or part of a cargo is hypothecated as security for a loan, the repayment of which is dependent on maritime risks. (Enacted by Stats. 1937, Ch. 368.)
  24. 471.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 2. Respondentia [470 - 474] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The owner of cargo may hypothecate the cargo upon respondentia.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 2. Respondentia [470 - 474] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 471. The owner of cargo may hypothecate it upon respondentia, at any time and place, and for any purpose. (Enacted by Stats. 1937, Ch. 368.)
  25. 472.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 2. Respondentia [470 - 474] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The master of a vessel may hypothecate cargo upon respondentia only if specified conditions are met.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 2. Respondentia [470 - 474] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 472. The master of a vessel may hypothecate its cargo upon respondentia only if all of the following conditions exist: (a) He would be authorized to hypothecate the vessel and freightage. (b) He is unable to borrow sufficient money on the vessel and freightage for repairs or supplies which are necessary for the successful accomplishment of the voyage. (c) There is a reasonable prospect of benefiting the cargo. (Enacted by Stats. 1937, Ch. 368.)
  26. 473.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 2. Respondentia [470 - 474] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The owner of a vessel must repay the cargo owner for amounts the cargo owner had to pay to discharge a lien under a respondentia contract made by the master.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 2. Respondentia [470 - 474] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 473. The owner of a vessel is bound to repay to the owner of its cargo all which the latter is compelled to pay in order to discharge a lien under a contract of respondentia made by the master. (Enacted by Stats. 1937, Ch. 368.)
  27. 474.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 2. Respondentia [470 - 474] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Sections 455 to 462 apply equally to loans on respondentia.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 2. Respondentia [470 - 474] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 474. The provisions of sections 455 to 462 of this code apply equally to loans on respondentia. (Enacted by Stats. 1937, Ch. 368.)
  28. 490.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. )

    Verify source ↗

    Debts of at least $50 contracted for the benefit of vessels can become liens in the situations described in Section 491. Related actions must be brought against known owners by name, and if the owners are unknown, that must be stated in the complaint.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. ) ## 490. Debts amounting to at least fifty dollars ($50), contracted for the benefit of vessels, are liens in the cases provided in Section 491. Actions for any of the causes specified in Section 491 shall be brought against the owners by name, if known, but if not known, that fact shall be stated in the complaint, and the defendants shall be designated as unknown owners. Other persons having a lien upon the vessel may be made defendants to the action, the nature and amount of such lien being stated in the complaint. (Amended by Stats. 1970, Ch. 1341.)
  29. 491.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. )

    Verify source ↗

    All vessels are liable for certain claims, and those claims become liens on the vessels.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. ) ## 491. All vessels are liable for: (a) Services rendered on board at the request of, or under contract with, their respective owners, masters, agents, or consignees. (b) Supplies furnished in this State for their use, at the request of their respective owners, masters, agents, or consignees. (c) Work done or materials furnished in this State for their construction, repair, or equipment. (d) Their wharfage and anchorage within this State. (e) Breach of any contract for the transportation of persons or property between places within this State, made by their respective owners, masters, agents, or consignees. (f) Injuries caused by them to persons or property, in this State. Demands for these several causes constitute liens upon all vessels, have priority in the order enumerated, and have preference over all other demands; but such liens only continue in force for the period of one year from the time the cause of action accrued. (Enacted by Stats. 1937, Ch. 368.)
  30. 492.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. )

    Verify source ↗

    The master of a vessel has a general lien on the vessel and freightage for necessary advances or liabilities made for the vessel’s benefit, but not for wages.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. ) ## 492. The master of a vessel has a general lien, independent of possession, upon the vessel and freightage, for advances necessarily made or liability necessarily incurred by him for the benefit of the vessel, but he has no lien for wages. (Enacted by Stats. 1937, Ch. 368.)
  31. 493.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. )

    Verify source ↗

    Mate and seamen of a vessel have a lien on the vessel and freightage for their wages, and it ranks ahead of other liens.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. ) ## 493. The mate and seamen of a vessel have a general lien, independent of possession, upon the vessel and freightage, for their wages, which is superior to every other lien. (Enacted by Stats. 1937, Ch. 368.)
  32. 494.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. )

    Verify source ↗

    If a vessel fastened to a federally maintained buoy or beacon damages, misplaces, or destroys it, the legally ascertained repair or replacement cost becomes a lien on the vessel and can be recovered from the vessel and its owner.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. ) ## 494. The cost of repairing or replacing any buoy or beacon which is maintained by authority of the United States Bureau of Lighthouses which may be misplaced, damaged, or destroyed by any vessel being made fast to it, is, when the cost is legally ascertained, a lien upon the vessel, and is recoverable against it and its owner. (Enacted by Stats. 1937, Ch. 368.)
  33. 495.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. )

    Verify source ↗

    In vessel actions under this chapter, the complaint must name the vessel and be verified by the plaintiff’s oath or someone acting for the plaintiff. Service of the summons and complaint goes to the owners if they can be found; otherwise, it may go to the master, mate, or person in charge of the vessel.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. ) ## 495. In any action brought pursuant to the provisions of this chapter, the complaint shall designate the vessel by name, and shall be verified by the oath of the plaintiff, or someone on his behalf. The summons and copy of the complaint shall be served on the owners if they can be found; otherwise, they may be served on the master, mate, or person having charge of the vessel. (Added by Stats. 1970, Ch. 1341.)
  34. 495.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. )

    Verify source ↗

    A plaintiff may have a vessel attached as security for a possible judgment, and a writ of attachment may be issued without the showing otherwise required by Section 485.010.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. ) ## 495.1. Notwithstanding Section 483.010 of the Code of Civil Procedure, the plaintiff, at the time of issuing the summons, or at any time afterwards, may have the vessel, with its tackle, appurtenances, appliances, furnishings, and furniture, attached as security for the satisfaction of any judgment that may be recovered in the action. A writ of attachment may be issued in the manner provided by Chapter 5 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure without the showing required by Section 485.010 of the Code of Civil Procedure. (Amended by Stats. 1974, Ch. 1516.)
  35. 495.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. )

    Verify source ↗

    A writ must be directed to the county sheriff or court marshal, who must attach the vessel and keep it in custody until discharged by law.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. ) ## 495.3. The writ shall be directed to the sheriff of the county within which the vessel lies, or the marshal of the court, and direct him or her to attach the vessel, with its tackle, appurtenances, appliances, furnishings, and furniture, and keep the same in his or her custody until discharged in due course of law. (Amended by Stats. 1996, Ch. 872, Sec. 93. Effective January 1, 1997.)
  36. 495.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. )

    Verify source ↗

    A sheriff or marshal who receives the writ must execute it promptly, seize and keep the named vessel in custody, and cannot interfere with unloading merchandise or removing certain passenger or crew property.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. ) ## 495.4. The sheriff or marshal to whom the writ is directed and delivered shall execute it without delay, and shall attach and keep in his or her custody the vessel, named therein, with its tackle, appurtenances, appliances, furnishings, and furniture, until discharged in due course of law; but the sheriff or marshal is not authorized by any such writ to interfere with the discharge of any merchandise on board of the vessel or with the removal of any trunks or other property of passengers, or of the captain, mate, seamen, steward, cook, or other persons employed on board. (Amended by Stats. 1996, Ch. 872, Sec. 94. Effective January 1, 1997.)
  37. 495.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. )

    Verify source ↗

    The vessel’s owner, master agent, or consignee may appear and respond in the action on the owner’s behalf, and may object to the plaintiff’s undertaking.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. ) ## 495.5. The owner, or the master agent, or consignee of the vessel, may, on behalf of the owner, appear and answer or plead to the action and may object to the undertaking filed on behalf of the plaintiff. (Amended by Stats. 1982, Ch. 517, Sec. 261.)
  38. 495.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. )

    Verify source ↗

    After an attachment on a vessel is levied, the owner or other listed vessel representative may get it discharged by filing an undertaking with the court; once notice is received, the sheriff or marshal must return the vessel.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. ) ## 495.6. After the attachment is levied, the owner, or the master, agent, or consignee of the vessel, may, in behalf of the owner, have the attachment discharged, upon filing with the court, subject to the provisions of Section 489.060 of the Code of Civil Procedure, an undertaking in an amount sufficient to satisfy the demand in the suit, besides costs. Upon receiving notice of the filing of the undertaking with the court, the sheriff or marshal shall restore to the owner, or the master, agent, or consignee of the owner, the vessel attached. (Amended by Stats. 1996, Ch. 872, Sec. 95. Effective January 1, 1997.)
  39. 495.7.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. )

    Verify source ↗

    After the vessel owner appears in the action, the attachment may be discharged on motion, using the same manner and terms as other attachments, subject to Section 495.9.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. ) ## 495.7. After the appearance in the action of the owner, the attachment may, on motion, also be discharged in the same manner, and on like terms and conditions, as attachments in other cases, subject to the provisions of Section 495.9. (Added by Stats. 1970, Ch. 1341.)
  40. 495.8.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. )

    Verify source ↗

    If certain attachment and judgment conditions are met, the sheriff or marshal must sell the vessel at public auction and distribute the proceeds in the order stated.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. ) ## 495.8. If the attachment is not discharged, and a judgment is recovered in the action in favor of the plaintiff, and an execution is issued thereon, the sheriff or marshal shall sell at public auction, after publication of notice pursuant to Section 6062 of the Government Code, the vessel, with its tackle, appurtenances, appliances, furnishings, and furniture, or such interest therein as may be necessary, and shall apply the proceeds of the sale as follows: (a) When the action is brought for demands other than the wages of mariners, boatmen, and others employed in the service of the vessel sold, to the payment of the amount of those wages, as specified in the execution. (b) To the payment of the judgment and costs, including his or her fees. The sheriff or marshal shall pay any balance remaining to the owner, or to the master, agent, or consignee who may have appeared on behalf of the owner, or if there is no appearance, then into court, subject to the claim of any party or parties legally entitled thereto. (Amended by Stats. 1996, Ch. 872, Sec. 96. Effective January 1, 1997.)
  41. 495.9.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. )

    Verify source ↗

    A mariner, boatman, or other vessel worker may file a wage-claim affidavit with the court clerk, and vessel sale proceeds must be applied in a set order.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. ) ## 495.9. Any mariner, boatman, or other person employed in the service of the vessel attached, who may wish to assert his or her claim for wages against the vessel, the attachments being issued for other demands than those wages, may file an affidavit of his or her claim, setting forth the amount and the particular service rendered, with the clerk of the court; and thereafter no attachment can be discharged upon filing an undertaking, unless the amount of the claim, or the amount determined as provided in Section 496, is covered thereby, in addition to the other requirements; and any execution issued against that vessel, upon judgment recovered thereafter shall direct the application of the proceeds of any sale: (a) To the payment of the amount of such claims filed, or the amount determined, as provided in Section 496, which amount the clerk shall insert in the writ. (b) To the payment of the judgment and costs, and sheriff’s or marshal’s fees, and shall direct the payment of any balance to the owner, master, or consignee, who may have appeared in the action; but if no appearance by them is made therein, it shall direct a deposit of the balance in court. (Amended by Stats. 1996, Ch. 872, Sec. 97. Effective January 1, 1997.)
  42. 496.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. )

    Verify source ↗

    If a filed claim is not contested within five days after notice, it is deemed admitted. If it is contested, the clerk must note the contest and grounds, then send it to a single referee or decide it himself, with immediate court review available.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. ) ## 496. If the claim of the mariner, boatman, or other person filed with the clerk of the court, as provided in Section 495.9, is not contested within five days after notice of the filing thereof by the owner, master, agent, or consignee of the vessel against which the claim is filed, or by any creditor, it shall be deemed admitted; but if contested, the clerk shall indorse upon the affidavit thereof a statement that it is contested, and the grounds of the contest, and shall immediately thereafter order the matter to a single referee for his determination, or he may hear the proofs and determine the matter himself. The determination of the clerk or referee may be reviewed by a court in which the action is pending or a judge thereof immediately after such determination is made, and the judgment of the court or judge is final. On the review the court or judge may use the minutes of the evidence taken by the clerk or referee, or may take the evidence anew. (Added by Stats. 1970, Ch. 1341.)
  43. 497.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. )

    Verify source ↗

    A notice of sale published by the sheriff or marshal must state the vessel’s measurement, tonnage, and general condition.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 3. Actions Against Vessels [490 - 497] ( Heading of Article 3 amended by Stats. 1970, Ch. 1341. ) ## 497. The notice of sale published by the sheriff or marshal must contain a statement of the measurement and tonnage of the vessel and a general description of her condition. (Amended by Stats. 1996, Ch. 872, Sec. 98. Effective January 1, 1997.)
  44. 5.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    These definitions, rules of construction, and general provisions govern how this code is interpreted unless the provision or context requires otherwise.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. ) ## 5. Unless the provision or the context otherwise requires, these definitions, rules of construction and general provisions shall govern the construction of this code. (Enacted by Stats. 1937, Ch. 368.)
  45. 50.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 1. Administration [50 - 50.8] ( Article 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    This section continues the named boating agencies in existence as the Division of Boating and Waterways and gives that Division the listed powers, functions, and jurisdiction. It also says existing regulations stay in effect until the Division revises or repeals them.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 1. Administration [50 - 50.8] ( Article 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 50. (a) The Department of Harbors and Watercraft and its successor, the Department of Navigation and Ocean Development, and the Department of Boating and Waterways are continued in existence in the Department of Parks and Recreation as the Division of Boating and Waterways. The Division of Boating and Waterways is the successor to, and is vested with, the powers, functions, and jurisdiction of the following state departments and agencies as hereinafter specified: (1) All of the powers, functions, and jurisdiction previously vested in the Division of Small Craft Harbors of the Department of Parks and Recreation. (2) All of the powers, functions, and jurisdiction of the State Lands Commission with respect to the acquisition, construction, development, improvement, maintenance, and operation of small craft harbors. (3) All of the powers, functions, and jurisdiction of the Department of Parks and Recreation with respect to boating facility planning, design, and construction, except as specifically provided with respect to boating trails in the California Recreational Trails Act (commencing with Section 5070 of the Public Resources Code) and in Article 2.6 (commencing with Section 68) of this chapter. (4) All of the powers, functions, and jurisdiction of the Office of Architecture and Construction in the Department of General Services with respect to boating facility planning and design. (5) All of the powers, functions, and jurisdiction of the Department of Water Resources with respect to beach erosion control. (6) All of the policymaking and regulatory powers, functions, and jurisdiction of the Harbors and Watercraft Commission as to matters within the jurisdiction of the department. (b) Regulations adopted by the former Department of Boating and Waterways shall remain in effect until revised or repealed by the Division of Boating and Waterways. (Amended by Stats. 2013, Ch. 352, Sec. 324. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  46. 50.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 1. Administration [50 - 50.8] ( Article 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    This section says certain older agency names are to be read as the Division of Boating and Waterways, and it preserves State Lands Commission jurisdiction over leasing state lands for oil, gas, and other mineral extraction.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 1. Administration [50 - 50.8] ( Article 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 50.1. (a) Whenever the term “Division of Small Craft Harbors” or the term “Small Craft Harbors Commission” or the term “Department of Boating and Waterways” is used in any provision of law, it shall be construed as referring to the Division of Boating and Waterways. (b) Whenever, by any statute now in force or that may be hereafter enacted, any power, function, or jurisdiction, as specified in Section 50, is imposed or conferred upon the State Lands Commission, the Department of Parks and Recreation, the Office of Architecture and Construction in the Department of General Services, or the Department of Water Resources, such power, function, or jurisdiction shall be deemed to be imposed or conferred upon the Division of Boating and Waterways. (c) This section and this code do not divest the State Lands Commission of jurisdiction with respect to the leasing of state lands, including state lands used for small craft harbors, swamps and overflowed lands, or tide and submerged lands, for the extraction and removal of oil and gas and other minerals. (Amended by Stats. 2013, Ch. 352, Sec. 325. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  47. 50.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 1. Administration [50 - 50.8] ( Article 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The division must be run by a Deputy Director of Boating and Waterways. References to the Director of Boating and Waterways are treated as references to the Deputy Director.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 1. Administration [50 - 50.8] ( Article 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 50.2. The division shall be administered by an executive officer known as the Deputy Director of Boating and Waterways. Any reference to the Director of Boating and Waterways shall be deemed to refer to the Deputy Director of Boating and Waterways. The deputy director shall be appointed by and hold office at the pleasure of the Governor and shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. The appointment of any deputy director appointed by the Governor shall be subject to confirmation by the Senate. (Amended by Stats. 2013, Ch. 352, Sec. 326. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  48. 50.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 1. Administration [50 - 50.8] ( Article 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The director must file an official $25,000 bond with the state before starting duties.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 1. Administration [50 - 50.8] ( Article 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 50.4. The director, before entering upon his duties, shall execute and deliver to the state an official bond in the sum of twenty-five thousand dollars ($25,000) conditioned upon the faithful performance of his duties. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  49. 50.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 1. Administration [50 - 50.8] ( Article 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The director is subject to specified Government Code provisions and may appoint necessary deputies, officers, and other employees in accordance with civil service.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 1. Administration [50 - 50.8] ( Article 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 50.6. The provisions of Chapter 2 (commencing with Section 11150), Part 1, Division 3, Title 2 of the Government Code apply to the director. The director may appoint, in accordance with civil service, such deputies, officers, and other employees as may be necessary. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  50. 50.8.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 1. Administration [50 - 50.8] ( Article 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The director may reorganize the department’s work and change its divisions, but only with the Governor’s approval.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 1. Administration [50 - 50.8] ( Article 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 50.8. The director, with the approval of the Governor, may arrange and classify the work of the department and consolidate, abolish, or create divisions thereof. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  51. 500.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. )

