2950-2956
STREETS AND HIGHWAYS CODE
SECTION 2950-2956
2950. If the legislative body finds, after taking the steps
provided by Sections 2821, 2822 and 2823, that the probable
assessments will not exceed the limitations set up by this division,
it may cause the clerk to mail prepaid postcards giving notice of its
findings and proposed action. Each such notice shall have attached
thereto an addressed reply postcard with the return postage thereon
guaranteed.
The cards shall be mailed to each person to whom land in the
proposed assessment district is assessed on the last equalized county
assessment roll available on the date the report is commenced, at
his address as shown upon such roll and to any person whether owner
in fee or having a lien upon or legal or equitable interest in any
land within the proposed district who has filed with the clerk his
name and address and the designation of the land in which he is
interested.
2951. The notice of proposed assessment shall be substantially in
the following form (filling in the blanks):
NOTICE OF PROPOSED ASSESSMENT
Notice is hereby given that the (name of the legislative body)
proposes to adopt a resolution of intention under the (here mention
statute under which it proposes to proceed) covering (here state in
general terms what acquisitions and/or improvements are to be made).
Your land will be assessed to pay a part of the cost thereof. This
questionnaire is sent to the property owners interested to ascertain
whether or not the owners of as much as 15 per cent of the area of
the proposed district demand proceeding under the "Special Assessment
Investigation, Limitation and Majority Protest Act of 1931." Under
said investigation act information will be obtained and a report
thereon made, open to public inspection, and stating among other
things (1) the estimated cost of the proposed project; (2) the
estimated amount of existing assessments upon each parcel of land in
the district; (3) the estimated assessment upon your lands for the
proposed project. In the event that you desire the proceeding under
said investigation act, so indicate on the attached card and return
the same to the clerk within 30 days from (here set forth the date,
not earlier than one day subsequent to the mailing of the cards).
Sign your name legibly and describe or designate the property owned
by you.
_____________________________
Clerk of (here designate
__________________
legislative body)
The return post card as
sent out shall be
addressed to the clerk
sending out the notice and
shall have thereon a
guarantee of the payment
of the postage for the
return thereof and on the
reverse side shall contain
the following:
(does)
The undersigned (does not)
demand the making of the
investigation provided for
by the "Special
Assessment, Investigation,
Limitation and Majority
Protest Act of 1931" in
connection with the (here
set forth the same
description of the project
as is contained upon the
notice post card).
(Signature)__
(Description
or
designation
of
property)____
Instruction: If you are in favor of the improvement without the
investigation report strike out the word "does." If you desire the
investigation report, whether or not you desire the improvement,
strike out the words "does not."
2952. If any parcel of land in the assessment district is assessed
as owner unknown on the county assessment roll, no notice need be
sent for such parcel unless the name and address of the person
claiming an interest in that property is filed with the clerk, in
which case notice shall be mailed to such person and address.
2953. In the absence of fraud no error in the mailing of the
notices, and no failure of any person to receive the notices shall in
any way affect the validity of the proceedings, but the clerk shall
file an affidavit of mailing such notices and shall include therein a
list of the names and addresses of the person to whom such notices
were sent.
2954. The return postcards shall be filed in the clerk's office and
after the expiration of the 30-day period specified in the Notice of
Proposed Assessment all demands for the investigation made to the
legislative body shall be computed and it shall by order entered on
its minutes determine whether or not the owners of 15 per cent of the
area of the proposed assessment district have demanded such
investigation. Such determination shall be final and conclusive in
the absence of actual fraud.
2955. If the owners (as defined in the law under which it is
proposed to proceed) of 15 per cent of the area of the proposed
assessment district do not so demand the making of the investigation
provided by this division, the legislative body shall be at full
liberty to proceed under the statute under which it has declared its
intention to carry through the contemplated proceedings without any
further restrictions whatsoever by reason of the terms or provisions
of this division except that the majority protest provisions of this
division shall apply.
2956. If the owners of 15 per cent or more of the area of the
proposed district so demand the making of such investigation, all
provisions of this division shall apply to the proposed proceeding,
if any further steps are taken therein by the legislative body.