Streets and Highways Code — Part 19 | SHC — United States — California law | Esheria

Streets and Highways Code

Part 19 of 23 · provisions 3,601–3,800

This section says the act is named the Streets and Highways Code.

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Before the commission approves certain highway projects, the submitting department or regional transportation planning agency must show that reversible lanes were considered. The department may do whatever is necessary to lay out, acquire, and construct parts of a state highway as a freeway, or convert an existing state highway into a freeway. The department generally may not acquire real property for a freeway through a city or county unincorporated area until the required agreement is executed, but there are gift and hardship/protective exceptions. It must give notice of any pre-agreement acquisition. Local officials may authorize certain right-of-way purchases before agreement approval. The city council or board of supervisors must hold a public hearing before entering into the agreement described in Section 100.2. The department may add freeway-related street or highway improvements to Section 100.2 agreements and may do that work as part of freeway construction.

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Provisions of Streets and Highways Code

Showing 200 of 4,572

  1. 6441.1.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. )

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    Mailing a properly addressed payment with postage prepaid can count as received based on the postal cancellation mark, but incorrectly addressed letters are excluded.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 6441.1. If a remittance to cover a payment of interest or interest and principal to be made to the treasurer prior to a certain date and hour or prior to a certain date before being delinquent is sent through the United States mail, properly addressed with postage prepaid, and the cancellation mark is placed on the evelope after it is deposited in the mail: (a) Where the cancellation mark shows both date and time, the remittance shall be deemed received on the date shown by the cancellation mark and by the time specified by law for that date. (b) Where the cancellation mark shows only the date, the remittance shall be deemed received within the time and date specified when the cancellation mark bears a date on or before which payment is required. The treasurer need not accept such a payment if it is received more than 10 days after the date and time set by law for the payment. This section shall not apply if the letter containing the payment was incorrectly addressed. (Amended by Stats. 1963, Ch. 650.)
  2. 6442.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. )

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    Late assessment installments trigger a 2% penalty, with an extra 2% added each month until everything is paid.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 6442. If any installment of the principal of the unpaid assessment or of interest thereon is not paid to the treasurer on or before the due date of June 1st or December 1st, as the case may be, next preceding the date upon which the coupons representing it are payable to the bondholder, the treasurer shall, after the close of business on the due date, add to the principal or interest so delinquent a penalty of 2 percent of the total amount of such delinquency, and at the beginning of the business on the first day of each succeeding month until such delinquent payment and all penalties thereon are fully paid, he shall add an additional penalty of 2 percent of the amount of such delinquency. The treasurer shall collect such penalties with and as a part of the delinquent payment. Except as hereinafter provided, the 2-percent penalty first imposed and all subsequent penalties shall be paid to the holder of the bond along with and as a part of such defaulted payment. The legislative body conducting the proceedings may elect, in the resolution of intention, to have the treasurer retain the first 2-percent penalty as a cost of servicing the delinquency. In such case, the following sentence shall be substituted for the last sentence of the default clause in the bond form, as set forth in Section 6460: “The 2-percent penalty first imposed shall be retained by the treasurer as a cost of servicing the delinquency and all subsequent penalties shall be paid to the holder of the bond along with and as a part of such defaulted payment.” (Amended by Stats. 1980, Ch. 378, Sec. 1.)
  3. 6443.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. )

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    The treasurer must mail a notice card to each affected property owner at least 15 days before each April 15 and October 15, until the assessment is fully paid.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 6443. At least 15 days before each respective 15th day of April and October, until the assessment is paid in full, the treasurer shall mail, postage prepaid, to each owner of property described in the assessment, at his last known address, as appears upon the tax rolls current at the time of mailing, a postal card notifying him of the amount due and the date when payment is due from him on the assessment and statng that the payment is subject to penalty if not paid on or prior to the due date. The failure of the treasurer to mail the card, or the failure of the property owner to receive it, shall not affect the validity of any penalty or invalidate any act or proceeding. The card shall contain the following in at least 14-point boldface type: If you do not pay this bill, at the request of the bondholder, your property will be sold by the treasurer. This bill is not related in any way to your property tax bill. It must be paid separately. (Amended by Stats. 1978, Ch. 483.)
  4. 6444.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. )

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    The treasurer may accept interest payments even when due principal installments are not paid with them.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 6444. The treasurer may accept payments of installments of interest unaccompanied by payments of installments of principal which are due. The acceptance of such interest payments shall not effect the delinquent status of any installments of principal. (Added by Stats. 1941, Ch. 79.)
  5. 6445.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. )

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    The treasurer must keep records of bonds issued, payments made on those bonds, and any penalties that accrue.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 6445. The treasurer shall, in addition to his other duties, keep a record of all bonds issued by him, of all payments on the bonds with the dates thereof and of all penalties accruing thereon. (Added by Stats. 1941, Ch. 79.)
  6. 6446.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. )

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    The assessment becomes a lien on the affected property and stays in place until the bond, interest, and any penalties are paid, but it cannot continue more than four years after the last principal coupon date.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 6446. The assessment shall be a lien upon the property affected thereby, with priority as fixed in Section 5373, until the bond issued to represent the assessment and which it is hereby declared does represent the assessement, and the accrued interest thereon and the penalties, if any, shall be fully paid according to the terms thereof, but which lien shall in no event continue beyond four years after the date of the last principal coupon attached thereto, and for the purposes of Section 330 of the Code of Civil Procedure and Section 2911 of the Civil Code said date shall be deemed the “due date” of the last principal coupon attached to said bonds. (Amended by Stats. 1959, Ch. 825.)
  7. 6447.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. )

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    The landowner or other interested person may pay off an improvement bond before sale proceedings begin and clear the assessment lien, but must pay the treasurer the required principal, interest, penalties, and any premium.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 6447. The owner of or any person interested in any lot or parcel of land upon which a bond has been issued under the terms of this division may at any time before commencement of proceedings for sale pay off the bond and discharge the land described in the bond from the lien of the assessment. The discharge may be had by paying to the treasurer, for the holder of the bond, the following sums: (a) the unpaid principal sum thereof; (b) if the interest thereon has already been paid to the next succeeding January 2 or July 2, as the case may be, no interest will be payable; (c) if the interest to the next succeeding January 2 or July 2 has not been paid, then the interest to that January 2 or July 2, as the case may be, shall be payable; (d) all penalties accrued and unpaid; and (e) premium, if any, required by Section 6464. For the purpose of this section, a bond shall be deemed to be issued on the 31st day after the recordation of the warrant upon any unpaid assessment for which the legislative body has provided for the issuance of a bond to represent said unpaid assessment or the last date for payment of the assessment, as specified in the statement required by Section 5390, whichever may be later. (Amended by Stats. 1969, Ch. 202.)
  8. 6448.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. )

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    When all payments on a bond are made, the treasurer must record the payment, notify the bond holder, call in the bond, and after presentation and payment, record the amount and date, cancel the bond, and file it in the treasurer’s office.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 6448. When all payments on a bond are made to the treasurer, he shall enter the same in his record of the bond and the lien of the assessment shall cease. The treasurer shall forthwith notify the holder of the bond and call in the bond. When the bond has been presented and paid the treasurer shall enter in his record thereof the amount paid and the date of payment to the holder and shall cancel the bond and file it in his office. (Amended by Stats. 1957, Ch. 612.)
  9. 6449.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. )

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    A school district may add enough to its annual tax levy to cover principal and interest on certain bonds, and may do so even if the levy exceeds the normal maximum tax rate.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 6449. Whenever a school district acquires property subject to a bond or bonds issued under the terms of this division for unpaid assessments against said property, the district may include in its annual tax levy, in addition to moneys for all other purposes, an amount sufficient to pay the annual payments of principal and interest due on said bond or bonds. Said tax levy may be made notwithstanding that the said tax levy exceeds the maximum tax rate which may otherwise be imposed by law. No school district shall levy the tax authorized by this section for a period in excess of five years with respect to a particular parcel of property. (Added by Stats. 1961, Ch. 894.)
  10. 6468.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4.5. Issuance of Bonds to Represent Unpaid Assessments Against Publicly Owned Property [6468 - 6468.8] ( Chapter 4.5 added by Stats. 1969, Ch. 770. )

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    The section lets a legislative body issue bonds for unpaid assessments on publicly owned property, and it requires the assessed entity’s tax officials to levy taxes to pay the bonds. Bond owners can use mandamus to force the levy, and a successful owner may recover attorney fees and costs.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4.5. Issuance of Bonds to Represent Unpaid Assessments Against Publicly Owned Property [6468 - 6468.8] ( Chapter 4.5 added by Stats. 1969, Ch. 770. ) ## 6468. In addition to the method of collecting unpaid assessments against publicly owned property in use in the performance of a public function, as provided in Section 5302.5, and in addition to the issuance of the certificate provided in Section 6467, the legislative body may elect to have bonds issued to represent assessments against such publicly owned property as authorized in Section 5302.6 and as authorized in this chapter. Such bonds shall be substantially in the following form: ## STREET IMPROVEMENT BOND Series (designating it), in the City (or County) of (naming it) $ No. (Assessment number) This bond is issued under and by virtue of the provisions of Chapter 4.5 (commencing with Section 6468), Part 5, Division 7 of the Streets and Highways Code as a result of proceedings taken by the legislative body of ____ (under the provisions of the Improvement Act of 1911) (under the provisions of the Municipal Improvement Act of 1913) and is payable out of the redemption fund for the payment of bonds issued to represent the unpaid assessments against publicly owned property owned by the City (County) of ____ hereinafter designated. This bond is issued to represent the cost of certain public improvements benefiting such public property, which property is more fully described as assessment number(s) ____ in an assessment issued by the street superintendent of said ____ and recorded in the superintendent’s office. Said assessment was levied on the ____ day of ____ 20__, in an assessment district known and described as “____”; notice thereof was recorded in the office of the County Recorder of the County of ____, on the ____ day of ____ 20__. This bond is one of several bonds of like date, tenor and effect, but differing in amounts and maturities, issued by said city (or county) under said law for the purpose of providing means for paying for the work and improvements described in the resolution of intention in the assessment district proceedings hereinabove referred to, and to represent an unpaid assessment against publicly owned property. It is secured by the moneys in said redemption fund and by the unpaid amount of said assessment against said publicly owned property, and, including principal and interest is payable exclusively from said redemption fund and neither the (here insert city or county) nor any officer thereof is to be liable for payment otherwise. The officer, officers, or board of the entity assessed whose duty it is to levy taxes, is obligated to include in the tax levy for each and every fiscal year of the period of the bonds of the series of which this bond is a part, an amount, in addition to moneys for all other purposes, sufficient to pay the interest falling due on all bonds outstanding of this series, plus the amount necessary to pay the principal of all bonds falling due each fiscal year of the life of this series of bonds. This levy shall be included each fiscal year during the life of this series of bonds, and until the principal and interest upon all bonds of this series shall be paid in full. The levy shall be in addition to any levy or levies made for all other purposes, and shall be made notwithstanding that the tax levy exceeds the maximum tax rate that may otherwise be imposed by law. The Treasurer of the City (County) of ____ will on the second day of June 20__, solely out of said redemption fund, pay to the bearer the sum of ____ dollars ($____) with interest thereon from the ____ day of ____ 20__, at the rate of ____ percent per annum, all as herein specified and at the office of the treasurer of said city (county). The interest is payable semiannually, to wit: on the second day of December and June of each fiscal year after the date of this bond, upon presentation of the proper coupons therefor; provided, that the first of said coupons is for interest to the second day of December, 20__, and thereafter the interest coupons are for the semiannual interest. The term “fiscal year” is defined to mean the period from July 1st to and including June 30th of the year following throughout the life of this series of bonds, the first of which fiscal years shall commence the July 1st following the date of this bond. This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ground that there is not sufficient moneys in said redemption fund with which to pay same. If it is not presented at maturity, interest thereon will run until maturity. In the event the officer or board whose duty it is to levy taxes to pay for said bonds fails to provide for a tax levy to pay and discharge the principal of the bonds and the interest thereon, the owner of this bond may compel the levy thereof in the manner hereinafter set forth by writ of mandate. The writ of mandate shall include the right to compel the levy of an amount sufficient to pay principal and interest on all bonds issued to represent the same assessment. The owner of this bond may use mandamus or other appropriate remedy to compel the officer or board, whose duty it is to levy taxes for said obligated owner, to levy an amount in a given year equal to the amount necessary to pay principal and interest on the unpaid portion of this series of bonds and may continue to use mandamus or other remedy to cause a like amount of principal and interest to be levied each year until the whole of the assessment and this series of bonds and all interest thereon has been paid. If the owner of this bond is successful in any action to compel the levy of the tax under this bond the owner shall be awarded reasonable attorney fees as fixed by the court, and costs, and said attorney fees and costs shall be included in the tax levied to pay the same. This bond may be redeemed and paid in advance of maturity upon the second day of December or June in any year by giving notice in the manner provided for giving of notice for redemption of bonds under the provisions of the Improvement Bond Act of 1915, and by paying principal and accrued interest together with a premium equal to ____ percent of the principal. In witness whereof, said ____ has caused this bond to be signed by its treasurer and by its clerk and has affixed thereto its corporate seal all on the ____ day of ____ 20__. Treasurer Clerk (Amended by Stats. 2019, Ch. 497, Sec. 267. (AB 991) Effective January 1, 2020.)
  11. 6468.1.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4.5. Issuance of Bonds to Represent Unpaid Assessments Against Publicly Owned Property [6468 - 6468.8] ( Chapter 4.5 added by Stats. 1969, Ch. 770. )

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    Bonds issued under this chapter must be repaid in annual installments, with interest capped at 7% per year and paid twice yearly by coupon.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4.5. Issuance of Bonds to Represent Unpaid Assessments Against Publicly Owned Property [6468 - 6468.8] ( Chapter 4.5 added by Stats. 1969, Ch. 770. ) ## 6468.1. An annual proportion of the aggregate principal sum of bonds issued pursuant to the provisions of this chapter shall be payable on the second day of June of every fiscal year beginning with the fiscal year next following the date of the bonds. The bonds shall bear interest at a rate not in excess of 7 percent per annum from the 31st day after recording the assessment in the office of the superintendent of streets of the entity issuing the bonds, or from their date if the work was done under the Municipal Improvement Act of 1913, on all sums unpaid, until the whole of the principal sum and interest are paid. Interest shall be payable semiannually by coupon, on the second day of December and June, respectively, of each fiscal year a principal payment accrues. If no bonds are to be issued in the assessment district proceedings other than bonds to represent unpaid assessments against publicly owned property, the bonds shall bear such date as may be determined by the legislative body conducting the proceedings, and shall bear interest from their date. The bonds will continue to bear interest after maturity at the rate stated; provided, they are presented at maturity and payment thereof is refused upon the sole ground that there is not sufficient moneys in said redemption fund with which to pay same. If they are not presented at maturity, interest thereon will run until maturity. (Amended by Stats. 1972, Ch. 629.)
  12. 6468.2.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4.5. Issuance of Bonds to Represent Unpaid Assessments Against Publicly Owned Property [6468 - 6468.8] ( Chapter 4.5 added by Stats. 1969, Ch. 770. )

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    The legislative body may set bond denominations, annual maturity amounts, and authorize issuance and sale by resolution.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4.5. Issuance of Bonds to Represent Unpaid Assessments Against Publicly Owned Property [6468 - 6468.8] ( Chapter 4.5 added by Stats. 1969, Ch. 770. ) ## 6468.2. The legislative body may by resolution establish the denomination of the bonds, the amount to mature each fiscal year and provide for the issuance and sale of the bonds. (Amended by Stats. 1972, Ch. 629.)
  13. 6468.3.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4.5. Issuance of Bonds to Represent Unpaid Assessments Against Publicly Owned Property [6468 - 6468.8] ( Chapter 4.5 added by Stats. 1969, Ch. 770. )

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    The bonds’ final maturity must not be more than 24 years after the specified June date.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4.5. Issuance of Bonds to Represent Unpaid Assessments Against Publicly Owned Property [6468 - 6468.8] ( Chapter 4.5 added by Stats. 1969, Ch. 770. ) ## 6468.3. The final maturity of the bonds shall not exceed 24 years from that second day of June next succeeding this date. (Amended by Stats. 1972, Ch. 629.)
  14. 6468.4.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4.5. Issuance of Bonds to Represent Unpaid Assessments Against Publicly Owned Property [6468 - 6468.8] ( Chapter 4.5 added by Stats. 1969, Ch. 770. )

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    The treasurer must maintain a separate redemption fund and use it for specified assessment receipts and for paying the bonds and interest when proper bonds and coupons are presented.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4.5. Issuance of Bonds to Represent Unpaid Assessments Against Publicly Owned Property [6468 - 6468.8] ( Chapter 4.5 added by Stats. 1969, Ch. 770. ) ## 6468.4. The treasurer shall keep a separate redemption fund, properly designated, into which he shall place all sums received by him from the collection of the assessments against public property for bonds issued under the provisions of this chapter and for interest and penalties thereon and from which fund he shall disburse and pay the bonds and the interest due thereon upon presentation of the proper bonds and coupons. Under no circumstances shall the bonds or the interest thereon be paid out of any other fund. (Added by Stats. 1969, Ch. 770.)
  15. 6468.5.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4.5. Issuance of Bonds to Represent Unpaid Assessments Against Publicly Owned Property [6468 - 6468.8] ( Chapter 4.5 added by Stats. 1969, Ch. 770. )

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    Certain listed code sections apply to bonds issued under this chapter.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4.5. Issuance of Bonds to Represent Unpaid Assessments Against Publicly Owned Property [6468 - 6468.8] ( Chapter 4.5 added by Stats. 1969, Ch. 770. ) ## 6468.5. Sections 5302.6, 8653, 8654, 8655, 8670, 8672, 8673 and 8851 of this code are applicable to bonds issued under the provisions of this chapter. (Amended by Stats. 1972, Ch. 629.)
  16. 6468.6.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4.5. Issuance of Bonds to Represent Unpaid Assessments Against Publicly Owned Property [6468 - 6468.8] ( Chapter 4.5 added by Stats. 1969, Ch. 770. )

    Verify source ↗

    The city treasurer must mail annual payment notices and place bond funds into a separate redemption fund; the paying entity must make tax-related payments on time.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4.5. Issuance of Bonds to Represent Unpaid Assessments Against Publicly Owned Property [6468 - 6468.8] ( Chapter 4.5 added by Stats. 1969, Ch. 770. ) ## 6468.6. The bonds shall be payable at the office of the treasurer of the city conducting the proceedings. At least 30 days prior to the first day of July of each and every year after the date of the bonds, until the bonds are paid in full, the treasurer shall mail postage prepaid to the entity whose obligation it is to levy a tax to pay the amount of principal and interest falling due each year, a notice of the amount due in the next succeeding fiscal year, the date when payments are due upon the bonds, and that payment shall be made to the city conducting the proceedings by the entity obligated to levy the tax to make the payments due thereon at least 30 days prior to the due date of any installment of principal or interest upon said bonds. Failure of the treasurer to notify the entity obligated to make payment shall not affect the obligation of the entity, whose duty it is to make such payment, to make payment thereof as required by Section 5302.5 of this code. The treasurer shall place the funds in the redemption fund for the payment of such bonds, and interest thereon, such redemption fund to be separate from all other funds and to be used solely for said purpose until the interest thereon and the bonds are paid in full. (Added by Stats. 1969, Ch. 770.)
  17. 6468.7.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4.5. Issuance of Bonds to Represent Unpaid Assessments Against Publicly Owned Property [6468 - 6468.8] ( Chapter 4.5 added by Stats. 1969, Ch. 770. )

    Verify source ↗

    If the public entity sells the property before the bonds are fully paid, the bonds and accrued interest become payable within 60 days, without premium.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4.5. Issuance of Bonds to Represent Unpaid Assessments Against Publicly Owned Property [6468 - 6468.8] ( Chapter 4.5 added by Stats. 1969, Ch. 770. ) ## 6468.7. In the event that the public entity owning the property against which the assessment has been levied, and which is represented by the bonds authorized in this chapter, shall sell the property prior to the maturity and payment in full of all of the bonds representing such assessment, then all of the outstanding bonds shall be immediately payable in full together with the accrued interest thereon not later than sixty (60) days from the date of sale without premium. Interest shall be payable to the date of designated payment and the owner of the bonds, as the owner appears upon the records of the treasurer, shall be given written notice of such payment at his last known address or, if not known, at general delivery. Interest upon said bonds shall cease and terminate at the date designated for payment thereof in full, provided funds for the payment of all such principal and interest to such date have been paid into the proper redemption fund therefor and are available for such payment. (Added by Stats. 1969, Ch. 770.)
  18. 6468.8.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4.5. Issuance of Bonds to Represent Unpaid Assessments Against Publicly Owned Property [6468 - 6468.8] ( Chapter 4.5 added by Stats. 1969, Ch. 770. )