    Verify source ↗

    This section says the article is called the “Boaters Lien Law” and may be cited by that name.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. ) ## 500. This article shall be known and may be cited as the “Boaters Lien Law”. (Repealed and added by Stats. 1982, Ch. 941, Sec. 2.)
  52. 501.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. )

    Verify source ↗

    This section defines terms used in the Boaters Lien Law article.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. ) ## 501. As used in this article: (a) “Department” means the Department of Motor Vehicles or any successor agency thereto which registers vehicles. (b) “Mail” means first-class mail, postage prepaid, unless registered mail is specified. Registered mail includes certified mail. (c) “Services” means the making of repairs or performing labor upon or to, and the furnishing of supplies or materials for, any vessel or any trailer used in connection with a vessel. (d) “Storage” means the safekeeping, mooring, berthage, wharfage, or anchorage of a vessel and the providing of parking space for any trailer used in connection with the vessel. (e) “Vessel” means every description of watercraft, other than a seaplane on the water or a floating home, used or capable of being used as a means of transportation on the water and required to be registered, excluding any vessel which has a valid marine document issued by the United States or any agency thereof. For the purposes of this article, “vessel” includes any trailer used in connection with the vessel which is in the possession of the lienholder at the time the lien arises. (Repealed and added by Stats. 1982, Ch. 941, Sec. 2.)
  53. 501.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. )

    Verify source ↗

    This section defines when a notice or statement is treated as given or sent.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. ) ## 501.3. The time a notice or statement is given or sent, unless otherwise expressly provided, means the time a written notice to a person is deposited in the United States mails; or the time any other written notice is personally delivered to the recipient. (Added by Stats. 1982, Ch. 941, Sec. 2.)
  54. 501.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. )

    Verify source ↗

    Possessory vessel lien procedures are the exclusive way to enforce these liens and override conflicting local ordinances, but they do not affect maritime liens under federal law.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. ) ## 501.5. The possessory vessel lien procedures described by the provisions of this article shall supersede any local ordinance and shall provide the exclusive means of enforcing these liens. Nothing in this article shall be construed as affecting any maritime lien cognizable under any federal law. (Repealed and added by Stats. 1982, Ch. 941, Sec. 2.)
  55. 502.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. )

    Verify source ↗

    This section gives a possession-based lien for vessel services or storage, but sets notice, consent, and timing rules when charges exceed $1,500 or a lien sale is pursued.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. ) ## 502. (a) Except as provided in Article 1.5 (commencing with Section 410) of Chapter 1 of Division 3, every person has a lien dependent upon possession of the vessel for the compensation to which he or she is legally entitled for services rendered to or storage of any vessel subject to registration with the Department of Motor Vehicles. The lien shall arise at the time a written statement of lien is sent to the registered owner of the vessel which specifies the charges for services or storage rendered and states that the vessel is subject to sale pursuant to the California Boater’s Lien Law. (b) Notwithstanding subdivision (a), no lien provided by this section for storage or service provided upon the request of any person other than the legal owner as shown on the registration certificate of the vessel shall be valid against the interest of the legal owner to the extent that the lien exceeds one thousand five hundred dollars ($1,500) unless the person performing the storage or service obtains the consent of the legal owner to the amount of the excess. The legal owner may limit his or her consent to a specified dollar amount or period of time. The lien claimant shall give actual notice in writing, prior to exceeding that amount, either by personal service or by registered mail to the legal and registered owner or owners as named and at the addresses as shown on the registration certificate, on a standard form provided by the department, containing a description of the storage or services, or both, a description and registration number of the vessel, the name of the registered owner or owners, the dollar amount or rate of the charges for the storage or services, and a statement in boldface type that, with respect to storage charges, consent of the legal owner shall be presumed unless the legal owner notifies the lien claimant within 15 days of receipt of the request for consent that he or she declines to consent to the storage. The lien claimant shall notify the legal owner as shown on the registration certificate of the vessel, by certified mail, that the vessel is subject to sale pursuant to the California Boater’s Lien Law and that the lien claimed exceeds one thousand five hundred dollars ($1,500). (c) Notwithstanding subdivision (b), any claim for the cost of services may exceed the estimate given therefor by an amount not in excess of 10 percent thereof and the lien of the lien claimant shall be valid against the legal owner to the full amount of such excess to the same extent as would be a lien for the original estimate. (d) With respect to claims for storage charges, a legal owner shall be presumed to consent to storage charges if he or she fails to respond to the request for consent set forth in subdivision (b) within 15 days after receipt thereof, such response to be addressed to the lien claimant at the address stated in the request for consent. In addition, consent in all cases is presumed for the 30-day period immediately following the giving of the request for consent notice. (e) The legal owner may, upon declining consent, remove the vessel from the lien claimant only upon satisfying the lien of the lien claimant. (f) Any lien arising under this section shall be extinguished, and no lien sale shall be conducted unless, 60 days after the lien arises, the lienholder does either of the following: (1) Applies to the department for an authorization to conduct a lien sale. (2) Files an action on the claim in court. (g) Nothing in this section shall impair any rights or remedies which are otherwise available to the lien claimant against the registered owner under any other provisions of law. (Amended by Stats. 1987, Ch. 745, Sec. 4.)
  56. 503.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. )

    Verify source ↗

    This section sets out the steps a lienholder and the department must follow before a vessel lien sale can happen.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. ) ## 503. (a) A lienholder shall apply to the department for the issuance of an authorization to conduct a lien sale pursuant to the provisions of this section for any vessel with a value determined to be over one thousand five hundred dollars ($1,500). A fee shall be charged by the department and may be recovered by the lienholder if a lien sale is conducted or if the vessel is redeemed. The application shall be executed under penalty of perjury and shall include all of the following information: (1) A description of the vessel, including make, hull identification number, and state of registration, to the extent available. (2) The names and addresses of the registered and legal owners of the vessel, if ascertainable from the registration certificate within the vessel, and the name and address of any person whom the lienholder knows or reasonably should know claims a proprietary interest in the vessel. (3) A statement of the amount of the lien and the facts which give rise to the lien. The statement shall include, as a separate item, an estimate of any additional storage costs accruing pending the lien sale. (b) Upon receipt of an application made pursuant to subdivision (a), the department shall within 15 days thereafter do the following: (1) Notify the vessel registry agency of a foreign state of the pending lien sale, if the vessel bears indicia of registration in that state. (2) By mail, send a notice, a copy of the application, and a return envelope preaddressed to the department to the registered and legal owners at their addresses of record with the department, and to any other person whose name and address is listed in the application. (3) A vessel registration stop order or title transfer stop order shall be applied by the department at the time the lien claimant requests authorization to conduct the sale. (4) Notify the applicant of any outstanding property tax lien on the vessel of which the department has been notified pursuant to subdivision (b) of Section 3205 of the Revenue and Taxation Code. The notice required by this paragraph shall identify the county in which any outstanding lien is held. (c) The notice required pursuant to subdivision (b) shall include all of the following statements: (1) An application has been made with the department for authorization to conduct a lien sale and the department has placed a vessel registration stop order or title transfer stop order on the vessel. (2) Each person to whom notice is sent pursuant to subdivision (b) is entitled to a hearing in court if that person so desires. (3) If a hearing in court is desired, a declaration of opposition, signed under penalty of perjury, is required to be signed and returned to the department within 15 days of the date that the notice required pursuant to subdivision (b) was mailed. (4) If the declaration of opposition is signed and returned to the department, the lienholder will be allowed to sell the vessel only if he or she obtains a court judgment or a subsequent release from the declarant. (5) If a court action is filed, the declarant will be served by mail with legal process in the court proceedings at the address shown on the declaration of opposition and may appear to contest the claim. (6) The person may be liable for court costs if a judgment is entered in favor of the lienholder. (d) If the department receives the declaration of opposition in the time provided, the department shall notify the lienholder within 16 days of the receipt of the declaration of opposition that a lien sale shall not be conducted unless the lienholder files an action in court within 60 days of the notice. A lien sale of the vessel shall not be conducted unless judgment is subsequently entered in favor of the lienholder or the declarant subsequently releases his or her interest in the vessel. (e) Service of legal process on the declarant, with return receipt requested signed by the declarant or an authorized agent of the declarant at the address shown on the declaration of opposition, shall be effective. Return of a declaration of opposition shall constitute consent by the declarant to service of legal process for the desired court hearing upon him or her in the foregoing manner. Notwithstanding subdivision (d) of Section 415.3 of the Code of Civil Procedure, if the lienholder has attempted service upon declarant by that method at the address shown on the declaration of opposition and the mail has been returned unclaimed, the department shall promptly authorize the sale. (f) Upon receipt of authorization to conduct the lien sale, the lienholder shall do all of the following: (1) At least 10 days, but not more than 30 days, prior to the lien sale, not counting the day of the sale, give notice of the sale by advertising once in a newspaper of general circulation published in the county in which the vessel is located. If there is no newspaper published in the county, notice shall be given by posting a notice of sale form in three of the most public places in the area in which the vessel is located and at the place where the vessel is to be sold for 10 consecutive days prior to and including the day of the sale. (2) Send a notice of pending lien sale 20 days prior to the sale, but not counting the day of sale, by mail with return receipt requested, to each of the following: (A) The registered and legal owners of the vessel, if registered in this state. (B) All persons known to have an interest in the vessel. (C) The department. (g) Upon receipt of the notice, the department shall mark its records and thereafter notify any person having a proprietary interest in the vessel that there is a pending lien sale and that title will not be transferred until the lien is satisfied or released. (h) All notices required by this section, including the notice forms prescribed by the department, shall specify the make, hull identification number, and state of registration, if available, and the specific date, exact time, and place of sale. (Amended by Stats. 1994, Ch. 940, Sec. 1. Effective January 1, 1995. Operative July 1, 1995, by Sec. 6 of Ch. 940.)
  57. 504.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. )

    Verify source ↗

    For vessels worth $1,500 or less, the department must provide owner information to the lienholder, and the lienholder must mail specified notice documents to owners, interested persons, and the department.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. ) ## 504. (a) For vessels with a value determined to be one thousand five hundred dollars ($1,500) or less, the department shall promptly furnish the lienholder with the names and addresses of the registered and legal owners of record. (b) The lienholder shall, immediately upon receipt of the names and addresses, send by mail, with return receipt requested, a completed notice of pending lien sale form, a blank declaration of opposition form, and a return envelope preaddressed to the department, to the registered owner and legal owner at their addresses of record with the department, to any other person known to have a proprietary interest in the vessel, and to the department. (c) Upon receipt of the notice, the department shall mark its records and thereafter notify any person having a proprietary interest in the vessel that there is a pending lien sale and that title will not be transferred until the lien is satisfied or released. (d) All notices shall be signed under penalty of perjury and shall include all of the following information and statements: (1) A description of the vessel, including make, identification number, and state of registration, to the extent available. (2) The specific date, exact time, and place of sale, which shall be set not less than 35 days, but not more than 60 days, from the date of mailing. (3) The names and addresses of the registered and legal owners of the vessel and any other person known to have an interest in the vessel. (4) All of the following statements: (A) The amount of the lien and the facts that give rise to the lien. The statement shall include, as a separate item, an estimate of any additional storage costs accruing pending the lien sale. (B) The person has a right to a hearing in court. (C) If a court hearing is desired, a declaration of opposition signed under penalty of perjury is required to be signed and returned to the department within 15 days of the date the notice of pending lien sale was mailed. (D) If the declaration of opposition is signed and returned, the lienholder will be allowed to sell the vessel only if he or she obtains a court judgment or if he or she obtains a subsequent release from the declarant. (E) If a court action is filed, the declarant will be served by mail with legal process in the court proceedings at the address shown on the declaration of opposition and may appear to contest the claim. (F) The person may be liable for court costs if a judgment is entered in favor of the lienholder. (e) If the department receives the completed declaration of opposition within the time provided, the department shall notify the lienholder within 16 days that a lien sale shall not be conducted unless the lienholder files an action in court within 20 days of the notice and judgment is subsequently entered in favor of the lienholder or the declarant subsequently releases his or her interest in the vessel. (f) Service on the declarant by mail with return receipt requested, signed by the declarant or an authorized agent of the declarant at the address shown on the declaration of opposition, shall be effective. Return of a declaration of opposition shall constitute consent by the declarant to service of legal process for the desired court hearing upon him or her in the foregoing manner. If the lienholder has attempted service upon the declarant by that method at the address shown on the declaration of opposition and the mail has been returned unclaimed, the lienholder may proceed with the sale. (Amended by Stats. 2006, Ch. 538, Sec. 344. Effective January 1, 2007.)
  58. 505.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. )

    Verify source ↗

    A vessel owner may release an interest after a lien arises, but the release must be dated when signed, copied to the person releasing the interest, written in at least 12-point type, include required information, and be filed with the department for certain transfers after a lien sale.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. ) ## 505. (a) A registered or legal owner of a vessel may release any interest in the vessel after the lien has arisen. The release shall be dated when signed and a copy shall be given at the time the release is signed to the person releasing the interest. (b) The release shall be in at least 12-point type and shall contain all of the following information in simple, nontechnical language: (1) A description of the vessel, including the make, the identification number, and the state of registration, to the extent available. (2) The names and addresses of the registered and legal owners of record with the department, to the extent available. (3) A statement of the amount of the lien and the facts which give rise to the lien. (4) A statement that the person releasing the interest understands that (i) he or she has a legal right to a hearing in court prior to any sale of the vessel to satisfy the lien and (ii) he or she is giving up the right to appear to contest the claim of the lienholder. (5) A statement that (i) the person releasing the interest gives up any interest he or she may have in the vessel and (ii) he or she is giving the lienholder permission to sell the vessel. (c) The release required by this section shall be filed with the department in connection with any transfer of interest in a vessel following a lien sale. (Repealed and added by Stats. 1982, Ch. 941, Sec. 2.)
  59. 505.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. )

    Verify source ↗

    This section lets a former lienholder revive a vessel lien after repossession if possession was lost through trick, fraud, or device, but the revived lien is subordinate to later good-faith value interests. It also makes it a misdemeanor to get possession of a vessel by trick, fraud, or device or for a lien claimant to knowingly violate the article, with fines and possible jail time.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. ) ## 505.5. (a) Whenever the lien upon any vessel is lost by reason of the loss of possession through trick, fraud, or device, the repossession of the vessel by the former lienholder claimant revives the lien, but a lien so revived is subordinate to any right, title, or interest of a person under a sale, transfer, encumbrance, lien, or other interest acquired or secured in good faith and for value between the time of the loss of possession and the time of repossession. (b) It is a misdemeanor for a person to obtain possession of a vessel or any part of the vessel subject to a lien pursuant to the provisions of this chapter by trick, fraud, or device. (c) It is a misdemeanor for a person claiming a lien on a vessel to knowingly violate this article. (d) A person found guilty of a misdemeanor violation of subdivision (b) or (c) shall be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the county jail not to exceed six months, or both that fine and imprisonment. (Amended by Stats. 2009, Ch. 610, Sec. 29. (SB 717) Effective January 1, 2010.)
  60. 506.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. )

    Verify source ↗

    A lienholder must conduct the sale commercially reasonably, and a lien sale cannot proceed unless the vessel was available for public inspection for at least one hour before the sale and is at the listed sale location and time. Sealed bids are not allowed.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. ) ## 506. No lien sale shall be undertaken pursuant to Section 503 or 504 unless the vessel has been available for inspection at a location easily accessible to the public for at least one hour before the sale and is at the place of sale at the time and date specified on the notice of sale. Sealed bids shall not be accepted. The lienholder shall conduct the sale in a commercially reasonable manner. (Added by Stats. 1982, Ch. 941, Sec. 2.)
  61. 506.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. )

    Verify source ↗

    The legal or registered owner may redeem a vessel within 10 days after its sale by paying the lien amount, related costs and expenses, and interest at the legal rate.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. ) ## 506.5. Within 10 days after the sale of any vessel pursuant to the provisions of Section 503 or 504, the legal or registered owner may redeem the vessel upon the payment of the amount of the lien, all costs and expenses of the lien, together with interest on that sum at the legal rate from the due date thereof until the repayment. If the vessel is not redeemed, all lien sale documents required by the department to effect transfer of title shall then be completed and delivered to the buyer. (Added by Stats. 1982, Ch. 941, Sec. 2.)
  62. 507.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. )

