text: Any city collecting garbage fees or charges may collect delinquent fees or charges in the manner provided in Section 25831 for counties.

history: (History: Added by Stats. 1972, Ch. 175.)

title: 4. GOVERNMENT OF CITIES

article: 7. Miscellaneous


kind: section

code: GOV

text: By ordinance the legislative body of a city may provide for a chief executive who, during periods of great public calamity such as extraordinary fire, flood, storm, epidemic, earthquake, sabotage or enemy attack, shall have complete authority over the city and the right to exercise all police power vested in the city by the Constitution and general laws.

history: (History: Amended by Stats. 1955, Ch. 624.)

division: 3. OFFICERS

title: 4. GOVERNMENT OF CITIES

chapter: 10. Health and Safety

article: 7. Miscellaneous

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 10. Health and Safety > 7. Miscellaneous


text:
(a) The legislative body of a city may impose and collect a license fee for a period not to exceed two years and not exceeding the cost of services relating to dogs, including, but not limited to, animal shelters and control and the programs specified in Section 30652 of the Food and Agricultural Code, provided by the city, on every dog owned or harbored within the city limits. The license fee for spayed bitches and neutered males shall not exceed 50 percent of the license fee otherwise imposed.

(b) In addition to the authority provided in subdivision (a), the legislative body of a city may impose and collect a license fee, as described in subdivision (a), for a period not to exceed three years for dogs that have attained the age of 12 months or older and have been vaccinated. The person from whom the license fee is collected pursuant to this subdivision may choose a license period as established by the legislative body of up to one, two, or three years. However, when imposing and collecting a license fee pursuant to this subdivision, the license period shall not extend beyond the remaining period of validity for the current rabies vaccination. The license fee for spayed bitches and neutered males, under this subdivision, shall not exceed 50 percent of the license fee otherwise imposed.

history: (History: Amended by Stats. 1987, Ch. 1184, Sec. 5.)

title: 4. GOVERNMENT OF CITIES

article: 7. Miscellaneous


text: As a means of implementing a municipal underground utility district formed to remove existing overhead utility lines and to require property owners of the district, served by such lines, to prepare their properties to accept underground utility lines, cities may provide by ordinance that if any property owner, after due notice, refuses to comply within a reasonable time to effect such removal or preparation in accordance with the applicable rules of the utility involved the city may cause such work to be done and assess the costs thereof against the property and that such assessment shall become a lien against the property. The assessment may be collected at the same time and in the same manner as ordinary municipal ad valorem taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of municipal ad valorem taxes shall be applicable to such assessment.

history: (History: Added by Stats. 1969, Ch. 492.)

title: 4. GOVERNMENT OF CITIES

article: 7. Miscellaneous


text: The legislative body of a city may contract for ambulance service to serve the residents of the city as convenience requires.

history: (History: Added by Stats. 1971, Ch. 182.)

title: 4. GOVERNMENT OF CITIES

article: 7. Miscellaneous


text: A city legislative body may construct, establish, and maintain drains and sewers.

history: (History: Added by Stats. 1949, Ch. 79.)

title: 4. GOVERNMENT OF CITIES

chapter: 11. Sewers Generally

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 11. Sewers Generally


text:
A city may reclaim public and private lands therein by levees, bulkheads, breakwaters, fills, embankments, basins, drains, canals, excavations, sluices, pipes, watergates, pumping plants, and all works and structures useful therefor. This work is a local improvement and a municipal affair. The costs of reclamation shall be borne solely by the lands reclaimed.

This section shall not be construed as affecting any public district or public entity now or hereafter established and having similar powers.

history: (History: Amended by Stats. 1991, Ch. 1226, Sec. 7.5.)

title: 4. GOVERNMENT OF CITIES


text:
A city may, pursuant to the notice, protest, and hearing procedures in Section 53753, fix an annual sewer service standby or immediate availability charge to be applied on an area or frontage or parcel basis, or a combination thereof, within the city to be charged to such areas to which sewer service is made available for any purpose by the city, whether the sewer service is actually used or not. If the procedures set forth in this section as it read at the time a standby charge was established were followed, the city council may, by resolution, continue the charge pursuant to this section in successive years at the same rate. If new, increased, or extended assessments are proposed, the city council shall comply with the notice, protest, and hearing procedures in Section 53753. The city may establish schedules varying such charge according to the land uses and the degree of availability or quantity of use of such sewer service to the affected lands, and may restrict such charge to lands lying within one or more zones or areas of benefits established within such city.

The city may collect the standby or availability charge by billing the charged lands on a fiscal year basis or by other means available.

The city may collect the standby or availability charge as a part of the annual general county tax bill provided the city furnishes in writing to the board of supervisors and to the county auditor the description of each parcel for which a charge is to be billed together with the amount of the charge applicable to each parcel in sufficient time to meet the schedule established by the county for inclusion of such items on the county general tax bill. The parcel description may be the parcel number assigned by the county assessor to the parcel. In such case, the standby or availability charge shall become a lien against the parcel of land to which it is charged in the same manner as the county general taxes. Penalties may be collected for late payment of the standby or availability charge or the amount thereof unpaid in the manner and at the same rates as that applicable for late payment or the amount thereof unpaid of county general taxes.

If the city collects standby charges through the county general tax bill, the amount of the standby charge and any applicable penalty shall be stated on the tax bill separately from all other taxes, if practicable.

history: (History: Amended by Stats. 2007, Ch. 27, Sec. 3. Effective January 1, 2008.)

title: 4. GOVERNMENT OF CITIES


text: The legislative body may compel the owner, lessee, or occupant of buildings, grounds, or lots to remove dirt, rubbish, weeds, and rank growths from buildings or grounds and adjacent sidewalks. If the person compelled by the legislative body defaults, after notice prescribed by the legislative body, it may authorize the removal or destruction of the dirt, rubbish, weeds, and rank growths at that person’s expense by a city officer. The legislative body may prescribe a procedure for the removal or destruction and make the expense a lien upon the buildings or grounds.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 31. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES

chapter: 13. Weed and Rubbish Abatement

article: 1. General

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 13. Weed and Rubbish Abatement > 1. General


text:
By ordinance the legislative body may:

(a) Require and provide for the removal of grass, weeds, or other obstructions from the sidewalks, parkings, or streets and make the cost of removal a lien upon the abutting property.

(b) Require or provide for the removal from property, lands, or lots of all weeds, rubbish, or other material dangerous or injurious to neighboring property or the health or welfare of residents of the vicinity and make the cost of removal a lien upon the property.

(c) Provide for the enforcement of the lien by the sale of the property or otherwise.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
(a) “Superintendent” means street superintendent, the superintendent’s assistants and deputies, or other public officer designated by the legislative body to perform the duties imposed by this article upon the superintendent.

(b) “Weeds” means weeds which when mature bear wingy or downy seeds, which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous.

(c) “Street” includes public street, alley, lane, court, or other place.

(d) “In front of which the nuisance exists” includes to the rear of or abutting the property upon which the nuisance exists.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 32. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 13. Weed and Rubbish Abatement > 2. Alternative Procedures


text:
The legislative body may declare by resolution as public nuisances, and abate:

(a) All weeds growing upon the streets, sidewalks, or private property in the city.

(b) All rubbish, refuse, and dirt upon parkways, sidewalks, or private property in the city.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text:
“Weeds,” as used in this article, includes any of the following:

(a) Weeds which bear seeds of a downy or wingy nature.

(b) Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property.

(c) Weeds which are otherwise noxious or dangerous.

(d) Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health.

(e) Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard.

history: (History: Added by Stats. 1963, Ch. 90.)

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text:
The resolution shall:

(a) Refer to the street by its commonly known name.

(b) Describe the property upon which or in front of which the nuisance exists by giving its lot and block number according to the official or city assessment map.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text:
At the time it adopts the resolution as provided for by Sections 39561 and 39562, the legislative body may also find and declare that weeds on specified parcels of property are seasonal and recurrent nuisances.

Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of this article, provided, that upon the second and any subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further hearings need be held and it shall be sufficient to mail a post card notice to the owners of the property as they and their addresses appear upon the current assessment roll.

The notice shall refer to and describe the property and shall state that noxious or dangerous weeds of a seasonal and recurrent nature are growing on or in front of the property, and that the same constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds, and that otherwise they will be removed and the nuisance will be abated by the city authorities, in which case the cost of such removal shall be assessed upon the parcel and lands from which or in front of which such weeds are removed and that upon confirmation such cost will constitute a lien upon such parcel or lands until paid.

history: (History: Added by Stats. 1968, Ch. 127.)

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text:
In any case where cities are authorized to abate weeds pursuant to the provisions of this chapter and where the legislative body finds and declares that weeds on specified parcels of property are seasonal and recurrent nuisances as provided in Section 39562.1, the legislative body may provide for the preventive abatement of such seasonal and recurrent nuisance as provided in this section.