    Verify source ↗

    The legislative body may choose to include a prepayment premium in certain bonds, but it cannot be more than 5% of the bond principal.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4.5. Issuance of Bonds to Represent Unpaid Assessments Against Publicly Owned Property [6468 - 6468.8] ( Chapter 4.5 added by Stats. 1969, Ch. 770. ) ## 6468.8. The legislative body conducting the proceedings may elect in the resolution of intention to provide that the bonds issued to represent assessments against property in the use of the performance of a public function shall provide a prepayment premium not to exceed 5 percent of the principal amount of bond. In such case, the amount of the premium shall be inserted in the bonds described in Section 6468. (Added by Stats. 1972, Ch. 629.)
  19. 6480.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5. Division of Land and Bond [6480 - 6488] ( Chapter 5 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    When a bonded lot or parcel is split or combined, the existing bond or bonds may be surrendered and new bonds may be issued to the holder of the existing bond or bonds.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5. Division of Land and Bond [6480 - 6488] ( Chapter 5 added by Stats. 1941, Ch. 79. ) ## 6480. If any lot or parcel of land for which a bond has been issued is divided into two or more separate lots or parcels of land, including separate condominium interests, or if any two or more separate lots or parcels of land or separate condominium interests are combined into fewer lots or parcels, the bond or bonds may be surrendered and new bonds issued to the holder of the existing bond or bonds in the manner prescribed in this chapter. (Amended by Stats. 1985, Ch. 1332, Sec. 1. Effective October 1, 1985.)
  20. 6481.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5. Division of Land and Bond [6480 - 6488] ( Chapter 5 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    To get new bonds issued after a land division or combination, the owner must file a written application with the street superintendent and include a $5 fee for each relevant parcel or part parcel.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5. Division of Land and Bond [6480 - 6488] ( Chapter 5 added by Stats. 1941, Ch. 79. ) ## 6481. When it is desired that new bonds be issued, an application therefor in writing signed by the owner of any interest in any of the lots or parcels, including condominium interests, into which the original lot or parcel has been divided, or by the owner of the lots or parcels into which the original lots or parcels have been combined, shall be filed with the street superintendent. The application shall indicate how the original lot or parcel has been divided or how the original lots or parcels have been combined, request the street superintendent to apportion the amount remaining unpaid on the assessment in accordance with the division or combination, and be accompanied by a fee of five dollars ($5) for each separate part or parcel of land into which the original lot or parcel has been divided or for each original lot or parcel from which the newly combined lots or parcels were aggregated. If the legislative body determines that the fee set forth above is not sufficient to reimburse the city for the necessary administrative costs in processing applications under this chapter, the legislative body by resolution may fix a fee in an amount that will reimburse the city for the necessary costs in processing applications under this chapter. The street superintendent shall deposit all of these fees in the treasury. (Amended by Stats. 1985, Ch. 1332, Sec. 2. Effective October 1, 1985.)
  21. 6482.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5. Division of Land and Bond [6480 - 6488] ( Chapter 5 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    When the application and fee are received, the street superintendent must apportion the unpaid assessment among the separate parts of a lot or parcel, or among combined parcels, as if the land had been divided or combined at the time of the original assessment.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5. Division of Land and Bond [6480 - 6488] ( Chapter 5 added by Stats. 1941, Ch. 79. ) ## 6482. Upon receipt of the application and fee the street superintendent shall apportion to each separate part of the original lot or parcel of land the proportionate part of the amount remaining unpaid on the assessment that would have been levied thereon had the lot or parcel of land been so divided at the time the original assessment was made, or shall apportion to each combined parcel the proportionate part of the amount remaining unpaid on the assessment that would have been levied thereon had the parcel been so combined at the time the original assessment was made. (Amended by Stats. 1985, Ch. 1332, Sec. 3. Effective October 1, 1985.)
  22. 6483.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5. Division of Land and Bond [6480 - 6488] ( Chapter 5 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    After an apportionment, the interested landowners and the holder of the existing bond may file an application with the treasurer to request new bonds, and the application must include evidence that all required people signed it.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5. Division of Land and Bond [6480 - 6488] ( Chapter 5 added by Stats. 1941, Ch. 79. ) ## 6483. When the apportionment has been made an application signed by all persons owning an interest in the original lot or parcel or lots or parcels of land and by the holder of the existing bond on the lot or parcel of land or lots or parcels may be filed with the treasurer requesting that new bonds be issued for the amounts shown by the apportioned assessment. The application shall be accompanied by evidence satisfactory to the treasurer that it is signed by all of the necessary persons. (Amended by Stats. 1985, Ch. 1332, Sec. 4. Effective October 1, 1985.)
  23. 6484.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5. Division of Land and Bond [6480 - 6488] ( Chapter 5 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    After the treasurer confirms the application has all necessary signatures, the treasurer must notify the street superintendent, and the street superintendent must update the recorded diagram and assessment and assign new assessment numbers.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5. Division of Land and Bond [6480 - 6488] ( Chapter 5 added by Stats. 1941, Ch. 79. ) ## 6484. When the treasurer has ascertained that the application is signed by all the necessary persons he or she shall so advise the street superintendent. The street superintendent shall thereupon amend the recorded diagram and assessment to conform to the division or combination and apportionment and assign new assessment numbers to each separate part of the original lot or parcel of land. (Amended by Stats. 1985, Ch. 1332, Sec. 5. Effective October 1, 1985.)
  24. 6485.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5. Division of Land and Bond [6480 - 6488] ( Chapter 5 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The treasurer must add 5% to each apportioned amount, capped at $10, and must make and sign a new bond in the same form as the existing bond.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5. Division of Land and Bond [6480 - 6488] ( Chapter 5 added by Stats. 1941, Ch. 79. ) ## 6485. The treasurer shall add to each apportioned amount a sum equal to 5 percent thereof but in no event more than ten dollars ($10) and shall make and sign a new bond in the same form as the existing bond, to represent each such apportioned amount, and the amount so added if the apportioned amount is fifty dollars ($50) or more. (Amended by Stats. 1967, Ch. 790.)
  25. 6486.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5. Division of Land and Bond [6480 - 6488] ( Chapter 5 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The bond must be paid in installments on the same dates that principal and interest are paid on the existing bond.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5. Division of Land and Bond [6480 - 6488] ( Chapter 5 added by Stats. 1941, Ch. 79. ) ## 6486. The bond shall be payable in installments at the respective dates of the payment of principal and interest on the existing bond, the number of such installments to be equal to the number of unpaid installments on the existing bond. (Added by Stats. 1941, Ch. 79.)
  26. 6487.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5. Division of Land and Bond [6480 - 6488] ( Chapter 5 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    A new bond cannot be issued if the apportioned amount is under $50; instead, that amount must be paid in cash to the treasurer for the existing bond holder's benefit before filing the Section 6483 application.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5. Division of Land and Bond [6480 - 6488] ( Chapter 5 added by Stats. 1941, Ch. 79. ) ## 6487. No new bond shall be issued when the apportioned amount is less than fifty dollars ($50). If it is less, the apportioned amount shall be paid to the treasurer in cash for the benefit of the holder of the existing bond at or prior to the time of filing the application referred to in Section 6483. (Amended by Stats. 1963, Ch. 631.)
  27. 6488.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5. Division of Land and Bond [6480 - 6488] ( Chapter 5 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    When the existing bond is surrendered, the treasurer must deliver the replacement bonds and any cash payments made under Section 6487 to the bondholder, agent, or assigns.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5. Division of Land and Bond [6480 - 6488] ( Chapter 5 added by Stats. 1941, Ch. 79. ) ## 6488. Upon the surrender of the existing bond the treasurer shall deliver to the bondholder or his agent or assigns the bonds issued for such apportioned assessments together with all payments of cash which may have been made pursuant to Section 6487. (Added by Stats. 1941, Ch. 79.)
  28. 6490.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5.5. Alternative Procedure for Division of Land and Bond [6490 - 6494] ( Chapter 5.5 added by Stats. 1986, Ch. 874, Sec. 1. )

    Verify source ↗

    This chapter provides an alternative procedure for dividing land and issuing a bond, instead of the procedure in Chapter 5.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5.5. Alternative Procedure for Division of Land and Bond [6490 - 6494] ( Chapter 5.5 added by Stats. 1986, Ch. 874, Sec. 1. ) ## 6490. This chapter provides an alternative to the procedure for division of land and bond set out in Chapter 5 (commencing with Section 6480). (Added by Stats. 1986, Ch. 874, Sec. 1. Effective September 17, 1986.)
  29. 6490.5.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5.5. Alternative Procedure for Division of Land and Bond [6490 - 6494] ( Chapter 5.5 added by Stats. 1986, Ch. 874, Sec. 1. )

    Verify source ↗

    The legislative body may state in the resolution of intention that the bonds are divisible under this chapter, and the chapter applies only if the bond clearly says so.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5.5. Alternative Procedure for Division of Land and Bond [6490 - 6494] ( Chapter 5.5 added by Stats. 1986, Ch. 874, Sec. 1. ) ## 6490.5. The legislative body may provide in the resolution of intention, along with its determination to issue bonds, that the bonds shall be divisible pursuant to this chapter. This chapter shall apply only if it is clearly stated on the bond that it is divisible pursuant to this chapter. (Added by Stats. 1986, Ch. 874, Sec. 1. Effective September 17, 1986.)
  30. 6491.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5.5. Alternative Procedure for Division of Land and Bond [6490 - 6494] ( Chapter 5.5 added by Stats. 1986, Ch. 874, Sec. 1. )

    Verify source ↗

    If a bonded lot or parcel is subdivided or partly transferred, an owner may file a written application with the legislative body to apportion the unpaid assessment.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5.5. Alternative Procedure for Division of Land and Bond [6490 - 6494] ( Chapter 5.5 added by Stats. 1986, Ch. 874, Sec. 1. ) ## 6491. (a) If any lot or parcel of land upon which there is an unpaid assessment represented by bonds issued under this division and to which this chapter is applicable is subdivided, including a division into condominium interests as defined in Section 783 of the Civil Code, or the ownership of a portion of the lot or parcel of land is transferred to another person, the owner of any interest in any of the lots or parcels into which the original lot or parcel has been divided, may file an application in writing with the legislative body. (b) The application under subdivision (a) shall indicate how the original lot or parcel has been divided or transferred, and request the legislative body to apportion the amount remaining unpaid on the assessment in accordance with this chapter. (c) The application shall be accompanied by a fee in an amount to be determined by the legislative body, for each separate part or parcel of land into which the original lot or parcel has been divided or transferred. All application fees shall be deposited in the treasury. (Added by Stats. 1986, Ch. 874, Sec. 1. Effective September 17, 1986.)
  31. 6491.5.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5.5. Alternative Procedure for Division of Land and Bond [6490 - 6494] ( Chapter 5.5 added by Stats. 1986, Ch. 874, Sec. 1. )

    Verify source ↗

    When the application and fee are received, the street superintendent must determine, or have determined, how the unpaid assessment is apportioned among the separate parts of the original lot or parcel.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5.5. Alternative Procedure for Division of Land and Bond [6490 - 6494] ( Chapter 5.5 added by Stats. 1986, Ch. 874, Sec. 1. ) ## 6491.5. Upon receipt of the application and fee, the street superintendent shall determine, or cause to be determined, an apportionment of the unpaid assessment to each separate part of the original lot or parcel of land, as if the lot or parcel of land had been so divided at the time the original assessment was made. (Amended by Stats. 2006, Ch. 538, Sec. 641. Effective January 1, 2007.)
  32. 6492.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5.5. Alternative Procedure for Division of Land and Bond [6490 - 6494] ( Chapter 5.5 added by Stats. 1986, Ch. 874, Sec. 1. )

    Verify source ↗

    After apportionment is determined, all persons with an interest in the original lot or parcel may file a signed application with the legislative body asking it to adopt the apportioned assessment.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5.5. Alternative Procedure for Division of Land and Bond [6490 - 6494] ( Chapter 5.5 added by Stats. 1986, Ch. 874, Sec. 1. ) ## 6492. After the apportionment has been determined pursuant to Section 6491.5, an application signed by all persons owning an interest in the original lot or parcel of land may be filed with the legislative body, requesting that the assessment as apportioned be adopted. (Added by Stats. 1986, Ch. 874, Sec. 1. Effective September 17, 1986.)
  33. 6492.5.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5.5. Alternative Procedure for Division of Land and Bond [6490 - 6494] ( Chapter 5.5 added by Stats. 1986, Ch. 874, Sec. 1. )

    Verify source ↗

    The clerk must mail notice of a requested assessment apportionment to the registered bondholder, and the legislative body must hold a hearing if one is requested within 45 days.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5.5. Alternative Procedure for Division of Land and Bond [6490 - 6494] ( Chapter 5.5 added by Stats. 1986, Ch. 874, Sec. 1. ) ## 6492.5. (a) The clerk of the legislative body shall send a notice, by certified or registered mail, to the registered holder of any outstanding bond secured by the assessment to be apportioned, stating that an apportionment of an assessment has been requested, and indicating the numbers and amounts of the proposed apportionment. The notice shall also state that, unless a request for a hearing is received within 45 days from the date of mailing of the notice, the apportioned assessments shall become final and be recorded in the office of the street superintendent. (b) If a request for a hearing under subdivision (a) is received, the legislative body shall file a report and conduct a hearing pursuant to Part 10 (commencing with Section 8730) of Division 10. (Added by Stats. 1986, Ch. 874, Sec. 1. Effective September 17, 1986.)
  34. 6493.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5.5. Alternative Procedure for Division of Land and Bond [6490 - 6494] ( Chapter 5.5 added by Stats. 1986, Ch. 874, Sec. 1. )

    Verify source ↗

    The legislative body may divide a bond after a hearing if specific benefit and security findings are made. The bondholder must return the original bond, and it is replaced with new bonds on the apportioned parcels.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5.5. Alternative Procedure for Division of Land and Bond [6490 - 6494] ( Chapter 5.5 added by Stats. 1986, Ch. 874, Sec. 1. ) ## 6493. (a) At the time and place set for the hearing pursuant to subdivision (b) of Section 6492.5, and after hearing all protests, the legislative body may determine to divide the bond according to the proposed apportionment, or as amended by the legislative body during the hearing, upon a finding of both of the following: (1) That the apportionment is in accordance with the proportionate benefits to be received by each of the resulting lots or parcels. (2) That the apportionment does not impair the value or security of the outstanding bonds secured by the land being apportioned and that the lien-to-value ratio of each apportioned parcel is not less than that ratio for the original parcel based on an appraisal by an individual designated by a nationally recognized appraisal association. The value calculations shall exclude site improvements constructed subsequent to the date of confirmation of the assessment. (b) The determination of the legislative body pursuant to subdivision (a) is final and conclusive. (c) Upon that determination, the bond secured by the original parcel shall be returned by the bondholder, canceled on the books of the city, and exchanged for new bonds on the apportioned parcels in the same aggregate principal amount, of the same maturity, and at the same interest rate as the original bond. Thereafter, payment of principal and interest shall be due on the new bonds to the holder thereof in the same manner and on the same dates as were applicable to the original bond. (Added by Stats. 1986, Ch. 874, Sec. 1. Effective September 17, 1986.)
  35. 6493.5.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5.5. Alternative Procedure for Division of Land and Bond [6490 - 6494] ( Chapter 5.5 added by Stats. 1986, Ch. 874, Sec. 1. )

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    If the required signatures are in place and no hearing is requested, the clerk must update the recorded diagram and assessment, assign new assessment numbers, file the amended assessment with the treasurer, and the treasurer must enter the installments on the assessment roll each year.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5.5. Alternative Procedure for Division of Land and Bond [6490 - 6494] ( Chapter 5.5 added by Stats. 1986, Ch. 874, Sec. 1. ) ## 6493.5. (a) If the clerk of the legislative body ascertains that the application has been signed by all of the necessary persons, and that no request for a hearing has been received, the clerk shall amend, or cause to be amended, the recorded diagram and assessment to conform to the proposed division and apportionment, and assign new assessment numbers to each separate part of the original lot or parcel of land. (b) The clerk of the legislative body shall file the amended assessment with the treasurer, who shall annually enter upon the assessment roll the installments becoming due on each component part of the original parcel opposite a description of the respective parcels. (Added by Stats. 1986, Ch. 874, Sec. 1. Effective September 17, 1986.)
  36. 6494.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5.5. Alternative Procedure for Division of Land and Bond [6490 - 6494] ( Chapter 5.5 added by Stats. 1986, Ch. 874, Sec. 1. )

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    If a city is acting as the legislative body under this chapter and county officials collect the assessments, the street superintendent must send a copy of the amended assessment to the county treasurer.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5.5. Alternative Procedure for Division of Land and Bond [6490 - 6494] ( Chapter 5.5 added by Stats. 1986, Ch. 874, Sec. 1. ) ## 6494. If a city is the legislative body proceeding pursuant to this chapter and collections upon the assessments are made by county officials, the street superintendent shall transmit a copy of the amended assessment to the county treasurer. (Added by Stats. 1986, Ch. 874, Sec. 1. Effective September 17, 1986.)
  37. 6500.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

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    A bondholder must give the owner a mailed delinquency notice at least 30 days before asking the treasurer to sell the land, and the treasurer must proceed to advertise and sell if the bondholder has complied and paid required amounts.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6500. (a) Whenever payment upon either the principal or the interest of any bond is not made to the bondholder when the coupon therefor is due, the holder of the bond, after sending the notice required by subdivision (b), may demand, in writing, that the treasurer proceed to advertise and sell the lot or parcel of land described in the bond as being that upon which the assessment represented by the bond was levied. If the holder of the bond has complied with subdivision (b) and deposits the required amounts, the treasurer shall proceed to advertise and sell the lot or parcel of land as provided in this chapter. The treasurer may require the holder of the bond to deposit with him an amount of money estimated by the treasurer to be sufficient to reimburse the city for costs incurred in obtaining an abstract of title or title search of the real property to be sold, if the treasurer deems it necessary to determine ownership of the property. Amounts deposited which remain after these expenses have been paid shall be returned to the depositor or his representative. (b) At least 30 days prior to demanding a sale by the treasurer for nonpayment of either principal or interest upon any delinquent bond on owner-occupied residential property, a bondholder shall send a notice by first-class mail, postage prepaid, of the delinquent amount along with the following notice to the owner of the property. The notice shall be substantially in the following form and be printed in red ink in at least 14-point boldface type: IMPORTANT NOTICE Dear Property Owner: Your property located at _____ (address) may be sold by the city (or county) because you have not paid what you owe for ________ improvements made in your area. To be sure to save your property, pay to the city (or county) treasurer the delinquent amount which is overdue or call by . (telephone number of city or county treasurer’s improvement bond unit) (date) (Amended by Stats. 1982, Ch. 1443, Sec. 1. Effective September 27, 1982. Operative January 1, 1983, by Sec. 8 of Ch. 1443.)
  38. 6501.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

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    The treasurer must mail a certified notice of sale to the property owner when a delinquent bond is unpaid.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6501. The treasurer shall mail a notice of sale to the owner of any property to be sold for nonpayment of either principal or interest upon any delinquent bond. The notice shall be sent by certified mail to the owner of the property as shown on the last equalized assessment roll and to any person whose name appears as an owner on the records of the county assessor’s office which the county assessor will use to prepare the next assessor’s roll. The notice shall be substantially in the following form and the first paragraph shall be printed in at least 14-point boldface type: IMPORTANT NOTICE Your property located at _____ (address) will soon be sold by the city (or county) unless you pay what you owe for ____ improvement made in your area. To obtain information on how to prevent the sale of your property, immediately call the foreclosure clerk at the city (or county) treasurer’s office. The telephone number is ____ to arrange for payment. For more detailed information regarding this matter, read the following: “Notice of Sale of Property Delinquent for Nonpayment of ____ Improvement Bond “You are hereby notified that Bond ____, Series ____, representing a lien against Parcel Number ____ (or the legal description of the property in said bond) located at ____, for an improvement in the City (or County) of ____, is delinquent. Unless the amount of the unpaid principal on the bond, together with interest, penalties, and recordation fee for filing notice of pendancy, is paid to the city (or county) treasurer on or before six months after the mailing of this notice, the date of which being this ____ day of ____, 19__, or unless the bond is reinstated as provided by Section 6631, the undersigned will proceed to advertise and sell the lot or parcel of land in the manner prescribed by law to satisfy the amount of the bond, interest, penalties, and costs.” (Amended by Stats. 1982, Ch. 1443, Sec. 2. Effective September 27, 1982. Operative January 1, 1983, by Sec. 8 of Ch. 1443.)
  39. 6501.1.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

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    The treasurer must hold surplus sale money in trust and pay it out in a set order, and must notify people with recorded interests about how to claim it.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6501.1. (a) If there is surplus money remaining from the sale after payment of the amount due on the bond, plus interest, penalties, and costs of sale, the treasurer shall hold the surplus money in trust during the period of redemption or until the amount due is paid by a redemptioner. In the event of redemption, the treasurer shall pay to the holder of the certificate of sale the amount of principal, interest, and penalties due on the bond, costs paid by the holder, and any surplus money held in trust. In the event that there is no redemption of the bond during the redemption period, the treasurer shall pay the surplus money in the following order: (1) To the lienholders of record prior to the issuance of the treasurer’s deed, in the order of their priority; (2) To the person who was the owner of record prior to the issuance of the treasurer’s deed, if he can be found within a three-year period following such sale, or, if such person cannot be found in such period, to each taxing agency in the same proportion that each agency’s taxes bear to the total taxes. (b)(1) Written notice of the right to claim surplus money shall be sent to the last known address of any person who had a recorded interest in the property at the time of sale. Such notice shall be sent no later than 90 days after the sale of the property. (2) If the last known address of a person with a recorded interest in the property is not known, notice shall be published once a week for three successive weeks in a newspaper of general circulation in the county. Such notice shall commence no later than 60 days after the sale of such property. (Amended by Stats. 1979, Ch. 615.)
  40. 6502.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

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    A property sale under this chapter may not occur unless the required notices are sent under the listed sections.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6502. No sale of property shall be made pursuant to this chapter unless the notices are sent pursuant to Sections 6500, 6501, 6505, and 6505.2. The failure of the property owner to receive or accept the notices does not affect the validity of the sale or invalidate any subsequent act or proceeding. (Amended by Stats. 1985, Ch. 475, Sec. 2.)
  41. 6503.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