    Verify source ↗

    A lienholder seeking a sale under Section 504 must usually file a broker’s declaration of the vessel’s fair market value, unless a public agency removed or arranged removal of an abandoned vessel.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. ) ## 507. (a) Except as provided in subdivision (b), at the time a lienholder applies to the department to conduct a sale under Section 504, the lienholder shall submit with the application a declaration by a licensed yacht and ship broker of the fair market value of the described vessel at a specific date within 30 days of that submission. The opinion need not be based upon a marine survey, but shall be based on a physical inspection of the vessel. No cause of action shall lie against the declarant on account of the opinion given. (b) The declaration specified in subdivision (a) is not required if a public agency removes an abandoned vessel, or arranges, by contract, for the removal of the vessel, from a highway or from public or private property. (1) For lien sale purposes, the public agency which removed the vessel, or arranged for the removal, shall determine if the estimated value of the vessel that has been ordered removed or stored is one thousand five hundred dollars ($1,500) or less. (2) If the public agency fails or refuses to determine the estimated value of the vessel within three days after the date of removal of the vessel, the lienholder or the lienholder’s agent shall determine, under penalty of perjury, if the estimated value of the vessel that has been ordered removed or stored is one thousand five hundred dollars ($1,500) or less. (Amended by Stats. 1986, Ch. 310, Sec. 1.)
  63. 507.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. )

    Verify source ↗

    After a vessel lien sale, sale proceeds must be distributed to the lienholder, the department, and eligible claimants under the section’s timing and notice rules.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. ) ## 507.5. The proceeds of a vessel lien sale shall be disposed of as follows: (a) The amount necessary to discharge the lien and the actual cost of selling the vessel shall be paid to the lienholder. Actual cost of sale shall include any fees charged by the department, publication fees, postage and service of notices, whether incurred as a result of a sale or redemption by the registered or legal owner without a sale. The actual cost of sale shall not exceed one hundred dollars ($100) for a vessel without a trailer and one hundred twenty-five dollars ($125) for a vessel with a trailer, exclusive of the charges of the department. (b) The balance, if any, shall be forwarded to the department within 15 days of any sale. Within 30 days thereafter, the department shall send notice of the receipt of the funds, if the amount thereof exceeds ten dollars ($10), to the legal and registered owners at the most current addresses shown in the department’s records. (c) Any person claiming an interest in the vessel may file a claim with the department for any portion of the funds forwarded to the department pursuant to subdivision (b). Upon determination of the department that the claimant is entitled to a portion of those funds, the department shall pay any entitled amount which does not exceed the balance of the funds remaining on deposit with the department that pertain to the vessel. The department shall not honor any claim unless the claim has been filed within three years of the date the funds were received. At the end of each fiscal year the department shall deposit in the Harbors and Watercraft Revolving Fund all funds held by it for which no claim was filed within the three-year period. (Added by Stats. 1982, Ch. 941, Sec. 2.)
  64. 508.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. )

    Verify source ↗

    A lien on a vessel may be assigned by written instrument with delivery of the vessel, and the assignee may exercise the lienholder’s rights. The assigning lienholder must give written notice of the assignment to the vessel’s registered and legal owners at the time of assignment.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. ) ## 508. A lien provided for in this article for repairs, labor, supplies, or materials for, or for storage or safekeeping of, a vessel may be assigned by written instrument accompanied by delivery of possession of the vessel subject to the lien, and the assignee may exercise the rights of a lienholder as provided in this article. A lienholder assigning a lien as authorized in this section shall at the time of assigning the lien give written notice of the assignment either by personal delivery or by certified mail, to the registered and legal owners of the vessel, indicating the name and address of the person to whom the lien is assigned. (Amended by Stats. 2006, Ch. 538, Sec. 345. Effective January 1, 2007.)
  65. 508.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. )

    Verify source ↗

    The department must prescribe all forms required under this article, and notices and declarations must use simple, nontechnical language.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. ) ## 508.5. All forms required pursuant to this article shall be prescribed by the department. Language used in the notices and declarations shall be simple and nontechnical. (Added by Stats. 1982, Ch. 941, Sec. 2.)
  66. 509.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. )