The notice required by Section 39562.1 shall, in addition to containing all other required matters, state that the efficient and economical control of such seasonal and recurrent nuisance requires preventive chemical control of such weeds, weed seeds and weed seedlings and that the city may require preventive chemical control of such nuisance.

In the event the city is once required to abate such nuisance the city may, in addition, before and during the next following germinating season of such weeds, provide for the preventive abatement of such nuisance by using chemical control of such weeds.

history: (History: Added by Stats. 1970, Ch. 577.)

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: Any number of streets, sidewalks, or parcels of private property may be included in one resolution.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text:
After passage of the resolution, the superintendent shall cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. The superintendent shall post:

(a) One notice to each separately owned parcel of property of not over fifty feet frontage.

(b) Not more than two notices to any parcel of one hundred feet frontage or less.

(c) Notices at not more than one hundred feet apart if the frontage of a parcel is greater than one hundred feet.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 33. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: The heading of the notices shall be “Notice to destroy weeds and remove rubbish, refuse, and dirt” in letters not less than one inch in height.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: The notice shall be substantially in the following form: NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE, AND DIRTNotice is hereby given that on the ____ day of ____, 19__, the (name of the legislative body) passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street, and that rubbish, refuse, and dirt were upon or in front of property on this street, in ____, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal of the weeds, rubbish, refuse, and dirt. Otherwise they will be removed and the nuisance abated by the city and the cost of removal assessed upon the land from or in front of which the weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the city clerk.All property owners having any objections to the proposed removal of the weeds, rubbish, refuse, and dirt are hereby notified to attend a meeting of the (name of the legislative body) of (city or town) to be held (give date), when their objections will be heard and given due consideration. Dated this _______day of _______, 19__. Street Superintendent(City of ______)

history: (History: Amended by Stats. 1951, Ch. 794.)

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: The notices shall be posted at least five days prior to the time for hearing objections by the legislative body.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text:
As an alternative to posting notice of the resolution and notice of the meeting when objections will be heard, the legislative body may direct the city clerk to mail written notice of the proposed abatement to all persons owning property described in the resolution. The city clerk shall cause such written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the legislative body.

In cities where the county assessor performs the functions of city assessor, the county assessor, at the request of the city clerk, shall within 10 days thereafter mail to the city clerk a list of the names and addresses of all of the persons owning property described in the resolution. The address of the owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. The city shall reimburse the county for the actual cost of furnishing such list and the cost shall be a part of the costs of abatement.

The notices mailed by the city clerk shall be mailed at least five days prior to the time for hearing objections by the legislative body.

The notices mailed by the city clerk shall be substantially in the form provided by Section 39566, except, that notices shall be signed by the city clerk and the heading of the notice need not comply with Section 39565.

history: (History: Added by Stats. 1959, Ch. 1889.)

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: At the time stated in the notices, the legislative body shall hear and consider all objections to the proposed removal of weeds, rubbish, refuse, and dirt. It may continue the hearing from time to time.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: By motion or resolution at the conclusion of the hearing the legislative body shall allow or overrule any objections. At that time the legislative body acquires jurisdiction to proceed and perform the work of removal.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: The decision of the legislative body is final.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: If objections have not been made or after the legislative body has disposed of those made, it shall order the superintendent to abate the nuisance by having the weeds, rubbish, refuse, and dirt removed. The order shall be made by motion or resolution.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: The superintendent may enter upon private property to abate the nuisance.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: Before the superintendent arrives, any property owner may remove the weeds, rubbish, refuse, and dirt at the owner’s own expense. Nevertheless, in any case in which an order to abate is issued, the legislative body by motion or resolution may further order that a special assessment and lien be imposed pursuant to Section 39577. In that case the assessment and lien shall be limited to the costs incurred by the responsible agency in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical, and other related costs.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 34. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: The superintendent shall keep an account of the cost of abatement in front of or on each separate parcel of land where the superintendent performs the work. The superintendent shall submit to the legislative body for confirmation an itemized written report showing the cost of the abatement.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 35. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: A copy of the report shall be posted for at least three days prior to its submission to the legislative body on or near the chamber door of the legislative body, with a notice of the time of submission.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: At the time fixed for receiving and considering the report, the legislative body shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The legislative body shall then confirm the report by motion or resolution.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: Abatement of the nuisance may in the discretion of the legislative body be performed by contract awarded by the legislative body on the basis of competitive bids let to the lowest responsible bidder pursuant to Sections 37903, 37904, 37905 and 37931 to 37935 inclusive of this code. In such event the contractor shall keep the account and submit the itemized written report for each separate parcel of land required by Section 39574.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: The cost of abatement in front of or upon each parcel of land and the costs incurred by the responsible agency in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical and other related costs, constitutes a special assessment against that parcel. After the assessment is made and confirmed, a lien attaches on the parcel upon recordation of the order confirming the assessment in the office of the county recorder of the county in which the property is situated, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes as imposed by Section 39578 would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the costs of abatement and the costs of enforcing abatement, as confirmed, relating to such property shall be transferred to the unsecured roll for collection.

history: (History: Amended by Stats. 1982, Ch. 352, Sec. 2.)

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: Except as provided in Section 39577, after confirmation of the report, a copy shall be given to the county auditor, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes.

history: (History: Amended by Stats. 2006, Ch. 643, Sec. 8. Effective January 1, 2007.)

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: Except as provided in Section 39577, if the county assessor and the tax collector assess property and collect taxes for the city, a certified copy of the report shall be filed with the county auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor’s map books for the current year.

history: (History: Amended by Stats. 1975, Ch. 911.)

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: The county auditor shall enter each assessment on the county tax roll opposite the parcel of land.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text:
The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes.

The legislative body may determine that, in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, such assessments of fifty dollars ($50) or more may be made in annual installments, in any event not to exceed five, and collected one installment at a time at the times and in the manner of ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for foreclosure and sale provided for ordinary municipal taxes. The payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the legislative body, not to exceed 6 percent per annum.

history: (History: Amended by Stats. 1980, Ch. 676.)

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: As an alternative method the county tax collector in his discretion may collect the assessments without reference to the general taxes by issuing separate bills and receipts for the assessments.

history: (History: Added by Stats. 1949, Ch. 79.)

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: Laws relating to the levy, collection, and enforcement of county taxes apply to such special assessment taxes.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: The superintendent may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report and until 10 days before a copy is given to the county auditor, or, where a certified copy is filed with the county auditor, until August 1st following the confirmation of the report.

history: (History: Amended by Stats. 2006, Ch. 643, Sec. 9. Effective January 1, 2007.)

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: The legislative body may order refunded all or part of a tax paid pursuant to this article if it finds that all or part of the tax has been erroneously levied. A tax or part shall not be refunded unless a claim is filed with the clerk of the legislative body on or before November 1st after the tax became due and payable. The claim shall be verified by the person who paid the tax or by the person’s guardian, conservator, executor, or administrator.

history: (History: Amended by Stats. 1979, Ch. 730.)

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: If the legislative body finds that property damage was caused by the negligence of a city officer or employee in connection with the abatement of a nuisance pursuant to this article, a claim for such damages may be paid from the city general fund. Claims therefor are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of this code.

history: (History: Amended by Stats. 1963, Ch. 1715.)

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: The proceedings provided by this article are an alternative to any procedure established by ordinance pursuant to Article 1 (commencing with Section 39500).

history: (History: Amended by Stats. 1985, Ch. 106, Sec. 68.)

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: The lien of said assessment shall have the priority of the taxes with which it is collected.

history: (History: Added by Stats. 1963, Ch. 1465.)

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Procedures


text: The legislative body shall require every residential unit in an apartment house or similar multiunit residential structure, condominium, and mobilehome park for which a building permit has been obtained on or after July 1, 1982, other than a dormitory or other housing accommodation provided by any postsecondary educational institution for its students or employees and other than farmworker housing, to be individually metered for electrical and gas service, except that separate metering for gas service is not required for residential units which are not equipped with gas appliances requiring venting or which receive the majority of energy used for water or space heating from a solar energy system or through cogeneration technology.

history: (History: Added by Stats. 1981, Ch. 701, Sec. 1.)

title: 4. GOVERNMENT OF CITIES

chapter: 14. Municipal and Public Utilities

article: 1. General

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 14. Municipal and Public Utilities > 1. General


text: By gift, purchase, or eminent domain, a legislative body may acquire any existing ferry system, including any franchise or license, boats and vessels, land and interest in land, slips, wharves, piers, landing places, approaches, and equipment and facilities used or for use in the maintenance and operation thereof. The legislative body may operate the ferry system as a toll or free ferry upon navigable waters within or adjacent to the city boundaries. The cost of acquisition and operation may be paid from the city general fund, from revenues of the ferry system, or from any other funds that may be legally applied to such purpose.

history: (History: Amended by Stats. 1953, Ch. 735.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The legislative body, in connection with the acquisition or otherwise, may contract with any person, firm, or corporation for the operation or management of any ferry system acquired or owned by the city upon such terms and provisions as it may determine.

history: (History: Added by Stats. 1953, Ch. 735.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: Neither the State nor any subdivision, authority, or agency thereof, nor any public corporation, district, or authority, shall construct or operate any bridge, tunnel, or transportation facility, which by its operation, will compete with and materially damage the property or injure the business or revenues of any toll-ferry system owned by any fifth or sixth class city, without first making adequate provision for just and reasonable compensation for the damage or loss of the property and revenues of such ferry system.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
The legislative body may:

(a) Acquire, own, construct, maintain, and operate bus lines, street railways, steam railway spur tracks, telephone and telegraph lines, gas and other works for light, power, and heat, public libraries, museums, gymnasiums, parks, and baths.

