Streets and Highways Code, 1935

The legislative body may use an alternative resolution procedure for authorized work, and the contractor’s role is limited to supplying materials, supplies, or equipment.

Route 215 runs from Route 15 near Temecula to Route 15 near Devore, passing via Riverside and San Bernardino.

This section says the chapter’s grade-related rules are alternative rules and do not repeal other grade-change provisions in the division or code.

The legislative body may, by resolution, establish, change, or modify the official grade of a street, boulevard, park, or place to be improved under this division.

Work must be done to the grade shown on the plans or profiles, or to a grade formally established by the legislative body.

A property owner assessed for the work may object to the proposed grade or a grade change at the hearing time set in the resolution of intention.

This section describes Route 216 as running from Visalia to Route 198 near Lemon Cove via Woodlake.

This provision describes the route for State Route 217 and names one section as Clarence Ward Memorial Boulevard.

The commission may relinquish part of Route 217 to Santa Barbara County if it finds doing so is in the state’s best interests, approves the terms and conditions, and the county agrees to accept it.

If a public works project includes domestic water-supply conduits, pipes, hydrants, or similar items in a territory controlled by certain water agencies, the installation must proceed under this chapter before the resolution of intention is adopted.

Before asking for the Section 5130 plans, specifications, and estimates, the legislative body must pass a resolution requesting the responsible public agency to provide plans and specifications; that agency must furnish them, and the cost is part of the work’s incidental expenses.

The legislative body may adopt the plans and specifications, but it may not change them without the public agency’s consent.

A public agency that supplies the plans and specifications may keep an inspector on the work to check compliance.

After the work is completed and accepted, title to the installed water pipes and related equipment vests in the public agency, and the agency must use and manage them as part of its water system.

Route 218 runs from Route 1 to Route 68 via Canyon del Rey.

The legislative body must assign the work’s expense to a district and identify that district in its resolution of intention as the one benefited and to be assessed for the cost.

A district may be described by its boundaries, by an official or recorded map, or by a plat or map on file with the clerk or engineer.

The assessment district does not have to be described in the listed notices, resolutions, orders, or determinations, except in the resolution of intention.

Route 219 runs from Route 99 at Salida easterly to Route 108.

The legislative body must set the hearing time and place and mail notice of the hearing and related public meeting as required.

If a railroad track grade change is needed, the legislative body must have the clerk mail the resolution of intention to the track owner/operator and the Public Utilities Commission within five days after first publication.

This chapter does not apply when a hearing of objections is not required under Section 5132.

Route 220 runs from Route 84 on Ryer Island to Route 160.

Route 221 runs from Route 29 near Soscol Road to Route 121 at Imola Avenue in Napa.

Route 222 runs from Route 101 near Ukiah easterly to East Side Road in Talmage.

The legislative body may continue a protest hearing to a set date, refer the protests to the superintendent of streets, and later decide the matter; the superintendent must prepare a written report and mail it at least five days before the continued hearing.

If needed to decide whether a majority protest exists, the legislative body must determine property ownership from specified evidence and is not required to consider any other ownership evidence.

The legislative body acquires jurisdiction to order the proposed work done when no written protests or objections are delivered, or when protests are found insufficient or overruled.

The legislative body may start new proceedings for part of the protested improvement within the one-year period, if it gets a four-fifths vote and the affected property owners support it.

Route 223 is defined as running from Route 5 to Route 99 south of Greenfield, and then from Route 99 south of Greenfield to Route 58.

The commission may relinquish Route 225 to the City of Santa Barbara if the department and city agree and the commission finds the terms are in the state's best interests.

Route 227 runs from Route 1 south of Oceano to Route 101 in San Luis Obispo. The relinquished former portions in Arroyo Grande and San Luis Obispo are not state highways, and those cities must keep route-direction signs and maintain traffic flow on the relinquished portion.

This section describes Route 229 as running from Route 58 near Santa Margarita to Route 41 near Creston.

Route 230 runs from Route 101 near the south city limits of San Francisco to Route 280 in San Francisco, and construction may begin at any time if the City and County of San Francisco has conveyed, or does convey, the needed real property to the State without charge.

Railroad, street, or interurban railroad rights-of-way in an assessment district must be listed in the warrant, assessment, and diagram, but only to the extent they benefit from the proposed improvement.

A legislative body may decide to omit certain public-use land from a later assessment for the work’s costs and expenses.

If some lots or parcels are omitted from the assessment, the full expense of the work must be spread across the remaining lots or parcels in the assessment district.

