Code Section Group

Harbors and Navigation Code - HNC

DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340]

  ( Division 8 enacted by Stats. 1937, Ch. 368. )

PART 3. HARBOR DISTRICTS [6000 - 6110]

  ( Part 3 enacted by Stats. 1937, Ch. 368. )

CHAPTER 1. Formation [6010 - 6045]

  ( Chapter 1 enacted by Stats. 1937, Ch. 368. )

ARTICLE 2. Hearing [6020 - 6026]
  ( Article 2 enacted by Stats. 1937, Ch. 368. )

6020.
  

At the time and place specified in the notice, the board of supervisors shall consider the petition and may continue the hearing from time to time, not exceeding a period of 90 days.

At the hearing by the board of supervisors a certificate issued by the assessor of the county and filed with the clerk of the board of supervisors in the proceedings stating that the name of any signer of the petition appears upon the last equalized assessment roll of the county for land assessed to that signer and located within the boundaries of the proposed district, is prima facie evidence that the signer is a freeholder within the proposed district.

A certificate signed by the county elections official that the name of any signer of the petition is a registered and uncanceled voter of the county, residing within the boundaries of the proposed district, is prima facie evidence that the signer is a registered voter within the boundaries of the proposed district.

(Amended by Stats. 2002, Ch. 221, Sec. 57. Effective January 1, 2003.)

6021.
  

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

The board of supervisors may also change the exterior boundaries of the proposed district by adding to the district and including therein other contiguous lands which will be benefited by the improvement or development of the harbor.

(Enacted by Stats. 1937, Ch. 368.)

6022.
  

Land may not be added to or included in the proposed district until notice is served upon the owner of the lands affected.

The notice may be served personally upon the owner or be published for the same period of time in the same newspaper as the original petition and notice of hearing.

The notice shall state the day, hour and place at which any objections of the owner will be heard and shall generally describe the lands affected.

(Enacted by Stats. 1937, Ch. 368.)

6023.
  

The board of supervisors shall investigate and determine whether or not the improvement and development work generally described in the petition is feasible and whether, when completed, it will result in the improvement and development of the harbor and become a benefit to the property within the district.

If it appears, and the board of supervisors finds, that it is necessary in order to make sufficient and adequate investigation upon which to determine such questions to continue the hearing beyond ninety days, the board of supervisors may do so, but the hearing shall be completed within six months from the date of the presentation of the petition.

(Enacted by Stats. 1937, Ch. 368.)

6024.
  

Upon the completion of the hearing, the board of supervisors shall have a finding of facts entered upon the minutes if it appears that:

(a) The petition and notice of hearing have been duly published.

(b) The petition is signed by a sufficient number of persons who possess the required qualifications.

(c) A harbor exists within the proposed district.

(d) The harbor can be improved and developed as generally described in the petition.

(Enacted by Stats. 1937, Ch. 368.)

6025.
  

The findings of fact required to be made by the board of supervisors shall set forth:

(a) The name of the proposed district as set forth in the petition.

(b) The official name or name by which the harbor is commonly known.

(c) A description of the exterior boundaries of the territory to be included within the proposed district.

(Enacted by Stats. 1937, Ch. 368.)

6026.
  

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

(Enacted by Stats. 1937, Ch. 368.)

HNCHarbors and Navigation Code - HNC