(b) Grant franchises for the construction of public utilities it deems proper, the laying of railroad tracks and the running of cars on the tracks, and the laying of gas and water pipes in public streets.

(c) Permit the construction and maintenance of telegraph and telephone lines.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: As used in this article, “facility” means any works, road, railroad, tramway, power plant, telegraph or telephone line, or other necessary works or structures.

title: 4. GOVERNMENT OF CITIES

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 14. Municipal and Public Utilities > 2. Facilities in Aid of Public Utilities


text: A city may construct, equip, use, maintain, and operate any facility, within or without the city or the county where the city is located, for the preparation, manufacture, handling, or transporting of any materials or supplies required in the construction or completion by the city of any public work, improvement, or utility.

title: 4. GOVERNMENT OF CITIES

article: 2. Facilities in Aid of Public Utilities


text: For the purpose of constructing, equipping, using, maintaining, or operating any facility, the city may lease or acquire by purchase, condemnation, or otherwise and hold and use any land, rights of way, water, water rights, quarry, gravel bed, other mineral deposits, or any other necessary property, within or without the city or the county where the city is located.

title: 4. GOVERNMENT OF CITIES


text:
When authorized by a two-thirds vote of the members of its legislative body at a regular meeting, a city, for the purpose of breaking, crushing, or otherwise preparing gravel or rock to be used in making, paving, improving, or repairing its streets, may do any and all of the following:

(a) Acquire, lease, purchase, and operate any gravel bed or quarry within the county where the city is situated.

(b) Equip and operate a plant for preparing gravel or rock at the gravel bed or quarry, or within the city.

(c) Acquire, lease, or purchase and maintain all necessary roads, rights of way, and tramways over which to transport gravel or rock from the gravel bed or quarry to the city, and all necessary appliances for that purpose.

history: (History: Added by Stats. 1951, Ch. 330.)

title: 4. GOVERNMENT OF CITIES


text: This article does not extend or enlarge any limitation prescribed by law or charter upon taxation, expenditure of public funds, or the incurring of indebtedness by a city.

history: (History: Added by renumbering Section 39793 by Stats. 1951, Ch. 330.)

title: 4. GOVERNMENT OF CITIES


text: When a city legislative body determines that it is beneficial to the city and if an equal or greater sum of money has been made available from private sources, it may appropriate and expend money from the general fund for making surveys, maps, plans, and plats and for obtaining information preliminary to the development, improvement, and construction of a deep water canal, waterway, or water facilities for transportation purposes across, in, or along the county where the city is located or any adjoining county.

title: 4. GOVERNMENT OF CITIES

chapter: 15. Rivers, Streams, and Harbors

article: 1. General

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 15. Rivers, Streams, and Harbors > 1. General


text:
A city whose limits include or bound upon a harbor, bay, estuary, or other navigable body of water may:

(a) Establish, acquire, construct, improve, and maintain in, upon, and along the body of water, piers, docks, wharves, bulkheads, quays, and other necessary works.

(b) Construct, improve, dredge, deepen, or straighten, channels, turning basins, canals, slips, and waterways to, from, and along such works and connecting with any other navigable water within or without the city limits.

(c) Do any thing necessary or convenient to the establishment, improvement, conduct, and maintenance of a harbor, and in furtherance of commerce and navigation.

This section does not affect or limit a person’s use and enjoyment of property rights, nor grant a city the right to destroy, injure, impair, or interfere with any private or quasi-public property or property rights, leasehold, or otherwise, or to the use and enjoyment of the property.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 36. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
As used in this article:

(a) “Navigable water” includes a harbor, bay, inlet, and estuary.

(b) “Tidelands” includes submerged lands.

(c) “Owns tidelands” means by grant from the State, or otherwise, owns, holds, or possesses tidelands or the title to such lands.

title: 4. GOVERNMENT OF CITIES

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 15. Rivers, Streams, and Harbors > 2. Establishment of Harbor Lines by Cities Generally


text: By ordinance a city which owns tidelands situated within the city boundaries and fronting on a navigable water within the city boundaries may fix and establish harbor lines, both pierhead and bulkhead lines, in and for the navigable water. By ordinance the city may change or abolish the harbor lines as the public interest or the needs of commerce and navigation require.

title: 4. GOVERNMENT OF CITIES

article: 2. Establishment of Harbor Lines by Cities Generally


text: A city may exercise such power to the same extent which the State may exercise it or to which the State can grant such power to a city. Harbor lines shall not be fixed or established beyond or outside harbor lines established by the United States.

title: 4. GOVERNMENT OF CITIES


text: All navigable waters situated within or adjacent to city shall remain open to the free and unobstructed navigation of the public. Such waters and the water front of such waters shall remain open to free and unobstructed access by the people from the public streets and highways within the city. Public streets, highways, and other public rights of way shall remain open to the free and unobstructed use of the public from such waters and water front to the public streets and highways.

title: 4. GOVERNMENT OF CITIES


text:
To secure the benefits of this article and of Article XV of the Constitution to such city and to the people generally, a city in which a navigable water is situated may:

(a) By ordinance establish public streets and other public rights of way to the water over, upon, or along the tidelands in the city fronting on the navigable water, which streets and rights of way are required for connecting the navigable water with public streets of the city or for any other public purpose.

(b) Lay out, open, widen, narrow, close up, construct, maintain, and improve such streets and other public rights of way.

(c) Fill or authorize to be filled all or part of tidelands between the streets and between the mainland and established harbor lines. If lands are filled in, sufficient streets shall be opened and maintained open through or adjacent to the filled lands to allow the public convenient and adequate access to and along the water front of the lands and to the navigable waters.

title: 4. GOVERNMENT OF CITIES


text: The authority granted by this article may be exercised by a city over, along, or upon the water frontage or tidelands which it owns or which one claimed or possessed by any person.

title: 4. GOVERNMENT OF CITIES


text: City ordinances for the laying out, establishing, opening, constructing, maintaining, or otherwise improving of public streets and other public rights of way adopted prior to August 10, 1913, are confirmed and validated.

title: 4. GOVERNMENT OF CITIES


text:
When by ordinance a city declares that any right of way to a body of navigable water in the city over, upon, or along the frontage of city tidelands is required for any public purpose, a person claiming or possessing such frontage or tidelands shall not:

(a) Hinder the city in laying out, establishing, opening, constructing, or otherwise improving or maintaining the right of way.

(b) Exclude the right of way.

(c) Obstruct or prevent its free use by the city or the public generally.

title: 4. GOVERNMENT OF CITIES


text: Ordinances of a city owning tidelands fronting on a navigable water situated within the city boundaries which were adopted prior to August 10, 1913, and which fix harbor lines upon or adjacent to such tidelands are confirmed and validated unless they extend beyond harbor lines established by the United States.

title: 4. GOVERNMENT OF CITIES


text:
The legislative body may:

(a) Improve the rivers and streams flowing through or adjoining the city, widen, straighten, and deepen their channels, and remove obstructions from them.

(b) Acquire and improve public mooring places for water craft.

(c) Improve the city water front, including the ocean front, and build and construct breakwaters, jetties, and sea wall.

(d) Construct and maintain embankments and other works to protect the city from overflow.

title: 4. GOVERNMENT OF CITIES

article: 3. Powers

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 15. Rivers, Streams, and Harbors > 3. Powers


text: It may also acquire, own, construct, maintain, and operate wharves, chutes, piers, breakwaters, bathhouses, and life saving stations on lands bordering on a navigable bay, lake, inlet, river, creek, slough, or arm of the sea within the city limits or contiguous thereto.

title: 4. GOVERNMENT OF CITIES

article: 3. Powers


text:
Pursuant to contract and through its legislative body, a city may join with another city of the same class or with a county in:

(a) Acquiring an existing ferry and franchise, wharf, or landing place necessary for its operation.