Assessment payments tied to this section must be made within 30 days, may accrue interest if unpaid, and can be collected or enforced through levy and mandamus procedures.

Bonds may be issued to finance unpaid assessments on publicly owned property, and bondholders get specified assessment-related rights.

If qualifying public land is included in an assessment, the city must cover any unpaid assessed amount after 30 days, usually from the general fund unless another fund is named.

The legislative body may allow payment of assessments to be deferred.

Route 232 runs from Route 101 near El Rio to Route 118 near Saticoy. The City of Oxnard must maintain signs within its jurisdiction for the relinquished former portions of Route 232.

This chapter controls how property owned by the State of California or any of its departments is assessed, even if other sections of the division say otherwise.

Most state-owned real property is subject to assessment in proceedings under this division, with a stated exception; the local agency must notify the Department of Transportation about proceedings or hearings tied to the assessment district map.

California or the responsible department must pay assessed property charges plus interest. If payment is not made by the end of the second fiscal year after the notice of assessment is recorded, the assessment owner may file a claim against the State within six months.

California or its departments with jurisdiction over assessed real property may pay the assessment without interest.

California and covered departments do not have to pay the assessment until the Legislature has appropriated enough money to cover it.

If California or one of its departments does not pay an assessed amount within 30 days after the appropriation legislation takes effect, the amount accrues 6% annual interest starting on day 31.

Route 233 runs from Route 152 to Route 99 at Chowchilla via Robertson Boulevard.

This chapter applies to and governs the assessment of Indian-owned property.

This section defines “Indian-owned property” for this chapter.

If Indian-owned property is leased and a possessory interest is created, the leasehold interest may be assessed, but the city must first get written consent from the Bureau of Indian Affairs, the underlying fee owner, and any owner of a prior recorded possessory interest.

An assessment must be secured by assigning the possessory interest to the city and recording that assignment with the county recorder where the property is located.

Bonds for unpaid assessments against a lease-based possessory interest in Indian-owned property may be issued only if the lease has at least 15 more years remaining than the bonds, and the legislative body must state this in the resolution of intention.

When this division requires notice about assessed property, the notice must go to the fee owner, the owner of any existing prior recorded possessory interest, and the assignor of the possessory interest created by the lease.

Route 234 runs from Route 5 near French Camp to Route 99.

The engineer must make a diagram of the property affected or benefited by the proposed work before the contract is completed.

The diagram must show each separate lot or parcel in the assessment district, its dimensions, and where it is located relative to the proposed work.

After the work is completed, the diagram must be delivered to the superintendent of streets, who must then estimate benefits and assess the work’s costs against the benefited land in the assessment district.

The assessment must otherwise be made according to the provisions of Chapter 16.

This section describes State Highway Route 235 as running from Route 5 to Route 99 north of the Calaveras River in Stockton.

Route 236 runs from Route 9 in Boulder Creek to Route 9 near Waterman Gap via Governor’s Camp in Big Basin Redwoods State Park.

If the contractor has satisfied the street superintendent or delegated engineer, the superintendent or engineer must promptly make an assessment for the amount due, including incidental expenses and any acquisition cost estimate.

When making an assessment, the street superintendent must subtract authorized Chapter 2.5 contributions from the work’s total costs and expenses.

When land is assessed, credit may be given for dedications and for improvements built at private expense.

The assessment must include specified contract, work, payment, expense, lot, and diagram information.

The assessment must be filed with the clerk, who must give notice of the filing and the hearing time. The notice must be posted and published, and the first publication must be at least 15 days before the hearing.

Notice must also be sent by mail.

The notice must identify the property, state the proposed assessment amount, and give contact information for a local department or agency that can answer appeal questions.

Notices required by this chapter must refer to the resolution of intention and the date it passed when describing the work, and no other description is needed.

People affected by an assessment must file a written appeal with the legislative body before the assessment hearing if they want to challenge the work or assessment.

If there is an appeal, the legislative body may correct errors and adjust the assessment, diagram, warrant, or related determinations.

The legislative body’s decisions and determinations are final and conclusive after notice and hearing.

If the notice was properly published, prior assessment proceedings are not invalidated for errors or defects; after the appeal process is finished and the legislative body is satisfied, it must confirm the assessment and the street superintendent must attach a dated warrant.

Route 237 runs from Route 82 in Mountain View to Route 680 in Milpitas.

If a local, state, or national agency contributes labor or materials to the proposed work, the assessment must cover the materials, supplies, or equipment cost and incidental expenses. If the agency stops furnishing labor for 90 days, the street superintendent must notify the legislative body in writing, and the legislative body may terminate the contract by resolution.

