Streets and Highways Code, 1935

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

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

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.

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

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

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.

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.

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.

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.

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.

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

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

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

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.

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

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.

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.

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

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.

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.

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.

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.

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.

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.

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

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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

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.

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.

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

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.

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.

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.

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

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

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.

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.

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.

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.

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.

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

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

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

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

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.

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

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.

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.

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

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

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.

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.

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

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.

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.

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.

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.

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.

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

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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

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.

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

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

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.

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.

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.

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

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

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.

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

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

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

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.

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.

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.

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.

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.

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

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.

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.

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

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

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

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.

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

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

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.

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.

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

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.

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.

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.

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.

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.

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.

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

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.

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.

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

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.

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.

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

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.

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.

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.

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.

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.

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

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.

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

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

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

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

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.

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.

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

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.

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

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.

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.