(b) Operating the ferry upon navigable waters within or adjacent to the limits of both cities or of the county and the city.

title: 4. GOVERNMENT OF CITIES

article: 3. Powers


text: Each contracting party may pay its proportionate share of the cost of acquiring and operating the ferry out of its general fund.

title: 4. GOVERNMENT OF CITIES

article: 3. Powers


text: In the discretion of the legislative bodies of the contracting parties, the ferry may be operated either as a toll or free ferry.

title: 4. GOVERNMENT OF CITIES

article: 3. Powers


text: By ordinance the legislative body may appropriate a sum for a city publicity or advertising fund.

title: 4. GOVERNMENT OF CITIES

chapter: 16. Advertising

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 16. Advertising


text: The money appropriated may be used in the manner and for the purposes recited in the ordinance making the appropriation.

title: 4. GOVERNMENT OF CITIES


text: This chapter is alternative to any other statute giving similar powers.

title: 4. GOVERNMENT OF CITIES


text: Pursuant to this article, the legislative body may take a census of the city between the years of taking the federal census. That census shall be validated by the Demographic Research Unit of the Department of Finance.

history: (History: Amended by Stats. 2019, Ch. 29, Sec. 113. (SB 82) Effective June 27, 2019.)

title: 4. GOVERNMENT OF CITIES

chapter: 17. Census

article: 1. General

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 17. Census > 1. General


text: By resolution, the legislative body may declare its intention to cause a census to be taken by suitable persons appointed by it and at the city’s expense.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The census of all the inhabitants shall be taken by the appointed persons.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The persons taking the census shall enumerate all the inhabitants of the city.

history: (History: Amended by Stats. 1973, Ch. 806.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: When completed, the census shall be verified before any officer authorized to administer oaths, and filed with the city clerk.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: Upon receipt of the verified census, the clerk shall make a certified copy. Thereafter it is the official census of the city.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: For the purpose of determining where county offices shall be established, a city legislative body may establish the population of the city pursuant to this article.

history: (History: Amended by Stats. 2003, Ch. 149, Sec. 18. Effective January 1, 2004.)

title: 4. GOVERNMENT OF CITIES

article: 2. Special Census

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 17. Census > 2. Special Census


text: The Legislative body may adopt a resolution providing that a census be taken in the city to establish the population in years other than those in which a federal census is taken. That census shall be validated by the Demographic Research Unit of the Department of Finance.

history: (History: Amended by Stats. 2019, Ch. 29, Sec. 114. (SB 82) Effective June 27, 2019.)

title: 4. GOVERNMENT OF CITIES

article: 2. Special Census


text: The ordinance shall prescribe the rules and regulations for taking the census to insure an accurate count of the inhabitants of the city.

title: 4. GOVERNMENT OF CITIES

article: 2. Special Census


text: Census takers shall be appointed by the legislative body and sworn to faithfully perform their duties. All reports of the census takers shall be sworn to before an officer authorized to take oaths.

title: 4. GOVERNMENT OF CITIES

article: 2. Special Census


text: The city clerk shall prepare a certified copy of the final census report. Thereafter it is the official census of the city for the purposes of this article.

title: 4. GOVERNMENT OF CITIES

article: 2. Special Census


text: The expense of taking the census is a city charge.

title: 4. GOVERNMENT OF CITIES

article: 2. Special Census


text: For the purposes of this article, any enumeration of population made by the United States Bureau of Census in any year other than that in which a decennial census is taken establishes the population of any city. A copy of that determination of population shall be filed in the Demographic Research Unit of the Department of Finance and thereafter is the official census of the city for the purposes of this article.

history: (History: Amended by Stats. 2019, Ch. 29, Sec. 115. (SB 82) Effective June 27, 2019.)

title: 4. GOVERNMENT OF CITIES

article: 2. Special Census


text:
In its discretion the legislative body may expend the ordinary annual city income to pay all or part of the cost of work to:

(a) Establish, build, and repair bridges.

(b) Acquire by purchase or otherwise land for squares, parks, playgrounds, and places within the city and improve, equip, and maintain them.

(c) Establish, lay out, alter, keep open, improve, and repair streets, sidewalks, alleys, tunnels, and other public highways, and drain, sprinkle, oil, and light them.

(d) Remove all obstructions from them.

(e) Establish grades for them.

(f) Grade, pave, gravel, and curb all or part of them.

(g) Construct gutters, culverts, sidewalks, and crosswalks in all or on any part of them.

(h) Cause shade trees to be planted, set out, and cultivated in them.

(i) Generally manage and control all such highways, tunnels, and places.

history: (History: Added by Stats. 1949, Ch. 79.)

title: 4. GOVERNMENT OF CITIES

chapter: 18. Public Works

article: 1. General

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 18. Public Works > 1. General


text: When the legislative body deems it necessary for the city to construct a bridge connecting the city with an adjoining road district and it is necessary in constructing the bridge to take or damage private property within or without or within and without the city limits, by resolution the legislative body may declare the necessity of taking or damaging the property and direct and maintain proceedings for that purpose pursuant to law.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
The legislative body may acquire private property by condemnation or otherwise when it is necessary to take or damage such property for:

(a) Establishing, laying out, extending, and widening streets and other public highways and places within the city.

(b) Rights of way for drains, sewers, and aqueducts.

(c) Widening, straightening, or diverting the channels of streams.

(d) The improvement of water fronts.

(e) The acquisition or maintenance of public harbors.

(f) Any other purposes authorized by law.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: When public necessity requires, a city may erect and maintain drawbridges across navigable streams that flow through or penetrate the city boundaries.

title: 4. GOVERNMENT OF CITIES

article: 2. Drawbridges

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 18. Public Works > 2. Drawbridges


text: The legislative body of a general law city may impose a sidewalk installation charge pursuant to this article. The charge shall not exceed three dollars ($3) annually on all businesses and residences located within the city, including trailer coaches valued under subdivision (e) of Section 10753.2 of the Revenue and Taxation Code. Each dwelling in a multiple-dwelling unit shall be considered a separate residence for purposes of such charge, but each business having a room or rooms subject to the tax imposed under Section 51030 shall be considered as a single business for purposes of such charge.

history: (History: Added by Stats. 1971, Ch. 350.)

title: 4. GOVERNMENT OF CITIES

article: 3. Sidewalks

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 18. Public Works > 3. Sidewalks


text: The special charge described in Section 40470 shall only be imposed pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5. The charge shall be in an amount and for a period not to exceed five years which shall be stated on the ballot.

history: (History: Amended by Stats. 2012, Ch. 330, Sec. 6. (SB 1090) Effective January 1, 2013.)

title: 4. GOVERNMENT OF CITIES

article: 3. Sidewalks


text: The legislative body may provide that such charge shall be collected with, and not separately from, the charges for any utility service provided by the city and that all such charges shall be billed upon the same bill and collected as one item.

title: 4. GOVERNMENT OF CITIES

article: 3. Sidewalks


text: Any special charge imposed under this article, exclusive of the cost of collection, shall be used only for the acquisition of rights-of-way for, and the construction of sidewalks on, the city’s select system of city streets.

title: 4. GOVERNMENT OF CITIES

article: 3. Sidewalks


text: This chapter shall be known as the Municipal Federal Surplus Property Authority Law.

history: (History: Added by Stats. 1963, Ch. 1227.)

title: 4. GOVERNMENT OF CITIES

chapter: 19. Surplus United States Property

article: 1. Title and Policy

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 19. Surplus United States Property > 1. Title and Policy


text: It is hereby declared to be the policy of the State that to promote the public interest, economy, health, safety, education and general welfare of the cities, cities and counties, and counties in the State and of the residents and property owners therein, the people be empowered to acquire, own, maintain, operate, improve and dispose of surplus real properties of the United States which are within or contiguous to said cities, cities and counties, and counties. Because of the unique problem presented in so doing and of the facts and circumstances relative thereto, the creation of an authority within and separate and distinct from said cities, cities and counties, and counties is necessary.

title: 4. GOVERNMENT OF CITIES

article: 1. Title and Policy


text: Such authority, when created, shall constitute a public corporation.

title: 4. GOVERNMENT OF CITIES

article: 1. Title and Policy


text: Unless the provision or the context otherwise requires, the definitions set forth in this article govern the construction of this chapter.

history: (History: Amended by Stats. 1967, Ch. 123.)

title: 4. GOVERNMENT OF CITIES

article: 2. Definitions

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 19. Surplus United States Property > 2. Definitions


text: “Authority” means a surplus property authority created pursuant to this chapter.

title: 4. GOVERNMENT OF CITIES

article: 2. Definitions


text: “Local agency” means city, city and county, or county which creates the authority.

title: 4. GOVERNMENT OF CITIES

article: 2. Definitions


text: “Clerk” means the clerk of the authority.

title: 4. GOVERNMENT OF CITIES

article: 2. Definitions


text: “Contract” means a contract entered into by the authority for the purchase or other acquisition of surplus real property under the Federal Property and Administration Services Act of 1949 or other federal law.

