22620-22631

STREETS AND HIGHWAYS CODE
SECTION 22620-22631




22620.  This chapter applies to all annual assessments levied after
the formation of an assessment district, except annual assessments to
pay the principal of, and interest on, previously issued bond debt
or notes.


22621.  Proceedings shall be taken pursuant to this chapter for any
fiscal year during which an assessment is to be levied and collected
within an existing assessment district.



22622.  The legislative body shall adopt a resolution which shall
generally describe any proposed new improvements or any substantial
changes in existing improvements and order the engineer to prepare
and to file a report in accordance with Article 4 (commencing with
Section 22565) of Chapter 1 of this part.



22623.  Upon completion, the engineer shall file the report with the
clerk for submission to the legislative body. The legislative body
may approve the report, as filed, or it may modify the report in any
particular and approve it as modified.



22624.  After approval of the report, either as filed or as
modified, the legislative body shall adopt a resolution of intention.
The resolution shall:
   (a) Declare the intention of the legislative body to levy and
collect assessments within the assessment district for the fiscal
year stated therein.
   (b) Generally describe the existing and proposed improvements and
any substantial changes proposed to be made in existing improvements.
   (c) Refer to the assessment district by its distinctive
designation and indicate the general location of the district.
   (d) Refer to the report of the engineer, on file with the clerk,
for a full and detailed description of the improvements, the
boundaries of the assessment district and any zones therein, and the
proposed assessments upon assessable lots and parcels of land within
the district.
   (e) Give notice of the time, as fixed by Section 22625, and the
place for hearing by the legislative body on the levy of the proposed
assessment.
   (f) State whether the assessment is proposed to increase from the
previous year.



22625.  The date, hour, and place of the hearing is hereby fixed as
the date, hour, and place of a regular meeting before August 10, as
specified in any ordinance, resolution, or order of the legislative
body fixing the time and place of its regular meetings.



22626.  Notice of the hearing shall be given by either of the
following methods:
   (a) If the assessments are to be levied in the same or lesser
amounts than in any previous year, the clerk shall give notice by
causing the resolution of intention to be published pursuant to
Sections 22552 and 22553.
   (b) If the assessments are to be increased from any previous year,
the legislative body shall cause notice of the public hearing with
respect to the increase to be given pursuant to Section 53753 of the
Government Code.



22628.  Any interested person may, prior to the conclusion of the
hearing, file a written protest with the clerk or, having previously
filed a protest, may file a written withdrawal of that protest. A
written protest shall state all grounds of objection. A protest by a
property owner shall contain a description sufficient to identify the
property owned by him.



22629.  If notice is given pursuant to subdivision (a) of Section
22626, the legislative body shall hold the public hearing pursuant to
Section 53753 of the Government Code at the time and place specified
in the notice and in any order continuing the hearing. If notice is
given pursuant to subdivision (b) of Section 22626, the legislative
body shall hold the public meeting and public hearing held pursuant
to Section 53753 of the Government Code at the time and place
specified in the joint notice and in any order continuing the
hearing. All interested persons shall be afforded the opportunity to
hear and be heard. The legislative body shall consider all oral
statements and all written protests made or filed by any interested
person. The legislative body may continue the hearing from time to
time, provided that no continuance shall be made to a date subsequent
to August 10 without the prior consent of the county auditor.



22630.  During the course or upon the conclusion of the hearing, the
legislative body may order changes in any of the matters provided in
the report, including changes in the improvements, any zones within
the assessment district, and the proposed diagram or the proposed
assessment.


22630.5.  If there is a majority protest against the levy of an
annual assessment after the formation of the assessment district that
is increased from any previous year, the proposed increase in the
assessment shall be abandoned. For purposes of this section,
"majority protest" has the same meaning as provided in Section 53753
of the Government Code. For purposes of this section, "increased
assessment" shall have the same meaning as provided in Section
54954.6 of the Government Code.



22631.  If a majority protest has not been filed, the legislative
body may adopt a resolution confirming the diagram and assessment,
either as originally proposed or as changed by it. The adoption of
the resolution shall constitute the levy of an assessment for the
fiscal year referred to in the assessment.