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    After six months from mailing the notice, and after the bond holder pays the amounts due under Section 6505.1, the treasurer must publish a notice of sale in a newspaper of general circulation.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6503. After the expiration of six months from the time of mailing the notice and upon payment by the holder of the bond to the treasurer of the amounts specified in Section 6505.1, the treasurer shall publish a notice of sale in a newspaper of general circulation, published in the city in which the bond was issued, or if no newspaper is published in the city, then in some newspaper having general circulation therein. (Amended by Stats. 1976, Ch. 17.)
  42. 6504.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

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    The treasurer must use a prescribed notice form to announce a public auction sale of property for unpaid bond-related amounts, unless the overdue amounts and specified costs are paid first.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6504. The notice of sale shall be in substantially (filling in all blanks) the following form: ## “Notice of Sale of Property Delinquent for Nonpayment of Bond No. __, Series No. __, Issued for the Improvement of ____ “Default having been made in the payment of the following named coupons (here fill in date and amounts of the coupon or coupons which have not been paid) and the holder of said bond having demanded in writing that the Treasurer of the City (or County) of ____ proceed to advertise and sell the lot or parcel of land mentioned in said bond. Now, therefore, I give notice that I will on the ____ day of ____, 20__, at the hour of ____ o’clock _m., of said day, sell at public auction the lot or parcel of land mentioned in said bond, to wit: Parcel Number ____ (or the legal description of the property in said bond) located at ____, at (here state the place of sale, which shall be at the office of said treasurer or at some public place in said city (or county)) unless the amount due on said bond and the accrued interest thereon together with the costs set forth in the third paragraph of this notice are paid; and that I will so sell the same to the person who will pay the highest price for the entire lot or parcel of land hereinafter described, but not less than the full amount of unpaid principal, interest, and penalties on said bond, together with all costs. In the event there is no bidder for the total amount due on said bond, together with the accrued interest, penalties, and costs of sale, I shall deem said lot or parcel of land sold to the holder of said bond, as provided in Section 6509 of the Streets and Highways Code. The lot or parcel of land mentioned in said bond and to be sold, is more particularly described, to wit: (here set forth the description of the lot or parcel of land as contained in the bond). The amount due on said bond up to the date of this notice is as follows: Due on the principal thereof, ____ dollars ($____); due on account of interest ____ dollars ($____) (here set forth the interest calculated and compounded semiannually up to the date on which the notice is dated at the interest rate named in said bond upon the unpaid principal for the full period for which no interest has been paid) due on account of penalties ____ dollars ($____). Total amount due on said bond (here set forth the total of the foregoing items). “In order to avoid this sale, payment of the total amount above named will be required together with the additional interest accruing up to the date of payment and the following costs: (a) the cost of recording pendency of foreclosure as provided in Section 3121 of the Streets and Highways Code; (b) if incurred, costs of obtaining an abstract of title or title search; (c) the cost of publication of the notice of sale incurred before such payment; and (d) the sum of three dollars ($3) for ascertainment by the treasurer of the name and address of the property owner, as shown on the last equalized roll for taxes, and any person whose name appears as owner on the records of the county assessor’s office which the county will use to prepare the next assessor’s roll. The bond may be reinstated and the sale avoided upon payment of the amounts due, interest, penalties, and costs in the manner provided in Sections 3121 and 6631 of the Streets and Highways Code. “In the event of sale, such sale will include interest in addition to the above total amount due accruing up to the date of sale, the costs provided in Section 6505.1 of the Streets and Highways Code, and the fee for recording the certificate of sale. The ____ (here name newspaper) is designated as the newspaper in which this notice shall be published. Dated _______ Treasurer of the City (or County) of ____________” (Amended by Stats. 2018, Ch. 198, Sec. 13. (AB 3246) Effective January 1, 2019.)
  43. 6505.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

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    The notice of sale must be timed and mailed in specific ways before the sale can happen.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6505. (a) The day specified in the notice of sale shall not be less than 45 days from the date of the first publication of the notice. (b) At least 30 days prior to the sale, a copy of the notice of sale shall be transmitted by the treasurer by certified mail to the bondholder at his last known address. (c) At least 30 days prior to the sale, the treasurer shall mail, by first-class mail, a copy of the notice of sale and the following notice which shall be printed in at least 14-point boldface type to the property owner as shown on the last equalized roll for taxes and to any other person whose name appears as owner on the records of the county assessor’s office which the county will use to prepare the next assessor’s roll. IMPORTANT NOTICE Because you have not paid the money you owe to the city (or county) treasurer for ____ improvements made in your area, the treasurer has arranged to sell your property. You must pay off this debt by (day before sale) or your property will be sold. If you wish to stop this sale and save your property, call the foreclosure clerk at the treasurer’s office, telephone number ____, to arrange for payment of this debt. See the attached notice for further details regarding this sale. (Repealed and added by Stats. 1978, Ch. 483.)
  44. 6505.1.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

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    The treasurer does not have to publish or mail the sale notice unless the bondholder first deposits the required fees and documents before the notice is issued.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6505.1. The treasurer shall be under no obligation to publish or mail notice of sale as provided in Sections 6503, 6504, 6505, and 6505.2 unless the bondholder deposits with the treasurer, prior to the issuance of the notice, the following sums and documents: (a) A receipt from the county recorder for the cost of recording notice of pendency of foreclosure as provided by Section 3121. (b) A fee to reimburse the city or county for its estimated reasonable cost of obtaining the name and last known mailing address of, and for mailing notices required by Section 6505.2 to, parties of interest as defined by Section 6505.4. (c) The sum of three dollars ($3) for ascertainment by the treasurer of the name and address of the property owner, as shown on the last equalized assessment roll for taxes, and any person whose name appears as owner on the records of the county assessor’s office which will be used by the county to prepare the next assessor’s roll. (d) Cost of publication of the notice of sale. (e) Treasurer’s fee for issuance of certificate of sale which is hereby fixed at seven dollars ($7). (f) Sheriff’s travel fees, as provided in Section 26746 of the Government Code. (Amended by Stats. 1985, Ch. 475, Sec. 3.)
  45. 6505.2.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The treasurer must mail sale notice to parties of interest within a 45- to 60-day window before the sale and make a reasonable effort to find their name and mailing address.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6505.2. (a) Not less than 45 days nor more than 60 days prior to the date of sale, the treasurer shall send notice by registered mail to the last known mailing address, if available, of parties of interest, as defined in Section 6505.4. The content of the notice shall include the date, time, and place of the proposed sale, the amount required to redeem prior to the time of sale, and information regarding the rights of persons to claim surplus money, as defined in Section 6501.1, if the property is sold and surplus money results from the sale. (b) The treasurer shall make a reasonable effort to obtain the name and last known mailing address of parties of interest. (c) The validity of any sale under this chapter is not affected if the treasurer’s reasonable effort fails to disclose the name and last known mailing address of parties of interest or if a party of interest does not receive the mailed notice. (Added by Stats. 1985, Ch. 475, Sec. 4.)
  46. 6505.4.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    For notice under Section 6505.2, “parties of interest” includes recorded lienholders before the treasurer’s deed issues and other people who would get title to all or part of the property through redemption.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6505.4. For the purpose of giving notice, as required by Section 6505.2, parties of interest are all of the following: (a) Lienholders of record prior to the issuance of the treasurer’s deed. (b) Any other person who would be vested with title to all, or any portion, of the property to be sold by redemption of the property. (Added by Stats. 1985, Ch. 475, Sec. 5.)
  47. 6506.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    An affidavit of publication must be filed with the treasurer, and it counts as prima facie evidence that the notice was published.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6506. Any affidavit of publication setting forth a copy of the publication and stating that the publication was made in the newspaper named on specified dates shall be filed with the treasurer and shall be prima facie evidence of the publication of the notice. (Amended by Stats. 1976, Ch. 17.)
  48. 6507.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The treasurer must collect a $7 fee for issuing a certificate of sale.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6507. The treasurer shall collect the sum of seven dollars ($7) for the issuance of the certificate of sale, which sum shall belong to and be subject to the disposition of the city or county. (Amended by Stats. 1974, Ch. 64.)
  49. 6508.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    If the required amounts are paid before sale, the bond is canceled; if the owner redeems before notice is published but after publication costs are incurred, the owner must reimburse the treasurer.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6508. If at any time prior to the sale any person interested in the lot or parcel of land described in the notice of sale pays the whole amount of the unpaid principal of the bond, the interest thereon compounded semiannually up to the date of such payment, at the rate named in the bond upon the amount of the principal remaining unpaid for the whole period for which interest has not been paid, and all penalties which have accrued, together with the sums specified in Section 6505.1, except for the fee for the issuance of the certificate of sale, the bond shall be canceled. If redemption of the bond is made by the property owner prior to publication of notice of sale, but after the treasurer has incurred any expense for such publication, the property owner shall pay to the treasurer such expense incurred by the treasurer. (Amended by Stats. 1976, Ch. 17.)
  50. 6508.2.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    Before selling an owner-occupied residential property, the treasurer or designee must try to meet or speak with the owner-occupant and explain that the property will be sold unless the delinquency is paid, including the right of redemption.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6508.2. Prior to the sale of any owner-occupied residential property, the treasurer or his or her designee shall, in person, make every reasonable effort to meet with the owner-occupant in the office of the treasurer or his or her designee or otherwise speak with the owner-occupant. During this contact, the treasurer or his or her designee shall, in language understandable to the owner-occupant, explain that the property will be sold unless the delinquency is paid. The explanation shall also include a full explanation of the right of redemption. Failure to comply with this section shall not invalidate any sale pursuant to this act. (Added by Stats. 1982, Ch. 1443, Sec. 4. Effective September 27, 1982. Operative January 1, 1983, by Sec. 8 of Ch. 1443.)
  51. 6509.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    If payment is not made, the sale must proceed as advertised, and the property must be sold subject to a minimum price rule. If there are no bidders, the bondholder is liable for the minimum sales price, and a certificate of sale may be issued after required surrender and payments.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6509. (a) If such payment is not made, the sale shall be made as advertised, and the lot or parcel described in the bond shall be sold to the purchaser who will pay the highest price for the entire lot or parcel of land to be sold, but not less than the higher of (1) the amount due on the bond, together with accrued interest, penalties, and all of the sums specified in the notice of sale that are due in the event of sale, or (2) an amount equal to not less than 50 percent of the fair market value of the property. (b) In the event there are no bidders, the bondholder shall be liable for the minimum sales price. Payment to the treasurer at the time of sale need not exceed the amount specified in paragraph (1) of subdivision (a), and the balance, if any, shall be payable at the time the deed is issued. (c) In the event there are no bidders, a certificate of sale for the entire lot or parcel of land described in the bond shall be issued to the bondholder after surrender of the bond, including all unpaid principal and interest coupons, to the treasurer and after payment to the treasurer of the fee of the recorder for recording such certificate, and, if incurred, and if no deposit was made pursuant to Section 6500, the cost of an abstract of title or title search of the real property sold under foreclosure; and also at that time the costs of the sale and other fees previously paid to the treasurer pursuant to Section 6505.1. (d) For the purpose of this section, “fair market value” means the amount, as defined in Section 110 of the Revenue and Taxation Code, as determined pursuant to an appraisal of such property by the county assessor within one year immediately preceding the date of the sale, inclusive of the cost of appraisal, notice, recording, and the cost of an abstract of title or title search of such real property, if any. The fair market value as determined by the assessor pursuant to appraisal shall be conclusively presumed in favor of any purchaser or encumbrancer for value of such property. (Amended by Stats. 1979, Ch. 615.)
  52. 6510.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    If a bond sale brings in less than the amount required, the sale is still valid, and the bond holder’s acceptance of the certificate or sale proceeds waives the shortfall.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6510. If through error or otherwise the total amount for which the sale is made is less than that required by the provisions of this chapter, and the holder of the bond either is the purchaser at the sale and elects to accept the certificate of sale hereinafter mentioned, or accepts from the treasurer the sum derived from the sale made to some other purchaser, the fact that the sale was made for less than the amounts specified in this chapter shall not affect or invalidate the sale, and the acceptance of the certificate or of the sum derived from the sale shall be a waiver on the part of the holder of the bond, and in such case the amount received on the sale shall be the amount upon which redemption from the sale shall be calculated the same as if the sale had been made for the full amount authorized by this chapter. (Added by Stats. 1941, Ch. 79.)
  53. 6511.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    Before delivering any certificate of sale, the treasurer must record specified bond, land, and sale details in a book, number the descriptions and certificates, and note the bond as canceled by sale of the property.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6511. The treasurer, before delivering any certificate of sale, shall enter the following data in a book kept in his office for that purpose: (a) The date, number, and series of the bond. (b) A description of the land sold corresponding with the description of the certificate of sale. (c) The date of sale, the purchaser’s name, and the amount paid. He shall regularly number the descriptions on the margin of the book, and put a corresponding number on each certificate. He shall enter on the record of the bond the words: “Canceled by sale of the property,” giving the date of such sale. (Added by Stats. 1941, Ch. 79.)
  54. 6512.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The book must be open to public inspection during office hours when it is not in actual use.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6512. Such book shall be open to public inspection during office hours when not in actual use. (Added by Stats. 1941, Ch. 79.)
  55. 6513.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The treasurer must issue an original and a duplicate certificate of sale for each sale.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6513. The treasurer shall issue for each sale an original and a duplicate certificate of sale containing: (a) The date, number and series of the bond under which the sale was made, (b) A description of the land sold, and (c) The date of the sale, the purchaser’s name, a statement that the property was sold in accordance with the provisions of Section 6509, and the number of the certificate. (Amended by Stats. 1979, Ch. 615.)
  56. 6514.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The treasurer must give the purchaser the original certificate of sale and record the duplicate in the county recorder’s office.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6514. The treasurer shall deliver the original certificate of sale to the purchaser and shall record the duplicate in the office of the recorder of the county in which the land sold is situated. (Added by Stats. 1941, Ch. 79.)
  57. 6515.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The legal holder of a certificate of sale may pay certain prior taxes or liens and may redeem the property from related sales.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6515. At any time after its delivery to him the legal holder of the certificate of sale may pay any general taxes, street improvement assessments, or any other tax or statutory lien upon the property described in the certificate of sale which may be prior to his lien or he may redeem the property from any sale made in the collection or enforcement of such general taxes, or foreclosing street improvement assessments or other tax or statutory liens. (Added by Stats. 1941, Ch. 79.)
  58. 6516.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    When the certificate-of-sale holder shows the official receipt for amounts paid, the treasurer must note that on the certificate, enter it in the bond record, and collect the entered amount plus interest.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6516. Upon production by the holder of the certificate of sale of the official receipt for the amounts so paid by him, the treasurer shall make an indorsement upon the certificate of sale showing that receipts have been so produced and stating the nature of the tax or lien paid, and the amount thereof. He shall also make a like entry in the book containing the bond record and shall collect the amount so entered as a part of the amount represented by the certificate of sale together with interest thereon at the same rate as provided on the purchase money for redemption. (Added by Stats. 1941, Ch. 79.)
  59. 6517.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    After the sale, the purchaser gets a lien on the property sold, up to the amount of the bid.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6517. Immediately on the sale, the purchaser shall become vested with a lien on the property sold to him, to the extent of his bid. He may only be divested of that lien by redemption. (Added by Stats. 1941, Ch. 79.)
  60. 6518.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    If a certificate of sale is assigned, the holder must immediately notify the treasurer, give the assignee’s name and address, and endorse the assignment on the certificate.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 6. Default and Sale for Delinquency [6500 - 6518] ( Chapter 6 added by Stats. 1941, Ch. 79. ) ## 6518. The holder of a certificate of sale, upon assignment of such certificate shall immediately notify the treasurer thereof, giving the name and address of the assignee and shall endorse such assignment on the certificate of sale. (Added by Stats. 1963, Ch. 653.)
  61. 6530.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 7. Redemption of Delinquent Property [6530 - 6532] ( Chapter 7 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The owner or any party in interest may redeem sold property within 12 months of purchase, or before the purchaser applies for a deed, and redemption must be paid in lawful U.S. money.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 7. Redemption of Delinquent Property [6530 - 6532] ( Chapter 7 added by Stats. 1941, Ch. 79. ) ## 6530. A redemption of the property sold may be made by the owner or any party in interest within 12 months from the date of purchase, or at any time prior to the application by the purchaser for a deed. Redemption shall be made in lawful money of the United States. (Added by Stats. 1941, Ch. 79.)
  62. 6530.5.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 7. Redemption of Delinquent Property [6530 - 6532] ( Chapter 7 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The treasurer must mail a sale notice within 10 days after the certificate of sale is issued.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 7. Redemption of Delinquent Property [6530 - 6532] ( Chapter 7 added by Stats. 1941, Ch. 79. ) ## 6530.5. The treasurer, within 10 days of the issuance of the certificate of sale, shall mail a notice to the owner of the property sold pursuant to this chapter. The notice shall be sent by first-class mail to the owner of the property as shown on the last equalized assessment roll and to any person whose name appears as an owner on the records of the county assessor’s office which the county assessor will use to prepare the next assessor’s roll. The notice shall state the following in at least 14-point boldface type: IMPORTANT NOTICE Your property located at ____ has been sold by the city (or county) treasurer because you did not pay for ____ improvements made in your area. You still have at least 11 months to pay $ (amount) which you owe plus penalties, interests, and costs. YOU CAN STILL SAVE YOUR PROPERTY. Contact the foreclosure clerk at the treasurer’s office to find out the exact amount due. The telephone number is ____. If you do not pay this debt, you will lose your property and all the money you have invested in it. Act now! (Added by Stats. 1978, Ch. 483.)
  63. 6531.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 7. Redemption of Delinquent Property [6530 - 6532] ( Chapter 7 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    Redemption of delinquent property is allowed only by paying the treasurer the listed amounts, plus 1% monthly interest from the date of sale.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 7. Redemption of Delinquent Property [6530 - 6532] ( Chapter 7 added by Stats. 1941, Ch. 79. ) ## 6531. Redemption can be made only by the payment to the treasurer of the following, together with interest at the rate of 1 percent a month from the date of sale: (a) The amount due on the bond and costs. (b) The moneys paid for taxes, street improvement assessments, or other taxes or statutory liens or to redeem the property from any sale in the collection or enforcement of any of the liens. (c) The fee of the recorder for recording the certificate of sale and for filing the notice of pendency of sale or foreclosure pursuant to Part 3 (commencing with Section 3120) of Division 4.5. (d) If incurred, the cost of an abstract of title or title search of the real property sold under foreclosure. (Amended by Stats. 1978, Ch. 483.)
  64. 6532.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 7. Redemption of Delinquent Property [6530 - 6532] ( Chapter 7 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    If redemption is made to the treasurer, the treasurer must record it, credit the purchaser, and pay out the money when the certificate is surrendered and any assignment is proven.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 7. Redemption of Delinquent Property [6530 - 6532] ( Chapter 7 added by Stats. 1941, Ch. 79. ) ## 6532. When the redemption is made to the treasurer he shall mark the word: “Redeemed,” the date and by whom redeemed on the margin of the book where the entry of the certificate of sale is made. He shall credit the amount paid to the purchaser named in the certificate, and pay the money to the purchaser, or his assignee, upon the surrender of the certificate of sale, and upon satisfactory proof of an assignment thereof, if the certificate has been assigned. (Added by Stats. 1941, Ch. 79.)
  65. 6550.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 8. Conveyance of Unredeemed Property [6550 - 6556] ( Chapter 8 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    To get a deed, the purchaser or assignee must ask the treasurer to send and serve notice to the property owner and must pay the required fees on time.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 8. Conveyance of Unredeemed Property [6550 - 6556] ( Chapter 8 added by Stats. 1941, Ch. 79. ) ## 6550. In order to obtain a deed, the purchaser of the property or his assignees shall, 60 days prior to the expiration of the time of redemption, or 60 days before the date of his application for a deed, request the treasurer to send a written notice by certified mail, postage prepaid, to the owner of the property purchased, stating his intention to apply for a deed to the property purchased. In addition, the treasurer shall have the notice described in this section served upon the property owner by a process server pursuant to Section 415.10 of the Code of Civil Procedure and verified pursuant to Section 2009 of that code. The term “owner”, as used in this section, is the name and address of the property owner as shown on the last equalized roll for taxes, and any person whose name appears as owner on the records of the county assessor’s office which the county will use to prepare the next assessor’s roll. However, if the owner of the property has not been personally served at the end of 60 days after posting the notice required by this section, and if reasonable diligence has been used to find and serve the owner, the notices mailed and posted pursuant to this section shall be deemed adequate service. In such a case, the notice requirements of this section shall be deemed complied with upon the execution of the treasurer of a certificate stating the nature of the efforts made to personally serve the owner and that the owner cannot, with reasonable diligence, be so served. At the time of making such request, the purchaser or his assignee shall pay to the teasurer the following sums: (i) For issuance of the notice and mailing the same by certified mail and for cost of preparation of the affidavit required by Section 6552, the sum of three dollars ($3). (ii) For search of the last equalized assessment roll to determine the name and address of the owner, as defined, the sum of three dollars ($3). (iii) For service of the notice and verification thereof. (iv) For posting the notice as required by this section, the fees provided by Sections 26725 and 26746 of the Government Code. The notice shall include all of subdivisions (a) to (f), inclusive, with subdivision (a) printed in at least 14-point boldface type. IMPORTANT FINAL NOTICE (a) Your property located at (address) was sold by the city (or county) treasurer on (date of sale) because you did not pay for ____ improvements made in your area. You can still save your property, but you must pay what you owe by ____. Contact the foreclosure clerk at the treasurer’s office at telephone number ____ to arrange for payment of this debt. You will receive no further notices regarding this matter. (b) That the property has been sold to satisfy the bond lien. (c) The date of sale. (d) The date, number, and series of the bond. (e) The amount then due. (f) The time when the right of redemption will expire, or when the purchaser will apply for a deed. The treasurer shall immediately, upon such request being made and payment of the required fees, send a copy of the notice addressed to the owner of the property purchased as shown on the last equalized roll for taxes, and any person whose name appears as owner on the records of the county assessor’s office which the county will use to prepare the next assessor’s roll. Such notice shall be mailed at least 60 days before the expiration of the time for redemption, or 60 days before the purchaser applies for a deed. The treasurer also shall post a copy of such notice in a conspicuous place upon the property, if a survey is not required to identify and locate the property. Any travel fees incurred in attempting to post such notice shall be charged in the same amount as is provided for an actual posting in Section 26746 of the Government Code. Such notice shall be posted at least 60 days before the expiration of the time for redemption. (Amended by Stats. 1978, Ch. 483.)
  66. 6551.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 8. Conveyance of Unredeemed Property [6550 - 6556] ( Chapter 8 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The property owner has a right to redeem the property under the stated conditions.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 8. Conveyance of Unredeemed Property [6550 - 6556] ( Chapter 8 added by Stats. 1941, Ch. 79. ) ## 6551. The owner of the property shall have the right of redemption until such notice is given and the deed applied for, upon the payment of the fees, penalties and costs as required, or if no deed is applied for, until four years after the date of the issuance of the certificate of sale at which time the certificate of sale would be conclusively presumed to be redeemed. (Amended by Stats. 1976, Ch. 17.)
  67. 6552.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 8. Conveyance of Unredeemed Property [6550 - 6556] ( Chapter 8 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The treasurer may not issue a deed for the property sold to the purchaser until an affidavit showing the required notices were given has been filed, and the treasurer must keep that affidavit with the office records.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 8. Conveyance of Unredeemed Property [6550 - 6556] ( Chapter 8 added by Stats. 1941, Ch. 79. ) ## 6552. No deed to the property sold shall be issued by the treasurer to the purchaser until the treasurer has filed for the record an affidavit showing that the required notices have been given. The affidavit shall be filed and preserved by the treasurer with other records kept by him in his office. (Amended by Stats. 1976, Ch. 17.)
  68. 6554.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 8. Conveyance of Unredeemed Property [6550 - 6556] ( Chapter 8 added by Stats. 1941, Ch. 79. )

