Code Section Group

Streets and Highways Code - SHC

DIVISION 18. PARKING [31500 - 36745]

  ( Division 18 added by Stats. 1951, Ch. 463. )

PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671]

  ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. )

CHAPTER 1. General Provisions [36600 - 36617]

  ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. )

ARTICLE 2. Definitions [36606 - 36616]
  ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. )

36606.
  

“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district:

(a) Promotion of public events.

(b) Furnishing of music in any public place.

(c) Promotion of tourism within the district.

(d) Marketing and economic development, including retail retention and recruitment.

(e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality.

(f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district.

(Amended by Stats. 2016, Ch. 366, Sec. 28. (SB 974) Effective January 1, 2017.)

36606.5.
  

“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.

(Added by renumbering Section 36606 by Stats. 2014, Ch. 240, Sec. 4. (AB 2618) Effective January 1, 2015.)

36607.
  

“Business” means all types of businesses and includes financial institutions and professions.

(Added by Stats. 1994, Ch. 897, Sec. 1. Effective January 1, 1995.)

36608.
  

“City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California.

(Amended by Stats. 2011, Ch. 382, Sec. 15. (SB 194) Effective January 1, 2012.)

36609.
  

“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part.

(Added by Stats. 1994, Ch. 897, Sec. 1. Effective January 1, 1995.)

36609.4.
  

“Clerk” means the clerk of the legislative body.

(Added by Stats. 2014, Ch. 240, Sec. 5. (AB 2618) Effective January 1, 2015.)

36609.5.
  

“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.

(Added by Stats. 2014, Ch. 240, Sec. 6. (AB 2618) Effective January 1, 2015.)

36610.
  

“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:

(a) Parking facilities.

(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs.

(c) Trash receptacles and public restrooms.

(d) Lighting and heating facilities.

(e) Decorations.

(f) Parks.

(g) Fountains.

(h) Planting areas.

(i) Closing, opening, widening, or narrowing of existing streets.

(j) Facilities or equipment, or both, to enhance security of persons and property within the district.

(k) Ramps, sidewalks, plazas, and pedestrian malls.

(l) Rehabilitation or removal of existing structures.

(Amended by Stats. 2016, Ch. 366, Sec. 29. (SB 974) Effective January 1, 2017.)

36611.
  

“Management district plan” or “plan” means a proposal as defined in Section 36622.

(Added by renumbering Section 36614 by Stats. 2014, Ch. 240, Sec. 10. (AB 2618) Effective January 1, 2015.)

36612.
  

“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all records relating to activities of the district.

(Added by renumbering Section 36614.5 by Stats. 2014, Ch. 240, Sec. 11. (AB 2618) Effective January 1, 2015.)

36614.
  

“Property” means real property situated within a district.

(Added by renumbering Section 36612 by Stats. 2014, Ch. 240, Sec. 8. (AB 2618) Effective January 1, 2015.)

36614.5.
  

“Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.

(Added by renumbering Section 36611 by Stats. 2014, Ch. 240, Sec. 7. (AB 2618) Effective January 1, 2015.)

36614.6.
  

“Property-based assessment” means any assessment made pursuant to this part upon real property.

(Added by Stats. 2014, Ch. 240, Sec. 12. (AB 2618) Effective January 1, 2015.)

36614.7.
  

“Property-based district” means any district in which a city levies a property-based assessment.

(Added by Stats. 2014, Ch. 240, Sec. 13. (AB 2618) Effective January 1, 2015.)

36615.
  

“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient.

(Amended by Stats. 2011, Ch. 382, Sec. 16. (SB 194) Effective January 1, 2012.)

36615.5.
  

“Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.

(Added by Stats. 2014, Ch. 240, Sec. 14. (AB 2618) Effective January 1, 2015.)

36616.
  

“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.

(Added by Stats. 1994, Ch. 897, Sec. 1. Effective January 1, 1995.)

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