The assessment must have a warrant attached, signed by the superintendent of streets and countersigned by the mayor or city clerk.

The clerk must record a notice of assessment immediately after the warrant, diagram, and assessment are recorded.

An assessment or bond does not become a lien, and no one is treated as having notice of it, until a certified copy of the assessment and attached diagram is recorded with the proper local office.

After the assessment is confirmed, the clerk must give the superintendent of streets a list of parcel and owner information.

This section sets lien priority for certain assessment liens and says recorded warrant, assessment, and diagram documents give notice to everyone.

A reassessment or refunding assessment has the same lien priority as the original assessment it relates to, and a supplemental assessment counts as a new assessment.

The city must pay the contribution for the work to the contractor (or the contractor’s agent or assigns) when the warrant, assessment, and diagram are delivered; it may also make installment payments for completed work during the project.

After the warrant, assessment, and diagram are recorded, they must be delivered to the contractor on demand once required incidental expenses are paid, subject to a 30-day delay in one stated case.

The legislative body may waive a requirement for the contractor, the contractor’s agent, or assigns to pay certain incidental expenses.

Route 238 runs between Route 680 in Fremont and Route 61 near San Lorenzo, and parts relinquished to the City of Hayward stop being state highway and must be signed accordingly.

Route 239 runs from Route 580 west of Tracy to Route 4 near Brentwood.

The contractor may collect the assessments after the warrant is delivered, but must mail detailed notices to property owners, file an affidavit after mailing, and give receipts for any assessment payments received.

After 30 days, the contractor or assigns must file a written statement of payments received with the superintendent of streets, unless payments were made to the superintendent under Section 5396.

The superintendent of streets must receive payments due on assessments and issue a proper discharge, except for certain unpaid assessments after the payment deadline when bonds have been issued. The legislative body may assign these duties to the treasurer by ordinance.

When a lawsuit is brought to collect an assessment, the plaintiff must file a written notice with the superintendent of streets. After that notice is filed, the superintendent may not receive money on the assessment or cancel/discharge it without the owner’s written consent, and must leave liened property off the list sent to the tax collector.

If a warrant is lost, a duplicate may be issued after proof of the loss, and collections on the duplicate have the same effect as on the original.

After the required payment statement is filed, unpaid assessment amounts generally accrue interest at 1% per month until paid, except assessments covered by bonds.

The legislative body may require assessment payments made within 30 days after recordation to be paid to the superintendent of streets, who must mail a detailed statement to affected property owners.

If authorized by ordinance to collect assessments, the superintendent of streets must provide a surety bond to the contractor or assigns, with the bond amount set by the size of the assessment total. The legislative body may also choose alternative bond arrangements.

Route 241 runs from Route 5 south of San Clemente to Route 91 in the City of Anaheim.

This chapter does not apply to bond-based assessments or assessments collected on the tax rolls; it applies only to other cash assessments levied under this division.

The contractor or an assignee may sue the property owner to collect an unpaid assessment, plus interest and allowed penalties, after the stated waiting period; a shorter 90-day period applies if certain taxes or special assessments are delinquent on the property.

If an assessment-recovery action is brought, the plaintiff can recover attorney fees, with specific fee amounts depending on settlement/default or trial.

If the court finds too many identical-party actions were brought, it may allow only one set of costs.

An assessment may be recovered by filing an action in the superior court for the city’s jurisdiction where the work was done.

The warrant, assessment, diagram, and proof of nonpayment are prima facie evidence that the assessment and prior proceedings were regular and correct, and that the plaintiff has the right to recover in the action.

In this action, the plaintiff may recover the good-faith title-search cost, but the cost cannot exceed $5 per lot.

A complaint to recover an assessment may briefly allege the listed steps and facts about the assessment and unpaid payment.

A complaint to recover an assessment may identify land by diagram number if a certified copy of the warrant, assessment, and diagram was already filed with the county recorder.

After a judgment is entered or the action is dismissed, the court clerk must promptly mail the street superintendent a certified copy of the judgment or other sufficient notice.

Route 242 runs from Route 680 to Route 4 north of Concord.

If certain fee-or-cost demands were made to the owner before or during the assessment action, the superintendent of streets may mark the assessment paid and the lien released, on the owner’s written demand and affidavit.

If someone sues to recover an assessment too early, the plaintiff cannot recover, and the defendant can recover reasonable attorney’s fees plus taxable costs.

The trial court hearing an assessment-recovery action may decree a lien on the assessed premises and order them sold on execution; appellate courts have the same power on appeal.