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    If the property is not redeemed in time, the treasurer must issue a deed when the purchaser or assignee applies, and the treasurer may collect $7 for making the deed.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 8. Conveyance of Unredeemed Property [6550 - 6556] ( Chapter 8 added by Stats. 1941, Ch. 79. ) ## 6554. If the property is not redeemed within the time allowed the treasurer shall upon application of the purchaser or his assignee make a deed to the property, reciting in the deed substantially the matter contained in the certificate of sale, and that no person has redeemed the property during the time allowed for its redemption. The treasurer shall be entitled to receive seven dollars ($7) from the purchaser for making the deed. All money so received by the treasurer shall be deposited in the treasury for the use of the city after payment has been made therefrom for the acknowledgement of the deed. (Amended by Stats. 1971, Ch. 797.)
  69. 6555.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 8. Conveyance of Unredeemed Property [6550 - 6556] ( Chapter 8 added by Stats. 1941, Ch. 79. )

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    A duly acknowledged or proved treasurer’s deed gives the grantee title to the described land, except for listed liens and other encumbrances, and requires certain officials to cancel subordinate bonds or assessments in specified cases.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 8. Conveyance of Unredeemed Property [6550 - 6556] ( Chapter 8 added by Stats. 1941, Ch. 79. ) ## 6555. The deed of the treasurer, when duly acknowledged or proved, is primary evidence of the regularity of all proceedings theretofore had, and conveys to the grantee the absolute title to the lands described therein, as of the date of the expiration of the period for redemption, free of all encumbrances, except: (a) The lien for general taxes or ad valorem assessments in the nature of and collected as taxes levied by the state or county, city, special district or other local agency. (b) The lien of any special assessment or assessments the lien date of which is prior in time to the lien date of the assessment for which the deed is issued. (c) Easements constituting servitudes upon or burdens to said lands. (d) Water rights, the record title to which is held separately from the title to said lands. (e) Restrictions of record. If the treasurer of another city, as city is defined by Section 5005, has issued subordinate bonds, as defined by Section 5373, against the same property upon which the treasurer’s deed was issued, then the treasurer of the other city shall cancel the subordinate bonds and enter upon the bond register the notation “canceled by foreclosure of prior lien,” provided that he is notified of the issuance of the deed by the owner of the deed. If the superintendent of streets of another city, as city is defined in Section 5005, has issued subordinate assessments, as defined by Section 5373, against the same property upon which such treasurer’s deed was issued, then the superintendent of streets shall cancel the subordinate assessments and enter upon the assessment roll the notation “canceled by foreclosure of prior lien,” provided that he is notified of the issuance of the deed by the owner of the deed. If the treasurer has issued subordinate bonds, as defined by Section 5373, against the same property upon which the treasurer’s deed is issued, then the treasurer shall cancel the subordinate bonds, and enter upon the bond register the notation “canceled by foreclosure of prior lien.” If the superintendent of streets has issued subordinate assessments, as defined by Section 5373, against the same property upon which such treasurer’s deed is issued, then the superintendent of streets shall cancel the subordinate assessments and enter upon the assessment roll the notation “canceled by foreclosure of prior lien,” provided that he is notified of the issuance of the treasurer’s deed by either the treasurer or the owner of the deed. (Amended by Stats. 1968, Ch. 679.)
  70. 6556.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 8. Conveyance of Unredeemed Property [6550 - 6556] ( Chapter 8 added by Stats. 1941, Ch. 79. )

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    If the buyer, or someone taking over from the buyer, does not apply for and record the deed within 16 months after the certificate of sale is issued, the certificate of sale and deed are void.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 8. Conveyance of Unredeemed Property [6550 - 6556] ( Chapter 8 added by Stats. 1941, Ch. 79. ) ## 6556. Notwithstanding any other provision of law, if the purchaser of owner-occupied residential property at a sale under Section 6509, or an assignee or transferee of the purchaser, has not applied for the deed to the property and recorded the deed in the office of the county recorder in which the property lies, within 16 months of the date of issuance of the certificate of sale, the certificate of sale and the deed are void and neither the certificate of sale nor the deed shall have any legal effect. This section shall apply to sales held after the effective date of this section. (Added by Stats. 1982, Ch. 1443, Sec. 5. Effective September 27, 1982.)
  71. 6570.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 9. Contesting Validity of Sales and Deeds for Delinquency [6570 - 6572] ( Chapter 9 added by Stats. 1941, Ch. 79. )

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    The purchaser may send the sale certificate and required notice within 60 days after a delinquency sale, and challenges to the sale are time-limited after the notice is mailed.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 9. Contesting Validity of Sales and Deeds for Delinquency [6570 - 6572] ( Chapter 9 added by Stats. 1941, Ch. 79. ) ## 6570. Within 60 days after the sale of the property for delinquency, the purchaser may send to the person to whom the property is assessed for purposes of taxation as shown upon the last equalized assessment roll of the county in which the property lies, and to the person in whose name, on the date the sale is made, the legal title to the property appears by deed duly recorded in the office of the county recorder of the county in which the property lies, by registered mail and first-class mail, postage prepaid, a copy of the certificate of sale. Together with the copy of the certificate of sale, a notice shall be sent that is printed in at least 14-point boldface type in the following form: YOUR PROPERTY HAS BEEN SOLD Your property located at ____ has been sold by the treasurer’s office of the city (or county) for nonpayment of ____ improvement assessment. You have one year from the date this notice was mailed to contest the validity of the sale. If a copy of the certificate of sale is sent as provided in this section, no action, suit, or proceeding to set aside, cancel, or in any manner attack or question the validity of any sale for delinquency, or any proceedings prior thereto, shall be commenced or maintained by any person unless the same shall be commenced within one year after the date the above notice was mailed. After the year has expired, all persons shall be barred from commencing or prosecuting any such action, suit, or proceeding, and any and all persons shall be barred from asserting or maintaining in any action, suit, or proceeding that the sale, or any proceedings prior thereto, was invalid. (Amended by Stats. 1978, Ch. 483.)
  72. 6571.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 9. Contesting Validity of Sales and Deeds for Delinquency [6570 - 6572] ( Chapter 9 added by Stats. 1941, Ch. 79. )

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    Challenges to covered deeds or post-sale proceedings must be filed within 12 months, with special timing rules for owner-occupied residential property.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 9. Contesting Validity of Sales and Deeds for Delinquency [6570 - 6572] ( Chapter 9 added by Stats. 1941, Ch. 79. ) ## 6571. Any action, suit, or proceeding attacking or contesting the validity of any deed issued under the provisions of this division, or the validity of the proceedings subsequent to the issuance of the certificate of sale, shall be brought within 12 months after the issuance of the deed, and if the validity of the deed or of the proceedings is not contested within that 12 months’ period, it shall not be thereafter contested or questioned in any action, suit, or proceeding, except that an action, suit, or proceeding with respect to any deed of owner-occupied residential property may be brought within 12 months after discovery of the issuance of the deed or, for owner-occupied residential property sold between January 1, 1969, and January 1, 1979, within 12 months after the enactment of the amendments to this section made during the 1981–82 Regular Session of the Legislature. A defense to a proceeding pursuant to this section shall be that the current owner of record is a bona fide purchaser for value. The Legislature finds and declares that the court of appeal in Atkins v. Kessler, 97 Cal. App. 3d 784, held that under the former provisions of this division the statute of limitations in this section could not be raised against an owner in possession of residential real property during the entire period of delinquency and sale because due process was violated. It is therefore the intent of the Legislature that the amendments to this section made during the 1981–82 Regular Session of the Legislature shall be applied retrospectively with respect to any owners in possession of residential real property during the entire period of delinquency and at the time of the sale whose homes were sold pursuant to this act between January 1, 1969, and January 1, 1979. (Amended by Stats. 1982, Ch. 1443, Sec. 6. Effective September 27, 1982.)
  73. 6572.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 9. Contesting Validity of Sales and Deeds for Delinquency [6570 - 6572] ( Chapter 9 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    If a delinquency sale or deed is invalid, the assessment lien stays on the land and the land can be taken through more proceedings.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 9. Contesting Validity of Sales and Deeds for Delinquency [6570 - 6572] ( Chapter 9 added by Stats. 1941, Ch. 79. ) ## 6572. If any sale of lands for delinquency in the payment of principal or interest of any bond is held illegal or invalid, or any deed issued to the purchaser at any such sale is held illegal or invalid for any reason whatsoever, the lands described in the bond shall not be released from the lien of the assessment but shall be and remain subject to further proceedings for the enforcement of the assessment, and the further proceedings may include additional sales or the issuance of new deeds. In any event, however, the lien of the assessment shall continue only until a valid sale is had and a valid deed issued, or until the expiration of two years after such sale or deed is held illegal or invalid, whichever is sooner. (Amended by Stats. 1945, Ch. 354.)
  74. 660.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. General Provisions [660 - 661] ( Article 1 enacted by Stats. 1935, Ch. 29. )

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    This section defines “highway,” “encroachment,” and “special event” for this chapter.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. General Provisions [660 - 661] ( Article 1 enacted by Stats. 1935, Ch. 29. ) ## 660. As used in this chapter: (a) “Highway” includes all, or any part, of the entire width of the right-of-way of a state highway, whether or not the entire area is actually used for highway purposes. (b) “Encroachment” includes any tower, pole, pole line, pipe, pipe line, fence, billboard, stand or building, or any structure, object of any kind or character not particularly mentioned in this section, or special event, which is in, under, or over any portion of the highway. “Special event” means any street festival, sidewalk sale, community-sponsored activity, or community-approved activity. (Amended by Stats. 1987, Ch. 236, Sec. 1. Effective July 23, 1987.)
  75. 661.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. General Provisions [660 - 661] ( Article 1 enacted by Stats. 1935, Ch. 29. )

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    This chapter also applies to certain private corporations that are authorized to build or operate works or facilities in, under, or over a public highway, and it does not reduce the Public Utilities Commission’s powers and duties.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. General Provisions [660 - 661] ( Article 1 enacted by Stats. 1935, Ch. 29. ) ## 661. In addition to persons, public corporations, and districts specified in this chapter, this chapter shall apply to all private corporations authorized by law to establish or maintain any works or facilities in, under or over any public highway. This chapter shall not limit the powers and duties vested by law in the Public Utilities Commission of this State, and in the event of any conflict with regard to the powers and duties given the department in this chapter, those of the Public Utilities Commission shall prevail. (Amended by Stats. 1957, Ch. 52.)
  76. 6610.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. )

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    A bondholder with a delinquent bond payment may foreclose the bond lien, but only after required notice is mailed and the waiting period has passed.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. ) ## 6610. As a separate, distinct and cumulative remedy, the holder of any bond upon which any payment either upon the principal or of the interest has become delinquent may, if the city which initiated the proceedings is not a county, at any time after three months after the date it is provided by ordinance or charter of the city that taxes are due, or if a county initiated the proceedings or collects the taxes for the city at any time after four months next succeeding the fourth Monday of September, following the date of delinquency of principal or interest and prior to the expiration of four years after the due date of the last installment upon any bond or of the last principal coupon attached thereto, file and maintain an action to foreclose the lien of the bond and recover the amount due thereon. No action shall be commenced pursuant to this section until the expiration of 15 days after a notice containing the amount of the payment due, the date the payment is or was due, penalties which may accrue for failure to pay, and notice of the foreclosure action which may occur if payment is not made is mailed, postage prepaid and registered, by the bondholder, or his representative, to the owner of the property at his last known address as it appears on the tax rolls. (Amended by Stats. 1969, Ch. 1221.)
  77. 6611.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. )

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    After personal demand is served on the owner of the premises, suit may be brought only after 30 days if the bond debt is not paid; service costs may be recovered at summons-service rates.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. ) ## 6611. The action may be brought also at any time following the expiration of 30 days after the service of personal demand for payment upon the owner of the premises. Such demand shall be served in the manner provided by law for the service of a summons in a civil action. If the action is brought costs for the service of the demand shall be allowed in an amount equivalent to the fees prescribed by law for the service of summons. The demand shall be in substantially the following form: “Demand for Payment of Street Improvement Bond You are hereby notified that Bond No. ____ Series No. ____ for an improvement in the City (or County) of ____ is delinquent. Unless the amount of the unpaid principal on said bond together with interest and penalties is paid to the city (or county) treasurer on or before 30 days after the service on you of this demand, the date of such service being this ____ day of ____, 20__, the undersigned will institute suit to foreclose the lien of said bond in the manner prescribed by law.” (Amended by Stats. 2018, Ch. 198, Sec. 14. (AB 3246) Effective January 1, 2019.)
  78. 6612.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. )

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    The action must be filed in the superior court of the county where the proceedings were initiated; if the owner cannot be found with due diligence, summons may be served as prescribed by law.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. ) ## 6612. The action shall be brought in the superior court of the county in which the proceedings were initiated and if the owner of the lot or parcel of land covered by the bond can not with due diligence be found, the service of summons in such action may be had in the manner prescribed by law. (Added by Stats. 1941, Ch. 79.)
  79. 6613.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. )

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    A complaint in this bond-lien foreclosure action is sufficient if it includes the bond, payment allegations, and notice-mailing allegations; if personal demand was made, it must also say so.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. ) ## 6613. The complaint in the action shall be sufficient if it sets forth a true copy of the bond and makes appropriate allegations regarding the payments made upon the principal and interest of the bond and the mailing of the notice required pursuant to Section 6610. If personal demand for payment is made the complaint shall so allege. (Amended by Stats. 1969, Ch. 1221.)
  80. 6614.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. )

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    A bond plus supporting proof can serve as prima facie evidence of the plaintiff’s right to recover, but if a personal demand for payment was made, proof of personal service of that demand is required.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. ) ## 6614. The bond, together with proof, either orally by the treasurer or by a certificate signed by him showing the nonpayment of any of the principal or interest upon the bond, shall be prima facie evidence of the right of the plaintiff to recover in the action. If personal demand for payment was made, proof of personal service of the demand shall be required. (Added by Stats. 1941, Ch. 79.)
  81. 6615.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. )

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    The court may declare and enforce a lien on the land covered by the bond, order the property sold, calculate interest and penalties through judgment, and set a reasonable attorney’s fee.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. ) ## 6615. The court may adjudge and decree a lien against the lot or parcel of land covered by the bond and cause the premises to be sold as in other cases of the sale of real estate by the process of the court to satisfy and discharge the bond and lien, and the amount of interest and penalties due shall be calculated at the rates and in the manner specified in this part for such calculation of interest and penalties, and shall be calculated and allowed up to the date of judgment. The court having jurisdiction of the action shall also fix and allow a reasonable attorney’s fee for the prosecution of the action. (Added by Stats. 1941, Ch. 79.)
  82. 6616.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. )

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    The plaintiff may recover the actual cost of a title abstract or title search report if it was obtained in good faith to determine ownership and the required affidavit of payment is filed.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. ) ## 6616. The plaintiff in the action may also recover the actual cost of any abstract or report of search of title procured in good faith, in order to determine ownership, if it is made by a reputable abstracter or title company, if the abstract or report of search with an affidavit of payment is filed in the action. (Amended by Stats. 1991, Ch. 966, Sec. 6.)
  83. 6618.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    This action must be governed by this chapter and by other laws that do not conflict with it.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. ) ## 6618. The action shall be governed and regulated by the provisions of this chapter and by the other provisions of law which are not in conflict herewith. (Added by Stats. 1941, Ch. 79.)
  84. 6619.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. )

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    After notice of a bond-recovery action is filed with the treasurer, the treasurer may not accept bond payments or release/cancel the bond record without the owner’s written consent until the case is decided or dismissed.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. ) ## 6619. A written notice of the pendency of any action for recovery on a bond shall be filed with the treasurer. After the filing of such notice the treasurer shall not receive any money on account of the bond and shall have no authority to cancel the entries on the bond in the register or give a discharge of the bond without the written consent of the owner thereof until judgment has been rendered in the action or until it has been dismissed. Upon the entry of judgment or dismissal of the action the clerk of the court shall forthwith mail to the treasurer a certified copy of the judgment or other evidence sufficient to advise the treasurer of the judgment of the court in the action. (Amended by Stats. 2002, Ch. 784, Sec. 587. Effective January 1, 2003.)
  85. 6620.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. )

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    If a bond-recovery action is filed too early, the plaintiff cannot recover, and the defendant may recover reasonable attorney fees and taxable costs.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. ) ## 6620. If an action is brought for recovery on any bond prior to the time specified in this chapter, the plaintiff shall not recover in such action and the defendant shall be entitled to have and recover such attorney fees as the court deems reasonable, in addition to all taxable costs. (Added by Stats. 1941, Ch. 79.)
  86. 6621.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. )

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    If a bond is foreclosed under this chapter, the court decree must direct the clerk to deliver the bond and a memorandum to the city treasurer.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. ) ## 6621. Whenever a bond is foreclosed pursuant to this chapter, the decree of foreclosure shall direct the clerk of the court to deliver the bond sued upon to the treasurer of the city which issued said bond together with a memorandum setting forth the title and number of the action and the fact that the bond has been foreclosed. (Amended by Stats. 2002, Ch. 784, Sec. 588. Effective January 1, 2003.)
  87. 6622.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. )

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    The treasurer must cancel the bond on the records and give the court clerk a receipt in the stated form.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. ) ## 6622. The treasurer shall cancel the bond upon the records and deliver to the clerk of the court a receipt substantially in the following form: “Certificate of Cancellation of Street Improvement Bond Series (designating it), in the City (or County) of (naming it). $/100 No. I, ____, Treasurer of the City (or County) of ____ do hereby certify that I have received the above bond from the clerk of the Superior Court of ____ (naming county) in that certain foreclosure action entitled ____ vs. ____ No. ____, Superior Court of ____ County; and I have this day canceled said bond on my records, pursuant to the order of the court made in said case. Dated at _____, this _____ day of _____, 20__. Treasurer of the City (or County) of By Deputy” (Amended by Stats. 2002, Ch. 784, Sec. 589. Effective January 1, 2003.)
  88. 6623.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. )

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    The clerk of the court must enter the foreclosure judgment or decree when the certificate of cancellation is delivered.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 11. Foreclosure of Bond Lien [6610 - 6623] ( Chapter 11 added by Stats. 1941, Ch. 79. ) ## 6623. The clerk of the court shall enter the judgment or decree of foreclosure in the action upon the delivery of the certificate of cancellation. (Amended by Stats. 2002, Ch. 784, Sec. 590. Effective January 1, 2003.)
  89. 6630.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 12. Reinstatement of Bonds [6630 - 6632] ( Chapter 12 added by Stats. 1941, Ch. 79. )