title: 4. GOVERNMENT OF CITIES

article: 2. Definitions


text: “Commission” means the legislative body of the authority.

title: 4. GOVERNMENT OF CITIES

article: 2. Definitions


text: “Commissioner” means a member of the commission.

title: 4. GOVERNMENT OF CITIES

article: 2. Definitions


text: “Legislative body” means the city council or other legislative body of the local agency.

title: 4. GOVERNMENT OF CITIES

article: 2. Definitions


text: “Person” includes any individual, firm, copartnership, association, corporation, trust, business trust or receiver or trustee or conservator for any thereof.

title: 4. GOVERNMENT OF CITIES

article: 2. Definitions


text: “President” means the presiding officer of the commission.

title: 4. GOVERNMENT OF CITIES

article: 2. Definitions


text: “Property” means any real property acquired pursuant to the Federal Property and Administration Services Act of 1949, or other federal law.

title: 4. GOVERNMENT OF CITIES

article: 2. Definitions


text: “Treasurer” means the fiscal officer of the authority.

title: 4. GOVERNMENT OF CITIES

article: 2. Definitions


text: There is, in each city, city and county, or county of the State, a public corporation known as the “surplus property authority” of the city, city and county, or county.

title: 4. GOVERNMENT OF CITIES

article: 3. Surplus Property Authority

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 19. Surplus United States Property > 3. Surplus Property Authority


text: The authority shall not transact any business or exercise any powers unless and until the legislative body shall by ordinance declare that there is need for the authority to function in the city, city and county, or county.

title: 4. GOVERNMENT OF CITIES

article: 3. Surplus Property Authority


text: The determination that there is need for an authority to function may be initiated by the legislative body on its own motion or upon the filing of a petition signed by 100 residents of the city, city and county, or county asserting that there is need for an authority to function in the local agency and requesting that the legislative body so declare.

title: 4. GOVERNMENT OF CITIES

article: 3. Surplus Property Authority


text: In any suit, action, or proceeding by or against or in any manner relating to an authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of the ordinance by the legislative body declaring the need for the authority to function.

title: 4. GOVERNMENT OF CITIES

article: 3. Surplus Property Authority


text: At the time the authority becomes authorized to transact business and exercise its powers, and from time to time thereafter, the legislative body, subject to the law governing the conduct of its fiscal affairs, may make an estimate of the amount of money required for administrative purposes of the authority, and by a two-thirds vote, appropriate such amounts to the authority as it deems necessary, subject to such conditions as it prescribes.

title: 4. GOVERNMENT OF CITIES

article: 3. Surplus Property Authority


text: Quarterly, semiannually, or annually, as the legislative body prescribes, the authority shall file with the legislative body a detailed report of all its transactions, including a statement of all revenues and expenditures.

title: 4. GOVERNMENT OF CITIES

article: 3. Surplus Property Authority


text: At least once annually the authority shall publish a statement of all its financial affairs, audited by independent certified public accountants. The statement shall be published in a newspaper of general circulation, published in the city, city and county, or county or if none is so published then in such newspaper of general circulation as the authority may deem most likely to give notice to the residents of the local agency.

title: 4. GOVERNMENT OF CITIES

article: 3. Surplus Property Authority


text: If within four years after the adoption of an ordinance declaring the need for an authority to function in a local agency, the authority has not acquired or entered into possession of any property, or entered into any contract for the acquisition of any property, the legislative body by ordinance may declare that there is no need for the authority to function. Upon the adoption of such ordinance, the offices of the commission become vacant and the capacity of the authority to transact business or exercise any power is suspended until the legislative body again adopts an ordinance declaring the need for the authority to function.

title: 4. GOVERNMENT OF CITIES

article: 3. Surplus Property Authority


text: After adoption of an ordinance declaring there is no need for an authority to function, and while it is in effect, the legislative body may wind up the affairs of the authority and has title to all property of the authority for such purpose and for the benefit of the local agency.

title: 4. GOVERNMENT OF CITIES

article: 3. Surplus Property Authority


text: At any time after the activation of an authority, the legislative body by a two-thirds vote may adopt an ordinance transferring the property of the authority to the local agency, and the local agency may through such department, board, officer, or agency, as it determines, exercise its powers in regard to such property by virtue of the Constitution, its charter, this chapter or any general law. The legislative body shall thereupon adopt an ordinance dissolving the authority. No such transfer or dissolution shall be made in contravention of any covenant or agreement made that is issued and outstanding.

title: 4. GOVERNMENT OF CITIES

article: 3. Surplus Property Authority


text: The legislative body shall be ex officio the governing body of the authority, and shall be known as the Surplus Property Commission.

title: 4. GOVERNMENT OF CITIES

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 19. Surplus United States Property > 4. Surplus Property Commission and Officers


text: The members of the legislative body shall be the members of the commission, and shall be known as Surplus Property Commissioners.

title: 4. GOVERNMENT OF CITIES

article: 4. Surplus Property Commission and Officers


text: The presiding officer of the legislative body, or other member appointed by the commission, shall be the president of the Surplus Property Commission.

title: 4. GOVERNMENT OF CITIES


text: The commission shall appoint as clerk of the authority, the clerk of the legislative body or other competent person.

title: 4. GOVERNMENT OF CITIES


text: The commission shall appoint as treasurer of the authority, the treasurer of the local agency or other officer of the local agency that performs the duties of treasurer. This section shall not apply to the appointment of members of the commission or its president.

title: 4. GOVERNMENT OF CITIES


text: The commission may appoint as manager of the authority, the manager or administrative officer of the local agency or other competent person.

title: 4. GOVERNMENT OF CITIES


text: The commission may appoint as its attorney, engineer or other officer, the attorney, engineer, or other officer of the local agency, or other competent person.

title: 4. GOVERNMENT OF CITIES


text: Before entering upon the duties of an office, each officer shall take and subscribe the official oath and file it with the clerk. The oath of office may be taken before the clerk, any member of the commission, or any officer authorized by law to administer oaths.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 37. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: The bond of the treasurer of the local agency shall cover the treasurer’s duties as ex officio treasurer of the authority.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 38. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: If allowed by the commission, a commissioner shall receive traveling and other expenses incurred in the course of employment.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 39. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: The commission shall fix the amount of compensation and provide for the payment of expenses of its other officers and employees.

title: 4. GOVERNMENT OF CITIES


text: Within 30 days after the effective date of the ordinance provided in Section 40521, the commissioners shall meet and organize as a board of commissioners.

title: 4. GOVERNMENT OF CITIES


text:
The commission shall:

(a) Designate the presiding officer of the legislative body or one of its members president.

(b) Designate the clerk of the legislative body or other competent person as its clerk.

(c) Appoint such other officers as it deems advisable.

(d) Provide for the time and place of holding its regular and special meetings.

title: 4. GOVERNMENT OF CITIES


text: At its organization meeting the commission may transact any business of the authority.

title: 4. GOVERNMENT OF CITIES


text: The commission is the governing body of the authority.

title: 4. GOVERNMENT OF CITIES


text: The powers of the authority enumerated in this chapter shall, except as therein otherwise provided, be exercised by the commission.

title: 4. GOVERNMENT OF CITIES


text: The commission shall act in the manner and subject to the laws provided for the legislative body.

title: 4. GOVERNMENT OF CITIES


text: A majority of the commission shall constitute a quorum for the transaction of business.

title: 4. GOVERNMENT OF CITIES


text: No ordinance, resolution or motion shall be passed or become effective without the affirmative votes of at least a majority of the members of the commission.

title: 4. GOVERNMENT OF CITIES


text: Except where action is taken by the unanimous vote of all members present and voting, the ayes and noes shall be taken upon the passage of all ordinances, resolutions, or motions and entered upon the minutes of the commission.

title: 4. GOVERNMENT OF CITIES


text: The enacting clause of all ordinances passed by the commission shall be: “Be it ordained by the board of commissioners of (local agency) Surplus Property Authority as follows:”

title: 4. GOVERNMENT OF CITIES


text: All ordinances shall be signed by the president and attested by the clerk.

title: 4. GOVERNMENT OF CITIES


text: All legislative sessions of the commission shall be subject to the provisions of Chapter 9 (commencing with Section 54950) of Part 1, Division 2, Title 5 of the Government Code.

title: 4. GOVERNMENT OF CITIES


text: The commission shall establish rules for its proceedings.

title: 4. GOVERNMENT OF CITIES


text: Each member of the commission, or the clerk, may administer oaths and affirmations in connection with the taking of testimony at any hearing, investigation, or other matter pending before the commission.

title: 4. GOVERNMENT OF CITIES


text:
The president shall:

(a) Sign all contracts on behalf of the authority.

(b) Perform other duties imposed by the commission.

title: 4. GOVERNMENT OF CITIES


text:
The clerk shall:

(a) Countersign all contracts on behalf of the authority.