In actions to recover street assessments under this division, the proceedings must follow this division and, if not conflicting, California state law.

Route 243 runs from Route 74 near Mountain Center to Route 10 near Banning.

Route 244 runs from Route 80 to Auburn Boulevard in Carmichael.

Route 245 runs from Route 198 to Route 180 near the General Grant Grove section of Kings Canyon National Park.

The legislative body may direct certain assessments to be collected on the tax roll instead of by another method, if the contractor or the contractor’s assigns make a written request and the resolution is adopted by the third Tuesday in September.

The resolution must list the properties assessed, the assessment amounts, interest details, and the total principal and interest for each property.

A certified copy of the resolution must be delivered immediately to the officer designated to extend city taxes on the tax roll.

The officer must enter the total amounts of the assessments and interest on the roll.

The assessment amounts must be collected like general municipal taxes, and they are subject to the same penalties, interest, and foreclosure-and-sale procedures if delinquent.

The assessments and entered interest become due and payable to the contractor or the contractor’s assigns on the second day of January next succeeding, at the city treasurer’s office.

If payment defaults, the assessed land must be sold, may be redeemed within one year from the sale date, and if not redeemed it may be sold or deeded to the city. The city does not have to pay the delinquent amount into the assessment fund until the property is redeemed or sold and money is received.

When the city receives the deed, it must sell the property at public auction and pay the assessment, penalties, and interest to the contractor or the contractor’s assigns.

If no one bids the amount due on the property, the city may choose to declare the property sold to the assessment owner, deed it to that person, and mark the assessment satisfied of record.

This provision describes the route segments that make up Route 246.

Route 247 runs from Route 62 near Yucca Valley to Route 18 near Lucerne Valley, and from Route 18 near Lucerne Valley to Route 15 in Barstow.

Route 249 runs from Route 2 north of La Canada to Route 14 south of Palmdale.

If certain assessments or related bond issuances are void or unenforceable, a reassessment may be issued.

The chapter says work costs from an attempted compliance are to be paid by the real estate benefited through a reassessment.

A reassessment must be ordered in certain cases when assessments or bonds are unenforceable or void, including by the legislative body on request and by a court in specified proceedings.

The superintendent of streets must make a reassessment when directed by a court decree or the legislative body. For a full reassessment, a diagram must be filed; the reassessment cannot exceed the work’s cost and expenses (excluding interest), and if it is not confirmed within seven months, the legislative body must pay the added 7% interest and related incidental expenses from general funds.

A reassessment does not have to use a prescribed form, but it must refer to the original assessment, include the original filing date, state the legal basis for the reassessment order or decree, and be accompanied by a diagram of the parcels and their relation to the work.

The reassessment must be presented to the legislative body, which must set a hearing at least 20 days later. The clerk must then publish notice of the hearing, unless the legislative body directs publication in another paper.

The clerk must notify people of the reassessment presentation and hearing by mail and by posting.

The notice must describe the district and must be published under Government Code Section 6062a.

The legislative body must consider objections to a reassessment at the hearing, may direct changes to make it equitable, and must pass a resolution confirming the reassessment once corrected.

The street superintendent must record the reassessment, note displaced original assessments, and credit prior payments plus 7% annual interest to the reassessment.

A reassessment must be collectible and payable like an original assessment, enforceable the same way, and given the same evidentiary weight.

This section describes the two segments that make up Route 251.

When a reassessment is recorded, the street superintendent must cancel the original assessment for the affected items, and new bonds cannot be issued until the original bonds are handed to the treasurer for cancellation.

The city conducting the assessment proceedings must pay the county treasurer’s expenses for issuing new bonds and carrying out any reassessment.

If qualifying work is completed to the satisfaction of the street superintendent or engineer, the proper officer must make and file an assessment for the costs and expenses.

If acquisition costs later turn out to be higher than the original assessment, the legislative body may cover the deficit from the general fund or order a supplemental assessment to cover it.

Supplemental assessments must be made, collected, and noticed in the same manner as the original assessment, and the superintendent of streets must prepare and file a diagram and assess the additional acquisition cost among benefited parcels.

For supplemental assessments, Sections 5366, 5367, 5368, 5369, and 5372 apply, but any objections, appeals, or protests under Section 5366 are limited to the acquisition issue, not the work or improvement.

When ordering a supplemental assessment, the legislative body may decide that bonds will be issued for unpaid assessments of $50 or more.

A supplemental assessment lien is junior to earlier special assessment liens, but it takes priority over later special assessment liens. Recorded warrants, special assessments, and diagrams are deemed known to everyone.