    Verify source ↗

    A lien may not attach to personal property on a vessel, except property carried for lifesaving, safety, mooring, or operating purposes.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Civil Actions and Liens [450 - 509] ( Heading of Chapter 2 amended by Stats. 1970, Ch. 1341. ) ## ARTICLE 4. Boaters Lien Law [500 - 509] ( Article 4 repealed and added by Stats. 1982, Ch. 941, Sec. 2. ) ## 509. No lien shall attach to any personal property in or on the vessel except that which is carried on the vessel for lifesaving, safety, mooring, and operating purposes. Personal property not subject to lien shall be given to the registered owner or the owner’s authorized agent upon demand. (Added by Stats. 1982, Ch. 941, Sec. 2.)
  67. 510.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    County sheriffs must help stranded vessels and people on board, try to save and preserve property cast ashore, and citizens must help the sheriff when required.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 510. The sheriff of each county shall give all possible aid and assistance to vessels stranded on its coast, and to the persons on board. He shall exert himself to save and preserve such persons, vessels, and their cargoes, and all goods and merchandise which may be cast by the sea upon the land, and to this end he may employ as many persons as he may think proper. All citizens shall aid the sheriff when required. (Enacted by Stats. 1937, Ch. 368.)
  68. 511.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Wrecked property may be kept or reclaimed by the owner, consignee, or another person entitled to possession, but any just salvage and saving-expense claim must be paid first.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 511. Wrecked property may be kept or reclaimed at the time of the wreck by the owner, consignee, or other person entitled to possession; but if any person has a just claim for salvage and necessary expenses incurred in saving it, the claim shall be paid before the property can be reclaimed. (Enacted by Stats. 1937, Ch. 368.)
  69. 512.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If wrecked property is found and no person entitled to possession appears, the county sheriff must take possession, have it appraised, and keep it safely for the owner’s claim.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 512. The sheriff of any county in which any wrecked property is found, when no person entitled to possession appears, shall take possession of it in the name of the people, cause its value to be appraised by disinterested persons, and keep it in some safe place to answer the owner’s claims. (Enacted by Stats. 1937, Ch. 368.)
  70. 513.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If wrecked property is perishable, the sheriff must ask the superior court judge for an order to sell it; if the judge agrees the sale benefits interested persons, the judge must issue the order, the property must be sold at public auction, and net proceeds must go to the Treasurer for the General Fund.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 513. If wrecked property is in a perishable state, the sheriff shall apply to the judge of the superior court, upon a verified petition, for an order authorizing the sheriff to sell it. If the judge is satisfied that a sale of the property would be beneficial to the persons interested, he or she shall make the order applied for, and the property shall then be sold at public auction, as specified in the order. The proceeds, deducting the expenses of salvage, storage, and sale as settled and allowed by the judge, shall be transmitted to the Treasurer for deposit in the General Fund. (Amended by Stats. 1997, Ch. 930, Sec. 1. Effective January 1, 1998.)
  71. 514.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If wrecked property is claimed within 90 days and the claim is proven to the superior court judge’s satisfaction, the judge must order delivery to the claimant once reasonable salvage and preservation expenses are paid.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 514. If, within 90 days after wrecked property is found, any person claims the property, or its proceeds, and establishes his or her claim by evidence satisfactory to the judge of the superior court, the judge shall make an order directing the officer in whose possession the property or its proceeds may be, to deliver it to the claimant, upon the payment of a reasonable salvage and the necessary expenses of preservation. (Amended by Stats. 1997, Ch. 930, Sec. 2. Effective January 1, 1998.)
  72. 515.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Before the order is made, the claimant must provide a bond approved by the judge and filed with the court clerk.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 515. Before making the order, the judge shall require from the claimant a bond to the people to be approved by the judge and filed with the clerk of the court, in a penalty double the value of the property or proceeds. The bond shall be conditioned upon the payment of all damages that may be recovered against the claimant or the claimant’s representatives, within three years after its date, by any person establishing title to the property or proceeds. (Amended by Stats. 2002, Ch. 784, Sec. 511. Effective January 1, 2003.)
  73. 516.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If a bond is forfeited, the superior court judge must order prosecution for the benefit of the person entitled to the bond, on application and proof.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 516. If the bond becomes forfeited, the judge of the superior court, upon the application, supported by proof of the person entitled to its benefit shall make an order for its prosecution for such person’s benefit, and at his risk and expense. (Enacted by Stats. 1937, Ch. 368.)
  74. 517.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If a judge rejects a claim, the claimant may still bring an action against the officer to recover the property or its proceeds.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 517. The rejection by the judge of any claim shall not preclude the claimant from maintaining an action against the officer for the recovery of the property or its proceeds. If the plaintiff prevails, there shall be deducted from the damages, in addition to salvage and expenses, all the defendant’s costs. (Enacted by Stats. 1937, Ch. 368.)
  75. 518.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If no claimant appears within 60 days, or payment or suit does not happen within 60 days after a claim, the custodian may sell the wrecked property at public auction and send the net proceeds to the Treasurer for the General Fund.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 518. If, within 60 days after saving wrecked property, no claimant of the property appears, or, if within 60 days after a claim, the salvage and expenses are not paid, or a suit for the recovery of the property is not commenced, the officer who has custody of the property may sell it at public auction and transmit the proceeds of the sale, after deducting salvage, storage, property tax liens, other liens, and other expenses, to the Treasurer for deposit in the General Fund. Deduction of salvage, storage, and other expenses shall not be made, unless the amount has been determined by the superior court of the county. A copy of the order, and the evidence in its support, shall be transmitted by the judge to the Controller. (Amended by Stats. 2005, Ch. 311, Sec. 1. Effective January 1, 2006.)
  76. 519.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The officer who sells wrecked property must publish public notice of the sale and include the sale time, place, and a description of the property.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 519. Public notice of every sale of wrecked property under the provisions of this article shall be published by the officer making the sale for at least two weeks in succession in one or more newspapers printed in the county, or if none is printed in the county, then by written or printed notices posted in three of the most public places in the county at least fifteen days previous to the sale. Every notice shall state the time and place of the sale and contain a particular description of the property to be sold. (Enacted by Stats. 1937, Ch. 368.)
  77. 520.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If wrecked property comes into a sheriff’s possession, the sheriff must publish a notice in one or more state-printed newspapers for at least two weeks.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 520. Every sheriff into whose possession any wrecked property comes, shall forthwith cause to be published for at least two weeks in succession, in one or more of the newspapers printed in this State, a notice directed to all persons interested. The notice shall contain a minute description of the property, and of every bale, box, case, piece, or parcel, and the marks, brands, letters, and figures on each. It shall state: (a) Where the property then is and its actual condition. (b) The name, if known, of the vessel from which it came. (c) The names of its master and super-cargo. (d) The place where the vessel then is, and its actual condition. (Enacted by Stats. 1937, Ch. 368.)
  78. 521.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The cost of publishing notices under this article must be charged to the related property or proceeds.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 521. The expense of publishing notices under the provisions of this article is a charge upon the property or proceeds to which it relates. (Enacted by Stats. 1937, Ch. 368.)
  79. 522.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    This section lets a local public entity treat certain abandoned wrecks or watercraft as abandoned property after 30 days, then take title, sell or dispose of them, subject to notice rules.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 522. (a) Any hulk, derelict, wreck, or parts of any ship, vessel, or other watercraft sunk, beached, or allowed to remain in an unseaworthy or dilapidated condition upon publicly owned submerged lands, salt marsh, or tidelands within the corporate limits of any municipal corporation or other public corporation or entity having jurisdiction or control over those lands, without its consent expressed by resolution of its legislative body, for a period longer than 30 days without a watchman or other person being maintained upon or near and in charge of the property, is abandoned property. Thereafter, that municipal corporation or other public corporation or entity may, notwithstanding any other provision of law, take title to the abandoned property for purposes of abatement without satisfying any property tax lien on that property, and also may cause the property to be sold, destroyed, or otherwise disposed of in any manner it determines is expedient or convenient. Any property tax lien on the abandoned property shall be satisfied within 30 days following the sale of the abandoned property by a municipal corporation or public entity. Any sale in accordance with this section shall vest complete title in the purchaser who shall forthwith take steps to remove the property. Any proceeds derived from the sale shall be transmitted to the Treasurer for deposit in the General Fund. (b) However, if the owner of the property securely affixes to the property a notice in plain view setting forth the owner’s name and address and claim of ownership, together with the name and address of an agent or representative whom the owner may designate to act within the State of California if the owner does not reside in the state, and files a copy of the notice with the secretary of the municipal corporation or other public corporation or entity having jurisdiction or control over the lands at least 10 days prior to the removal, the municipal corporation or other public corporation or entity may not sell, destroy, or otherwise dispose of the property until the corporation or entity has first given the owner or the owner’s agent, at the address specified in the claim of ownership, 15 days’ notice to remove or cause the property to be removed, and then only if the property is not removed by the owner or the owner’s agent within that time or reasonable extensions of time as the corporation or entity may grant by resolution. If a registration number appears on the watercraft, the municipal corporation or other public corporation or entity shall send the notice to the last registered owner and the disposition shall be handled as a lien sale under Section 504. (c) Any municipal corporation or other public corporation may charge a fee to any person who is determined by that municipal or other public corporation to have caused property of a type described in subdivision (a) to become abandoned as described in that subdivision within its corporate limits, in an amount not to exceed the amount of that municipal or other public corporation’s actual and reasonable costs incurred pursuant to this section with respect to the abandoned property. (Amended by Stats. 1997, Ch. 930, Sec. 4. Effective January 1, 1998.)
  80. 523.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Certain officers may remove and, if needed, store vessels from public waterways or public property when specific safety, theft, evidence, custody, navigation, environmental, or registration-related conditions are met.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 523. (a) A peace officer, as described in Section 663, or a lifeguard or marine safety officer employed by a county, city, or district while engaged in the performance of official duties, may remove a vessel from, and, if necessary, store a vessel removed from, a public waterway under any of the following circumstances: (1) When the vessel is left unattended and is moored, docked, beached, or made fast to land in a position that obstructs the normal movement of traffic or in a condition that creates a hazard to other vessels using the waterway, to public safety, or to the property of another. (2) When the vessel is found upon a waterway and a report has previously been made that the vessel has been stolen or a complaint has been filed and a warrant thereon issued charging that the vessel has been embezzled. (3) When the person or persons in charge of the vessel are by reason of physical injuries or illness incapacitated to an extent as to be unable to provide for its custody or removal. (4) When an officer arrests a person operating or in control of the vessel for an alleged offense, and the officer is, by any provision of this code or other statute, required or permitted to take, and does take, the person arrested before a magistrate without unnecessary delay. (5) When the vessel interferes with, or otherwise poses a danger to, navigation or to the public health, safety, or welfare. (6) When the vessel poses a threat to adjacent wetlands, levies, sensitive habitat, any protected wildlife species, or water quality. (7) When a vessel is found or operated upon a waterway with a registration expiration date in excess of one year before the date on which it is found or operated on the waterway. (b) Costs incurred by a public entity pursuant to removal of vessels under subdivision (a) may be recovered through appropriate action in the courts of this state. (c) (1) A peace officer, as described in Section 663, or marine safety officer employed by a city, county, or district, while engaged in the performance of official duties, may remove a vessel from, and, if necessary, store a vessel removed from, public property within the territorial limits in which the officer may act, in either of the following circumstances: (A) When any vessel is found upon the public property and the officer has probable cause to believe the vessel was used in the commission of a crime. (B) When a vessel is found upon public property and an officer has probable cause to believe that the vessel itself provides evidence that a crime was committed or the vessel contains evidence of a possible crime that was committed and the evidence cannot be easily removed from the vessel. (2) Notwithstanding Section 3068 of the Civil Code, or Section 22851 of the Vehicle Code, no lien shall attach to a vessel removed under this subdivision unless it is determined that the vessel was used in the commission of a crime with the express or implied consent of the owner of the vessel. (3) In any prosecution of a crime for which a vessel was removed and impounded under this subdivision, a court may order a person convicted of a crime involving the use of a vessel to pay the costs of towing and storage of the vessel and any administrative charges imposed in connection with the removal, impoundment, storage, or release of the vessel. (d) For purposes of this section, “vessel” includes both the vessel and any trailer used by the operator to transport the vessel. (Amended by Stats. 2018, Ch. 341, Sec. 1. (AB 2175) Effective January 1, 2019.)
  81. 524.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Peace officers may store or remove certain vessels from private property when the stated conditions are met, and may not remove a vessel if the owner has already been contacted and refused permission.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 524. (a) Any peace officer, as described in Section 663, may store any vessel removed from private property when the vessel is found on, or attached to, private property and a report has previously been made that the vessel has been stolen or a complaint has been filed and a warrant thereon issued charging that the vessel has been embezzled. (b) Any peace officer, as described in Section 663, may, after a reasonable period of time, remove a vessel from private property if the vessel has been involved in, and left at, the scene of a boating accident and no owner is available to grant permission to remove the vessel. This subdivision does not authorize the removal of a vessel if the owner has been contacted and has refused to grant permission to remove the vessel. (c) Nothing in this section is intended to expand the territorial jurisdiction of peace officers beyond the provisions of Sections 830.1 and 830.2 of the Penal Code. (Amended by Stats. 1997, Ch. 930, Sec. 6. Effective January 1, 1998.)
  82. 525.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A person generally must not abandon a vessel on public waterway or other property without the owner’s consent, unless there is an urgent and immediate safety concern for people aboard.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 525. (a) Except for the urgent and immediate concern for the safety of those aboard a vessel, a person shall not abandon a vessel upon a public waterway or public or private property without the express or implied consent of the owner or person in lawful possession or control of the property. (b) The abandonment of a vessel in a manner as provided in subdivision (a) is prima facie evidence that the last registered owner of record, not having notified the appropriate registration or documenting agency of any relinquishment of title or interest therein, is responsible for the abandonment and is thereby liable for the cost of the removal and disposition of the vessel. (c) A violation of this section is an infraction and shall be punished by a fine of not less than one thousand dollars ($1,000), nor more than three thousand dollars ($3,000). In addition, the court may order the defendant to pay to the agency that removes and disposes of the vessel the actual costs incurred by the agency for that removal and disposition. (d) Fines imposed and collected pursuant to this section shall be allocated as follows: (1) (A) Eighty percent of the moneys shall be deposited in the Abandoned Watercraft Abatement Fund, which is hereby created as a special fund. Moneys in the fund shall be used exclusively, upon appropriation by the Legislature, for grants to be awarded by the department to local agencies for the abatement, removal, storage, and disposal as public nuisances of any abandoned property as described in Section 522 or for the disposal of surrendered vessels as defined in Section 526.1, wrecked or dismantled vessels, or parts thereof, or any other partially submerged objects that pose a substantial hazard to navigation, from navigable waterways or adjacent public property, or private property with the landowner’s consent. These grants shall not be utilized for abatement, removal, storage, or disposal of commercial vessels. (B) In evaluating a grant request submitted by a local agency pursuant to subparagraph (A), the department shall place great weight on the following two factors: (i) The existence of an active local enforcement program to control and prevent the abandonment of watercraft within the local agency’s jurisdiction. (ii) The existence of a submerged navigational hazard abatement plan at the local level that provides for the control or abatement of water hazards, including, but not limited to, abandoned watercraft, wrecked watercraft, hazardous floating debris, submerged vessels and objects, and abandoned piers and pilings. (C) A grant awarded by the department pursuant to subparagraph (A) shall be matched by a 10-percent contribution from the local agency receiving the grant. (D) As a condition of receiving grant funding pursuant to this paragraph, a local agency shall report to the department data, as deemed appropriate by the department, regarding abandoned and surrendered vessels removed or anticipated for removal pursuant to this article. (2) Twenty percent shall be allocated as set forth in Section 1463.001 of the Penal Code. (e) The state shall not assume liability for any injuries or damages to a person or entity, public or private, connected to or resulting from the processing or disposal of a surrendered vessel, as defined in Section 526.1. (f) The department may adopt rules and regulations for the purpose of administering this section. (Amended (as amended by Stats. 2009, Ch. 416, Sec. 1) by Stats. 2013, Ch. 204, Sec. 1. (SB 122) Effective January 1, 2014.)
  83. 525.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The department must submit recommendations by January 1, 2005 on preventing recreational vessels from being abandoned. The director must appoint an advisory committee, and committee members serve without compensation and cannot be reimbursed by the state for expenses.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 525.5. (a) On or before January 1, 2005, the department shall submit recommendations to the Legislature on strategies to prevent recreational vessels from being abandoned and to facilitate the ability of owners to turn in their recreational vessels to public agencies for disposal in lieu of abandonment. (b) The recommendations shall be based on the expertise and data available to the department in relation to the existing abandoned watercraft abatement program administered by the department. (c) The recommendations shall consider all of the following: (1) The needs and desires of the recreational boating community in being able to properly and economically dispose of recreational vessels in lieu of abandoning them. (2) Any environmental, economic, safety, or practical problems that need to be addressed before initiating a program to allow recreational vessels to be turned in to a public agency in lieu of abandonment, and the associated benefits of that program or any program that can prevent recreational vessels from being abandoned. (3) An estimate of the number of vessels that may be turned in to local agencies in lieu of abandonment. (d) (1) The director shall appoint an Abandoned Vessel Advisory Committee to assist the department in preparing recommendations. (2) The membership of the committee shall include, but need not be limited to, representatives of all of the following: (A) Boating law enforcement agencies. (B) Entities that engage in the salvage or disposal of recreational vessels. (C) Boat dealers. (D) Boating, sailing, and yachting organizations. (E) Owners and operators of public and private marina facilities. (3) The members of the committee shall serve without compensation and may not be reimbursed by the state for expenses. (4) The department shall assist the committee in carrying out its duties. (Added by Stats. 2003, Ch. 357, Sec. 1. Effective January 1, 2004.)
  84. 526.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A public agency may sell or dispose of certain wrecked property only after meeting notice, hearing, timing, and appraisal conditions.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 526. (a) Notwithstanding any other provision of law, any wrecked property that is an unseaworthy derelict or hulk, abandoned property as described in Section 522, or property removed from a navigable waterway pursuant to Section 523 or 524 that is an unseaworthy derelict or hulk, may be sold or otherwise disposed of by the public agency that removed or caused the removal of the property pursuant to this section, subject to the following conditions, except a surrendered vessel, as defined in Section 526.1, may be disposed of immediately upon acceptance by a public agency and is not subject to the following conditions: (1) The property has been appraised by disinterested persons, and has an estimated value of less than two thousand dollars ($2,000). (2) There is no discernable registration, license, hull identification number, or other identifying insignia on the property, or the Department of Motor Vehicles is unable to produce any record of the registered or legal owners or lienholders. (3) Not less than 72 hours before the property was removed, the peace officer or authorized public employee securely attached to the property a distinctive notice stating that the property would be removed by the public agency. (4) Within 48 hours after the removal, excluding weekends and holidays, the public agency that removed or caused the removal of the property sent notice of the removal to the registered and legal owners, if known or discovered subsequent to the removal, at their addresses of record with the Department of Motor Vehicles, and to any other person known to have an interest in the property. A notice sent by the public agency shall be sent by certified or first-class mail. (5) If the public agency is unable to locate the registered and legal owners of the property or persons known to have an interest in the property as provided in paragraph (4), the public agency published, or caused to be published, the notice of removal for at least two weeks in succession in one or more daily newspapers circulated in the county. (b) The notice of removal required by paragraphs (3) to (5), inclusive, of subdivision (a) shall state all of the following: (1) The name, address, and telephone number of the public agency providing the notice. (2) A description of the property removed. (3) The location from which the property is to be or was removed. (4) The location of the intended or actual place of storage. (5) The authority and purpose for removal of the property. (6) A statement that the property may be claimed and recovered within 15 days of the date the notice of removal was issued pursuant to paragraph (4) or (5) of subdivision (a), whichever is later, after payment of any costs incurred by the public agency related to salvage and storage of the property, and that following the expiration of the 15-day period, the property will be sold or otherwise disposed of by the public agency. (7) A statement that the registered or legal owners or any other person known to have an interest in the property has the opportunity for a poststorage hearing before the public agency that removed, or caused the removal of, the property to determine the validity of the removal and storage if a request for a hearing is made in person or in writing to that public agency within 10 days from the date of notice; that if the registered or legal owners or any other person known to have an interest in the property disagree with the decision of the public agency, the decision may be reviewed pursuant to Section 11523 of the Government Code; and that during the time of the initial hearing, or during the time the decision is being reviewed pursuant to Section 11523 of the Government Code, the vessel in question shall not be sold or otherwise disposed of. (c) (1) Any requested hearing shall be conducted within 48 hours of the time the request for a hearing is received by the public agency, excluding weekends and holidays. The public agency that removed the vehicle may authorize its own officers or employees to conduct the hearing, but the hearing officer shall not be the same person who directed the removal and storage of the property. (2) The failure of either the registered or legal owners or any other person known to have an interest in the property to request or attend a scheduled hearing shall not affect the validity of the hearing. (d) The property may be claimed and recovered by its registered and legal owners, or by any other person known to have an interest in the property, within 15 days of the date the notice of removal was issued pursuant to paragraph (4) or (5) of subdivision (a), whichever is later, after payment of any costs incurred by the public agency related to salvage and storage of the property. (e) The property may be sold or otherwise disposed of by the public agency not less than 15 days from the date the notice of removal was issued pursuant to paragraph (4) or (5) of subdivision (a), whichever is later, or the date of actual removal, whichever is later. (f) The proceeds from the sale of the property, after deducting expenses for salvage, storage, sales costs, and any property tax liens, shall be deposited in the Abandoned Watercraft Abatement Fund for grants to local agencies, as specified in paragraph (1) of subdivision (d) of Section 525. (g) It is the intent of the Legislature that this section shall not be construed to authorize the lien sale or destruction of any seaworthy vessel, other than a surrendered vessel as defined in Section 526.1, that is currently registered and operated in accordance with local, state, and federal law. (Amended (as amended by Stats. 2009, Ch. 416, Sec. 3) by Stats. 2013, Ch. 204, Sec. 3. (SB 122) Effective January 1, 2014.)
  85. 526.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    This section defines a “surrendered vessel” as a recreational vessel willingly surrendered by the verified titleholder to a willing public agency under specified conditions.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 526.1. For purposes of this article, “surrendered vessel” means a recreational vessel that the verified titleholder has willingly surrendered to a willing public agency under both of the following conditions: (a) The public agency has determined, in its sole discretion, that the vessel is in danger of being abandoned, and therefore has a likelihood of causing environmental degradation or becoming a hazard to navigation. (b) The decision to accept a vessel is based solely on the potential of the vessel to likely be abandoned and cause environmental degradation or become a hazard to navigation. (Amended by Stats. 2013, Ch. 204, Sec. 5. (SB 122) Effective January 1, 2014.)
  86. 527.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The Legislature states that no more than $1,000,000 a year may be appropriated from one fund to another for certain local-agency grants, and those grants must be matched by at least a 10% local contribution.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Wrecks and Wrecked Property [510 - 527] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 527. It is the intent of the Legislature that a sum of not more than one million dollars ($1,000,000) be appropriated from the Harbors and Watercraft Revolving Fund to the Abandoned Watercraft Abatement Fund for grants to local agencies pursuant to paragraph (1) of subdivision (d) of Section 525 in each fiscal year and that grants from the Abandoned Watercraft Abatement Fund be matched by not less than a 10-percent contribution from the local agency receiving the grant. (Added by Stats. 1997, Ch. 930, Sec. 9. Effective January 1, 1998.)
  87. 530.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Salvage [530 - 534] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Sheriffs and people helping recover wrecked property can receive reasonable salvage and their expenses from the saved property, but the property must be held until payment or tender, and claimed salvage cannot exceed half the value unless the superior court allows more.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Salvage [530 - 534] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 530. Sheriffs and all persons employed by them or aiding in the recovery and preservation of wrecked property, are entitled to a reasonable allowance as salvage for their services, and to all expenses incurred by them in their performance, out of the property saved. The officer having the custody of the property shall detain it until the allowance is paid or tendered. But the whole salvage claimed shall not exceed one-half of the value of the property or proceeds on which it is charged, and every agreement, order, or adjustment allowing a greater salvage is void, unless ordered and allowed by the superior court of the county. (Enacted by Stats. 1937, Ch. 368.)
  88. 531.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Salvage [530 - 534] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    An officer directed to deliver wrecked property or its proceeds must give the claimant a written statement of salvage and expense claims.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Salvage [530 - 534] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 531. Every officer to whom an order for the delivery of wrecked property or the payment of its proceeds is directed, shall present to the claimant of the property or proceeds, a written statement of the claims for salvage and expenses. If the claimant refuses to allow that amount, it shall be adjusted as provided in this article. (Enacted by Stats. 1937, Ch. 368.)
  89. 532.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Salvage [530 - 534] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If salvage and expense amounts are not settled by agreement, the superior court of the county must determine them in summary proceedings on application by specified interested persons.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Salvage [530 - 534] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 532. If, in any case, the amount of salvage and expenses is not settled by agreement, on the application of the owner or consignee of the property, or the master or supercargo having charge at the time of the wreck, or of a claimant having an order for the property, or of a person claiming salvage or expenses, the superior court of the county shall determine the amount of salvage and expenses in a summary way, either by itself hearing the allegations and proofs, or by referring the questions to three disinterested freeholders of the county, who shall have the same powers and shall proceed in the same manner as referees in civil actions. Their decisions as to the whole amount and as to the sums to be paid to each person interested shall be entered as the judgment of the court. (Enacted by Stats. 1937, Ch. 368.)
  90. 533.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Salvage [530 - 534] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The person who asked for the contest must pay its fees and expenses, and those amounts are charged against the property saved. Each referee may be awarded per diem and expenses by the court.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Salvage [530 - 534] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 533. The fees and expenses of the contest shall be paid by the person upon whose application it was had, and are a charge on the property saved. Each referee is entitled to such per diem and expenses as the court may order. (Enacted by Stats. 1937, Ch. 368.)
  91. 534.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Salvage [530 - 534] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A rescuer of a wrecked vessel or its cargo, if not the master, mate, or crew, is entitled to reasonable compensation from the saved property and has a salvage lien.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Salvage [530 - 534] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 534. Any person, other than the master, mate, or a seaman of a wrecked vessel, who rescues it, or its appurtenances or cargo from danger, is entitled to a reasonable compensation, to be paid out of the property saved. He shall have a lien for salvage upon the vessel and its appurtenances or cargo, as the case may be. A claim for salvage, as such, can not accrue against any vessel, or its freight, or cargo, in favor of the owners, officers, or crew of another vessel belonging to the same owners; but the actual cost at the time of the services rendered by one such vessel to another, when in distress, are payable through a general average contribution on the property saved. (Enacted by Stats. 1937, Ch. 368.)
  92. 550.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Marine Debris [550 - 552] ( Article 3 added by Stats. 2015, Ch. 645, Sec. 1. )

    Verify source ↗

    This section defines “vessel” and “marine debris” for this article.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Marine Debris [550 - 552] ( Article 3 added by Stats. 2015, Ch. 645, Sec. 1. ) ## 550. For purposes of this article, the following terms have the following meanings: (a) A “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation by water. (b) “Marine debris” is a vessel or part of a vessel, including a derelict, wreck, hulk, or part of any ship or other watercraft or dilapidated vessel, that is unseaworthy and not reasonably fit or capable of being made fit to be used as a means of transportation by water. (Added by Stats. 2015, Ch. 645, Sec. 1. (AB 1323) Effective January 1, 2016.)
  93. 551.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Marine Debris [550 - 552] ( Article 3 added by Stats. 2015, Ch. 645, Sec. 1. )

    Verify source ↗

    Public agencies may remove and dispose of marine debris in specified waters and lands, and must give notice and wait 10 days in most cases.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Marine Debris [550 - 552] ( Article 3 added by Stats. 2015, Ch. 645, Sec. 1. ) ## 551. (a) (1) Notwithstanding any other law, marine debris that is floating, sunk, partially sunk, or beached in or on a public waterway, public beach, or on state tidelands or submerged lands may be removed and destroyed, or otherwise disposed of, by any state, county, city, or other public agency having jurisdiction over its location or having authority to remove marine debris or solid waste, subject to the following conditions: (A) The object meets the definition of marine debris in subdivision (b) of Section 550 and has no value or a value that does not exceed the cost of removal and disposal. (B) If there is no discernible registration, hull identification number, or other identification insignia, a peace officer or authorized public employee securely attaches to the marine debris a notice stating that the marine debris shall be removed by the public agency if not claimed or removed within 10 days. (C) If there is discernible registration, hull identification number, or other identification insignia, a notice is attached to the marine debris as described in subparagraph (B), and sent to the owner of the marine debris, if known, at the owner’s address of record with the Department of Motor Vehicles, by certified or first-class mail. (D) The marine debris remains in place for 10 days from the date of attaching the notice to the marine debris or from the date the notice letter was sent, whichever is later, before being removed. (2) (A) The notice attached to the marine debris shall state the name, address, and telephone number of the public agency providing the notice. (B) A notice sent to the owner shall contain the information specified in subparagraph (A), and further state that the marine debris will be removed and disposed of within 10 days if not claimed, and that the marine debris may be claimed and recovered upon the payment of the public agency’s costs. (b) Notwithstanding subdivision (a), marine debris that constitutes a public nuisance or a danger to navigation, health, safety, or the environment may be removed and disposed of immediately, unless the marine debris is whole or not demolished during removal, in which case it shall be maintained or stored for 10 days to permit notification of the owner. If the owner of the marine debris is not identifiable, the marine debris may be immediately destroyed or otherwise disposed of. (c) Costs incurred by a public agency for removal and disposal of marine debris may be recovered from an owner or any person or entity who placed the marine debris in or on or caused the marine debris to be in or on the public waterway, public beach, or state tidelands or submerged lands through any appropriate legal action in the courts of this state or by administrative action. (Added by Stats. 2015, Ch. 645, Sec. 1. (AB 1323) Effective January 1, 2016.)
  94. 552.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Marine Debris [550 - 552] ( Article 3 added by Stats. 2015, Ch. 645, Sec. 1. )