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    A property owner or other interested person may ask the treasurer to reinstate a delinquent bond during the period after a sale/foreclosure action starts and before the property is sold.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 12. Reinstatement of Bonds [6630 - 6632] ( Chapter 12 added by Stats. 1941, Ch. 79. ) ## 6630. Notwithstanding any other provisions of this part, any person owning or having any interest in any property may at any time after commencement of an action or proceeding for sale or foreclosure pursuant to Chapter 6 (commencing with Section 6500) or Chapter 11 (commencing with Section 6610) of this part and before sale of that property to enforce the lien arising thereon for failure to make any payment of the principal or of the interest upon any bond which has become delinquent apply to the treasurer for reinstatement of the bond. As used in this part “commencement of an action or proceeding,” or variants thereof, means the date of filing with the county recorder of a notice of pendency of a sale or foreclosure pursuant to Part 3 (commencing with Section 3120) of Division 4.5 of this code or, if such notice of pendency is not required to be filed with the county recorder, (i) in the case of proceedings for a treasurer’s sale pursuant to Chapter 6 (commencing with Section 6500) of this part, the date of receipt by the treasurer of the written demand provided for by Section 6500, or (ii) in the case of a foreclosure action brought in the superior court pursuant to Chapter 11 (commencing with Section 6610) of this part, the date of filing the complaint with the clerk of court. (Amended by Stats. 1967, Ch. 790.)
  90. 6631.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 12. Reinstatement of Bonds [6630 - 6632] ( Chapter 12 added by Stats. 1941, Ch. 79. )

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    The treasurer must reinstate a delinquent bond after foreclosure or sale proceedings begin, but only when the delinquent principal and interest, listed penalties, costs, and the applicable reinstatement fee are paid.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 12. Reinstatement of Bonds [6630 - 6632] ( Chapter 12 added by Stats. 1941, Ch. 79. ) ## 6631. Notwithstanding the provisions of Section 6619, the treasurer shall reinstate any delinquent bond upon which an action or proceeding for sale or foreclosure has been commenced, upon the payment to him of all principal and interest coupons delinquent at the time of such reinstatement together with: (a) All penalties imposed pursuant to Section 6442. (b) If the proceedings are pursuant to Chapter 6 (commencing with Section 6500) of this part, the expenses of publication of notice of sale paid or incurred by the treasurer, the cost of title search if incurred, the fees for filing with the county recorder a notice of pendency of sale pursuant to Part 3 (commencing with Section 3120) of Division 4.5, and the sum of three dollars ($3) for ascertainment by the treasurer of the name and address of the property owner. (c) If the proceedings are pursuant to Chapter 11 (commencing with Section 6610) of this part, the costs of suit, the cost of abstract or report of search of title, authorized attorneys fees, and fees for filing with the county recorder a notice of pendency of foreclosure pursuant to Part 3 (commencing with Section 3120) of Division 4.5. (d) A reinstatement fee determined as follows: If the action or proceeding for sale or foreclosure was commenced within the following periods, measured from the date of the first delinquent principal or interest coupon: 1. Less than six months, the reinstatement fee shall be five dollars ($5); 2. Six months but less than a year, the reinstatement fee shall be ten dollars ($10); 3. One year or more, and (i) The unpaid principal is less than one hundred dollars ($100), the reinstatement fee shall be fifteen dollars ($15); (ii) The unpaid principal is one hundred dollars ($100) or more, the reinstatement fee shall be twenty dollars ($20). (Amended by Stats. 1978, Ch. 483.)
  91. 6632.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 12. Reinstatement of Bonds [6630 - 6632] ( Chapter 12 added by Stats. 1941, Ch. 79. )

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    After reinstatement payments are received, the treasurer must mark the bond record “reinstated” and add the date. The bond holder is entitled to the reinstatement payments, with stated adjustments and exceptions, and the reinstated bond keeps the same status and rights as the original.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 12. Reinstatement of Bonds [6630 - 6632] ( Chapter 12 added by Stats. 1941, Ch. 79. ) ## 6632. The holder of any bond so reinstated shall be entitled to all reinstatement payments made pursuant to Section 6631, adjusted for any difference between the estimated expenses of publication of the notice of sale and the actual expenses paid or incurred by the treasurer for such publication, and excepting penalties, if any, required to be retained by the treasurer pursuant to Section 6442. Upon receiving the reinstatement payments the treasurer shall enter on the record of the bond the word “reinstated,” giving the date thereof. Any bond so reinstated shall have the same effect and status as the original bond, with the same rights as to lien, payments, and foreclosure. (Amended by Stats. 1967, Ch. 790.)
  92. 6640.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 13. Refunding of Bonds [6640- 6640.] ( Chapter 13 added by Stats. 1985, Ch. 1332, Sec. 6. )

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    Bonds issued under this part may be refunded using the procedures in Division 11.5, starting with Section 9500.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 13. Refunding of Bonds [6640- 6640.] ( Chapter 13 added by Stats. 1985, Ch. 1332, Sec. 6. ) ## 6640. Bonds issued pursuant to this part may be refunded pursuant to the procedures in Division 11.5 (commencing with Section 9500). (Added by Stats. 1985, Ch. 1332, Sec. 6. Effective October 1, 1985.)
  93. 670.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    The department may issue permits for certain activities on state highways, but unpermitted acts are a misdemeanor.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 670. (a) The department may issue written permits, as provided in this chapter, authorizing the permittee to do any of the following acts: (1) Make an opening or excavation for any purpose in any state highway. (2) Place, change, or renew an encroachment. (3) Place or display in, under, or over any state highway any advertising sign or device. Any advertising sign or device placed or displayed in violation of this section is a public nuisance and the department may immediately remove it. This section does not prohibit the posting of any notice in the manner required by law or by the order of any court. (4) Plant, remove, cut, cut down, injure, or destroy any tree, shrub, plant, or flower growing within any state highway. However, the department shall not issue a permit for, or take any other action to accomplish, the destruction, removal, or topping of any tree, unless the tree is dead or diseased, for the purpose of improving or enhancing the view from the highway of an advertising sign or device or any commercial activity, unless, for any project whose cost is more than five hundred dollars ($500), the permittee has obtained consent from the city or county in which the tree is located. Nothing in this paragraph limits the department’s authority to modify or deny any permittee’s request. If the city or county does not respond within 30 days to a request for a permit pursuant to this paragraph, the city or county is deemed to have given consent to the project. (5) Install or remove tire chains upon motor vehicles for compensation on any state highway at locations designated in the permit, upon any terms and conditions relating to the safe and orderly movement of traffic that the department finds necessary. The department may issue sufficient permits for the installation or removal of tire chains that it finds necessary or desirable to accommodate the demand for those services consistent with the maximum convenience and safety to traffic. The department, in issuing any permit for the installation or removal of tire chains, shall assume no responsibility for the competence or reliability of the permittee in performing those services. (b) Any person who does any act specified in this section without a permit is guilty of a misdemeanor. (Amended by Stats. 1992, Ch. 1241, Sec. 4.5. Effective January 1, 1993.)
  94. 670.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    The department may issue a permit for adjacent or nearby property owners or developers to work on a state highway, but only under stated conditions.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 670.1. (a) The department may issue a permit to the owner or developer of property adjacent to or near a state highway to construct, alter, repair, or improve any portion of the highway for the purpose of improving local traffic access, if the improvements to the highway are required as part of, or as a condition to, the development of property and the improvements are accepted by the department. (b) The permit may be issued only if the work within the highway right-of-way is to be performed in accordance with plans and specifications approved by the department and the department reserves the right to inspect and accept the work as complying with the approved plans and specifications. (c) All road, bridge, street lighting, or installation of signal work performed under a permit issued pursuant to this section for acceptance into the state highway system, except work performed solely to allow private encroachments onto the state highway or for utility or drainage encroachments within the state highway, are public works for purposes of Part 7 (commencing with Section 1720) of Division 2 of the Labor Code. (Added by Stats. 1988, Ch. 1106, Sec. 5.)
  95. 670.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    Certain flags may be displayed on eligible sidewalks or as part of a gateway monument if the installation, maintenance, and flagholder rules are followed.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 670.5. (a) The Flag of the United States of America and the Flag of the State of California may be displayed on a sidewalk located in or abutting on a state highway situated within a city, if the type of flagholder and the method of its installation and maintenance are not in violation of the department’s rules. (b) (1) A city or county may display the Flag of the United States of America or the Flag of the State of California, or both, as part of a gateway monument if the flags are maintained by the city or county. (2) As used in this subdivision, a “gateway monument” means any freestanding structure or sign, or nonintegral or nonrequired highway feature, constructed within the state’s right-of-way, that communicates the name of the city or county. (Amended by Stats. 2017, Ch. 201, Sec. 1. (AB 866) Effective January 1, 2018.)
  96. 671.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    Acts done under a written permit must follow this chapter and the permit’s terms and conditions.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 671. Any act done under the authority of a written permit, issued pursuant to the provisions of this chapter, shall be done in accordance with the applicable provisions of this chapter, and the terms and conditions of such permit. (Enacted by Stats. 1935, Ch. 29.)
  97. 671.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    The department may set a permit fee schedule and charge permit fees, but it cannot charge such fees to public corporations.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 671.1. The department may establish a fee schedule and charge a fee for the issuance of permits pursuant to the provisions of this chapter, except that no such fee shall be charged by the department to any public corporation. The fee schedule established by the department shall not produce a total estimated revenue in excess of the estimated total cost to the department for administering the provisions of this chapter, excluding the cost of issuing permits exempted by statute or regulation from the payment of fees. Funds collected pursuant to this section shall be deposited in the State Highway Account in the State Transportation Fund. (Added by Stats. 1979, Ch. 733.)
  98. 671.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    The department must process encroachment permit applications within set deadlines, give written reasons when applications are incomplete or denied, and provide an appeal process.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 671.5. (a) The department shall either approve or deny an application from an applicant for an encroachment permit within 60 days of receiving a completed application, as determined by the department. An application for an encroachment permit is complete when all other statutory requirements, including the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), have been complied with. The department’s failure to notify the applicant within that 60-day period that the permit is denied shall be deemed to constitute approval of the permit. Thereafter, upon notifying the department, the applicant may act in accordance with its permit application, as if the permit had been approved. (b) All of the following shall apply to the department’s review of an application for an encroachment permit for a broadband facility: (1) The department shall specify in writing all permit application criteria. It is the intent of the Legislature to ensure a streamlined, predictable, and expeditious process by which the department reviews broadband facility permit applications in order to achieve the rapid deployment of broadband facilities on highways. (2) Within 30 days after an application for an encroachment permit for a broadband facility is submitted, the department shall notify the applicant in writing whether the permit application is deemed complete. If the department does not notify the applicant within that 30-day period that the application is incomplete, the failure to notify shall be deemed to constitute a finding that the permit application is complete. (3) If the department deems a permit application incomplete, the department shall do all of the following: (A) At the time of notifying the applicant that the application is incomplete, furnish to the applicant a detailed explanation why the application is incomplete, with reference to the specific application criteria that the application does not meet. (B) Identify all supplemental information necessary to complete the application. (C) In a timely manner and no later than 14 days after a meeting is requested by the applicant, meet with the applicant to discuss any outstanding supplemental information necessary to complete the application. The department shall not be required to participate in more than three individual meetings with the applicant and shall not be required to meet in excess of four hours for each permit application. (D) Provide the applicant with no less than 30 days to resubmit its application with the supplemental information that the department identified in the notice. The applicant’s failure to respond with additional information during that period shall be deemed to constitute a withdrawal of the application. (4) Within 30 days after receiving supplemental information from an applicant pursuant to paragraph (3), the department shall approve or deny the application. (c) If the department denies an application for an encroachment permit, the department shall, at the time of notifying the applicant of the denial, furnish to the applicant a detailed explanation of the reason for the denial. (d) The department shall adopt regulations prescribing procedures for an applicant to appeal to the director for a final determination of the department’s denial of an application. The appeal shall be made in writing to the director. There shall be a final written determination by the director within 60 calendar days after receipt of the applicant’s written appeal. The adopted regulations shall require the appellant to pay to the department a fee of not more than 50 percent of the estimated administrative cost to the department of conducting the appeal. (e) This section does not preclude an applicant and the department from mutually agreeing to an extension of any time limit provided by this section. (f) (1) On or before January 1, 2027, the department shall develop and adopt a process for project intake, project evaluation, and encroachment permit review for complete streets facilities, including pedestrian, bicycle, and transit priority facilities, that are sponsored by a local jurisdiction or a transit agency. The department shall design this process to enable the department to comply with subdivision (a). (2) The department shall report annually to the commission regarding project applications submitted pursuant to the process adopted pursuant to paragraph (1). The report shall include, but not be limited to, all of the following information: (A) The number of completed applications submitted. (B) The number of encroachment permits issued. (C) The number of days required to process each application. (3) The department shall post the report described in paragraph (2) on the department’s internet website. (4) The department shall designate an encroachment permit manager in each district to ensure that applications for complete streets facilities are reviewed through the process adopted pursuant to paragraph (1). The encroachment permit manager shall have expertise in bicycle, pedestrian, and transit priority facilities. (Amended by Stats. 2024, Ch. 630, Sec. 7. (SB 960) Effective January 1, 2025.)
  99. 672.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    A permit under this chapter may require the permittee to pay the full cost of restoring the highway and may include other work conditions set by the department.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 672. Any permit issued under the provisions of this chapter may provide that the permittee will pay the entire expense of replacing the highway in as good condition as before, and may provide such other conditions as to the location and the manner in which the work is to be done as the department finds necessary for the protection of the highway. (Enacted by Stats. 1935, Ch. 29.)
  100. 673.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    Some highway permits require the permittee to move or remove an encroachment at the permittee’s own expense if future highway improvements require it, and to start work when the department gives written notice.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 673. (a) Any permit issued to a permittee of the class specified in Section 678 shall contain a provision that in the event the future improvement of the highway necessitates the relocation or removal of the encroachment the permittee will relocate or remove the same at the permittee’s sole expense. In that event, the department shall serve on the permittee its written demand specifying the place of relocation, or that the encroachment is to be removed from the highway, and specifying a reasonable time within which the work of relocation is to be commenced. The permittee shall commence the relocation or removal within the time specified in that demand and thereafter diligently prosecute until completion. (b) All permits, other than those issued to permittees of the class specified in Section 678 or the class specified in Section 680, are revocable on five days’ notice and the encroachment shall be removed or relocated as may be specified by the department in the notice revoking the permit and within the time specified by the department, which time shall not be less than five days, unless the permit so provides. (c) The department may waive the requirement of subdivision (a) that the permittee bear the sole expense of relocating or removing an encroachment, if the encroachment consists of a track or roadway that serves as an exclusive public mass transit guideway owned, operated, and maintained by a publicly owned mass transit authority. (Amended by Stats. 2001, Ch. 152, Sec. 1. Effective January 1, 2002.)
  101. 674.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    The department may supervise work done under a permit, and if it does, the permittee must pay the reasonable supervision cost; public corporations cannot be charged that cost.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 674. The department may, but is not required to, supervise any work done under any permit, issued under the provisions of this chapter in which event the permittee shall, in addition to any fees charged pursuant to Section 671.1, pay the reasonable cost of such supervision to the department, but no cost of supervision shall be charged by the department to any public corporation. (Amended by Stats. 1979, Ch. 733.)
  102. 675.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    In emergencies requiring immediate action, permittees may excavate state highways for repairs, but they must promptly notify the department’s representative and restore the highway immediately at their own expense.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 675. (a) Permittees may excavate openings in state highways to make repairs in cases of emergency requiring immediate action. In such cases, the appropriate representative of the department shall be promptly notified of any such action, and such permittee, at his own expense, shall immediately replace the state highway in as good condition as before such excavation. (b) A city or public corporation supplying water service to its inhabitants may, within its corporate limits, excavate a state highway without a permit in cases of emergency requiring immediate action. In such cases, the state highway shall, at the expense of the city or public corporation, be replaced in as good condition as before such excavation. (Amended by Stats. 1980, Ch. 777, Sec. 70.)
  103. 6750.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [6750 - 6751] ( Chapter 1 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    For work under Part 6, Part 3 protest provisions do not apply, except that Part 3 provisions that are not inconsistent with Part 6 still apply.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [6750 - 6751] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 6750. None of the provisions of Part 3 of this division relating to protests against the work shall apply to any work undertaken pursuant to the provisions of this part. All of the provisions of Part 3 of this division which are not inconsistent with the provisions of this part shall apply hereto. (Added by Stats. 1941, Ch. 79.)
  104. 6751.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [6750 - 6751] ( Chapter 1 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    This section defines “roadbed” for this part of the code.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [6750 - 6751] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 6751. As used in this part “roadbed” includes that portion of any street used by the track of any railroad between the rails and for two feet on each side thereof and between the tracks if there is more than one, and includes the rails of such track or tracks. (Added by Stats. 1941, Ch. 79.)
  105. 676.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    The department may delegate some of its powers, duties, and authority to a city for state highways in that city, but not approval powers, and it may later withdraw that delegation.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 676. The department may delegate to any city any of the department’s powers, duties, and authority, other than those of approval, under this chapter as to any State highway, or any part thereof, within such city, and may withdraw any such delegation of authority. (Enacted by Stats. 1935, Ch. 29.)
  106. 6760.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. New Improvements [6760 - 6772] ( Chapter 2 added by Stats. 1941, Ch. 79. )

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    If a railroad track remains on a street after an improvement order excepts the roadbed, the track owner must improve the roadbed to match the ordered work unless the legislative body resolves otherwise.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. New Improvements [6760 - 6772] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 6760. Whenever any railroad track of any description exists upon any streets upon which the legislative body has ordered an improvement to be made, and has excepted the roadbed therefrom, the order, unless the legislative body by resolution has declared to the contrary, shall constitute a requirement that the person having the railroad track improve the roadbed with improvements similar in all respects to, and with the same materials, under the same specifications and superintendence, and to the some inspection and satisfaction as, those ordered to be performed by the order ordering the work. (Added by Stats. 1986, Ch. 195, Sec. 152.)
  107. 6761.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. New Improvements [6760 - 6772] ( Chapter 2 added by Stats. 1941, Ch. 79. )

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    The legislative body may, by ordinance, require increased concrete depth for railway roadbeds if it decides that method is necessary.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. New Improvements [6760 - 6772] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 6761. The legislative body may by ordinance require increased depth of concrete between to the full depth of or under the ties, or both, if the legislative body in its judgment decides that this method of construction is necessary. (Added by Stats. 1941, Ch. 79.)
  108. 6762.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. New Improvements [6760 - 6772] ( Chapter 2 added by Stats. 1941, Ch. 79. )

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    The legislative body may require a person with railroad tracks on a street to pave alongside the rails with special brick or paving blocks.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. New Improvements [6760 - 6772] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 6762. The legislative body may also require by ordinance or otherwise, any person having railroad track or tracks on the street to pave alongside of and contiguous to its rails with special types of brick or paving blocks. (Added by Stats. 1941, Ch. 79.)
  109. 6763.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. New Improvements [6760 - 6772] ( Chapter 2 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The resolution of intention and the notice of proposed improvement count as notice to the person about the intention to order the improvement.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. New Improvements [6760 - 6772] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 6763. The resolution of intention and notice of proposed improvement shall be notice to the person of the intention to order the improvement. (Added by Stats. 1941, Ch. 79.)
  110. 6764.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. New Improvements [6760 - 6772] ( Chapter 2 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    If the track owner chooses to do the improvement work itself, it must notify the superintendent of streets in writing within 10 days after the notice of award is first published.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. New Improvements [6760 - 6772] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 6764. When the legislative body acquires jurisdiction to order the improvement to be made, the person having the track on the streets to be improved shall notify, in writing, the superintendent of streets, if the person elects to enter upon the direct performance of the work at its own charge and expense. The notice shall be delivered to the superintendent of streets within 10 days after the first publication of the notice of award of contract. The omission or neglect to make the election makes the superintendent of streets the agent of the owner of the track, with authority to enter into a contract in accordance with Section 20852 of the Public Contract Code for making the improvements. (Added by Stats. 1986, Ch. 195, Sec. 153.)
  111. 677.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    Before granting a permit, the department may require the applicant to file a satisfactory bond.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 677. Before granting a permit under any provision of this chapter, the department may require the applicant to file with the department a satisfactory bond payable to the people of the State of California in such amount as the department deems sufficient, conditioned on the proper compliance by the permittee with the provisions of this article. (Enacted by Stats. 1935, Ch. 29.)
  112. 6772.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. New Improvements [6760 - 6772] ( Chapter 2 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The legislative body may, by ordinance, set and enforce extra rules and penalties needed to require improvements on street sections occupied by railroad tracks.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. New Improvements [6760 - 6772] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 6772. The legislative body, by ordinance, may prescribe and enforce additional regulations and penalties that it deems necessary to compel the improvement in accordance with this part of any portion of any street which is occupied by a railroad track. (Added by Stats. 1986, Ch. 195, Sec. 154.)
  113. 678.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    Certain local governmental applicants are entitled to a permit for works in, under, or over a public highway, and the department may not deny the permit application. A bond is generally not required, except that the department may require one up to $20,000 if the applicant previously failed to comply with this article or an earlier permit.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 678. Except as otherwise provided in this section, such a bond shall not be required of any county, city, public corporation or political subdivision which is authorized by law to establish or maintain any works or facilities in, under or over any public highway, nor shall the application of any such governmental unit for a permit be denied. Every such applicant is entitled as a matter of right to a permit, but is otherwise subject to the provisions of this article and to all reasonable conditions and provisions made by the department in any such permit. The department may require of any such applicant a bond in a sum not to exceed twenty thousand dollars, if such applicant has in fact prior to such application failed to comply with the provisions of this article or with the provisions of a previous permit. (Enacted by Stats. 1935, Ch. 29.)
  114. 6780.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Repairs and Improvements to Street Standards [6780 - 6794] ( Heading of Chapter 3 added by Stats. 1989, Ch. 1360, Sec. 150. )