(b) Perform other duties imposed by the commission.

title: 4. GOVERNMENT OF CITIES


text:
The manager, subject to the approval of the commission, shall:

(a) Have full charge and control of the acquisition, maintenance, operation, improvement and disposal of the property of the authority.

(b) Have full power and authority to employ and discharge all employees and assistants.

(c) Prescribe the duties of employees and assistants.

(d) Fix and alter the compensation of employees and assistants.

(e) Perform other duties imposed by the commission.

(f) Report to the commission in accordance with the rules and regulations that it adopts.

title: 4. GOVERNMENT OF CITIES


text: Where the local agency has established or establishes by ordinance a personnel system, merit system or civil service system, the authority and the commission shall incorporate by reference for their own officers and employees the identical system utilized by the local agency.

title: 4. GOVERNMENT OF CITIES


text: The treasurer shall install and maintain a system of auditing and accounting that shall completely and at all times show the financial condition of the authority.

title: 4. GOVERNMENT OF CITIES


text: An authority shall be managed under the provisions of this chapter and may exercise the powers therein expressly granted or necessarily implied therefrom.

title: 4. GOVERNMENT OF CITIES

article: 5. Powers

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 19. Surplus United States Property > 5. Powers


text: Each authority has the power generally to perform all acts necessary to carry out fully the provisions of this chapter.

title: 4. GOVERNMENT OF CITIES

article: 5. Powers


text: An authority has perpetual succession.

title: 4. GOVERNMENT OF CITIES

article: 5. Powers


text: An authority may adopt a seal and alter it at pleasure.

title: 4. GOVERNMENT OF CITIES

article: 5. Powers


text: An authority may make contracts to carry out the purposes of the authority.

title: 4. GOVERNMENT OF CITIES

article: 5. Powers


text: An authority may have construction or other work performed by contract or may otherwise do the work in the manner provided for the local agency.

title: 4. GOVERNMENT OF CITIES

article: 5. Powers


text:
The authority may:

(a) Sue and be sued, have a seal, and make and execute contracts and other instruments necessary or convenient to the exercise of its powers.

(b) Make, and from time to time amend and repeal, regulations not inconsistent with this chapter to carry into effect the powers and purposes hereof.

(c) Select and appoint or remove such permanent and temporary officers, agents, counsel, and employees, as it requires, and may determine their qualifications, duties and compensation.

title: 4. GOVERNMENT OF CITIES

article: 5. Powers


text:
The authority may:

(a) Purchase, lease, obtain option upon, acquire by contract or grant, any real property as defined in Section 40517 or personal property within or contiguous to the local agency, or any interest in, or improvements on, such property.

(b) Sell, lease, exchange, transfer, assign, subdivide, pledge by mortgage, deed of trust, or otherwise dispose of any real or personal property or any interest in such property.

(c) Maintain and operate any property acquired by it, for any public purpose.

(d) Lay out, open, extend, widen, straighten, establish, or change the grade, and improve, in whole or in part, of rights-of-way necessary or convenient for such property.

(e) Clear buildings, structures or other improvements from the property.

(f) Develop the property or any part thereof as a building site, including but not limited to grading, shaping, cutting and filling, locating and relocating public streets and places therein, and the installation of street improvements therein or therefor.

(g) Rent, maintain, manage, operate, improve and repair property.

(h) Insure, or provide for the insurance of, any real or personal property or the operation thereof against risks and hazards, and against the liabilities of the authority, its officers, agents and employees.

(i) Borrow money and hypothecate property and revenues as security therefor.

title: 4. GOVERNMENT OF CITIES

article: 5. Powers


text: The authority shall not be bound by any contract made by the local agency with respect to acquisition or disposition of property which was concluded by the local agency prior to the date on which the authority is authorized to transact business and exercise its powers.

title: 4. GOVERNMENT OF CITIES

article: 5. Powers


text: The authority may enter into a contract and otherwise co-operate with any federal agency or other federal officer, pursuant to the Federal Property and Administration Services Act of 1949 or other act of the Congress of the United States, by the terms of which the authority may agree to purchase or receive property.

title: 4. GOVERNMENT OF CITIES

article: 6. Co-operation

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 19. Surplus United States Property > 6. Co-operation


text: The authority may enter into a contract for the purchase of said property over a period of years, not to exceed 40.

title: 4. GOVERNMENT OF CITIES

article: 6. Co-operation


text: The authority may obligate itself to pay the purchase price or installments thereof, in the manner and to the extent required under federal law.

title: 4. GOVERNMENT OF CITIES

article: 6. Co-operation


text: All revenues and income received from the sale or operation of said property, after providing for administration, maintenance and operation costs, shall be used and may be pledged to pay the principal of the purchase price and the interest to accrue thereon, or any bonds issued by it therefor.

title: 4. GOVERNMENT OF CITIES

article: 6. Co-operation


text: The authority may enter into leases or contracts of sale of said properties or any part thereof for such periods of time as it deems will beneficially serve any requirements of the contract of purchase, not to exceed 99 years.

title: 4. GOVERNMENT OF CITIES

article: 6. Co-operation


text: The commission may, and, if required by any federal law, shall, cause the validity of its existence, or the right of any of its officers to perform their duties, or the validity of any contract, or of any bonds issued by it therefor, or of any other of its acts or proceedings, to be adjudicated by a court of competent jurisdiction.

title: 4. GOVERNMENT OF CITIES

article: 6. Co-operation


text: The action provided in Section 40575 shall be brought against all persons, pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

title: 4. GOVERNMENT OF CITIES

article: 6. Co-operation


text: No contest of any thing or matter provided in this article shall be made other than in the time and manner herein specified.

title: 4. GOVERNMENT OF CITIES

article: 6. Co-operation


text: In any such action all findings of fact or conclusions of the commission upon all matters shall be conclusive unless the action was instituted within six months after the finding or conclusion was made.

title: 4. GOVERNMENT OF CITIES

article: 6. Co-operation


text: Pursuant to this chapter an authority may create a revenue bond indebtedness for the acquisition and construction of any improvements or property or facilities contained within its powers.

title: 4. GOVERNMENT OF CITIES

article: 7. Bonds

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 19. Surplus United States Property > 7. Bonds


text: Proceedings for the issuance of the bonds shall be had, the commission shall have such powers and duties, and the bondholders shall have such rights and remedies, all in substantial accordance with, and with like legal effect, as provided in Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5. As used in that chapter, “resolution” means ordinance, the word “local agency” means authority, and “legislative body” means commission.

history: (History: Amended by Stats. 1985, Ch. 106, Sec. 69.)

title: 4. GOVERNMENT OF CITIES

article: 7. Bonds


text: The clerk shall publish the revenue bond ordinance once in a newspaper of general circulation published in the city, city and county, or county and if there is none, then in such newspaper of general circulation as the authority may deem most likely to give notice to the residents of the city, city and county, or county.

title: 4. GOVERNMENT OF CITIES

article: 7. Bonds


text: The revenue bond ordinance shall specify the total amount, denomination, method of maturity, and the rate or maximum rate of interest of said bonds, and in general terms, the acquisitions and improvements to be constructed thereby; and, in addition, shall contain such other and further provisions as in the judgment of the commission are deemed advisable.

title: 4. GOVERNMENT OF CITIES

article: 7. Bonds


text: The commission may pledge all or any part of the revenues which shall be derived by it from the sale and leasing of property.

title: 4. GOVERNMENT OF CITIES

article: 7. Bonds


text: It is the intention of this chapter that the authority shall pay all of the costs that it may incur from revenues derived from the sale, leasing and operation of the property.

title: 4. GOVERNMENT OF CITIES

article: 8. Financial

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 19. Surplus United States Property > 8. Financial


text:
The commission shall establish and collect rentals, which, with the proceeds of sales, will yield an amount sufficient:

(a) To pay the costs of administration and operation of the authority;

(b) To pay the costs of maintaining, operating and improving its properties;

(c) To pay the interest on its contracts or bonds;

(d) To provide a fund for the principal of its contracts and bonds as they come due.

title: 4. GOVERNMENT OF CITIES

article: 8. Financial


text: In the absence of the mayor, the mayor pro tempore shall exercise the powers granted in this chapter.

history: (History: Amended by Stats. 1955, Ch. 624.)

title: 4. GOVERNMENT OF CITIES

chapter: 1. Mayor

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 1. Mayor


text:
The mayor shall sign:

(a) All warrants drawn on the city treasurer.

(b) All written contracts and conveyances made or entered into by the city.

(c) All instruments requiring the city seal.