    Verify source ↗

    The State Lands Commission must adopt best management practices for salvage of marine debris by January 1, 2017, publish them on its website, and may later amend them using the same process.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Marine Debris [550 - 552] ( Article 3 added by Stats. 2015, Ch. 645, Sec. 1. ) ## 552. On or before January 1, 2017, the State Lands Commission shall adopt, at a public meeting and after consultation with interested state and local agencies, best management practices for salvage of marine debris. These best management practices shall be published by the State Lands Commission on its Internet Web site. The State Lands Commission may amend the best management practices from time to time by the same process, as the State Lands Commission deems necessary. (Added by Stats. 2015, Ch. 645, Sec. 1. (AB 1323) Effective January 1, 2016.)
  95. 570.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Offenses [570 - 571] ( Article 4 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A person who keeps wrecked property or its proceeds after salvage expenses and payment are settled can be fined, jailed, or both.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Offenses [570 - 571] ( Article 4 enacted by Stats. 1937, Ch. 368. ) ## 570. Any person who keeps any wrecked property, or its proceeds, after the salvage and expenses have been agreed to or adjusted, and the amount paid to him, is punishable by fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding one year, or both. (Enacted by Stats. 1937, Ch. 368.)
  96. 571.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Offenses [570 - 571] ( Article 4 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A person who takes or possesses certain stranded or found goods must deliver them to the county sheriff, or notify the sheriff of readiness, within 30 days, or face misdemeanor liability.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Wrecks and Salvage [510 - 571] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Offenses [570 - 571] ( Article 4 enacted by Stats. 1937, Ch. 368. ) ## 571. (a) A person who takes away any goods from a stranded vessel, or any goods cast by the sea upon the land, or found in a bay or creek, or who knowingly has in his or her possession any goods so taken or found, and does not deliver them to the sheriff of the county where they were found, or notify him or her of his or her readiness to do so within 30 days after they have been taken by him or her or have come into his or her possession, is guilty of a misdemeanor. (b) A person found guilty of a misdemeanor violation of this section shall be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the county jail not to exceed six months, or both that fine and imprisonment. (Amended by Stats. 2009, Ch. 610, Sec. 30. (SB 717) Effective January 1, 2010.)
  97. 5820.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [5820 - 5825] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A qualifying portion of a county may be formed into a harbor improvement district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [5820 - 5825] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 5820. Any portion of a county in this state, the exterior boundaries of which include a bay, harbor, inlet, or navigable water of the Pacific Ocean, may be formed into a district for the improvement or development of a harbor. The work may include the dredging of channels, shipways, ship berths, anchorage places, and turning basins, and the construction of jetties, breakwaters, bulkheads, seawalls, wharves, ferry slips, and warehouses. (Added by Stats. 1986, Ch. 195, Sec. 9.)
  98. 5821.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [5820 - 5825] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If at least 50 persons in a county that includes a harbor want to form a district for harbor improvement or development, they may submit a written petition signed by them to the county board of supervisors.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [5820 - 5825] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 5821. Whenever fifty or more persons in any county of this State, the exterior boundaries of which include a harbor, desire to form a district within the county for the improvement or development of a harbor, they may present a petition in writing signed by them to the board of supervisors of the county. (Enacted by Stats. 1937, Ch. 368.)
  99. 5822.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [5820 - 5825] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A petition for a proposed harbor improvement district must include specified information about the district, the harbor, boundaries, proposed work, and costs.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [5820 - 5825] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 5822. The petition shall show: (a) The name of the proposed district. (b) The official name or name by which the harbor is commonly known. (c) Whether the improvement, development, protection, maintenance, management or control of the harbor, or any part of it, is vested in or exercised by a harbor commission. (d) The exterior boundaries of the proposed district, which may include incorporated territory, or both incorporated and unincorporated territory, but shall include the whole or some part of the harbor proposed to be improved or developed. (e) A general description of the proposed improvement and development work. (f) The estimated cost of the improvement or development, and the incidental expenses. (Enacted by Stats. 1937, Ch. 368.)
  100. 5823.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [5820 - 5825] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A petition must request that the territory be formed into a harbor district for harbor improvement or development.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [5820 - 5825] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 5823. The petition shall contain a request that the territory included within the boundaries be formed into a harbor district for the purpose of the improvement or development of the harbor. (Enacted by Stats. 1937, Ch. 368.)
  101. 5824.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [5820 - 5825] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Each signer of the petition must be a registered voter, a resident, and a freeholder within the proposed district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [5820 - 5825] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 5824. Each signer of the petition shall be a registered voter, resident, and freeholder within the proposed district. (Enacted by Stats. 1937, Ch. 368.)
  102. 5825.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [5820 - 5825] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The petition must be published before the hearing, and the notice must say when and where the hearing will happen and that interested people may appear and be heard.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [5820 - 5825] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 5825. The petition shall be published for at least two weeks preceding the hearing in a newspaper of general circulation printed in the county, together with a notice signed by not exceeding three of the petitioners. The notice shall state the day, hour and place at which the petition will be presented to the board of supervisors for hearing, and that all persons interested may appear and be heard at this time and place. (Enacted by Stats. 1937, Ch. 368.)
  103. 5859.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board of supervisors must enter a minutes order that finally तयmines the district’s exterior boundaries, the harbor work to be done, and the estimated cost and incidental expenses.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 5859. The board of supervisors shall make and have entered in the minutes an order finally determining the exterior boundaries of the district, the improvement or development work to be done in the harbor, and the estimated cost, and the incidental expenses. (Enacted by Stats. 1937, Ch. 368.)
  104. 5860.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board must pass a resolution calling an election on forming the district and authorizing bonded debt and bond sales.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 5860. The board shall pass a resolution calling an election for the purpose of submitting to the qualified voters the proposition of the formation of the district and incurring a bonded debt and issuing and selling bonds, to pay the cost of the improvement or development work, in a sum not greater than the estimated cost, and the incidental expenses as found by the board. (Enacted by Stats. 1937, Ch. 368.)
  105. 5861.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board of supervisors’ resolution must set the election date, precincts, polling places, election board members, the purpose and principal amount of the debt, and a maximum interest rate.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 5861. This resolution of the board of supervisors shall: (a) Fix the date of the election which shall be not less than 130 days after the date of the passage of the resolution. (b) Designate one or more voting precincts and generally describe the boundaries of each precinct. (c) Designate a place within each precinct at which the polls will be opened for the purpose of the election on the date of the election. (d) Appoint a board of election for each precinct, consisting of one inspector, one judge, and one clerk, each of whom shall be a registered elector of, and reside within, the precinct for which he or she is appointed. (e) State the object and purposes for which the indebtedness is proposed to be incurred and the amount of the principal of the indebtedness. (f) Recite a maximum rate of interest to be paid on indebtedness, not exceeding seven per cent per annum, payable semiannually. (Amended by Stats. 2002, Ch. 221, Sec. 48. Effective January 1, 2003.)
  106. 5862.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The resolution must state how voting will work on the debt and district-formation questions, and the election is otherwise governed by the state’s general election law where applicable.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 5862. The resolution shall also prescribe the manner of voting for or against the incurring of the indebtedness and for or against the formation of the district, and in all particulars not recited in the resolution or as otherwise provided for in this part, the election shall be held in accordance with the general election law of the state, so far as it is applicable, but it is not necessary to mail or send out sample ballots or precinct polling cards. (Enacted by Stats. 1937, Ch. 368.)
  107. 5863.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The resolution must invite qualified voters in the proposed district to vote on forming the district and incurring indebtedness.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 5863. The resolution shall invite the qualified voters residing in the proposed district to vote upon the proposition by marking on the ballot opposite the proposition of the formation of the district and of the incurring of indebtedness thereby. (Amended by Stats. 2002, Ch. 221, Sec. 49. Effective January 1, 2003.)
  108. 5864.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The election ballot must follow a prescribed form, and ballots with erasures or distinguishing marks are forbidden and void.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 5864. The ballot to be used at the election shall be substantially in the following form: HARBOR DISTRICT OFFICIAL BALLOT Instructions to voters: To vote in favor of the formation of the harbor district and the incurring of the indebtedness thereby, mark in the voting area at the right of the words “For the harbor district.” To vote against the formation of the harbor district and the incurring of the indebtedness thereby, mark in the voting area at the right of the words “Against the harbor district.” All erasures and distinguishing marks are forbidden and make the ballot void. If you wrongly stamp, tear, or deface this ballot, return it to the inspector of elections and obtain another. PROPOSITION “For the harbor district” (here set forth a general statement of the purposes for which the indebtedness is to be incurred, and the amount of the indebtedness). “Against the harbor district” (here set forth a general statement of the purposes for which the indebtedness is to be incurred and the amount of the indebtedness). (Amended by Stats. 2010, Ch. 328, Sec. 109. (SB 1330) Effective January 1, 2011.)
  109. 5865.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The resolution calling the election must be published under Government Code Section 6061.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 5865. The resolution calling the election shall be published pursuant to Section 6061 of the Government Code. The passage of the resolution and its publication constitute the notice of election and no other notice need be given. (Amended by Stats. 2002, Ch. 221, Sec. 51. Effective January 1, 2003.)
  110. 5866.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    On election day, polling places must open at 7:00 a.m., stay open until 8:00 p.m., and then close. Electors already in the polling place or line who have not yet voted must be allowed to vote after 8:00 p.m.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 5866. On the day of the election the polls at each of the polling places designated by the board of supervisors shall be opened at the hour of seven o’clock a.m. and shall be kept opened until the hour of eight o’clock p.m. of the same day, when the polls shall be closed. Any elector within the polling place or standing in line thereat who has not had an opportunity to vote and desires to vote shall be permitted to vote after the hour of eight o’clock p.m. of the day of election. (Amended by Stats. 2002, Ch. 221, Sec. 52. Effective January 1, 2003.)
  111. 5867.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    After polls close, each precinct’s election board must close the polls and deposit the ballots with the county elections official.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 5867. When the polls are closed, the board of election in each precinct shall close the polls in accordance with the election laws of the state governing general elections, and deposit the ballots with the county elections official of the county in which the election is held. (Amended by Stats. 2002, Ch. 221, Sec. 53. Effective January 1, 2003.)
  112. 5868.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board of supervisors must canvass the election returns and enter a finding in the meeting minutes at its first regular meeting after the election.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 5868. The board of supervisors at its first regular meeting after the date of the election shall canvass the returns of the election, and shall have entered upon the minutes of the meeting a finding showing the number of votes cast in each precinct for the district and the incurring of the indebtedness, and the number of votes cast against the district and the incurring of the indebtedness, and the total number of votes cast in all the precincts for and against the harbor district and the incurring of the indebtedness. (Enacted by Stats. 1937, Ch. 368.)
  113. 5869.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If the board of supervisors finds the vote failed, it must record that fact in its minutes and stop proceedings under the petition.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 5869. If from the canvass it appears and the board of supervisors finds that a majority of the votes were not cast for the proposed district and the incurring of indebtedness thereby, it shall enter that fact upon its minutes, and no further proceedings shall be taken under the petition, but a new petition and notice may be signed, published, and filed and a new proceeding had after the expiration of one year from the date of the election. (Enacted by Stats. 1937, Ch. 368.)
  114. 5870.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If the election result shows more than a majority voted for the district and the debt, the board of supervisors must record the finding and issue the formation order.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 5870. If it appears and the board of supervisors finds that more than a majority of the votes cast at the election were cast for the district and the incurring of the indebtedness, it shall have that fact entered upon the minutes, together with a description of the boundaries of the district, its name, and the official name or names by which the district is commonly known, and enter an order declaring the district duly formed, and existing in the county in which the proceedings were had, and that an indebtedness of the district is authorized in the principal sum specified, to pay the cost of making the improvement or development, as set forth in the resolution. (Enacted by Stats. 1937, Ch. 368.)
  115. 5871.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The clerk of the board of supervisors must immediately prepare, certify, and send a copy of the minutes and order to the Secretary of State.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 5871. The clerk of the board of supervisors shall thereupon immediately make up and certify a copy of these minutes and order and transmit them to the Secretary of State. (Enacted by Stats. 1937, Ch. 368.)
  116. 5872.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The Secretary of State must file a certificate, seal it, and send it to the county board of supervisors clerk within five days.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 5872. The Secretary of State shall file the certificate in his or her office, and within five days thereafter shall execute under the great seal of the State, and transmit to the clerk of the board of supervisors of the county in which the proceedings were had, a certificate that a harbor district under the name set forth in the petition has been formed and exists in that county. (Amended by Stats. 2002, Ch. 221, Sec. 54. Effective January 1, 2003.)
  117. 5873.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The clerk of the board of supervisors must file the certificate in the clerk’s office.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 5873. The clerk of the board of supervisors shall file the certificate in his or her office and upon the filing of the certificate of the Secretary of State in the office of the clerk of the board of supervisors, the formation of the district is complete, and an indebtedness is authorized in the sum specified in the resolution calling the election. (Amended by Stats. 2002, Ch. 221, Sec. 55. Effective January 1, 2003.)
  118. 5874.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Court challenges to the district’s formation or authorized debt must be brought within 60 days after the Secretary of State’s certificate is filed with the board of supervisors’ clerk.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [5820 - 5874] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and Issuance of Bonds [5859 - 5874] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 5874. An action or proceeding shall not be maintained or prosecuted in any court whatever to test or to invalidate the formation of the district or the authorized indebtedness unless it is commenced in a court of competent jurisdiction within 60 days after the date of the filing of the certificate of the Secretary of State in the office of the clerk of the board of supervisors. (Amended by Stats. 2002, Ch. 221, Sec. 56. Effective January 1, 2003.)
  119. 5880.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Bonds [5880 - 5893] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Issuance and Sale [5880 - 5884] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board of supervisors must pass a resolution to issue and sell bonds, and must prescribe the form of the bonds.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Bonds [5880 - 5893] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Issuance and Sale [5880 - 5884] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 5880. The board of supervisors shall pass a resolution providing for the issuance and sale of bonds to represent the principal of the indebtedness authorized to pay the cost of the improvement or development work in the harbor, and shall prescribe the form of the bonds. (Enacted by Stats. 1937, Ch. 368.)
  120. 5881.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Bonds [5880 - 5893] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Issuance and Sale [5880 - 5884] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Bonds issued under this part must be repaid each year in an amount set by the board of supervisors, with interest on unpaid sums.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Bonds [5880 - 5893] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Issuance and Sale [5880 - 5884] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 5881. All bonds issued under this part shall be payable substantially in the following manner: A part to be determined by the board of supervisors, which shall be not less than one-fortieth part of the whole indebtedness, shall be paid each year on a date, and at a place to be fixed by the board of supervisors, and designated in the bonds, together with interest on all sums unpaid at that date. (Enacted by Stats. 1937, Ch. 368.)
  121. 5882.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Bonds [5880 - 5893] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Issuance and Sale [5880 - 5884] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The county board of supervisors may set bond denominations, but each bond must be between $100 and $1,000. The bonds must be payable on the date and place stated in the bond, and interest is paid semiannually at a rate that cannot exceed the election-resolution maximum.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Bonds [5880 - 5893] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Issuance and Sale [5880 - 5884] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 5882. The board of supervisors of the county may determine the denomination of the bonds, except that no one bond shall be of a denomination less than one hundred nor more than one thousand dollars. The bonds shall be payable on the date and at the place fixed in the bond, with interest payable semiannually at the rate specified in the bond, which shall not exceed the maximum fixed by the resolution calling the election. (Enacted by Stats. 1937, Ch. 368.)
  122. 5883.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Bonds [5880 - 5893] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Issuance and Sale [5880 - 5884] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    County officials must sign and countersign the bonds and sign the coupons; a signature remains valid even if the officer leaves office before delivery to the purchaser.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Bonds [5880 - 5893] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Issuance and Sale [5880 - 5884] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 5883. The bonds shall be signed by the chairman of the board of supervisors, and the treasurer, and countersigned by the auditor of the county. The coupons upon the bonds shall be numbered consecutively and signed by the county treasurer. If any officer whose signature or counter-signature appears on the bonds or coupons ceases to be an officer before the delivery of the bonds to the purchaser, his signature or counter-signature is as valid as if he had remained in office. (Enacted by Stats. 1937, Ch. 368.)
  123. 5884.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Bonds [5880 - 5893] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Issuance and Sale [5880 - 5884] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The county board of supervisors may issue and sell bonds, but not below par value plus accrued interest at delivery.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Bonds [5880 - 5893] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Issuance and Sale [5880 - 5884] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 5884. Bonds may be issued and sold by the board of supervisors of the county for not less than their par value and accrued interest at the date of delivery, and the proceeds shall be placed in the treasury of the county to the credit of the proper improvement fund, and applied exclusively to the purposes mentioned in the resolution and for which the bonds were voted. (Enacted by Stats. 1937, Ch. 368.)
  124. 5890.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Bonds [5880 - 5893] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Payment of Bonds, Taxation [5890 - 5893] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The county board of supervisors must levy and collect an annual tax to cover bond interest and principal due before the next general tax levy, until the bonds are paid or enough money has been set aside.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Bonds [5880 - 5893] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Payment of Bonds, Taxation [5890 - 5893] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 5890. Bonds issued are obligations of the district and the board of supervisors of the county shall, at the time of fixing the general tax levy and in the manner provided for the general tax levy, levy and collect annually until the bonds are paid, or until there is a sufficient sum in the treasury of the county set apart to meet all sums coming due for principal and interest on the bonds, a tax sufficient to pay the annual interest on the bonds and the part of the principal which will become due before the time for fixing the next general tax levy. (Enacted by Stats. 1937, Ch. 368.)
  125. 5891.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Bonds [5880 - 5893] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Payment of Bonds, Taxation [5890 - 5893] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Taxes for the district must be levied on all taxable district property, added on top of other county taxes, collected like other county taxes, and used only to pay the bonds and interest.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Bonds [5880 - 5893] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Payment of Bonds, Taxation [5890 - 5893] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 5891. The taxes shall: (a) Be levied upon all of the property within the district taxable for county purposes. (b) Be in addition to all other taxes levied for county purposes. (c) Be collected at the same time and in the same manner as other county taxes are collected. (d) Be used for no purpose other than payment of the bonds and accruing interest. (Enacted by Stats. 1937, Ch. 368.)
  126. 5892.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Bonds [5880 - 5893] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Payment of Bonds, Taxation [5890 - 5893] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board of supervisors may levy taxes on property in the district for district maintenance and for harbor improvements.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Bonds [5880 - 5893] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Payment of Bonds, Taxation [5890 - 5893] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 5892. The board of supervisors may at the same time and in the same manner levy upon all of the property in the district a tax sufficient to pay the ordinary annual expenses of maintenance of the district and it may also levy a tax sufficient to meet expenditures for any further improvement and development of the harbor which the board deems necessary and advisable. (Amended by Stats. 1937, Ch. 844.)
  127. 5893.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Bonds [5880 - 5893] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Payment of Bonds, Taxation [5890 - 5893] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The district may not levy a tax above $0.20 for each $100 of assessed valuation within the district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Bonds [5880 - 5893] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Payment of Bonds, Taxation [5890 - 5893] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 5893. In no event shall the district levy a tax in excess of twenty cents ($0. 20) for each one hundred dollars ($100) of assessed valuation within the district. (Added by Stats. 1971, Ch. 1356.)
  128. 5900.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If a district is formed under this part and is controlled by the county board of supervisors, the board may pass necessary ordinances to regulate the district, and violating those ordinances is a misdemeanor.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 5900. Whenever any district is formed pursuant to this part and its control is vested in the board of supervisors of the county in which the district is situated, the board of supervisors may pass all necessary ordinances for the regulation of the district and provide that the violation of such ordinances constitutes a misdemeanor. (Amended by Stats. 1937, Ch. 844.)
  129. 5900.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board may sue and be sued in the district’s name.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 5900.1. The board may sue and be sued in the name of the district. (Added by Stats. 1937, Ch. 844.)
  130. 5900.10.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A person who violates an ordinance adopted by the board of supervisors under this part commits a misdemeanor.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 5900.10. Every person who violates the provisions of any ordinance enacted by the board of supervisors pursuant to this part, is guilty of a misdemeanor. (Added by Stats. 1937, Ch. 844.)
  131. 5900.11.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A district may destroy a record if it follows the referenced Government Code procedure.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 5900.11. A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code. (Added by Stats. 2005, Ch. 158, Sec. 13. Effective January 1, 2006.)
  132. 5900.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board may adopt a seal and change it whenever it wants.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 5900.2. The board may adopt a seal and alter it at pleasure. (Added by Stats. 1937, Ch. 844.)
  133. 5900.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board may acquire and dispose of real and personal property, inside or outside the district, when needed to exercise its powers.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 5900.3. The board may take by grant, purchase, gift, devise, lease and dispose of real and personal property of every kind within or without the district necessary to the full or convenient exercise of their powers. (Added by Stats. 1937, Ch. 844.)
  134. 5900.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board may use eminent domain to take property when it is necessary or convenient to carry out the powers given by this part.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 5900.4. The board may exercise the right of eminent domain to take any property necessary or convenient to the exercise of the powers conferred by this part. (Amended by Stats. 1975, Ch. 582.)
  135. 5900.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board may borrow money, incur indebtedness, and issue bonds if it considers this necessary for harbor improvement and development.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 5900.5. The board may borrow money and incur indebtedness and issue bonds or other evidence of the indebtedness in the manner, and to the extent, deemed necessary by the board for further improvement and development of the harbor. The board also may do any other acts, and exercise any other powers, which may be necessary or convenient for the full exercise of the powers specifically granted by this part. (Added by Stats. 1986, Ch. 195, Sec. 10.)
  136. 5900.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    When board-authorized improvement or development work is completed, control of the work and the improved harbor passes to the board. The board may also hire and pay the workers it needs to manage the harbor.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 5900.6. When any improvement or development work done under the authority of the board is completed, the maintenance, management, and control of the work done, and of the harbor as so improved, shall pass to and be vested in the board. The board may employ and pay all necessary agents, servants, and employees to manage, maintain, and control the harbor. (Added by Stats. 1986, Ch. 195, Sec. 11.)
  137. 5900.7.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If part of a harbor is inside an incorporated city, the board of supervisors may make arrangements or contracts with that city’s governing body to buy and maintain fireboats, patrol boats, sanitary equipment, and other necessary harbor-protection equipment.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 5900.7. If any portion of the harbor is situated within the boundaries of any incorporated city, the board of supervisors may enter into arrangements or contracts with the governing body of that city, upon such terms as may be agreed upon, for the purchase and maintenance of fireboats, patrol boats, sanitary and other equipment which the board deems necessary for the proper protection of the harbor. (Added by Stats. 1986, Ch. 195, Sec. 12.)
  138. 5900.8.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board must supervise the harbor and may make general rules for its government, so long as they do not conflict with city police powers or the city’s licensing and regulation of businesses.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 5900.8. The board shall exercise general supervision over the harbor and may adopt general rules and regulations for the government thereof, which in its judgment will best promote the interests thereof, if these rules and regulations do not conflict with the right of any city to exercise its police powers, or with the right of the city to license and regulate business enterprises within its corporate limits. If any business or enterprise is located adjacent to or affects the use and enjoyment of the waters of the harbor, the approval of the board of supervisors shall be necessary to the licensing and regulation thereof. (Added by Stats. 1937, Ch. 844.)
  139. 5900.9.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board may regulate vessel anchorages, wharfages, and dockage in the harbor by ordinance, and may set and collect related fees and licenses.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 5900.9. The board may provide by ordinance for the regulation of anchorages, wharfages and dockage of vessels within the harbor and it may establish and collect fees and licenses therefor. The proceeds when collected shall be deposited to the credit of the harbor district fund. (Added by Stats. 1937, Ch. 844.)
  140. 5901.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A city governing body may adopt ordinances regulating harbor matters within its police powers, so long as the rules do not conflict with this part or with a lawful ordinance of the board of supervisors.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 5901. The governing body of a city within which a portion of the harbor is situated may establish by ordinance any regulations which are proper in the exercise of its police powers which regulations do not conflict with the provisions of this part, or with any lawful ordinance of the board of supervisors. (Amended by Stats. 1937, Ch. 844.)
  141. 5902.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board of supervisors may create a seven-person harbor commission by ordinance, and must by ordinance define the commission’s powers and duties.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 5902. The board of supervisors may by ordinance provide for the appointment of a harbor commission consisting of seven persons, and shall by ordinance define its powers and duties. (Amended by Stats. 1971, Ch. 1356.)
  142. 5903.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The district may turn over bond proceeds, or its share of joint project costs, to the United States or its agencies for the relevant improvement work when the work is being done by cooperation or jointly with the United States.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 5903. If the purposes for which the bonds were voted are being or shall be carried out by cooperation or agreement between the United States of America or any department, officer or agency thereof, and the district, the proceeds of the bonds may be turned over to the United States of America, or any department, officer or agency thereof, to be expended by it in the performance of the improvement or development work for which the bonds were voted. If the improvement or development work for which the bonds of the district were voted is to be done jointly with the United States of America, or any department, officer or agency thereof, the portion of the cost to be borne by the district may be turned over to the United States of America, or any department, officer or agency thereof, to be expended by it in the performance of the improvement or development work, and all cooperative arrangements or agreements heretofore entered into are hereby validated, legalized and confirmed, and the payment and turning over to the United States of America or to any department, officer or agency thereof, heretofore or hereafter of the proceeds of any harbor district bonds for expenditure by the United States of America, or any department, officer or agency thereof, in the performance of the improvement or development work for which the bonds were voted is hereby validated, legalized and confirmed for all purposes and the performance of the work by or under the supervision of the United States of America, or any department, officer or agency thereof, is hereby validated, legalized and confirmed. (Enacted by Stats. 1937, Ch. 368.)
  143. 5904.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The district may levy assessments, reassessments, special taxes, and issue bonds to fund specified waterway and maintenance projects, subject to listed financing laws and limits.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Management and Control [5900 - 5904] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 5904. (a) The district may, in any year, levy assessments, reassessments, or special taxes and issue bonds to finance waterway construction projects and related operations and maintenance, or operations and maintenance projects independent of construction projects in accordance with, and pursuant to, the Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), the Benefit Assessment Act of 1982 (Chapter 6.4 (commencing with Section 54703) of the Government Code), the Integrated Financing District Act (Chapter 1.5 (commencing with Section 53175) of Division 2 of Title 5 of the Government Code), the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code), and the Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). (b) Sections 5116, 5117, 5118, 5119, 5190, 5191, 5192, 5193, 10104, and 10302 of the Streets and Highways Code shall not apply to assessment proceedings undertaken pursuant to this section. (c) Notwithstanding the related provisions of any assessment act which the district is authorized to use, any assessment diagram which any of those acts requires to be prepared prior to final approval of the assessment district may show only the exterior boundaries of the assessment district and the boundaries of any assessment zones or improvement areas within the district. The diagram may refer to the county assessor’s maps and records for a detailed description of each lot or parcel. (d) Notwithstanding any other provision of law, the district may levy and collect assessments and reassessments in the same manner as provided in Article 3 (commencing with Section 51320) of Chapter 2 of Part 7 of Division 15 of the Water Code, to pay any or all of the following: (1) For the operation and maintenance of projects, including maintenance of lands, easements, rights-of-way, dredge material disposal areas, and remediation. (2) For the satisfaction of liabilities arising from projects. (3) To accumulate a fund which may be used to advance the cost of district projects, provided that the advances be repaid, with interest as determined by the commissioners, from assessments, reassessments, special taxes, or fees charged by the district pursuant to this section. (4) To acquire real property, easements, or rights-of-way for a navigation project or the maintenance of a navigation project. (5) To acquire real property within the district for the disposal of dredged material. (e) For purposes of this section, functions designated by Article 3 (commencing with Section 51320) of Chapter 2 of Part 7 of Division 15 of the Water Code to be performed by the board of supervisors, the board of trustees, or valuation commissioners shall be performed by the district’s board. (f) For purposes of this section, the board may order the creation of a separate assessment roll to pay the allowable expenses of any single project or any group or system of projects. (g) Notwithstanding any other provision of law, all assessments, reassessments, and taxes levied by the district may be collected together with, and not separately from, taxes for county purposes. Any county in which the district is located may collect, at the request of the district, all assessments, reassessments, and special taxes levied by the district and shall cause those revenues to be deposited into the county treasury to the credit of the district. Each county may deduct its reasonable collection and administrative costs. (h) Notwithstanding any other provision of law, any assessment or reassessment levied pursuant to this section may be apportioned on the basis of land use category, tonnage shipped on the waterway, size and type of vessel using the waterway, front footage, acreage, capital improvements, or other reasonable basis, separately or in combination, as determined by the district commissioners. (i) Notwithstanding any other provision of law, Division 4 (commencing with Section 2800) of the Streets and Highways Code shall not apply to any assessment levied by the district. (j) Notwithstanding any other provision of law, no bond issued pursuant to this section shall be used to fund the routine maintenance dredging of channels. (Added by Stats. 1991, Ch. 978, Sec. 1.)
  144. 5905.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3.5. Claims [5905- 5905.] ( Chapter 3.5 added by Stats. 1959, Ch. 1727. )