    Verify source ↗

    A legislative body may, by resolution, order a railroad-track owner to repair or regrade a roadbed when the track runs along a paved, macadamized, graveled, capped, or oiled street and the roadbed is not properly matched or is otherwise out of repair.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Repairs and Improvements to Street Standards [6780 - 6794] ( Heading of Chapter 3 added by Stats. 1989, Ch. 1360, Sec. 150. ) ## 6780. Whenever any railroad track of any description exists upon any street which has been paved, macadamized, graveled, capped, or oiled either for the whole, or any portion of, the width of the roadway thereof along or near the line of the railroad track, and the roadbed thereof has not been improved similarly in all respects to and with the same materials as the street along the line of the track; or where any portion of the roadbed, whether so improved or not is out of repair or is not on the official grade of the street or has small hummocks or ridges or loose rock upon or along the roadbed or the materials composing the roadbed next to the rails of the track are not flush with the top of the rails or the sides thereof, the legislative body may, by resolution, require and order the person having or owning the railroad track to improve the roadbed thereof by making repairs or by bringing the roadbed to the official grade or removing the hummocks or ridges or loose rock upon or along the roadbed or making the roadbed and the materials thereof flush with the top or sides of the rails of the track. (Added by Stats. 1986, Ch. 195, Sec. 155.)
  115. 6781.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Repairs and Improvements to Street Standards [6780 - 6794] ( Heading of Chapter 3 added by Stats. 1989, Ch. 1360, Sec. 150. )

    Verify source ↗

    The legislative body may require and order the work described in a resolution to be done in the manner stated in that resolution.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Repairs and Improvements to Street Standards [6780 - 6794] ( Heading of Chapter 3 added by Stats. 1989, Ch. 1360, Sec. 150. ) ## 6781. The legislative body may require and order any or all of the work designated in the resolution to be done in the manner designated therein. (Added by Stats. 1986, Ch. 195, Sec. 156.)
  116. 6782.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Repairs and Improvements to Street Standards [6780 - 6794] ( Heading of Chapter 3 added by Stats. 1989, Ch. 1360, Sec. 150. )

    Verify source ↗

    The legislative body may, by resolution, require any person to pave alongside and next to its rails with special brick, paving blocks, or other material.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Repairs and Improvements to Street Standards [6780 - 6794] ( Heading of Chapter 3 added by Stats. 1989, Ch. 1360, Sec. 150. ) ## 6782. The legislative body may also require, by resolution, any person to pave alongside of, and contiguous to, its rails with special type of brick or paving blocks or other material. (Added by Stats. 1986, Ch. 195, Sec. 157.)
  117. 6783.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Repairs and Improvements to Street Standards [6780 - 6794] ( Heading of Chapter 3 added by Stats. 1989, Ch. 1360, Sec. 150. )

    Verify source ↗

    A resolution ordering the work must be personally served on the railroad track owner or possessor, and it may also be served on that person’s agent, representative, or officer.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Repairs and Improvements to Street Standards [6780 - 6794] ( Heading of Chapter 3 added by Stats. 1989, Ch. 1360, Sec. 150. ) ## 6783. The resolution to require and order the work shall be personally served upon the person having or owning the railroad track, or service thereof may be made upon any agent, representative, or officer of that person. When served, the resolution is notice to that person of the intention to order the work designated in the resolution. (Added by Stats. 1986, Ch. 195, Sec. 158.)
  118. 6784.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Repairs and Improvements to Street Standards [6780 - 6794] ( Heading of Chapter 3 added by Stats. 1989, Ch. 1360, Sec. 150. )

    Verify source ↗

    A person served with the resolution must give written notice to the city superintendent of streets if they choose to do the work themselves at their own expense.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Repairs and Improvements to Street Standards [6780 - 6794] ( Heading of Chapter 3 added by Stats. 1989, Ch. 1360, Sec. 150. ) ## 6784. The person served shall notify, in writing, the superintendent of streets of the city where the work is to be done if the person elects to enter upon the direct performance of the work at his or her own charge or expense. The notice shall be delivered to the superintendent of streets within 10 days after the service of the resolution requiring the work. (Added by Stats. 1986, Ch. 195, Sec. 159.)
  119. 6785.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Repairs and Improvements to Street Standards [6780 - 6794] ( Heading of Chapter 3 added by Stats. 1989, Ch. 1360, Sec. 150. )

    Verify source ↗

    If the owner does not make the election by delivering the notice, the superintendent of streets may contract for the work and must advertise for bids, with at least five days for receiving bids from first publication.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Repairs and Improvements to Street Standards [6780 - 6794] ( Heading of Chapter 3 added by Stats. 1989, Ch. 1360, Sec. 150. ) ## 6785. The omission or neglect to make the election by delivering the notice makes the superintendent of streets the agent of the owner of the track with the authority to enter into a contract made in accordance with this chapter and the Public Contract Code for doing the work. The superintendent of streets shall thereupon be vested with authority to, and he or she shall, advertise for bids for the work and fix in the notice the time for receiving bids which shall be not less than five days from the first publication of the notice. (Added by Stats. 1986, Ch. 195, Sec. 160.)
  120. 679.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    Certain cities and water districts are entitled to an annually renewable blanket permit for specific work in state highways, and the department may revoke it for noncompliance.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 679. Any city, municipal utility district, municipal water district or metropolitan water district is entitled to a blanket permit, renewable annually, for the installation of its service connections and for ordinary maintenance of its facilities located or installed in State highways; but the department may revoke any such blanket permit if the permittee fails to comply with the provisions of this article. When any such permit is revoked in a proper case such municipal utility district, municipal water district or metropolitan water district is entitled to a permit only on furnishing a bond as provided in section 677. (Enacted by Stats. 1935, Ch. 29.)
  121. 6794.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Repairs and Improvements to Street Standards [6780 - 6794] ( Heading of Chapter 3 added by Stats. 1989, Ch. 1360, Sec. 150. )

    Verify source ↗

    The legislative body may, by ordinance, set and enforce extra regulations and penalties needed to make the chapter’s work happen on street segments occupied by railroad tracks.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 6. IMPROVEMENT OF RAILWAY ROADBEDS [6750 - 6794] ( Part 6 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Repairs and Improvements to Street Standards [6780 - 6794] ( Heading of Chapter 3 added by Stats. 1989, Ch. 1360, Sec. 150. ) ## 6794. The legislative body, by ordinance, may prescribe and enforce additional regulations and penalties that it deems necessary to compel the doing of the work as provided in this chapter on any portion of any street occupied by any railroad track. (Added by Stats. 1986, Ch. 195, Sec. 161.)
  122. 680.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    The department may require relocation of structures on a state highway and can enforce franchise repair obligations.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 680. Whenever a franchise is granted by any county or city in any public highway which has been or is subsequently constituted a state highway, the department may enforce any obligations of the grantee or holder of the franchise with respect to the repair of the highway. The department may require any person who has placed and maintained any pole, pole line, pipe, pipeline, conduit, street railroad tracks, or other structures or facilities upon any state highway, whether under that or any franchise, to move it at his or her own cost and expense to such different location in the highway as is specified in a written demand of the department, whenever necessary to insure the safety of the traveling public or to permit the improvement of the highway. However, no such change of location shall be required for a temporary purpose. The department shall specify in the demand a reasonable time within which the work of relocation shall be commenced and the grantee or owner shall commence the relocation within the time specified in the demand and thereafter diligently prosecute it to completion. In case the owner fails to comply with any such demand, the encroachments specified in the demand become subject to Article 3 (commencing with Section 720), except that no further notice is required. (Amended by Stats. 1983, Ch. 142, Sec. 156.)
  123. 680.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    The department and certain utilities may make contracts to allocate responsibilities and costs for removing, relocating, or repairing facilities when needed to accommodate non-freeway state highways.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 680.5. The department and any utility as defined in Section 700 may enter into a contract for or apportioning the obligations and costs to be borne by each party for the removal, relocation or repair of facilities whenever necessary to accommodate any or all state highways which are not freeways, to the same extent and in the same manner as is authorized for state freeways in Section 707.5. (Added by Stats. 1955, Ch. 98.)
  124. 681.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    If a county or city granted a franchise on a public highway that became a state highway, the county or city keeps the grantor’s rights under that franchise, including tolls, charges, and payments, except for rights already transferred to the department under section 680.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 681. Whenever a franchise shall have been granted by any county or city in any public highway heretofore or hereafter constituted a State highway, all of the rights of the grantor under such franchise, including the right to collect and receive tolls, charges or payments thereunder other than the rights transferred to the department by section 680, are reserved to such county or city. (Added by Stats. 1935, Ch. 631.)
  125. 682.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    Every city and county has power to grant franchises for privileges on state highways within its boundaries, subject to the stated conditions and limitations.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 682. Every city and county shall have power to grant franchises authorizing the exercise of any privilege in, along, across, under, through, over, and upon any state highway, or portion thereof, within its boundaries to the extent and in the manner that it shall have power to grant franchises authorizing the exercise of such privilege in, over, and upon city streets, or county highways, as the case may be, subject to the conditions and limitations provided in Sections 682 to 695, inclusive. (Amended by Stats. 1972, Ch. 708.)
  126. 682.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    The department may issue highway permits for certain cities, counties, and community-based nonprofit corporations, with traffic-safety conditions and a limit of four permits per same activity and location per calendar year.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 682.5. (a) Notwithstanding Section 731, the department may issue permits to counties and cities for the use of highways within their boundaries and to community-based nonprofit corporations for special events upon terms and conditions relating to the safe and orderly movement of traffic that the department finds necessary. A city or county or a community-based nonprofit corporation issued a permit may allow or conduct vending on or adjacent to the highway immediately preceding, during, or immediately following the permitted special event in accordance with the terms and conditions specified by the department in the permit. Not more than four permits for the same activity at the same location shall be issued to any city or county or community-based nonprofit corporation in any calendar year. No permit shall be issued to a community-based nonprofit corporation unless that corporation has been issued an acknowledgment by the city or county within which the special event is proposed to be conducted. Neither the department, in issuing permits for the use of highways, nor the city or county, in issuing acknowledgments, shall be responsible for the conduct or operation of the permitted activity and shall require the permit applicant to agree to indemnify and hold harmless the state and the city or county against any and all claims arising out of any activity for which the permit is issued. (b) As used in this section,“community-based nonprofit corporation” means a corporation formed under the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of the Corporations Code) having an office located within the county within which the special event is to be held. (c) As used in this section, “acknowledgment” means the issuance by a city or county to a community-based nonprofit corporation of a special event permit, road closure or detour permit, or letter of permission authorizing the special event for which a permit from the department is sought. (Amended by Stats. 1992, Ch. 17, Sec. 1. Effective January 1, 1993.)
  127. 682.7.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    The department must make certain event permits require equal prize compensation across gendered categories, and it may not approve a permit if that condition is not met.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 682.7. (a) As used in this section: (1) “Event” means a competition event that encroaches a state highway. (2) “Prize compensation” includes prize or purse money, other prizes, goods, or other compensation. (b) The department shall require as a condition of a permit for any event that awards prize compensation to competitors in gendered categories, for any participant level that receives prize compensation, that the prize compensation for each gendered category be identical at each participant level. The department shall not approve a permit for an event that does not comply with this condition. (Added by Stats. 2019, Ch. 276, Sec. 5. (AB 467) Effective January 1, 2020.)
  128. 683.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    A franchise for a freeway state highway cannot be granted without the department’s prior written approval, except for crossings under Section 685.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 683. No franchise of any kind shall be granted in respect to any State highway or portion thereof which has been established as a freeway pursuant to the provisions of this code without the prior approval in writing of the department, except for crossings as provided in Section 685. (Added by Stats. 1945, Ch. 977.)
  129. 684.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    A franchise for street or railroad tracks on a state highway cannot be granted without the department’s prior written approval, except for crossings covered by Section 685.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 684. No franchise shall be granted for the installation of street or other railroad tracks or the operation of street railroads or other railroads on any State highway without the prior approval in writing of the department except for crossings as provided in Section 685. (Added by Stats. 1945, Ch. 977.)
  130. 685.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    If a franchise is granted for a privilege in a city street or county highway, department approval is not required for intersections, and the franchise may cross the common area of the intersection without that approval.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 685. In case a franchise is granted for the exercise of a privilege in a city street or county highway, approval of the department shall not be required in respect to intersections. Franchises may be granted extending across the common area of the intersection without any such approval. In cases where the grades of the state highway and the city street or county highway are separated, the franchise shall be exercised only on the city street or county highway. (Amended by Stats. 1972, Ch. 708.)
  131. 686.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    The department must approve franchises submitted under Sections 683 or 684 unless it finds the proposed use would conflict with the primary use of the freeway or other state highway.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 686. The department shall approve any franchise submitted for approval pursuant to Section 683 or 684 unless the department finds on the facts of the particular case that the exercise of the privilege proposed to be granted is incompatible with the primary use of the freeway or other State highway for vehicular traffic or with its improvement to serve its primary use. (Added by Stats. 1945, Ch. 977.)
  132. 687.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    Franchises may be granted separately for a state highway, a portion of a state highway, or for both state highways and city streets or county highways.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 687. Franchises may be granted under this article separately as to any state highway, or portion thereof, or in respect to both state highways, or portions thereof, and city streets or county highways. (Amended by Stats. 1972, Ch. 708.)
  133. 688.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    When approval from the department is not required, the city or county must notify the department about any franchise application affecting a state highway when the application is filed.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 688. In cases in which the approval of the department is not required, the city or county shall give notice to the department of any application for a franchise affecting a state highway at the time of the filing of such application by any applicant, so that the department may present to the legislative body of the city or county, as the case may be, any considerations by it deemed to be important. Such notice shall be given to the appropriate district director. (Amended by Stats. 1980, Ch. 777, Sec. 71.)
  134. 689.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    A franchise-related privilege in a state highway cannot be exercised until a certified copy of the franchise has been filed with the department.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 689. No privilege shall be exercised in any state highway pursuant to any franchise granted under this article until a copy of such franchise, certified by the clerk of the grantor city or county, has been filed with the department. This may be filed with the district director. (Amended by Stats. 1980, Ch. 777, Sec. 72.)
  135. 690.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    The department can set the location of certain physical property on state highways, and franchise holders must get a permit before building or installing it.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 690. The department shall have the power to prescribe the location, within the limits of the State highway, of any physical property to be constructed or installed in, under, over or upon such State highway pursuant to any such franchise. Before constructing or installing any such physical property in any State highway, the holder of the franchise shall apply to the department, or its authorized agent, for a permit, and the department shall issue a permit, in which it may impose reasonable conditions as to location, method and manner of construction. All such physical property is subject to relocation in the cases and in the manner provided in Section 680. (Added by Stats. 1945, Ch. 977.)
  136. 691.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    A franchise holder using a State highway must comply with the department’s reasonable orders, rules, and regulations.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 691. In the exercise within the limits of any State highway of any privilege granted by franchise, the holder thereof shall at all times be subject to all reasonable orders, rules and regulations of the department for the protection, maintenance or improvement of the highway or the safe and convenient use thereof as a public highway. (Added by Stats. 1945, Ch. 977.)
  137. 692.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    The department may enforce obligations imposed by franchises under Section 682 for work on state highways.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 692. Independently of or jointly with the grantor city or county, the department may enforce any obligation imposed by any franchise granted pursuant to Section 682 relating to the construction, reconstruction, improvement, repair, or maintenance of any state highway or portion thereof. (Amended by Stats. 1972, Ch. 708.)
  138. 693.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    The grantee must pay all sums due under the franchise to the grantor city or county.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 693. All sums payable by the grantee under any such franchise shall be paid to the grantor city or county. (Amended by Stats. 1972, Ch. 708.)
  139. 694.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    Franchises previously granted by a city for privileges in a state highway are validated and made effective.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 694. All franchises heretofore granted by any city for the exercise of any privilege in any State highway, are hereby fully validated, legalized and made effective, to the same extent that such city at the time of making the grant had power to grant a franchise authorizing the exercise of such privilege in, over and upon city streets. (Added by Stats. 1945, Ch. 977.)
  140. 695.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    If the department does not act on an approval application under Sections 683 or 684 within 90 days after filing, the application is treated as approved. The 90-day period may be extended if the grantor city or county consents.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Permit Provisions [670 - 695] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 695. Failure of the department to act upon any application for approval under Sections 683 or 684 within 90 days after the filing of such application with the department shall be deemed to constitute approval thereof. The time herein prescribed may be extended with the consent of the grantor city or county. (Amended by Stats. 1972, Ch. 708.)
  141. 7.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. )

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    A deputy or authorized person may exercise or perform a code-based power, authority, or duty unless the code says it must be done personally.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. ) ## 7. Whenever any power or authority is given to, or any duty is imposed upon, any person by any provision of this code it may be exercised or performed by any deputy or person authorized by him unless it is expressly provided that it shall be exercised in person. (Enacted by Stats. 1935, Ch. 29.)
  142. 70.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

    Verify source ↗

    The California Highway Commission is abolished, and the California Transportation Commission takes over its powers, duties, responsibilities, jurisdiction, and related property.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 70. (a) The California Highway Commission is hereby abolished, and the California Transportation Commission succeeds to, and is vested with, all the duties, powers, purposes, responsibilities, and jurisdiction of the California Highway Commission. (b) Any reference in any law or regulation to the California Highway Commission shall be deemed to refer to the California Transportation Commission. (c) The California Transportation Commission shall have the possession and control of all licenses, permits, leases, agreements, contracts, orders, claims, judgments, records, papers, equipment, supplies, bonds, moneys, funds, appropriations, buildings, land and other property, real or personal, held for the benefit, use, or obligation of the California Highway Commission. (Repealed and added by Stats. 1977, Ch. 1106.)
  143. 70.2.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

    Verify source ↗

    The commission must follow the Legislature’s policy on advance planning and continuity of fiscal policy for state highway construction, improvements, and State Highway Account expenditures, as far as possible.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 70.2. It is hereby declared to be the policy of the Legislature to provide for advance planning and continuity of fiscal policy in the construction and improvement of the state highway system and in the administration of the expenditures from the State Highway Account. The commission shall follow such policy in so far as possible. (Amended by Stats. 1980, Ch. 777, Sec. 4.)
  144. 700.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. )

    Verify source ↗

    This section defines key terms used for freeway utility rules: “person,” “utility facility,” “utility,” and “freeway.”

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. ) ## 700. (a) “Person,” in addition to the definition in Section 19, includes any city, county, public corporation, or public district. (b) “Utility facility” means any pole, poleline, pipe, pipeline, conduit, cable, aqueduct, or other structure or appurtenance thereof used for public or privately owned utility services, used to provide cable service or video service, as defined in Section 5830 of the Public Utilities Code, or used by any mutual organization supplying water or telephone service to its members. (c) “Utility” means any person maintaining any utility facility. (d) “Freeway” includes any toll bridge, including approaches, under the jurisdiction of the commission. (Amended by Stats. 2017, Ch. 792, Sec. 1. (AB 1145) Effective January 1, 2018.)
  145. 701.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. )

    Verify source ↗

    This article applies only to state highways that are or will become freeways, and Article 2 applies to those freeways unless it conflicts with this article.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. ) ## 701. This article is limited to state highways which are or shall become freeways. Article 2 (commencing with Section 670), except as inconsistent with this article, applies to freeways. (Amended by Stats. 1983, Ch. 142, Sec. 157.)
  146. 702.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. )

    Verify source ↗

    If the department requires a utility to move a facility outside a freeway right of way, the department must pay the reasonable and necessary cost of removal and relocation.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. ) ## 702. Whenever the department requires any utility to remove any utility facility lawfully maintained in the right of way of any freeway to a location entirely outside the freeway right of way, the department shall pay the reasonable and necessary cost of such removal. This includes both the cost of removal and the cost of relocation in a new location outside of the freeway right of way. This section does not apply to the relocation of the utility facility from one point in a freeway to another point in the freeway, including the relocation in any service road or outer highway of the freeway or from one point of crossing of the freeway to another and reasonable point of crossing. (Added by Stats. 1947, 1st Ex. Sess., Ch. 11.)
  147. 703.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. )

    Verify source ↗

    The department must pay relocation costs for certain utility facilities when it requires them to move within a freeway.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. ) ## 703. Whenever the department requires a publicly owned utility to relocate within a freeway any utility facility lawfully maintained in any freeway which was not a state highway at the time such utility facility was originally installed therein, the department shall pay the cost of such relocation. Whenever the department requires a privately owned utility to relocate within a freeway any utility facility used solely to supply water, which facility is lawfully maintained in any freeway which was not a state highway at the time such utility facility was originally installed therein, the department shall pay the cost of such relocation. Whenever the department requires a privately owned utility to relocate within a freeway any utility facility, other than one used solely to supply water, which facility is lawfully maintained in any freeway which was not a state highway at the time such utility facility was originally installed therein, and it is established by the utility that it is not under express contractual obligation to relocate such facility at its own expense, the department shall pay the cost of such relocation. A permit containing a contractual obligation which was accepted by the utility for maintenance or minor improvement of the facility after such road became a state highway shall not constitute a contractual obligation within the meaning of this section. Publicly owned sewers and fire hydrants and any street lighting structure, whether publicly or privately owned, in any freeway shall be relocated, where necessary, at the expense of the department. (Amended by Stats. 1961, Ch. 1448.)
  148. 704.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. )

    Verify source ↗

    If the department requires a utility relocation in the right of way more than once in 10 years, it must pay for the second and later relocations in that period.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. ) ## 704. If the department requires the relocation within the right of way of any utility facility more than once within a period of 10 years, the department shall pay the cost of the second relocation and any subsequent relocation within such 10-year period. (Added by Stats. 1947, 1st Ex. Sess., Ch. 11.)
  149. 705.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. )