The legislative body may provide by ordinance that the instruments described in (a), (b) and (c) be signed by an officer other than the mayor.

history: (History: Amended by Stats. 1955, Ch. 633.)

title: 4. GOVERNMENT OF CITIES


text: The mayor may administer oaths and affirmations, take affidavits, and certify them.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 40. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: The mayor may acknowledge the execution of all instruments executed by the city and required to be acknowledged.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 41. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: In general law cities where the office of mayor is an elective office pursuant to Article 5 (commencing with Section 34900) of Chapter 7 of Part 1 of Division 2 of Title 4, the mayor, with the approval of the city council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute.

history: (History: Added by Stats. 1971, Ch. 781.)

title: 4. GOVERNMENT OF CITIES


text: The city clerk shall keep an accurate record of the proceeding of the legislative body and the board of equalization in books bearing appropriate titles and devoted exclusively to such purposes, respectively. The books shall have a comprehensive general index.

title: 4. GOVERNMENT OF CITIES

chapter: 2. City Clerk

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 2. City Clerk


text: The city clerk is the accounting officer of the city and shall maintain records readily reflecting the financial condition of the city.

title: 4. GOVERNMENT OF CITIES


text: The city clerk shall cause a summary of the city’s financial report required by Section 53891, in a form prescribed by the Controller, to be published once in a newspaper of general circulation, pursuant to Article 1 (commencing with Section 6000) of Chapter 1 of Division 7 of Title 1 of the Government Code. If there is no newspaper, the city clerk shall cause copies of the statement to be posted in three public places in the city designated by ordinance as the places for posting of public notices.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 42. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: The report shall be published or posted consistent with the timelines established in Section 53891 after the close of the fiscal year for which the report is compiled.

history: (History: Amended by Stats. 2016, Ch. 366, Sec. 10. (SB 974) Effective January 1, 2017.)

title: 4. GOVERNMENT OF CITIES


text: The financial and accounting duties imposed upon the city clerk by Sections 40802 through 40805 may be transferred to a director of finance when such office has been established and the powers and duties thereof defined by ordinance.

history: (History: Added by Stats. 1955, Ch. 1754.)

title: 4. GOVERNMENT OF CITIES


text:
The city clerk shall keep a book marked “ordinances” and record in it all city ordinances with a certificate annexed to each, stating:

(a) It is a true and correct copy of a city ordinance.

(b) The ordinance number.

(c) It has been published or posted pursuant to law.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 43. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: The record with the certificate is prima facie evidence of the contents of each ordinance and of its passage and publication. It is admissible as such evidence in any court or proceedings.

history: (History: Added by Stats. 1949, Ch. 79.)

title: 4. GOVERNMENT OF CITIES


text: The official city records in the custody of the city clerk shall not be filed in any court proceeding or other action but shall be returned to the custody of the city clerk.

title: 4. GOVERNMENT OF CITIES


text: This article does not prevent the proof of the passage and publication of ordinances in the usual way.

title: 4. GOVERNMENT OF CITIES


text: The city clerk is the ex officio assessor unless the legislative body provides for the assessment and collection of city taxes by county officers or otherwise.

title: 4. GOVERNMENT OF CITIES


text: The city clerk is the custodian of the city seal.

title: 4. GOVERNMENT OF CITIES


text: The city clerk shall perform any additional duties as are prescribed by ordinance.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 44. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: The city clerk may appoint deputies, for whose acts the city clerk and the city clerk’s bondspersons are responsible. The deputies shall hold office at the pleasure of the city clerk and receive the compensation as provided by the legislative body.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 45. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: The city clerk and the city clerk’s deputies may administer oaths or affirmations and take and certify affidavits and depositions pertaining to city affairs and business which may be used in any court or proceedings in the state. The acknowledgment of an instrument may be made before a city clerk and the city clerk’s deputies within the city in which they were elected or appointed.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 46. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: The city treasurer shall receive and safely keep all money the treasurer receives.

history: (History: Amended by Stats. 2017, Ch. 77, Sec. 1. (SB 742) Effective January 1, 2018.)

title: 4. GOVERNMENT OF CITIES

chapter: 3. City Treasurer

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 3. City Treasurer


text:
(a) The city treasurer shall comply with all laws governing the deposit and securing of public funds and the handling of trust funds in his or her possession.

(b) If the city has issued bonds, the city treasurer shall use a system of accounting and auditing that adheres to generally accepted accounting principles.

history: (History: Amended by Stats. 2017, Ch. 77, Sec. 2. (SB 742) Effective January 1, 2018.)

title: 4. GOVERNMENT OF CITIES


text: The city treasurer shall pay out money only on warrants signed by legally designated persons.

history: (History: Amended by Stats. 2017, Ch. 77, Sec. 3. (SB 742) Effective January 1, 2018.)

title: 4. GOVERNMENT OF CITIES


text: Regularly, at least once each month, the city treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund balances. The city treasurer shall file a copy with the legislative body.

history: (History: Amended by Stats. 2017, Ch. 77, Sec. 4. (SB 742) Effective January 1, 2018.)

title: 4. GOVERNMENT OF CITIES


text: The city treasurer shall perform such duties relative to the collection of city taxes and license fees as are prescribed by ordinance.

title: 4. GOVERNMENT OF CITIES


text: The city treasurer may appoint deputies.

history: (History: Amended by Stats. 2017, Ch. 77, Sec. 5. (SB 742) Effective January 1, 2018.)

title: 4. GOVERNMENT OF CITIES


text: The deputies shall hold office at the pleasure of the city treasurer and receive such compensation as is provided by the legislative body.

title: 4. GOVERNMENT OF CITIES


text: Annually between the first Monday in March and July 1st, the assessor shall make out a true list of all taxable property within the city.

title: 4. GOVERNMENT OF CITIES

chapter: 4. City Assessor

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 4. City Assessor


text: The mode of making out the list and proceedings relating thereto shall conform with the laws regulating county assessors except as provided by law or ordinance.

title: 4. GOVERNMENT OF CITIES


text:
The list shall:

(a) Describe the property assessed.

(b) Give the value of the property.

(c) Contain other information required in county assessors’ lists.

title: 4. GOVERNMENT OF CITIES


text: The assessor shall verify the list with an oath and deposit it with the city clerk on or before July 1st.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 47. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: The assessor and the assessor’s deputies may administer oaths and affirmations necessary in the performance of their duties.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 48. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: For the suppression of riot, public tumult, disturbance of the peace, or resistance against the laws or public authorities in the lawful exercise of their functions, and for the execution of all orders of the local health officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease, the chief of police has the powers conferred upon sheriffs by general law and in all respects is entitled to the same protection.

history: (History: Amended by Stats. 2005, Ch. 478, Sec. 2. Effective January 1, 2006.)

title: 4. GOVERNMENT OF CITIES

chapter: 6. Chief of Police

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 6. Chief of Police


text: The chief of police’s lawful orders shall be promptly executed by deputies, police officers, and watchpersons in the city. Every citizen shall also lend aid when required for the arrest of offenders and maintenance of public order.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 49. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: The chief of police shall execute and return all process issued and directed to the chief of police by legal authority.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 50. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: The chief of police has charge of the prisoners and of any city jail established by the legislative body.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 51. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: For service of any process the chief of police shall receive the same fees as sheriffs. Fees of the chief of police for services in criminal actions or proceedings upon process issued from the city court are not a county charge.

history: (History: Amended by Stats. 1998, Ch. 931, Sec. 214. Effective September 28, 1998.)

title: 4. GOVERNMENT OF CITIES


text: The chief of police shall perform any license fee and tax collection services prescribed by ordinance.

title: 4. GOVERNMENT OF CITIES


text: The chief of police shall keep a detailed and up-to-date record of all fees for service of process or other money collected by the police department or paid to the chief of police in his or her official capacity. The record shall be open for public inspection during office hours.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 52. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: The chief of police shall immediately deposit with the city treasurer all money collected by the police department as required by ordinance.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 53. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: At least once a month, the chief of police shall file with the city clerk a detailed statement of all money handled in an official capacity during the preceding month.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 54. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: The chief of police shall perform any other services required by general law and the city ordinances.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 55. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: After possession is taken of any vehicle by or on behalf of any legal owner thereof under the terms of a security agreement or lease agreement, the debtor shall pay the chief of police or a parking authority operated by a city and county a fee of fifteen dollars ($15) for the receipt and filing of the report of repossession pursuant to Section 28 of the Vehicle Code before the vehicle may be redeemed by the debtor. Any person in possession of the vehicle shall not release it to the debtor without first obtaining proof of payment of the fee to the chief of police or parking authority. The proof of payment, or a copy thereof, shall be retained by the party releasing possession to the debtor for the period required by law. An individual working for a repossession agency licensed pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code shall not pay the fee to, or retrieve the receipt from, the chief of police or parking authority.

history: (History: Amended by Stats. 2014, Ch. 390, Sec. 8. (AB 2503) Effective September 17, 2014.)

title: 4. GOVERNMENT OF CITIES


text: The city attorney shall advise the city officials in all legal matters pertaining to city business.

history: (History: Added by Stats. 1949, Ch. 79.)

title: 4. GOVERNMENT OF CITIES

chapter: 7. City Attorney

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 7. City Attorney


text: The city attorney shall frame an ordinance or resolution required by the legislative body.

history: (History: Amended by Stats. 2013, Ch. 210, Sec. 4. (SB 184) Effective January 1, 2014.)

title: 4. GOVERNMENT OF CITIES


text: The city attorney shall perform other legal services required from time to time by the legislative body.

history: (History: Amended by Stats. 2013, Ch. 210, Sec. 5. (SB 184) Effective January 1, 2014.)

title: 4. GOVERNMENT OF CITIES


text:
(a) With the consent of the district attorney of the county, the city attorney of any general law city or chartered city within the county may prosecute any misdemeanor committed within the city arising out of violation of state law. This section shall not be deemed to affect any of the provisions of Section 72193.