    Verify source ↗

    Claims for money or damages against the district are governed by specified Government Code provisions, except as otherwise provided or by other applicable statutes or regulations.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3.5. Claims [5905- 5905.] ( Chapter 3.5 added by Stats. 1959, Ch. 1727. ) ## 5905. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Amended by Stats. 1963, Ch. 1715.)
  145. 5910.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Improvement of Other Harbor or Harbors Within the District [5910 - 5915] ( Chapter 4 added by Stats. 1949, Ch. 565. )

    Verify source ↗

    A harbor improvement district may improve, develop, protect, and maintain harbors within its boundaries, following this chapter and the Public Contract Code.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Improvement of Other Harbor or Harbors Within the District [5910 - 5915] ( Chapter 4 added by Stats. 1949, Ch. 565. ) ## 5910. Any harbor improvement district organized and existing pursuant to Part 2 (commencing with Section 5800) of Division 8 may improve, develop, protect, and maintain any or all harbors within its boundaries in accordance with the procedure, and in the manner provided, in this chapter and in the Public Contract Code, except that nothing in this chapter or in the Public Contract Code affects state-owned tidelands and submerged lands or the jurisdiction of the State Lands Commission over tidelands and submerged lands. (Added by Stats. 1986, Ch. 195, Sec. 13.)
  146. 5911.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Improvement of Other Harbor or Harbors Within the District [5910 - 5915] ( Chapter 4 added by Stats. 1949, Ch. 565. )

    Verify source ↗

    A county board of supervisors may direct the harbor commission to prepare surveys, plans, cost estimates, and a recommendation report for improving, developing, or protecting harbors in the district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Improvement of Other Harbor or Harbors Within the District [5910 - 5915] ( Chapter 4 added by Stats. 1949, Ch. 565. ) ## 5911. The board of supervisors of any county in which the district is situated may direct the harbor commission, appointed pursuant to Section 5902 of this part, to prepare surveys for the improvement, development or protection of any harbor or harbors within the district, prepare plans therefor and estimates of cost thereof, and to report to the board of supervisors thereon, with its recommendations covering the necessity, advantages and benefits to be derived by the improvement, development or protection of such harbor or harbors. (Added by Stats. 1949, Ch. 565.)
  147. 5912.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Improvement of Other Harbor or Harbors Within the District [5910 - 5915] ( Chapter 4 added by Stats. 1949, Ch. 565. )

    Verify source ↗

    After receiving the harbor commission’s report and recommendation, the board must set a hearing date, hold the hearing within a 20- to 30-day window after filing, and publish notice in a newspaper in the district at least twice.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Improvement of Other Harbor or Harbors Within the District [5910 - 5915] ( Chapter 4 added by Stats. 1949, Ch. 565. ) ## 5912. Upon receiving the report and recommendation of the harbor commission, the board shall fix a date for hearing on the report to consider and determine the feasibility of the project or projects submitted. The hearing shall be held not more than thirty (30) days nor less than twenty (20) days after the filing of the report, and the board shall cause notice of the fact that the report has been filed and of the date fixed for the hearing to be published by at least two (2) publications in a newspaper published within the district. (Added by Stats. 1949, Ch. 565.)
  148. 5913.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Improvement of Other Harbor or Harbors Within the District [5910 - 5915] ( Chapter 4 added by Stats. 1949, Ch. 565. )

    Verify source ↗

    The board of supervisors must conduct its hearing, investigation, determination, and findings under Sections 5835 to 5841, unless those sections conflict with this chapter.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Improvement of Other Harbor or Harbors Within the District [5910 - 5915] ( Chapter 4 added by Stats. 1949, Ch. 565. ) ## 5913. The hearing, investigation, determination and findings of the board of supervisors shall be conducted and made in accordance with the provisions of Sections 5835 to 5841, inclusive, of this part, which sections are incorporated herein to the extent that they are not inconsistent with the provisions of this chapter. (Added by Stats. 1949, Ch. 565.)
  149. 5914.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Improvement of Other Harbor or Harbors Within the District [5910 - 5915] ( Chapter 4 added by Stats. 1949, Ch. 565. )

    Verify source ↗

    After a final hearing, the board may order harbor development, improvement, or protection if it finds the project is feasible and the cost is not disproportionate to the benefits.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Improvement of Other Harbor or Harbors Within the District [5910 - 5915] ( Chapter 4 added by Stats. 1949, Ch. 565. ) ## 5914. Upon final hearing, if the board finds that the harbor or harbors can be improved, developed and protected as generally described in the report and recommendation of the harbor commission at a cost not disproportionate to the benefits to be derived from the proposed project, the board may order the development, improvement or protection of the harbor or harbors in accordance with its findings. (Added by Stats. 1949, Ch. 565.)
  150. 5915.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Improvement of Other Harbor or Harbors Within the District [5910 - 5915] ( Chapter 4 added by Stats. 1949, Ch. 565. )

