8730-8734

STREETS AND HIGHWAYS CODE
SECTION 8730-8734




8730.  If any lot or parcel of land upon which there is an unpaid
assessment against which a bond has been issued under this division,
is divided, including a division into condominium interests as
defined in Section 783 of the Civil Code, or the ownership of a
portion of such lot or parcel of land is transferred to another
person, the legislative body may order the street superintendent to
file with the clerk an amended assessment of the original parcel of
land affected by such division or transfer of ownership, segregating
and apportioning the unpaid installments of the original assessment
in accordance with the benefits to the several parts of the original
lot or parcel plus costs and fees of making the apportionment. The
legislative body shall, at the time of ordering the amended
assessment, fix the amount of costs and fees for preparing the
amended assessment, the notices, and the amended assessment diagram.



8731.  The street superintendent shall file with the clerk a report
and an amended assessment of the lots or parcels of land described in
the order of the legislative body, together with a map or plat
showing how such lots or parcels have been divided. The total amount
of the assessments of the several portions of any one original lot or
parcel shall be equal to the unpaid assessments upon the original
lot or parcel of land, plus the costs and fees for making the amended
assessment, the notices, and the amended assessment diagram as
determined by the legislative body under Section 8730. The street
superintendent shall apportion the costs and fees to the respective
parcels in proportion to the amount of the divided assessments
against the parcels. Prior to making a division and prior to making
the amended assessment, the street superintendent shall notify the
owner of the original parcel assessed, as the name of the owner
appears on the last equalized roll for taxes, or as it is known to
the street superintendent, of the order of the legislative body
fixing the costs and fees of the apportionment, and directing that
the payment thereof be made to the superintendent of streets within
15 days of the notification. In the event the amount of the costs and
fees of the apportionment is not paid within 15 days of the
notification, the superintendent of streets shall proceed to prepare
the amended assessment and shall show separately thereon, but as a
part of the total, the amount of costs and fees chargeable to each
divided parcel. The street superintendent shall deposit all such
costs and fees in the general fund of the treasury.



8732.  Upon the filing of the street superintendent's report and
amended assessment the clerk shall fix a time and place for a hearing
upon the amended assessment and shall give notice of the hearing by
publication. The notice shall contain a statement of the time fixed
for the hearing upon the amended assessment and any objections
thereto, which time shall not be less than 15 days from the first
publication of the notice. The notice shall contain a reference to
the original assessment and to the improvement proceedings, and shall
refer to the report and map or plat of the amended assessment for
particulars and no other description of the lots or parcels of land
affected thereby shall be necessary.


8733.  All persons interested in the original assessment, or in the
lands affected thereby or in the bonds secured thereby, may, at the
time of the hearing or at the time to which the hearing may be
continued, appear and protest against the amended assessment. At the
hearing the legislative body shall hear and determine all objections
to the division of the assessments and shall confirm or modify the
same. All determinations and decisions of the legislative body shall
be conclusive upon all persons entitled to object under the
provisions of this section. Final action of the legislative body upon
the report and amended assessment shall be taken on or before the
fifteenth day of July of any year.



8734.  The clerk shall file the amended assessment as confirmed or
modified by the legislative body with the auditor, who shall annually
thereafter enter upon the assessment roll the installments becoming
due on each component part of the original parcel opposite a
description of the respective parcels so assessed. The amount charged
for fees and costs as shown on the amended assessment as to each
parcel shall be entered upon the assessment roll and shall be
collected along with the first installment of the amended assessment.
The street superintendent shall deposit all such costs and fees in
the general fund of the treasury.
   When a city is conducting the proceedings and collections upon the
assessments are made by county officials the city clerk shall
transmit a copy of the amended assessment to the county auditor.
   The amended assessment shall be accompanied by an amended map or
plat prepared pursuant to Section 8731. Such amended map or plat
shall be designated "amended assessment diagram amending Assessment
No. ____, Assessment District ____, State of California." The amended
map or plat shall substantially conform to the requirements and
specifications provided for in Section 3114, and shall be filed by
the clerk in the office of the county recorder. The county recorder
may charge an appropriate fee for the expense incurred in filing the
amended map or plat. The map or plat shall be cross-indexed by the
recorder to the original assessment diagram which it amends.
   The amended map or plat shall include on its face that it amends
the assessment diagram for (here insert name or number of assessment
district or both name and number of assessment district, together
with city or county or both city and county), State of California
prior recorded at Book ____ of Maps of Assessment Districts at page
____, in the office of the County Recorder for the County of ____,
State of California.