5830-5841

HARBORS AND NAVIGATION CODE
SECTION 5830-5841




5830.  At the time and place specified in the notice the board of
supervisors shall consider the petition and may continue the hearing
from time to time not exceeding a period of ninety days.



5831.  A certificate issued by the assessor of the county and filed
in the proceedings, which states that the name of any signer of the
petition appears upon the last equalized assessment-roll of the
county for land assessed to him or her and located within the
boundaries of the proposed district, is prima facie evidence that the
signer is a freeholder within the proposed district.
   A certificate signed by the county elections official, which
states that the name of any signer of the petition is registered and
uncanceled as a voter of the county and that he or she resides within
the boundaries of the proposed district, is prima facie evidence
that the signer is a registered voter within the proposed district.




5832.  At the hearing, the board of supervisors may change the
exterior boundaries of the proposed district, as set forth in the
petition, by excluding lands which would not be benefited by the
improvement or development of the harbor.


5833.  The board of supervisors may also change the exterior
boundaries of the proposed district, as set forth in the petition by
adding to the proposed district other contiguous lands which will be
benefited by the improvement or development of the harbor.




5834.  Land may not be added to the proposed district until notice
is served upon the owner of the lands proposed to be added.
   The notice may be personally served upon the owner or published
for the same period of time and in the same paper as the original
petition and notice of hearing.
   The notice shall state the day, hour, and place at which the owner
will be heard and shall generally describe the lands proposed to be
added to the proposed district.



5835.  The board of supervisors shall investigate and determine:
   (a) If the improvement or development work generally described in
the petition is feasible.
   (b) If, when completed it will result in the improvement or
development of the harbor.
   (c) If the estimated cost and incidental expenses are the
reasonable and necessary costs of the improvement or development work
and incidental expenses.
   For the purpose of investigation and determination, it may submit
the improvement or development work described in the petition to
engineers for examination and report.



5836.  If it appears, and the board of supervisors finds that it is
necessary, in order to make a sufficient and adequate examination, to
continue the hearing beyond ninety days, the board may for that
purpose continue the hearing for not longer than six months from the
date of the presentation of the petition.


5837.  If the improvement, development, protection, maintenance,
management or control of a harbor or any part thereof, proposed to be
imporved or developed, is vested in or exercised by a harbor
commission, the petition shall be submitted to and approved by the
harbor commission, before it is presented to the board of
supervisors, and all investigations of the improvement or development
work, and its estimated cost, ordered or directed to be made by the
board of supervisors, shall be made by or under and subject to the
approval of the harbor commission.



5838.  Neither the board of supervisors or the harbor commission, if
one exists, is bound by the improvement or development work
described in the petition, or by the estimated cost set forth, but it
may find that other, different, or less amount of improvement or
development work should be done, and find the estimated cost and the
incidental expenses.



5839.  Upon final hearing, the board of supervisors shall have a
finding of facts entered upon the minutes of the meeting if it
appears that:
   (a) The petition and notice of hearing have been duly published.
   (b) The petition is signed by a sufficient number of persons who
possess the required qualifications.
   (c) A harbor exists within the county, some portion of which is
contained within the exterior boundaries set forth in the petition.
   (d) It can be improved and developed as generally described in the
petition at a cost not disproportionate to the benefit to be derived
from the improvement and development.
   (e) The improvement or development has the approval of the harbor
commission, if one exists.



5840.  The finding of facts required to be made by the board of
supervisors shall set forth:
   (a) The name of the proposed district, as set forth in the
petition.
   (b) The official name or name by which the harbor is commonly
known.
   (c) A description of the exterior boundaries of the territory to
be included within the proposed district, as originally set forth in
the petition, or as they may have been changed by the inclusion or
exclusion of lands.
   (d) The improvement or development work to be done.
   (e) The estimated cost, and the incidental expenses.




5841.  The findings are conclusive evidence of the existence of
every fact found by the board of supervisors and of the due signing
and publication of the petition and of the publication or personal
service of all prior notices, and vest the board with authority to
proceed pursuant to this part.