(b) In any case in which the district attorney is granted any powers or access to information with regard to the prosecution of misdemeanors, this grant of powers or access to information shall be deemed to apply to any other officer charged with the duty of prosecuting misdemeanor charges in the state, as authorized by law.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 192. Effective January 1, 2003.)

title: 4. GOVERNMENT OF CITIES


text: Whenever the city attorney is acting as a prosecutor in a criminal case pursuant to any provision of law or under a city charter, the city attorney shall have the power to issue subpoenas in a like manner as the district attorney.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 56. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: The city attorney shall receive such compensation as is allowed by the legislative body.

title: 4. GOVERNMENT OF CITIES


text:
(a) A city attorney who does not, in fact, exercise prosecutorial responsibilities on behalf of the city or cities by which he or she is employed shall not be precluded from defending or assisting in the defense of, or acting as counsel for, any person accused of any crime except for violation of any ordinance of the city or cities by which he or she is employed, provided that:

(1) The city or cities by which the city attorney is employed expressly relieve the city attorney of any and all prosecutorial responsibilities on its or their behalf; and

(2) The accused has been informed of and expressly waives any rights created as a result of any potential conflict created by his or her attorney’s position as a city attorney.

(b) Where the above provisions are met, a partner or associate of a city attorney shall not be prevented from defending or assisting in the defense of, or acting as counsel for, any person accused of any crime except for violations of any ordinance of the city or cities by which his or her partner or associate is employed as a city attorney.

(c) This section shall not preclude any city from limiting or prohibiting the private practice of any attorney it retains or employs.

history: (History: Amended by Stats. 2014, Ch. 71, Sec. 77. (SB 1304) Effective January 1, 2015.)

title: 4. GOVERNMENT OF CITIES


text: By ordinance the city legislative body shall provide a system for the assessment, levy, and collection of city taxes not inconsistent with this title.

division: 4. FINANCIAL PROVISIONS

title: 4. GOVERNMENT OF CITIES

article: 1. General

path: 4. GOVERNMENT OF CITIES > 4. FINANCIAL PROVISIONS > 1. Property Tax Assessment, Levy,and Collection > 1. General


text: Taxes assessed, penalties for delinquency, and costs of collection are liens on the property assessed. Taxes upon personal property are liens upon the owner’s real property to the extent permitted in the case of county taxes by Chapter 2, Part 4, Division 1 of the Revenue and Taxation Code.

history: (History: Amended by Stats. 1953, Ch. 788.)

title: 4. GOVERNMENT OF CITIES

chapter: 1. Property Tax Assessment, Levy,and Collection

article: 1. General


text: Tax liens attach as of 12:01 a.m. on the first day of January of each year.

history: (History: Amended by Stats. 2003, Ch. 296, Sec. 12.1. Effective January 1, 2004.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
Tax liens may be enforced by either of the following:

(a) (1) A sale of the real property affected and execution and delivery of necessary certificates and deeds, under regulations prescribed by ordinance. The regulations shall include a requirement that notice of the proposed sale be sent to the parties of interest, as defined in Section 4675 of the Revenue and Taxation Code, by the method set forth in Section 3701 of the Revenue and Taxation Code.

(2) Section 3701 of the Revenue and Taxation Code applies to the sending of notice and the validity of sale under this subdivision as though fully set forth in the subdivision, except that, for purposes of this subdivision:

(A) The reference in Section 3701 to “written authorization of the Controller” means the earliest time when, pursuant to an ordinance adopted to comply with this subdivision and without the inclusion of any periods of notice otherwise required, the real property may be sold to enforce the lien.

(B) The reference to “tax collector” means the official charged by an ordinance adopted pursuant to this subdivision with the duty of conducting the sale.

(3) The city shall charge a fee for providing notice pursuant to this section in an amount which does not exceed the estimated reasonable cost.

(b) Action to foreclose the liens in any court of competent jurisdiction.

history: (History: Amended by Stats. 1985, Ch. 475, Sec. 1.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: Deeds made upon any sale of property for taxes or special assessments have the same effect in evidence as deeds for property sold for nonpayment of county taxes.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
(a) For purposes of this part, assessed value means 25 percent of full value to, and including, the 1980–81 fiscal year, and 100 percent of full value for the 1981–82 fiscal year and fiscal years thereafter; and, tax rates shall be expressed in dollars, or fractions thereof, on each one hundred dollars ($100) of assessed value to and including the 1980–81 fiscal year and as a percentage of full value for the 1981–82 fiscal year and fiscal years thereafter.

(b) Whenever this code requires comparison of assessed values, tax rates or property tax revenues for different years, the assessment ratios and tax rates shall be adjusted as necessary so that the comparisons are made on the same basis, and the same amount of tax revenues would be produced, or the same relative value of an exemption or subvention will be realized regardless of the method of expressing tax rates or the assessment ratio utilized.

(c) For purpose of expressing tax rates on the same basis, a tax rate based on a 25 percent assessment ratio and expressed in dollars, or fractions thereof, for each one hundred dollars ($100) of assessed value may be multiplied by a conversion factor of twenty-five hundredths of 1 percent to determine a rate comparable to a rate expressed as a percentage of full value; and, a rate expressed as a percentage of full value may be multiplied by a factor of 400 to determine a rate comparable to a rate expressed in dollars, or fractions thereof, for each one hundred dollars ($100) of assessed value and based on a 25 percent assessment ratio.

history: (History: Added by Stats. 1978, Ch. 1207.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: In the case of a sale of property for taxes or special assessments, all proceeds shall be accounted for and distributed as provided in Article 12 (commencing with Section 53925) of Chapter 4 of Part 1 of Division 2 of Title 5.

history: (History: Added by Stats. 1977, Ch. 648.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
Notwithstanding any other provision of law to the contrary, the legislative body of a city which collects its own taxes may by ordinance waive any penalties and interest on the second half of taxes, unpaid and delinquent at 5 p.m. on April 12, 1965, on any property damaged in excess of five hundred dollars ($500) by storms and floods occurring between December 1, 1964, and January 30, 1965, in an area proclaimed by the Governor to be in a state of disaster. With respect to those penalties and interest, the waiver shall constitute a complete relinquishment of all legal claim thereto by the city.

Any ordinance adopted pursuant to this section shall waive all those penalties and interest on taxes due the city, effective at 5 p.m. on April 12, 1965, and for all time thereafter, but shall not operate to reduce any tax delinquent at that time.

history: (History: Amended by Stats. 1983, Ch. 1281, Sec. 4. Effective September 30, 1983.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: Notwithstanding any other contrary provisions of law, the city legislative body may by ordinance provide that every person of the city who on the lien date of any year was the owner of, or had in his possession, or under his control, any taxable improvement, which improvement was thereafter destroyed without his fault by fire or by any other means prior to July 31 of that year and cannot be thereafter rebuilt because of a zoning prohibition, may on or before a date to be specified in such ordinance make application for the reassessment of such improvement and deliver to the assessing official of the city a written statement under oath, accompanied by a certificate of a disinterested competent person or authority showing the condition and value, if any, of the improvement immediately after the destruction, and that the assessor shall, on or before October 31 of that year, assess the improvement, or reassess it if it has already been assessed, according to the condition and value immediately after the destruction and upon such notice as it may find to be proper the board of equalization for the city may, until November 30 of that year, equalize any such assessment or reassessment. It may also be provided in such ordinance that the tax rate fixed for property on the roll on which the improvement so assessed appears or the improvement so reassessed appeared at the time of its original assessment shall be applied to the amount of equalized assessment or reassessment determined in accordance with this section. In the event that the resulting figure is less than the tax theretofore computed, the ordinance may provide that the taxpayer shall be liable for tax only for the lesser amount and that the difference shall be canceled. If the taxpayer has already paid the tax previously computed, the ordinance may provide that such difference shall be refunded to the taxpayer. This section shall be applicable to all cities to which the Constitution does not prevent it from being applied.

history: (History: Amended by Stats. 1966, 1st Ex. Sess., Ch. 147.)

title: 4. GOVERNMENT OF CITIES

article: 1. General