2850-2859
STREETS AND HIGHWAYS CODE
SECTION 2850-2859
2850. The legislative body shall fix a time and place of hearing on
the approved report and may order the hearing to be held by the
legislative body or by other public officers or public board of the
city or county governed by the legislative body as may be designated
by it. The public officers or public board shall serve without
additional compensation.
2851. The clerk of the legislative body shall give notice of the
hearing by mailing a copy of the notice, postage prepaid, to all
persons owning real property which is proposed to be assessed to pay
any part of the cost of the work, whose names and addresses appear on
the last equalized city or county assessment roll, as the case may
be, available on the date the report is commenced, at his address as
shown upon such roll or as known to the clerk.
2852. The notice of the hearing on the report shall be
substantially in the following form (filling in blanks):
Notice is hereby given that land owned by you or in which you are
interested is proposed to be assessed for the proposed (here briefly
state in general terms what is proposed to be done, such as paving X
Street between A Street and B Street). The estimated cost of the ____
(acquisition or improvement) is $____; the assessed value of the
real property within the district is $____; the estimated true value
of parcels within the district is $____; the estimated total amount
of assessments upon parcels to be assessed for acquisitions or
improvements done or previously ordered is $____; the estimated
amount of the proposed assessment upon your parcel for the proposed
____ (improvement or acquisition) is $____. The estimated amount of
the proposed assessment is approximate only, is based upon the stated
estimated cost, and is not to be deemed the actual amount which will
be assessed. The amount of money to be contributed towards the
project by the (City or County of ____) is the sum of $____.
A hearing will be held in the (place of hearing) by (designation
of body or officer) on the ____ day of ____, 19__, at the hour of ___
o'clock _m. at which time and place all protests and objections will
be heard. The proceeding for the acquisition or improvement is
proposed to be conducted under the (here by short title or otherwise
designate act under which the project will be undertaken).
A report on the proposed project is on file in the office of the
clerk of the ____ (designate the legislative body) and is open to
public inspection.
_____________________________________
Clerk of (name of legislative body)
2853. The notice of the hearing must be mailed at least 30 days
prior to the date of the hearing.
2854. If any parcel of land is assessed as owner unknown on the
assessment roll, no notice need be sent for such parcel unless the
name and address of a person claiming an interest in such property
has been filed with the clerk, in which case notice shall be mailed
to such person and address.
2855. In the absence of fraud no error or mistake in the mailing of
the notices, or any of them, and no failure of any property owners
to receive the same shall in any way affect the validity of the
proceedings, but the clerk shall file his affidavit of mailing such
notice, and such affidavit shall be conclusive evidence that the
notices have been mailed as required by this division.
2856. At the hearing protests may be made orally or in writing by
any person who would be entitled to protest or object to the ordering
of the things proposed to be done at a hearing on the resolution of
intention. However, all written protests shall be filed with the
clerk of the legislative body at or before the time fixed for the
hearing, and any protest relating to the regularity or sufficiency of
the proceedings shall be in writing and shall clearly set forth the
irregularity or defect to which objection is made.
2857. At the hearing on the report, the report, except as to the
map, plat or diagram and the assessed valuations and true valuations
of and assessments and estimated assessments upon each parcel of
land, shall be read or summarized before protests are considered. The
hearing may be continued from time to time not exceeding 120 days.
2858. If the hearing on the report is not held before the
legislative body, then within 10 days after the conclusion of the
hearing, the persons conducting the hearing shall file a report on
the hearing with the legislative body. The report on the hearing
shall include a statement of the time when and place where the
hearing was held, the approximate number of persons present, the
number and nature of the protests made, and the recommendation of the
persons holding the hearing. The report on the hearing shall be
filed with the clerk of the legislative body.
2859. Unless the acquisition or improvement is abandoned, the
report and the report on the hearing, if the hearing is not held
before the legislative body, shall be kept on file, open to public
inspection, and any resolution of intention or ordinance of intention
adopted in the proceeding under the improvement law shall state that
such reports are on file with the clerk and may be examined at his
office.