    Verify source ↗

    The board may finance improvements for additional harbors by issuing bonds, borrowing money, incurring debt, and levying taxes, but no bonds may be issued unless the bonded indebtedness is first approved at an election.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Improvement of Other Harbor or Harbors Within the District [5910 - 5915] ( Chapter 4 added by Stats. 1949, Ch. 565. ) ## 5915. For the purpose of financing the improvement, development, protection and maintenance of such additional harbor or harbors, the board may issue bonds, borrow money, incur indebtedness and levy taxes, all in the same manner and to the same extent as in the improvement, development, protection and maintenance of the harbor for which the district was originally formed, and shall in all other respects have the same powers and duties with respect to the improvement, development, protection and maintenance of such additional harbor or harbors as it has with respect to the original harbor for which the district was formed. The board may issue no bonds hereunder unless the incurring of the bonded indebtedness for the improvement, development, protection and maintenance of such additional harbor or harbors shall first have been approved at an election held in the manner provided in Article 3, Chapter 1, Part 2 of Division 8 of this code, and pursuant to the provisions of said article with reference to the incurring of bonded indebtedness. (Added by Stats. 1949, Ch. 565.)
  151. 5940.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Acquisition, Improvement or Maintenance of Lands for Public Beaches [5940 - 5945] ( Chapter 5 added by Stats. 1961, Ch. 441. )

    Verify source ↗

    A harbor improvement district may acquire and manage lands for public beaches within its boundaries, but not in a way that affects state-owned tidelands, submerged lands, or the State Lands Commission’s jurisdiction.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Acquisition, Improvement or Maintenance of Lands for Public Beaches [5940 - 5945] ( Chapter 5 added by Stats. 1961, Ch. 441. ) ## 5940. Any harbor improvement district organized and existing pursuant to this part may purchase, lease or obtain by gift lands for public beaches located within the boundaries of the district and may hold, improve or maintain such lands. Any and all such acquisition, improvement or maintenance as is authorized herein shall be accomplished and carried out in accordance with the procedure and in the manner hereinafter provided in this chapter, except that nothing in this chapter shall affect state-owned tidelands and submerged lands or the jurisdiction of the State Lands Commission over tidelands and submerged lands. (Added by Stats. 1961, Ch. 441.)
  152. 5941.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Acquisition, Improvement or Maintenance of Lands for Public Beaches [5940 - 5945] ( Chapter 5 added by Stats. 1961, Ch. 441. )

    Verify source ↗

    A county board of supervisors may direct the harbor commission to prepare surveys, plans, and cost estimates for authorized land work and to report back with recommendations.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Acquisition, Improvement or Maintenance of Lands for Public Beaches [5940 - 5945] ( Chapter 5 added by Stats. 1961, Ch. 441. ) ## 5941. The board of supervisors of any county in which a district is situated may direct the harbor commission, appointed pursuant to Section 5902, to prepare surveys for the acquisition, improvement or maintenance of such lands as is herein authorized, prepare plans therefor and estimates of cost thereof, and to report to the board of supervisors thereon, with its recommendations covering the necessity, advantages and benefits to be derived by the acquisition, improvement or maintenance of such lands as public beaches. (Added by Stats. 1961, Ch. 441.)
  153. 5942.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Acquisition, Improvement or Maintenance of Lands for Public Beaches [5940 - 5945] ( Chapter 5 added by Stats. 1961, Ch. 441. )

    Verify source ↗

    After receiving the harbor commission’s report and recommendation, the board must set a hearing date, hold the hearing within the stated window, and publish notice in a newspaper in the district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Acquisition, Improvement or Maintenance of Lands for Public Beaches [5940 - 5945] ( Chapter 5 added by Stats. 1961, Ch. 441. ) ## 5942. Upon receiving the report and recommendation of the harbor commission, the board shall fix a date for hearing on the report to consider and determine the feasibility of the project or projects submitted. The hearing shall be held not more than 30 days nor less than 20 days after the filing of the report, and the board shall cause notice of the fact that the report has been filed and of the date fixed for the hearing to be published by at least two publications in a newspaper published within the district. (Added by Stats. 1961, Ch. 441.)
  154. 5943.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Acquisition, Improvement or Maintenance of Lands for Public Beaches [5940 - 5945] ( Chapter 5 added by Stats. 1961, Ch. 441. )

    Verify source ↗

    The board of supervisors must conduct its hearing, investigation, determination, and findings under specified code sections, unless those sections conflict with this chapter.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Acquisition, Improvement or Maintenance of Lands for Public Beaches [5940 - 5945] ( Chapter 5 added by Stats. 1961, Ch. 441. ) ## 5943. The hearing, investigation, determination and findings of the board of supervisors shall be conducted and made in accordance with the provisions of Sections 5835 to 5841, inclusive, of the Harbors and Navigations Code which sections are incorporated herein to the extent that they are not inconsistent with the provisions of this chapter. (Added by Stats. 1961, Ch. 441.)
  155. 5944.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Acquisition, Improvement or Maintenance of Lands for Public Beaches [5940 - 5945] ( Chapter 5 added by Stats. 1961, Ch. 441. )

    Verify source ↗

    After a final hearing, the board may order acquisition, improvement, or maintenance of the lands if it finds the project is feasible as described and the cost is not disproportionate to the expected benefits.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Acquisition, Improvement or Maintenance of Lands for Public Beaches [5940 - 5945] ( Chapter 5 added by Stats. 1961, Ch. 441. ) ## 5944. Upon final hearing, if the board finds that the lands considered in the commission’s report can be acquired, improved or maintained as generally described in the report and recommendation of the harbor commission at a cost not disproportionate to the benefits to be derived from the proposed project, the board may order the acquisition, improvement or maintenance of the lands considered in the commission’s report in accordance with the board’s findings. (Added by Stats. 1961, Ch. 441.)
  156. 5945.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Acquisition, Improvement or Maintenance of Lands for Public Beaches [5940 - 5945] ( Chapter 5 added by Stats. 1961, Ch. 441. )

    Verify source ↗

    The board may issue bonds, borrow money, incur indebtedness, and levy taxes to finance the acquisition, improvement, or maintenance of the lands, but bonds cannot be issued unless the bonded indebtedness has first been approved at an election held as specified.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Acquisition, Improvement or Maintenance of Lands for Public Beaches [5940 - 5945] ( Chapter 5 added by Stats. 1961, Ch. 441. ) ## 5945. For the purpose of financing the acquisition, improvement or maintenance of such lands as is authorized herein, the board may issue bonds, borrow money, incur indebtedness and levy taxes, all in the same manner and to the same extent as in the improvement, development, protection or maintenance of the harbor for which the district was originally formed, and shall in all other respects have the same general powers and duties with respect to the acquisition, improvement or maintenance of such lands as it has with respect to the original harbor for which the district was formed. The board may issue no bonds hereunder unless the incurring of the bonded indebtedness for the acquisition, improvement or maintenance of such lands shall first have been approved at an election held in the manner provided in Article 3, (commencing with Section 5859) Chapter 1, Part 2, Division 8 of this code, and pursuant to the provisions of that article with reference to the incurring of bonded indebtedness. (Added by Stats. 1961, Ch. 441.)
  157. 5950.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Inland Parks and Recreation Areas [5950 - 5956] ( Chapter 6 added by Stats. 1971, Ch. 1356. )

    Verify source ↗

    The board of supervisors may run district business, promote the harbor, and support recreation programs, but trust-land revenues must stay limited to trust purposes and related necessary property work.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Inland Parks and Recreation Areas [5950 - 5956] ( Chapter 6 added by Stats. 1971, Ch. 1356. ) ## 5950. The board of supervisors may manage the business of the district and promote the commercial interest of the harbor by advertisement of its advantages and by the solicitation of business within or without the district, in other states, or in foreign countries, through employees or agencies as are expedient, and it may organize, promote, conduct, and advertise programs of community recreation and the advantages of the district’s park and recreational facilities. Nothing in this section authorizes revenues derived from tide and submerged lands granted in trust by the state to a district, or from lands acquired with those trust revenues, to be used by the district for any purpose other than for proper trust purposes on the granted lands, or for the acquisition, improvement, and maintenance of property adjacent to the granted lands when the property is necessary to further the purposes of the trust grant. (Added by Stats. 1984, Ch. 550, Sec. 1.)
  158. 5950.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Inland Parks and Recreation Areas [5950 - 5956] ( Chapter 6 added by Stats. 1971, Ch. 1356. )

    Verify source ↗

    This section defines “inland parks and recreation areas” and says certain Section 5900.4 rules do not apply to specified land acquisitions for trails or scenic/aesthetic purposes.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Inland Parks and Recreation Areas [5950 - 5956] ( Chapter 6 added by Stats. 1971, Ch. 1356. ) ## 5950.1. The term “inland parks and recreation areas,” as used in this chapter, includes, but is not limited to, open-space land, as defined by subdivision (h) of Section 65560 of the Government Code, except that such term shall not include open-space land, as defined in paragraph (2) of subdivision (h) of Section 65560. The provisions of Section 5900.4 shall not apply to the acquisition of forest lands, rangeland, or agricultural lands when the acquisition is for the purpose of establishing hiking, bicycling, or equestrian trails or where the lands are being acquired for their scenic or aesthetic values. (Amended by Stats. 2017, Ch. 434, Sec. 8. (SB 732) Effective January 1, 2018.)
  159. 5950.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Inland Parks and Recreation Areas [5950 - 5956] ( Chapter 6 added by Stats. 1971, Ch. 1356. )

    Verify source ↗

    A harbor improvement district board of supervisors may authorize the district to acquire, develop, operate, and maintain inland parks and recreation areas.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Inland Parks and Recreation Areas [5950 - 5956] ( Chapter 6 added by Stats. 1971, Ch. 1356. ) ## 5950.5. The board of supervisors of any harbor improvement district organized and existing pursuant to Part 2 (commencing with Section 5800) may authorize the district to acquire, develop, operate, and maintain inland parks and recreation areas pursuant to this chapter. (Added by renumbering Section 5950 (as added by Stats. 1986, Ch. 195) by Stats. 1987, Ch. 56, Sec. 100.)
  160. 5951.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Inland Parks and Recreation Areas [5950 - 5956] ( Chapter 6 added by Stats. 1971, Ch. 1356. )

    Verify source ↗

    If the district is authorized to manage inland parks and recreation areas, the board of supervisors must adopt a new name for the district by resolution.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Inland Parks and Recreation Areas [5950 - 5956] ( Chapter 6 added by Stats. 1971, Ch. 1356. ) ## 5951. If the district is authorized to acquire, develop, operate, and maintain inland parks and recreation areas, the board of supervisors shall, by resolution, adopt a new name for the district which will reflect its new duties and responsibilities. (Added by Stats. 1971, Ch. 1356.)
  161. 5952.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Inland Parks and Recreation Areas [5950 - 5956] ( Chapter 6 added by Stats. 1971, Ch. 1356. )

    Verify source ↗

    If a district is authorized to develop inland parks and recreation areas, it must spend at least 75% of annual expenditures on that purpose until certain land-and-improvement spending totals are equal, and then at least 50% of annual expenditures averaged over each five-year period.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Inland Parks and Recreation Areas [5950 - 5956] ( Chapter 6 added by Stats. 1971, Ch. 1356. ) ## 5952. If the district is authorized to acquire, develop, operate, and maintain inland parks and recreation areas, at least 75 percent of its annual expenditures shall be devoted to that purpose until such time as the total expenditure of district and county funds for land, structures, and improvements which is used for inland park and recreation purposes shall have equaled the total expenditure of district and county funds for land, structures, and improvements which is used for beach and harbor purposes. Thereafter, the district shall devote at least 50 percent of its annual expenditures averaged over each five-year period for inland park and recreation purposes. (Added by Stats. 1971, Ch. 1356.)
  162. 5953.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Inland Parks and Recreation Areas [5950 - 5956] ( Chapter 6 added by Stats. 1971, Ch. 1356. )

    Verify source ↗

    The district’s annual spending calculation must count only local-taxation expenditures for land, structures, and improvements, and the county auditor-controller must report certain local-taxation moneys to the board of supervisors within 90 days.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Inland Parks and Recreation Areas [5950 - 5956] ( Chapter 6 added by Stats. 1971, Ch. 1356. ) ## 5953. For the purpose of determining the annual expenditures required by Section 5952, only such expenditures for land, structures, and improvements as are raised by local taxation within the district shall be included and the district shall be both charged and credited with the expenditures for land, structures, and improvements made by the county in which the district is located, both for beach and harbor purposes and for inland park and recreational purposes. Within 90 days after the effective date of this section, the auditor-controller of the county in which the district is located shall report to the board of supervisors the moneys raised by local taxation for land, structures, and improvements by the district and by the county for beach and harbor purposes and inland park and recreational purposes. The future annual expenditures, at the ratio set forth in Section 5952, shall be for those expenditures paid from funds raised by the levy of taxes by the district. (Added by Stats. 1971, Ch. 1356.)
  163. 5954.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Inland Parks and Recreation Areas [5950 - 5956] ( Chapter 6 added by Stats. 1971, Ch. 1356. )

    Verify source ↗

    When the district acquires, develops, operates, or maintains inland parks and recreation areas, it must follow Chapter 5 procedures as nearly as possible.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Inland Parks and Recreation Areas [5950 - 5956] ( Chapter 6 added by Stats. 1971, Ch. 1356. ) ## 5954. In acquiring, developing, operating, or maintaining inland parks and recreaton areas, the district shall follow and comply with, as nearly as possible, the procedures provided in Chapter 5 (commencing with Section 5940) of this part in regard to the acquisition, improvement, or maintenance of lands for public beaches. (Added by Stats. 1971, Ch. 1356.)
  164. 5955.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Inland Parks and Recreation Areas [5950 - 5956] ( Chapter 6 added by Stats. 1971, Ch. 1356. )

    Verify source ↗

    A district may carry out certain beach or park projects despite earlier section limits if it complies with the cited state code sections, but the board of supervisors must hold at least one public hearing before approving the project.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Inland Parks and Recreation Areas [5950 - 5956] ( Chapter 6 added by Stats. 1971, Ch. 1356. ) ## 5955. Notwithstanding the provisions of Sections 5940 to 5954, inclusive, the district may acquire, develop, operate, or maintain public beaches or inland parks and recreation areas without holding the hearings and making the findings required by such provisions if there is compliance with Section 21151 of the Public Resources Code and Section 65402 of the Government Code; provided, however, that the board of supervisors shall hold at least one public hearing prior to the approval of any such project. Harbor improvement district funds may be expended prior to the public hearing for the purpose of obtaining compliance with Section 21151 of the Public Resources Code and Section 65402 of the Government Code. (Amended by Stats. 1978, Ch. 125.)
  165. 5956.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Inland Parks and Recreation Areas [5950 - 5956] ( Chapter 6 added by Stats. 1971, Ch. 1356. )

    Verify source ↗

    The district may acquire museum or exhibit materials and may also sell, lend, or exchange them, following established museum custom.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 2. HARBOR IMPROVEMENT DISTRICTS [5800 - 5956] ( Part 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Inland Parks and Recreation Areas [5950 - 5956] ( Chapter 6 added by Stats. 1971, Ch. 1356. ) ## 5956. The district may purchase, collect, trade, exchange, or otherwise acquire exhibition or study material necessary or proper for the use of museums or exhibits maintained by the district, and may sell, lend, or exchange the material, according to the established custom of museums. (Added by Stats. 1985, Ch. 328, Sec. 1.)
  166. 6.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Division, part, chapter, article, and section headings do not affect the scope, meaning, or intent of this code.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. ) ## 6. Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code. (Enacted by Stats. 1937, Ch. 368.)
  167. 60.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The Resources Agency must represent the State of California and the Governor of California in dealings with the Chief of Engineers, the U.S. Army, and authorized agents for purposes in this division.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 60. The Resources Agency shall represent the State of California and the Governor of California in relationships with the Chief of Engineers, United States Army, and his authorized agents for the purposes set forth in this division. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  168. 60.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department may make agreements with the United States and certain local public bodies, and may provide adjustments it considers in the State of California’s best interest.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 60.2. The department may enter into agreements with the United States and with any county, city, district, or other political subdivision of this state in connection with participation with the United States in any project in which the department may act and may, also, provide such adjustments which, in the judgment of the department, are in the best interest of the State of California. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  169. 60.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department may make contracts or agreements with federal agencies for harbor dredging and building breakwaters, piers, or similar vessel-protection works.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 60.4. The department may enter into any contract of agreement with the United States Department of the Army or any other agency or instrumentality of the United States, for the dredging of harbors and the erection of breakwaters, piers, or any other device for the protection of vessels. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  170. 60.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department may enter into contracts or agreements that are necessary to carry out this division.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 60.6. The department may enter into any contracts or agreements that may be necessary in carrying out the provisions of this division including agreements to hold and save the United States free from damages due to the construction and maintenance by the United States of such works as the United States shall undertake. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  171. 60.8.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department may do any act or make any contract or agreement that is desirable for carrying out this division.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 60.8. The department may do any act or enter into any contract or agreement desirable in carrying out the purposes of this division. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  172. 600.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Service of Process [600 - 609] ( Chapter 4 added by Stats. 1963, Ch. 1280. )