    Verify source ↗

    When the department must pay utility relocation costs, it is entitled to specified credits, and age-based credit is not allowed for publicly owned sewers.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. ) ## 705. In any case in which the department is required under the provisions of this article to pay the cost of removal or relocation of any utility facility, it shall be entitled to credits as follows: (1) In the amount of any betterment to the utility facility resulting from such removal or relocation, not in excess of the cost of the increased capacity of the facility. (2) The salvage value of any materials or parts salvaged and retained by the utility. (3) If a new facility or portion thereof is constructed to accomplish such removal or relocation, an allowance of an amount bearing the same proportion to the original cost of the displaced facility or portion thereof as the age thereof bears to the normal expected life thereof. A credit shall not be allowed against any portion of the cost which is otherwise chargeable to the utility. A credit allowance for age shall not be applied to publicly owned sewers. (Amended by Stats. 1976, Ch. 676.)
  150. 706.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. )

    Verify source ↗

    The department and affected utilities may agree on who pays utility relocation costs, and the department may advance those costs in some cases.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. ) ## 706. The department and any utility required to remove a utility facility or to relocate any utility facility may, by agreement, provide for the respective amounts of the cost to be borne by each. The department may, without prejudice to its rights under Section 707, advance the cost of removal or relocation and if the department advances such cost, it is the duty of the utility to move its facilities as soon as reasonably possible so as not to delay freeway construction. In the case of any utility which is not financially able to bear the costs of removal or relocation, the department may by agreement provide for the work to be done on condition that the utility’s portion of the costs be repaid to the department over a period of time not exceeding 10 years. Either party may maintain an action in a court of competent jurisdiction for an adjudication as to the obligations and costs to be borne by each party under such provisions of said contract at any time within four years after the cause of action first arose thereunder. Such a cause of action shall be deemed to arise upon and at the time of the completion by the utility of the removal or relocation in question, or at the time of breach of the agreement by either party. The filing of a claim with any state agency shall not be deemed a condition precedent to the maintenance by the utility of any such action. (Amended by Stats. 1957, Ch. 2355.)
  151. 706.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. )

    Verify source ↗

    The department may make a loan to the district for highway-related relocation costs, for up to 20 years, and the district must make annual payments tied to development fee collections.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. ) ## 706.5. In connection with the construction of State Highway Route 86 in Imperial County from Post Miles 58.4 to Post Miles 65.1 and the relocation of facilities of the Coachella Valley Water District necessitated by that project, the department may make a loan, for a term not exceeding 20 years, to the district for the relocation costs incurred, and to be incurred, by the district as a result of that project. The loan shall be subject to the terms and conditions that are mutually agreed upon, but shall require the district, in addition to making periodic payments on the loan, to annually pay to the department an amount at least equal to the sum of the pipeline portion of all development fees collected by the district during the preceding year in the service area served by the transverse waterline crossing of State Highway Route 86, less the district’s administrative and collection costs. The amounts so paid shall be deducted from the outstanding balance of the loan, and the remaining term of the loan correspondingly reduced. (Added by Stats. 1988, Ch. 705, Sec. 1.)
  152. 707.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. )

    Verify source ↗

    If the utility and the department cannot agree under Section 706, either may sue in court to apportion costs, and the action must be started within three years after the utility finishes the removal or relocation.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. ) ## 707. In the event of failure to reach an agreement as provided in Section 706, the utility or the department may bring an action in a court of competent jurisdiction for apportionment of the cost between them in accordance with the provisions of this article. Such an action may be commenced within three years from the date of completion by the utility of the removal or relocation in question. The filing of a claim with any state agency shall not be deemed a condition precedent to the maintenance by the utility of any such action. (Amended by Stats. 1957, Ch. 2356.)
  153. 707.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. )

    Verify source ↗

    The department and a utility may make a contract that allocates obligations and costs for certain utility facility removals or relocations related to state freeways.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. ) ## 707.5. (A) The department and any utility as defined in Section 700 of this code may enter into a contract providing for or apportioning the obligations and costs to be borne by each party as to either or both of the following subject matters: (1) Any or all removals or relocations of any utility facilities completed by the utility prior to the effective date of such contract as required by notice given by the department wherever necessary to accommodate any or all state freeways, where: (a) the obligations or costs in respect thereto to be borne by each party is in dispute; and (b) the claim of the utility is: (i) founded upon a removal or relocation completed by the utility not longer than three years immediately preceding the effective date of such contract; or (ii) involved in an action pending in a court of competent jurisdiction if such action was commenced within three years after completion by the utility of the removal or relocation in question; and (2) Any or all removals or relocations of any utility facilities to be undertaken or completed by the utility after the effective date of such contract as required by notice given by the department wherever necessary to accommodate any or all state freeways. (B) Those provisions of any such contract settling the claims of the parties in respect to any or all removals or relocations of any utility facilities completed by the utility prior to the effective date of such contract, as authorized in subdivision (A) (1) of this section, shall be irrevocable after the execution of such contract, except as the same may be changed or modified by mutual consent of the parties in writing; and either party may maintain an action in a court of competent jurisdiction upon such provisions of said contract at any time within two years after the effective date of such contract, and the utility need file no claim with any state agency as a condition precedent to the maintenance of any such action. (C) Those provisions of any such contract dealing with any or all removals or relocations of any utility facilities to be undertaken or completed by the utility after the effective date of such contract, as authorized in subdivision (A) (2) of this section, shall be under and subject to the following limitations and requirements: (1) While such provisions of said contract remain in effect, such provisions shall govern exclusively the determination of the obligations and costs to be borne by each party in regard to every removal or relocation covered thereby undertaken or completed by the utility after the effective date of such contract, whether notice in respect thereto was given by the department to the utility before or after the effective date of such contract, in lieu of the determination thereof under the foregoing provisions of this article as now or hereafter existing and any and all other laws which would be applicable to said subject matter but for said contract, save to the extent that any such laws may be referred to, retained, and made applicable by, such provisions of said contracts; provided: (a) where before the effective date of a contract entered into under this section the parties executed an agreement in respect to the obligations and costs to be borne by each party as to a particular removal or relocation under a notice given by the department, the provisions of such last mentioned agreement shall govern as to the obligations and costs to be borne by each party in respect thereto; and (b) where a particular notice given by the department before the effective date of a contract entered into under this section specifies a removal or relocation to be made at the expense of the utility, the utility shall be and remain bound thereby unless the utility advised the department in writing of its disagreement with such determination within the time specified in any agreement then in effect between the department and the utility in respect to the procedure to be followed in such cases, or, if none, within a reasonable time after receipt by the utility of said notice. (2) Either party may maintain an action in a court of competent jurisdiction for an adjudication as to the obligations and costs to be borne by each party under such provisions of said contract at any time within four years after the cause of action first arose thereunder. Such a cause of action shall be deemed to arise upon and at the time of the completion by the utility of the removal or relocation in question. The filing of a claim with any state agency shall not be deemed a condition precedent to the maintenance by the utility of any such action. (3) Such provisions of said contract shall terminate: (i) automatically upon the repeal of this section or of subdivisions (A) (2) and (C) hereof; and (ii) also, unless sooner so automatically terminated, at such time or in such manner as may be provided in said contract; and in the event of either such termination, the laws applicable to the subject matter of such provisions of said contract as existing at the time of such termination shall thereafter govern, save as to removals or relocations theretofore required of the utility by the department under notice mailed or delivered to the utility prior to such termination, whether work upon such removal or relocation has theretofore commenced, is in progress, or has been completed. (Added by Stats. 1951, Ch. 824.)
  154. 708.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. )

    Verify source ↗

    Every utility is entitled to a permit for reasonable freeway crossings needed to properly provide its public service.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. ) ## 708. Every utility is entitled to a permit for such reasonable crossings of any freeway, as may be required for the proper discharge of the utility’s service to the public. (Added by Stats. 1947, 1st Ex. Sess., Ch. 11.)
  155. 709.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. )

    Verify source ↗

    The department must use reasonable discretion when deciding utilities’ applications for permits to occupy freeways for longitudinal facilities, and it may refuse applications in certain safety, traffic, or aesthetics cases.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. ) ## 709. The department shall exercise a reasonable discretion in acting on applications of utilities for permits to occupy freeways for longitudinal locations of facilities, as may be required for the proper discharge of their services to the public. The department may, however, refuse to grant any applications for any such longitudinal installation which would be inconsistent with public safety or the continued unobstructed use of the freeway for vehicular traffic, or for any type of utility structure inconsistent with the aesthetic values of any landscaped freeway within, or approaching within one mile of, the limits of any city. (Added by Stats. 1947, 1st Ex. Sess., Ch. 11.)
  156. 71.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

    Verify source ↗

    The commission may change the location of a state highway if it believes doing so is in the State’s best interest.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 71. The commission may alter or change the location of any State highway if in the opinion of the commission such alteration or change is for the best interest of the State. (Amended by Stats. 1935, Ch. 514.)
  157. 710.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. )

    Verify source ↗

    When deciding utility permit applications, the department must consider both freeway travelers’ interests and consumers’ needs for public utility services.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. ) ## 710. The department, in acting upon applications for utility permits, shall consider both the interests of the traveling public upon the freeway and the needs of consumers for public utility services. (Added by Stats. 1947, 1st Ex. Sess., Ch. 11.)
  158. 711.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. )

    Verify source ↗

    The department may adopt reasonable rules, regulations, and permit conditions for locating utility facilities on freeways.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Special Provisions re Utilities in Freeways [700 - 711] ( Article 2.5 added by Stats. 1947, 1st Ex. Sess., Ch. 11. ) ## 711. Nothing in this article is intended to prevent the department from making reasonable rules and regulations and requiring reasonable conditions in permits concerning the place, manner and method of location of utility facilities in, under, over or along freeways. Specifically, without limiting the generality of the foregoing, the department may make regulations or require conditions to the end that the cutting of pavement on freeways and a consequential impairment of the use thereof by the traveling public, shall be avoided insofar as possible. (Added by Stats. 1947, 1st Ex. Sess., Ch. 11.)
  159. 72.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

    Verify source ↗

    The department and the City and County of San Francisco have specified duties about Route 480 if federal emergency relief funding approval is received.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 72. (a) The department shall do all of the following with respect to Route 480 in the City and County of San Francisco, commonly known as the Embarcadero Freeway, if approval for the use of federal emergency relief funds for that purpose is received from the appropriate federal agency: (1) Remove the earthquake-damaged structure as quickly as possible. (2) Retain that portion of the right-of-way that is necessary for new ramps and transfer to the City and County of San Francisco the remaining portions of the Route 480 right-of-way. (3) Jointly agree with the City and County of San Francisco on a system of ramps and city streets that would essentially provide motorists with accessibility comparable to that provided by Route 480. (b) The City and County of San Francisco shall do both of the following: (1) Construct the system of ramps and city streets and utilize the Route 480 right-of-way or the proceeds from sales of that right-of-way for the sole purpose of constructing an alternate system of local streets pursuant to paragraph (3) of subdivision (a). (2) Upon the transfer of that right-of-way pursuant to this section, accept all obligations and liabilities associated with that right-of-way. (c) The total amount of state and federal funds to be expended by the state for the purposes of this section shall not exceed the amount of state and federal funds which would have been expended to repair and reopen the segment to traffic as a state highway. (d) Nothing in this section or Section 253.8 shall be construed to prohibit the selection, development, and operation of a project pursuant to Section 143. (Added by Stats. 1991, Ch. 498, Sec. 1.)
  160. 72.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

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    This section defines several project terms and assigns the department and the city responsibilities for Route 101 and the freeway replacement projects.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 72.1. (a) For purposes of this section, the following terms have the following meanings: (1) “Central Freeway Replacement Project” is the department and city designated alternative transportation system to the damaged Central Freeway. (2) “City” is the City and County of San Francisco. (3) “Freeway Project” includes demolition of the existing commonly known Central Freeway, construction of a new freeway between Mission Street and Market Street, and construction of ramps to, and from, the new freeway. (4) “Octavia Street Project” is the improvement of Octavia Street from Market Street north as a ground level boulevard. (b) The Legislature finds and declares all of the following: (1) That portion of Route 101 located in the city and commonly known as the Central Freeway was severely damaged in the 1989 Loma Prieta earthquake. This damage to the Central Freeway caused and continues to cause significant traffic congestion. (2) Following the Loma Prieta earthquake, the department and the city, with substantial public involvement, selected the Central Freeway Replacement Project as an alternative transportation system to the damaged Central Freeway. The Central Freeway Replacement Project includes the Freeway Project consisting of the demolition of the existing Central Freeway, construction of a new freeway between Mission Street and Market Street, and the construction of ramps to, and from, the new freeway, and the Octavia Street Project, consisting of improvement of Octavia Street from Market Street north as a ground level boulevard. The Central Freeway Replacement Project will remediate traffic congestion problems and allow the city to reclaim unnecessary rights-of-way for beneficial public uses. (3) The implementation of an alternative transportation system is in the best interests of the people of the State of California. (4) No portions of Route 101 north of Fell Street and south of Turk Street are needed for the Central Freeway Replacement Project or for the proposed alternative project to be placed before the voters as Proposition J in the general municipal election of November 1999. (c) (1) The Legislature recognizes that the Central Freeway Replacement Project adopted by the city’s voters, as local measure Proposition E in November 1998 qualifies for the statutory exemption under Section 180.2. (2) The Legislature further recognizes that the proposed alternative project included in Proposition J also qualifies for the statutory exemption under Section 180.2. (3) Notwithstanding paragraph (1), any development of property transferred to the city pursuant to this section may, to the extent required by applicable law, require subsequent environmental analysis by the city at the time at which the specific proposals for the use of that property are developed. (d) That portion of Route 101 between Market Street and Turk Street is not a state highway, except that if the proposed alternative to the Octavia Street Project is approved by the voters in the general municipal election of November 1999, only that portion of Route 101 between Fell Street and Turk Street is not a state highway. (e) The department shall retain jurisdiction over the portion of Route 101 that is between Mission Street and either Market Street or Fell Street, depending on which project is approved by the voters in the general municipal election of November 1999, and shall promptly transfer to the city any portion of Route 101 that is not a state highway under subdivision (d). (f) The following shall apply if the voters do not approve the alternative project in the general municipal election of November 1999: (1) The city shall utilize any proceeds from the disposition or use of excess rights-of-way for the purpose of designing, constructing, developing, and maintaining the Octavia Street Project until the city’s share of the costs of that project are paid in full or funded from other sources. Upon the full funding of the city’s share of the Octavia Street Project, the city shall utilize any remaining proceeds from the sale of excess rights-of-way solely for the transportation and related purposes authorized under Article XIX of the California Constitution. (2) Upon notification to the department by the San Francisco County Transportation Authority that the city is prepared to implement an interim traffic management plan, the department shall proceed expeditiously with demolition of the portion of Route 101 between Fell and Mission Streets. The department shall design and construct the Freeway Project, and the city shall design and construct the Octavia Street Project, and each project shall be consistent with the Central Freeway Replacement Project. (Amended by Stats. 2003, Ch. 525, Sec. 15. Effective January 1, 2004.)
  161. 720.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    If an encroachment exists in or over a state highway, the department may require its removal and must give notice to the responsible person.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 720. If any encroachment exists in, under or over any State highway, the department may require the removal of such encroachment in the manner provided in this article. Except as otherwise provided in sections 680 and 721, notice shall be given to the owner, occupant or person in possession of the encroachment, or to any other person causing or suffering the encroachment to exist, by serving upon any such person a notice containing a demand for the immediate removal of such encroachment from within such highway. Any such notice shall describe the encroachment complained of with reasonable certainty as to its character and location. In lieu of service upon such person, service of such notice may also be made by registered mail and by posting, for a period of five days, a copy of the notice on the encroachment described in the notice. In the case of an owner, occupant or person in possession, who is not present in the county, the notice may be given to his agent in lieu of service by mailing and posting. (Amended by Stats. 1937, Ch. 931.)
  162. 721.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    The department may immediately remove certain encroachments from state highways.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 721. The department may immediately remove from any state highway any encroachment that: (a) Is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, prior to the expiration of five days from and after the service of the notice. (b) Obstructs or prevents the use of the highway by the public. (c) Consists of refuse. (d) Is an advertising sign of any description, unless excepted by Section 670. (Amended by Stats. 2014, Ch. 345, Sec. 10. (AB 2752) Effective January 1, 2015.)
  163. 722.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    If an owner does not comply with certain department notices or demands, the department may remove the encroachment and seek recovery of removal costs and related expenses.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 722. The department may remove an encroachment on the failure of the owner to comply with a notice or demand of the department under the provisions of Section 673, Section 680, or Section 720, and shall have an action to recover the expense of the removal, costs, and expenses of suit and, in addition thereto, the sum of three hundred fifty dollars ($350) for each day the encroachment remains after the expiration of five days from the service of the notice or the demand. (Amended by Stats. 2003, Ch. 182, Sec. 1. Effective January 1, 2004.)
  164. 723.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    If an encroachment is disputed or not removed, the department may sue to abate it as a public nuisance.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 723. If the owner, occupant, or person in possession of the encroachment, or person causing or suffering the encroachment to exist, or the agent of any of them, disputes or denies the existence of the encroachment, or refuses to remove or permit the removal of the encroachment, the department, in the name of the people of the State of California, may commence, in a court of competent jurisdiction, an action to abate the encroachment as a public nuisance. If judgment is recovered by the department, it may, in addition to having the encroachment adjudged a nuisance and abated, recover three hundred fifty dollars ($350) for each day the encroachment remains after the service of the notice in the manner provided in Section 720, and may also recover its costs and expenses incurred in the action. (Amended by Stats. 2003, Ch. 182, Sec. 2. Effective January 1, 2004.)
  165. 724.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    A person who keeps or causes an unauthorized encroachment in a state highway after notice may be guilty of a misdemeanor.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 724. Unless the encroachment is authorized under Article 2 (commencing with Section 670), any person owning, controlling, or placing, or causing or suffering to exist, any encroachment within any state highway after the service upon that person of the notice, in the manner provided in Section 720, is, in addition to any civil liability therefor, guilty of a misdemeanor. (Amended by Stats. 1983, Ch. 142, Sec. 158.)
  166. 725.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    Any person is prohibited from draining or discharging water onto a state highway, obstructing natural water courses in ways that affect highway drainage or public travel, or storing or distributing water so it overflows, seeps onto, or obstructs a state highway and damages it.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 725. It is unlawful for any person to do any of the following acts: (a) Drain water, or permit water to be drained, from his lands onto any State highway by any means which results in damage to the highway. (b) Obstruct any natural water course so as to: (1) Prevent, impede or restrict the natural flow of waters from any State highway into and through such water course, unless other adequate and proper drainage is provided. (2) Cause waters to be impounded within any State highway, to the damage of the highway. (3) Cause interference with, or damage or hazard to public travel. (c) Store or distribute water for any purpose so as to permit it to overflow onto, to saturate by seepage, or to obstruct any State highway, to the damage of the highway. (Enacted by Stats. 1935, Ch. 29.)
  167. 726.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    After the department gives notice under section 720, a person causing or allowing damage or harmful conditions on a state highway must stop the water diversion or drainage issue and repair the highway at their own expense.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 726. When notice thereof is given by the department, in the manner provided by section 720, to any person permitting or suffering such damage to be done to any State highway, or permitting or suffering any such condition to exist, such person shall immediately cease and discontinue such diversion of waters or shall discontinue and prevent such drainage, seepage, or overflow and shall repair the highway at his own expense. (Enacted by Stats. 1935, Ch. 29.)
  168. 727.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    If a notified person does not stop the diversion or related water damage, the department may do the repairs and recover its costs plus $350 per day until the problem stops.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 727. If a person is thus notified, and fails, neglects, or refuses to cease and discontinue the diversion, to discontinue and prevent the drainage, seepage, or overflow of the waters, or to make the repairs required by Section 726, the department may make the repairs and may also perform work as is necessary to prevent the further drainage, diversion, overflow, or seepage of the waters. The department, in the name of the people of the State of California, may recover in an action at law, in a court of competent jurisdiction, the amount expended for the repairs and work and, in addition thereto, the sum of three hundred fifty dollars ($350) for each day the drainage, diversion, overflow or seepage of waters is permitted to continue after the service of the notice in the manner required by Section 726, together with the costs and expenses incurred in the action. (Amended by Stats. 2003, Ch. 182, Sec. 3. Effective January 1, 2004.)
  169. 728.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    People who want to dig or build ditches in, under, or over a state highway for water must also build the needed bridges, culverts, pipes, siphons, or crossings at their own expense, and the work is subject to the permit and department approval.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 728. Any person proposing or desiring to excavate or construct ditches in, under or over any State highway, to carry water for any purpose, shall construct, without expense to the State, such bridges, culverts, pipes, siphons or crossings as are necessary adequately and properly to carry such water in, under or over such State highway. Any such construction shall be done in accordance with the permit and pursuant to section 671, and shall be subject to the approval of the department. The issuance of any such permit may be withheld until the department finds that proper and adequate provision is made for the protection of such State highway and for the safety of travel thereon. (Enacted by Stats. 1935, Ch. 29.)
  170. 729.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    If a person does not comply with section 728, the department may build the crossing and recover the construction expense plus litigation costs.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 729. Upon the neglect or refusal of any person to comply with the provisions of section 728, the department may construct any such crossing and may recover, in the name of the people of the State of California, in an action at law in any court of competent jurisdiction, the expense of such construction, together with the costs and expenses incurred in any such action. (Enacted by Stats. 1935, Ch. 29.)
  171. 73.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