    Verify source ↗

    This section defines “watercraft” and “nonresident” for this chapter.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Service of Process [600 - 609] ( Chapter 4 added by Stats. 1963, Ch. 1280. ) ## 600. As used in this chapter: (a) “Watercraft” means any boat, ship, barge, craft or floating thing designed for navigation in the water; and (b) “Nonresident” means a person who is not a resident of this State at the time the accident or collision occurs or at the time a cause of action or claim for relief arises against him, and also means a person who, at the time the accident or collision occurs or at the time a cause of action or claim for relief arises against him is a resident of this State but subsequently becomes a nonresident of this State. (Added by Stats. 1963, Ch. 1280.)
  173. 6010.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition [6010 - 6014] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Certain counties and cities with a harbor boundary may be formed into a harbor district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition [6010 - 6014] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6010. A county or portion of a county or city or portion of a city or more than one city with or without a portion of the unincorporated territory of a county, the exterior boundary of which includes a harbor, may be formed into a harbor district for the improvement or development of the harbor upon proceedings being taken pursuant to this part. (Enacted by Stats. 1937, Ch. 368.)
  174. 6011.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition [6010 - 6014] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If 50 or more persons in an area that may become a district want to form a harbor district, they may sign and submit a written petition to the county board of supervisors.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition [6010 - 6014] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6011. Whenever fifty or more persons in any area which may be formed into a district pursuant to this part, desire the formation of a district for the improvement or development of a harbor, they may sign and present to the board of supervisors of the county in which the harbor is situated, a petition in writing. (Enacted by Stats. 1937, Ch. 368.)
  175. 6012.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition [6010 - 6014] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A petition to form a harbor district must include the proposed district’s name, the harbor’s common name, the district boundaries, a description of the proposed harbor improvement work, and a request to form the district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition [6010 - 6014] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6012. The petition shall contain: (a) The name of the proposed district. (b) The official name or names by which the harbor is commonly known. (c) The exterior boundaries of the proposed district which shall include the whole or a portion of the harbor proposed to be improved or developed and which may include any of the following alternatives: (1) All or a portion of a county. (2) All or a portion of a city. (3) All of one or more cities. (4) All of one or more cities and unincorporated territory situated in any county. (d) A general description of the improvement and development work proposed to be done in the harbor, which work may include the dredging of channels, shipways, berths, anchorage places and turning basins, the construction of jetties, breakwaters, bulkheads, seawalls, wharves, ferry slips, warehouses, roads and spur tracks or belt line railways, together with any other work necessary for the development and improvement of the harbor. (e) A request that the territory included within such boundaries be formed into a district for the improvement and development of the harbor. (Enacted by Stats. 1937, Ch. 368.)
  176. 6013.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition [6010 - 6014] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Each person who signs the petition must be a registered voter, resident, and freeholder within the proposed district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition [6010 - 6014] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6013. Each signer of the petition shall be a registered voter, resident and freeholder within the proposed district. (Enacted by Stats. 1937, Ch. 368.)
  177. 6014.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition [6010 - 6014] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The petition must be published before the hearing, with notice of the hearing details, and interested persons may appear and be heard before the county board of supervisors.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition [6010 - 6014] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6014. The petition shall be published for a least two weeks preceding the hearing thereon in a newspaper of general circulation printed in the proposed district, if there is such a newspaper so printed. If not, publication shall be so made in a newspaper published in the county. With the petition there shall be published a notice signed by not exceeding three of the petitioners, setting forth the day, hour and place at which the petition will be presented to the board of supervisors of the county for hearing, which date shall not be less than twenty nor more than forty days from the first publication. All persons interested may appear at that time and place before the board of supervisors and be heard. (Enacted by Stats. 1937, Ch. 368.)
  178. 6020.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Hearing [6020 - 6026] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board of supervisors must consider the petition at the noticed time and place, and it may continue the hearing for up to 90 days.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Hearing [6020 - 6026] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6020. At the time and place specified in the notice, the board of supervisors shall consider the petition and may continue the hearing from time to time, not exceeding a period of 90 days. At the hearing by the board of supervisors a certificate issued by the assessor of the county and filed with the clerk of the board of supervisors in the proceedings stating that the name of any signer of the petition appears upon the last equalized assessment roll of the county for land assessed to that signer and located within the boundaries of the proposed district, is prima facie evidence that the signer is a freeholder within the proposed district. A certificate signed by the county elections official that the name of any signer of the petition is a registered and uncanceled voter of the county, residing within the boundaries of the proposed district, is prima facie evidence that the signer is a registered voter within the boundaries of the proposed district. (Amended by Stats. 2002, Ch. 221, Sec. 57. Effective January 1, 2003.)
  179. 6021.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Hearing [6020 - 6026] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    At the hearing, the board of supervisors may change the proposed district’s exterior boundaries.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Hearing [6020 - 6026] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6021. At the hearing, the board of supervisors may change the exterior boundaries of the proposed district, as set forth in the petition, by excluding lands which would not be benefited by the improvement or development of the harbor. The board of supervisors may also change the exterior boundaries of the proposed district by adding to the district and including therein other contiguous lands which will be benefited by the improvement or development of the harbor. (Enacted by Stats. 1937, Ch. 368.)
  180. 6022.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Hearing [6020 - 6026] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Land cannot be added to the proposed district until notice is served on the affected landowner.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Hearing [6020 - 6026] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6022. Land may not be added to or included in the proposed district until notice is served upon the owner of the lands affected. The notice may be served personally upon the owner or be published for the same period of time in the same newspaper as the original petition and notice of hearing. The notice shall state the day, hour and place at which any objections of the owner will be heard and shall generally describe the lands affected. (Enacted by Stats. 1937, Ch. 368.)
  181. 6023.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Hearing [6020 - 6026] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board of supervisors must decide whether the petitioned harbor improvement work is feasible and beneficial, and the hearing must finish within six months after the petition is presented.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Hearing [6020 - 6026] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6023. The board of supervisors shall investigate and determine whether or not the improvement and development work generally described in the petition is feasible and whether, when completed, it will result in the improvement and development of the harbor and become a benefit to the property within the district. If it appears, and the board of supervisors finds, that it is necessary in order to make sufficient and adequate investigation upon which to determine such questions to continue the hearing beyond ninety days, the board of supervisors may do so, but the hearing shall be completed within six months from the date of the presentation of the petition. (Enacted by Stats. 1937, Ch. 368.)
  182. 6024.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Hearing [6020 - 6026] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    After the hearing, the board of supervisors must enter a finding of facts on the minutes if the listed conditions are met.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Hearing [6020 - 6026] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6024. Upon the completion of the hearing, the board of supervisors shall have a finding of facts entered upon the minutes if it appears that: (a) The petition and notice of hearing have been duly published. (b) The petition is signed by a sufficient number of persons who possess the required qualifications. (c) A harbor exists within the proposed district. (d) The harbor can be improved and developed as generally described in the petition. (Enacted by Stats. 1937, Ch. 368.)
  183. 6025.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Hearing [6020 - 6026] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board of supervisors must include specified facts in its findings.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Hearing [6020 - 6026] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6025. The findings of fact required to be made by the board of supervisors shall set forth: (a) The name of the proposed district as set forth in the petition. (b) The official name or name by which the harbor is commonly known. (c) A description of the exterior boundaries of the territory to be included within the proposed district. (Enacted by Stats. 1937, Ch. 368.)
  184. 6026.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Hearing [6020 - 6026] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board of supervisors may proceed under this part when its findings and the required petition and notices are properly signed, published, or personally served.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Hearing [6020 - 6026] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6026. The findings are conclusive evidence of the existence of every fact so found by the board of supervisors and of the due signing and publication of the petition and of the publication or personal service of all notices and vest the board of supervisors with authority to proceed pursuant to this part. (Enacted by Stats. 1937, Ch. 368.)
  185. 6030.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board of supervisors must record the proposed district’s exterior boundaries in its minutes and pass a resolution calling an election in the district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6030. The board of supervisors shall have entered in its minutes an order finally determining and establishing the exterior boundaries of the proposed district, and it shall pass a resolution calling an election within the district for the purpose of submitting to the qualified voters the proposition of the formation of the district. (Enacted by Stats. 1937, Ch. 368.)
  186. 6031.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board of supervisors must set the election date by resolution and set up the proposed district’s voting precincts and polling places.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6031. The board of supervisors, by resolution, shall fix the date of the election, which shall not be less than 130 days from the date of its passage and it shall divide the proposed district into one or more voting precincts and generally describe or otherwise designate the boundaries of each precinct and designate a place within each precinct at which the polls will be opened for the purpose of the election on the day of the election. (Amended by Stats. 2002, Ch. 221, Sec. 58. Effective January 1, 2003.)
  187. 6032.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board of supervisors must appoint an election board for each precinct, and each election board member must be a registered elector who lives in that precinct.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6032. The board of supervisors for the first election in the proposed district and the board at any subsequent election in the district, shall appoint a board of election for each precinct, consisting of at least one inspector, one judge and one clerk. Each member of the board of election shall be a registered elector of and reside within the precinct for which he is appointed. (Amended by Stats. 1949, Ch. 777.)
  188. 6033.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The resolution must state how voting for or against formation of the district will be conducted, and the election otherwise follows applicable general election laws. Sample ballots and precinct polling cards do not have to be mailed or sent out.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6033. The resolution shall also prescribe the manner of voting for or against the formation of the district, and in all particulars not recited in the resolution or otherwise provided for in this part, the election shall be held in accordance with the general election laws, so far as they are applicable. It is not necessary to mail or send out sample ballots or precinct polling cards. (Enacted by Stats. 1937, Ch. 368.)
  189. 6034.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The resolution must invite qualified voters who live in the district to vote on forming the district and electing a board.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6034. The resolution shall invite the qualified voters residing in the district to vote upon the propositions of its formation and the election of a board. (Enacted by Stats. 1937, Ch. 368.)
  190. 6035.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    This section gives the form and voting instructions for the harbor district ballot.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6035. The ballot to be used at the election shall be substantially in the following form: (Name) Harbor District Official Ballot Instructions to voters: to vote in favor of the formation of the harbor district, mark in the voting area at the right of the words “For the harbor district.” To vote against the formation of the harbor district mark in the voting area at the right of the words “Against the harbor district.” To vote for a candidate for harbor commissioner mark after the name of the candidate; but no more persons shall be voted for than there are offices of harbor commissioner to be filled at this election. All erasures and distinguishing marks are forbidden and make the ballot void. If you wrongfully stamp, tear, or deface this ballot, return it to the inspector of elections and obtain another. “For the harbor district.” “Against the harbor district.” “For harbor commissioners.” (Amended by Stats. 2010, Ch. 328, Sec. 110. (SB 1330) Effective January 1, 2011.)
  191. 6036.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The official ballot for the first election in a proposed harbor district must include choices for and against forming the district and list harbor commissioner candidates with write-in spaces. Later ballots must generally follow the same format, but omit the formation question, and may also include other authorized district questions or propositions.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6036. The official ballot at the first election in the proposed district shall provide voting squares after the words “For the harbor district” and after the words “Against the harbor district” and shall also have printed thereon the names of all candidates for harbor commissioner, together with five blank spaces for the purpose of permitting an elector to write in the name of a candidate, with voting squares after the name of each candidate and the five blank spaces. All official ballots used at any subsequent election in the district shall conform, as near as practicable, to the above ballot, excepting that all reference to voting for or against the formation of the district shall be eliminated; and any question or proposition authorized to be submitted to the voters of the district may be placed on the ballot in addition to the names of any candidate or candidates for harbor commissioner. (Amended by Stats. 1941, Ch. 997.)
  192. 6037.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Election resolutions must be published in a newspaper in the district, and that publication serves as the election notice.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6037. The resolution calling the first election and the resolution of the board calling any subsequent election shall be published pursuant to Section 6066 of the Government Code in a newspaper published, printed and circulated in the district. The passage and publication of the resolution of the board of supervisors calling the first election and the passage and publication of the resolution of the board calling any subsequent election and publication, as provided for in this part, constitute the notice of election and other or additional notice need not be given. (Amended by Stats. 1965, Ch. 540.)
  193. 6037.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    This section requires the calling body to notify the local agency formation commission’s executive officer after a district formation election is called, and it requires the executive officer and commission to review and pass along an impartial analysis on a short deadline.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6037.1. Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the county or principal county in which the territory or major portion of the territory of the proposed district is located. Such written notice shall include the name and a description of the proposed district, and may be in the form of a certified copy of the resolution adopted by the legislative body calling the district formation election. The executive officer, within five days after being notified that a district formation election has been called, shall submit to the commission, for its approval or modification, an impartial analysis of the proposed district formation. The impartial analysis shall not exceed 500 words in length and shall include a specific description of the boundaries of the district proposed to be formed. The local agency formation commission, within five days after the receipt of the executive officer’s analysis, shall approve or modify the analysis and submit it to the officials in charge of conducting the district formation election. (Added by Stats. 1970, Ch. 736.)
  194. 6037.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Certain voters, board members, and citizens’ associations may file written arguments for or against the proposed district formation, but the argument must be 300 words or less and filed at least 54 days before the election.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6037.2. The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled to vote on the district formation proposition, or any combination of such voters and associations of citizens, may file a written argument for or a written argument against the proposed district formation. Arguments shall not exceed 300 words in length and shall be filed with the officials in charge of conducting the election not less than 54 days prior to the date of the district formation election. (Added by Stats. 1970, Ch. 736.)
  195. 6037.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If more than one argument for or against a proposed harbor district formation is filed on time, election officials must choose one argument to print and distribute to voters.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6037.3. If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time prescribed, such election officials shall select one of the arguments for printing and distribution to the voters. In selecting the arguments, the election officials shall give preference and priority in the order named to the arguments of the following: (a) The board of supervisors or any member or members of the board authorized by the board. (b) Individual voters or bona fide associations of citizens or a combination of such voters and associations. (Added by Stats. 1970, Ch. 736.)
  196. 6037.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Election officials must print and mail a ballot pamphlet about the district formation proposition to eligible voters, and the pamphlet must include specified materials in a set order.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6037.4. (a) The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and mailed to each voter entitled to vote on the district formation question. (b) The ballot pamphlet shall contain the following in the order prescribed: (1) The complete text of the proposition. (2) The impartial analysis of the proposition, prepared by the local agency formation commission. (3) The argument for the proposed district formation. (4) The argument against the proposed district formation. (c) The elections officials shall mail a ballot pamphlet to each voter entitled to vote in the district formation election at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code. (Amended by Stats. 2006, Ch. 538, Sec. 348. Effective January 1, 2007.)
  197. 6038.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    For elections held under this part, the designated polling places must open and close as provided by Elections Code Section 14212.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6038. On the day of any election held pursuant to this part, the polls at each of the polling places designated, shall be opened and closed as provided in Section 14212 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 110. Effective January 1, 1995.)
  198. 6039.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Election officials in each precinct must close the polls, deposit the ballots with the county elections official for the district-formation election, and at later elections deposit the returns with the board.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6039. When the polls are closed, the board of election in every precinct at the election to be held for the formation of the district, shall close the polls in accordance with the general laws governing the election, and deposit the ballots with the county elections official in the county in which the election is held. At all subsequent elections, the returns shall be deposited with the board. (Amended by Stats. 2002, Ch. 221, Sec. 60. Effective January 1, 2003.)
  199. 6040.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board of supervisors must canvass the election returns at its first regular meeting after the district formation election and enter a finding in the meeting minutes.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6040. The board of supervisors at its first regular meeting after the date of the election for the formation of the district shall canvass all of the returns of the election and shall have a finding entered in the minutes of the meeting showing the number of votes cast in each precinct for and against the district and the total number of votes cast and the names of the harbor commissioners for whom the votes were cast. (Enacted by Stats. 1937, Ch. 368.)
  200. 6041.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If the canvass shows a majority for formation, the board of supervisors must record the result and district details, declare the district formed, declare the top five harbor commissioner candidates elected, and issue certificates of election.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6041. If from the canvass it appears and the board of supervisors finds that a majority of the votes were cast in favor of the formation of the district, it shall enter that fact upon its minutes, together with a description of the boundaries of the district, its name, the official name or names by which the district is commonly known and enter its order declaring the district duly formed and existing in the county in which the proceedings were had. The board of supervisors shall also make an order declaring the five candidates for harbor commissioner receiving the highest number of votes to have been elected to such office and cause a certificate of election to be issued to the successful candidates. (Amended by Stats. 1941, Ch. 997.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.