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    The commission must relinquish certain state highway portions to a county or city when the section’s conditions are met, and the department must give advance written notice and keep relocated highways in good repair before relinquishment.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 73. The commission shall relinquish to any county or city any portion of any state highway within the county or city that has been deleted from the state highway system by legislative enactment, and the relinquishment shall become effective upon the first day of the next calendar or fiscal year, whichever first occurs after the effective date of the legislative enactment. It may likewise relinquish any portion of any state highway that has been superseded by relocation. Whenever the department and the county or city concerned have entered into an agreement providing therefor, or the legislative body of the county or city has adopted a resolution consenting thereto, the commission may relinquish, to that county or city, any frontage or service road or outer highway, within the territorial limits of the county or city, which has a right-of-way of at least 40 feet in width and which has been constructed as a part of a state highway project, but does not constitute a part of the main traveled roadway thereof. The commission may also relinquish, to a county or city within whose territorial limits it is located, any nonmotorized transportation facility, as defined in Section 887, constructed as part of a state highway project if the county or city, as the case may be, has entered into an agreement providing therefor or its legislative body has adopted a resolution consenting thereto. Relinquishment shall be by resolution. A certified copy of the resolution shall be filed with the board of supervisors or the city clerk, as the case may be. A certified copy of the resolution shall also be recorded in the office of the recorder of the county where the land is located and, upon its recordation, all right, title, and interest of the state in and to that portion of any state highway shall vest in the county or city, as the case may be, and that highway or portion thereof shall thereupon constitute a county road or city street, as the case may be. The vesting of all right, title, and interest of the state in and to portions of any state highways heretofore relinquished by the commission, in the county or city to which it was relinquished, is hereby confirmed. Prior to relinquishing any portion of a state highway to a county or a city, except where required by legislative enactment, the department shall give 90 days’ notice in writing of intention to relinquish to the board of supervisors, or the city council, as the case may be. Where the resolution of relinquishment contains a recital as to the giving of the notice, adoption of the resolution of relinquishment shall be conclusive evidence that the notice has been given. The commission shall not relinquish to any county or city any portion of any state highway that has been superseded by relocation until the department has placed the highway, as defined in Section 23, in a state of good repair. This requirement shall not obligate the department for widening, new construction, or major reconstruction, except as the commission may direct. A state of good repair requires maintenance, as defined in Section 27, including litter removal, weed control, and tree and shrub trimming to the time of relinquishment. Within the 90-day period, the board of supervisors or the city council may protest in writing to the commission stating the reasons therefor, including, but not limited to, objections that the highway is not in a state of good repair, or is not needed for public use and should be vacated by the commission. In the event that the commission does not comply with the requests of the protesting body, it may proceed with the relinquishment only after a public hearing given to the protesting body on 10 days’ written notice. (Amended by Stats. 1998, Ch. 877, Sec. 8. Effective January 1, 1999.)
  172. 73.01.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

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    The commission may transfer a park-and-ride lot to certain transportation entities if an agreement is in place and the transfer is in the state’s best interests.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 73.01. (a) The commission may relinquish to a county transportation commission created pursuant to Chapter 1 (commencing with Section 130000) of Division 12 of the Public Utilities Code, a joint powers authority formed for purposes of providing transportation services, a transit district, or a regional transportation planning agency, a park-and-ride lot within their respective jurisdictions, on terms and conditions that the commission finds to be within the best interests of the state, if the department enters into an agreement with the county transportation commission, joint powers authority, the transit district, or regional transportation planning agency providing for that relinquishment. (b) The county transportation commission, joint powers authority, the transit district, or regional transportation planning agency requesting the relinquishment shall agree to maintain, at a minimum, the number of parking spaces provided by the department in the lot at the time of relinquishment. The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. (Amended by Stats. 2014, Ch. 315, Sec. 1. (SB 1368) Effective January 1, 2015.)
  173. 73.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

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    The commission may give up State Route 275 (the Tower Bridge) to one or more cities where it is located, if the cities agree to accept it and the commission finds the terms are in the state’s best interest.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 73.1. The commission may relinquish State Route 275, the Tower Bridge, to one or more cities in which it is located, upon agreement of the city or cities to accept it and pursuant to those terms the commission finds to be in the best interest of the state. A relinquishment under this section shall become effective upon the first day of the next calendar or fiscal year, whichever occurs first, after the effective date of the commission’s approval of the terms. (Amended by Stats. 2015, Ch. 12, Sec. 6. (AB 95) Effective June 24, 2015.)
  174. 73.3.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

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    The commission may relinquish a specified segment of State Route 224 to the city where that segment is located if the state’s best interest is served, the commission approves the terms and conditions, and the city agrees to accept it.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 73.3. Upon determination by the commission that it is in the best interest of the state to do so, the commission may, upon terms and conditions approved by it, relinquish State Route 224 from post mile 0.0 to post mile 1.7 to a city in which that segment of the highway is located, if the city has agreed to accept the relinquishment. The relinquishment shall be effective on the day immediately following the date of the approval of the terms and conditions by the commission. (Added by Stats. 1996, Ch. 10, Sec. 5. Effective February 9, 1996.)
  175. 73.4.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

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    The commission may relinquish certain state highway portions that are infrastructural barriers if specified conditions are met.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 73.4. (a) For purposes of this section, “infrastructural barrier” means a state highway for which high speeds, grade separation, or other design factors displaced residences or create an obstacle to connectivity, including any of the following: (1) Obstacles to walking, biking, or mobility. (2) Diminished access to destinations across the infrastructural barrier. (3) Barriers to the economic development of the surrounding neighborhood. (b) In addition to relinquishments pursuant to Section 73, the commission may also, for relinquishments initiated under this section on or after January 1, 2023, relinquish a portion of a state highway that constitutes an infrastructural barrier to a county or city if the department and the applicable county or city have entered into an agreement providing for the relinquishment of the portion of the state highway. (c) A relinquishment pursuant to subdivision (b) may only occur if all of the following conditions are met: (1) The portion of the state highway is located within the territorial limits of the city or county entering into the agreement. (2) The commission determines the relinquishment is in the best interest of the state. (3) The commission holds a public hearing on the proposed relinquishment to solicit input from the public. (4) The purposes of the relinquishment are for restorative economic and social justice, including, but not limited to, transit-oriented development, affordable housing for low- and moderate- income people, green space, or active transportation infrastructure. (5) The infrastructural barrier shall be removed or retrofit in a manner that enhances community connectivity and that is sensitive to the context of the surrounding community. The retrofit of the infrastructural barrier may include, but is not limited to, placing a freeway cap on the infrastructural barrier or replacing the infrastructural barrier with an at-grade arterial roadway. (6) Any land made available by the removal or retrofit of the infrastructural barrier shall be redeveloped for the purposes specified in paragraph (4) with a focus on implementing improvements that will benefit the populations impacted by or previously displaced by the infrastructural barrier. (7) A part of the relinquished portion of the state highway shall be used for transportation purposes to ensure the continuity of traffic flow. (8) The relinquishment is consistent with federal law and regulations and does not require reimbursement to the federal government of any federal funding. (9) The relinquishment is consistent with Article XIX of the California Constitution. (10) The city or county determines that the construction of the infrastructural barrier had a significant impact on a disadvantaged community. An impact is significant if all of the following criteria are met: (A) There was a disproportionate impact on the disadvantaged community, including, but not limited to, creating obstacles to mobility or economic development or exposing the disadvantaged community to high levels of particulate matter, noise pollution, or other public health and safety risks. (B) A causal connection exists between the construction of the infrastructural barrier and the disproportionate impact. (C) The construction lacks a substantial legitimate justification for the disproportionate impact and a reasonable nondiscriminatory alternative could not be identified. (d) A relinquishment under this section shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. (e) On and after the effective date of the relinquishment pursuant to this section, all of the following shall occur: (1) The relinquished portion of state highway shall cease to be a state highway. (2) The relinquished portion of state highway shall be ineligible for future adoption under Section 81. (f) This section does not determine project elements, housing density, or setback limits, or place land use restrictions on portions of land not being relinquished pursuant to this section. (Added by Stats. 2022, Ch. 940, Sec. 2. (AB 512) Effective January 1, 2023.)
  176. 73.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

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    The department may convey highway lands in a qualifying National Park area to the United States, if the commission approves the terms.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 73.5. Whenever any area has been or may hereafter be constituted a National park or be added to any existing National park and jurisdiction thereover has been ceded by the Legislature to the United States, any lands within such area acquired for highway purposes may be conveyed by the department to the United States on such terms as the commission shall approve. (Added by Stats. 1939, Ch. 292.)
  177. 730.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    A person who wilfully or negligently damages a state highway is liable for repair costs, and wilfully injuring a bridge, culvert, or structure on a state highway is a misdemeanor.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 730. Any person who by any means wilfully or negligently injures or damages any State highway is liable for the repair thereof, and the department, in the name of the people of the State of California, may recover, in an action in any court of competent jurisdiction, the amount expended for such repairs, together with the costs and expenses incurred in any such action. Any person wilfully injuring any bridge, culvert or structure in or on any State highway is guilty of a misdemeanor. (Amended by Stats. 1937, Ch. 931.)
  178. 730.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    People who damage trees or shrubs on state highway property without a department permit can be fined, and the department may recover the penalty and related costs.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 730.5. Any person who by any means, without a permit issued by the department, digs up, cuts down, destroys, prunes, trims, or otherwise injures any tree or shrub on any state highway, rights-of-way, or property shall be liable for a penalty in the sum of ten thousand dollars ($10,000) for each tree so damaged and one thousand dollars ($1,000) for each shrub so damaged; and the department, in the name of the people of the State of California, may recover the penalty in an action at law, in a court of competent jurisdiction, together with the costs and expenses, including attorney and expert fees, incurred in the action and the actual costs incurred because of the damage to any tree or shrub on state property. (Amended by Stats. 2002, Ch. 664, Sec. 210. Effective January 1, 2003.)
  179. 731.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    People may not park vehicles or place structures in a highway to sell from them, and certain related conduct is a misdemeanor. The department may remove the vehicle or structure, and highway patrol or local peace officers may enforce the chapter on highways in their jurisdiction.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 731. Any vehicle or structure parked or placed wholly or partly within any state highway, for the purpose of selling the same or of selling therefrom or therein any article, service or thing, is a public nuisance and the department may immediately remove that vehicle or structure from within any highway. Any person parking any vehicle or placing any structure wholly or partly within any highway for the purpose of selling that vehicle or structure, or of selling therefrom or therein any article or thing, and any person selling, displaying for sale, or offering for sale any article or thing either in or from that vehicle or structure so parked or placed, and any person storing, servicing, repairing or otherwise working upon any vehicle, other than upon a vehicle which is temporarily disabled, is guilty of a misdemeanor. The California Highway Patrol and all peace officers from local law enforcement agencies may enforce the provisions of this chapter with respect to highways under their respective jurisdiction and shall cooperate with the department to that end. Whenever any member of the California Highway Patrol or any peace officer from a local law enforcement agency removes a vehicle from a highway under the provisions of this section, then all of the provisions of Article 3 (commencing with Section 22850), Chapter 10, Division 11 of the Vehicle Code with reference to the removal of a vehicle from a highway shall be applicable. This section does not prohibit a seller from taking orders or delivering any commodity from a vehicle on that part of any state highway immediately adjacent to the premises of the purchaser; prohibit an owner or operator of a vehicle, or a mechanic, from servicing, repairing or otherwise working upon any vehicle which is temporarily disabled in a manner and to an extent that it is impossible to avoid stopping that vehicle within the highway; or prohibit coin-operated public telephones and related telephone structures in park and ride lots, vista points, and truck inspection facilities within state highway rights-of-way for use by the general public. (Amended by Stats. 2007, Ch. 89, Sec. 1. Effective January 1, 2008.)
  180. 731.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    Section 731 does not apply to certain public coin-activated or credit card-activated telephones in bus passenger shelters on state highways other than freeways or expressways, if the telephone placer has a permit from the department under Section 670.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 731.5. Section 731 does not apply to a coin-activated or credit card-activated telephone available for public use shared and maintained within any bus passenger shelter lawfully erected upon any state highway other than a freeway or expressway if the person placing the telephone has obtained a permit from the department pursuant to Section 670. (Added by Stats. 1990, Ch. 512, Sec. 1.)
  181. 732.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    It is a misdemeanor for any person to wilfully damage or remove boundary or survey monuments or stakes used to mark a State highway or proposed State highway.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 732. Any person who wilfully injures, defaces, breaks down or removes any monument or stake placed, erected or used by the department to designate any point in the boundary or survey of any State highway or proposed State highway is guilty of a misdemeanor. (Enacted by Stats. 1935, Ch. 29.)
  182. 732.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    Survey monuments must be preserved, referenced, or replaced under Business and Professions Code Section 8771.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 732.5. Survey monuments shall be preserved, referenced, or replaced pursuant to Section 8771 of the Business and Professions Code. (Added by Stats. 1994, Ch. 458, Sec. 10. Effective January 1, 1995.)
  183. 733.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    Money recovered under this chapter must be paid into a fund that the department designates for highway purposes.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 733. All money recovered under the provisions of this chapter shall be paid into any fund which is available to the department for highway purposes and is designated by the department to receive such payment. (Enacted by Stats. 1935, Ch. 29.)
  184. 734.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    The department is not limited to this article’s procedure and may use any other legal remedy to prevent damage to or protect a state highway.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Nuisance and Penal Provisions [720 - 734] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 734. The procedure provided in this article is not exclusive and shall not prohibit the department from exercising any other remedy provided by law to prevent damage to or to protect any State highway. (Enacted by Stats. 1935, Ch. 29.)
  185. 74.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

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    A city or county aggrieved by certain department decisions may petition the commission for a hearing within 30 days.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 74. Any city or county aggrieved by any decision of the department, under the provisions of Division 3 (commencing with Section 2004.5) or under the provisions of Sections 186.3 and 186.5, may, within 30 days after such decision, petition the commission for a hearing. If a petition is filed, the commission shall hear the petition as soon as conveniently possible and after reasonable notice to such city or county. The commission shall make its order allowing or disallowing the petition, in whole or in part, and the commission’s order shall be final and conclusive. (Amended by Stats. 1980, Ch. 777, Sec. 5.)
  186. 74.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

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    A city or county planning commission and legislative body must hold a public hearing before recommending adoption of a state highway route or selection of a state highway location.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 74.5. The planning commission and legislative body of a city or county shall, prior to recommending the adoption of a state highway route by the Legislature or the selection of a state highway location by the commission, conduct a public hearing on the subject. (Amended by Stats. 1980, Ch. 777, Sec. 6.)
  187. 740.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. )

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    This section defines “mapped highway,” “map,” and “owner” for this article.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. ) ## 740. As used in this article: “Mapped highway” means a highway which is laid out, surveyed, and delineated on a map of such size, scale, and detail that the exact location on the ground which the highway is to occupy can be ascertained. “Map” includes plat. “Owner” includes any person entitled to the use or possession of real property. (Added by Stats. 1947, Ch. 1451.)
  188. 740.2.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. )

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    If the department has laid out and surveyed a proposed state highway in a county or city, it must prepare a map showing the highway’s location on each parcel it will cross or occupy.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. ) ## 740.2. Whenever the department has laid out and surveyed a proposed state highway in any county or city it shall prepare a map of such highway sufficient to show the location of such highway on each parcel of land to be traversed or otherwise occupied by the highway when constructed. (Amended by Stats. 1961, Ch. 471.)
  189. 740.4.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. )

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    The department must send the county planning commission a copy of the relevant map, and the planning commission must prepare a precise plan and notify the department about certain building-permit applications.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. ) ## 740.4. The department shall transmit a copy of such map insofar as it relates to the land within a county to the planning commission of the county. The planning commission of such county shall thereafter prepare a precise plan showing such planned right-of-way in conformity with Section 65600 of the Government Code, and the board of supervisors shall thereafter adopt such precise plan in the manner provided in Article 11 (commencing with Section 65600), Chapter 3, Title 7 of the Government Code. Thereafter, the planning commission shall also notify the department of any application for a building permit for a building costing five thousand dollars ($5,000) or more in sufficient time to give the department an opportunity to purchase the right-of-way from such applicant. Upon adoption of a resolution by the board of supervisors, the notice to the department may be given by any other officer, board, commission, or department designated for that purpose by the resolution. (Amended by Stats. 1975, Ch. 1245.)
  190. 740.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. )

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    The department must send city planning officials a copy of a mapped highway-related map, and local planning officials must notify the department about permit applications for buildings costing $5,000 or more.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. ) ## 740.5. The department shall transmit a copy of such map, insofar as it relates to the land within a city, to the planning commission of the city or, if the city has not created a planning commission, to the governing body of the city. The planning commission of such city or, if the city has not created a planning commission, the governing body of such city acting as a planning commission, shall thereafter notify the department of any application for a building permit for a building costing five thousand dollars ($5,000) or more in sufficient time to give the department an opportunity to purchase the right-of-way from such applicant. The notices required to be given by the planning commission, or by the governing body acting as a planning commission, may be given by any other officer, board, commission, or department designated for that purpose by resolution of the governing body. (Amended by Stats. 1975, Ch. 1245.)
  191. 740.6.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. )

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    A copy of the precised plan must be filed with the county agency that issues building permits for unincorporated areas, or with the county surveyor if no such agency exists.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. ) ## 740.6. A copy of the precised plan shall be filed with the agency of the county charged with the duty of issuing building permits for buildings in unincorporated areas in the county, or, if no such agency exists in the county, with the county surveyor. (Added by Stats. 1947, Ch. 1451.)
  192. 740.8.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. )

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    People may not erect a building or structure without a permit, unless it is a temporary structure costing less than $500.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. ) ## 740.8. No person shall hereafter erect any building or structure, other than a temporary structure costing less than five hundred dollars ($500) without a permit to do so. If no other agency is charged with the duty of issuing such permits the county surveyor shall have such duty. (Added by Stats. 1947, Ch. 1451.)
  193. 741.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. )

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    Before issuing a building permit, the permit-issuing officer must review the plan. If the proposed building is within a mapped highway and costs $500 or less, the officer must grant the permit; otherwise, the officer must refuse it and give the applicant the reason.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. ) ## 741. Prior to issuing a building permit the officer whose function is to issue such permits shall examine the precised plan and if he finds that the building or structure proposed to be erected will lie within the boundaries of the mapped highway he shall grant the permit if the cost of the proposed building or structure is five hundred dollars ($500) or less. Otherwise he shall refuse such permit and notify the applicant for the permit of the reason for such refusal. (Added by Stats. 1947, Ch. 1451.)
  194. 741.2.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. )

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    A person denied a building permit under this article may ask an appeals board for a hearing. The county governing body is normally the appeals board, unless it decides it cannot handle the number of hearings quickly enough and appoints a separate appeals board.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. ) ## 741.2. Any person aggrieved by the refusal of a building permit under this article may request a hearing on the matter by an appeals board. Except as hereinafter provided the governing body of the county is the appeals board for the county. If the governing body of any county determines that the number of hearings requested is so numerous that they cannot be handled expeditiously by such body, it shall appoint an appeals board to conduct such hearings. (Added by Stats. 1947, Ch. 1451.)
  195. 741.4.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. )

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    The appeals board must grant the permit if any of three listed conditions is met.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. ) ## 741.4. The appeals board shall grant the permit if any of the following are true: (a) That the property of which the mapped highway location is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the permit. (b) That the property will not earn a fair return on the owner’s investment unless the construction involved is authorized. (c) That, balancing the interests of the public in preserving the integrity of the officially mapped highway against the interest of the owner of the land in using his property, the granting of the permit is required by considerations of justice and equity. (Added by Stats. 1947, Ch. 1451.)
  196. 741.6.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. )

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    The appeals board must not grant the permit if either listed condition is true.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. ) ## 741.6. The appeals board shall not grant the permit if any of the following are true: (a) That the owner of the land will not be substantially damaged by locating the proposed structure on his land outside of the lines of the mapped highway. (b) That, balancing the interests of the public in preserving the integrity of the mapped highway against the interest of the land owner in using his property as proposed to be used, the resulting disadvantages to the State would be unreasonably disproportionate to the advantages to the owner to be derived from so using the property. (Added by Stats. 1947, Ch. 1451.)
  197. 741.7.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. )

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    This provision says the article does not create a prerequisite for acquiring rights of way by purchase or eminent domain.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. ) ## 741.7. Nothing in this article shall be deemed a condition precedent to the acquisition of rights of way by purchase or by proceedings in eminent domain. (Added by Stats. 1947, Ch. 1451.)
  198. 741.8.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. )

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    This section says the article does not limit a person's right to seek declaratory relief or use other legal or equitable remedies for their specific case.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. ) ## 741.8. Nothing in this article shall be construed to restrict the right of any person to seek declaratory relief pursuant to Section 1060 of the Code of Civil Procedure or to avail himself of any other legal or equitable remedy applicable to his particular case. (Added by Stats. 1947, Ch. 1451.)
  199. 741.9.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. )

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    When assessing affected property, the assessor must consider any loss in use that reduces the property’s actual value because of the highway’s location being established.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. ) ## 741.9. The assessor, in assessing any property affected by the provisions of this article, shall take into consideration any impairment of the use of the property which lessens its actual value resulting from the establishment of the location of the highway. (Added by Stats. 1947, Ch. 1451.)
  200. 742.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. )

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    If part of this article is held invalid, the rest of the article still applies.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Protection of Beds of Mapped Highways [740 - 742] ( Article 4 added by Stats. 1947, Ch. 1451. ) ## 742. If any provision of this article, or the application thereof to any person, or circumstance, is held invalid, the remainder of this article, and the application of such provision to other persons or circumstances shall not be affected thereby. (Added by Stats. 1947, Ch. 1451.)

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