Code Section Group

Water Code - WAT

DIVISION 15. RECLAMATION DISTRICTS [50000 - 53901]

  ( Division 15 added by Stats. 1951, Ch. 336. )

PART 7. ASSESSMENTS [51200 - 51894]

  ( Part 7 added by Stats. 1951, Ch. 336. )

CHAPTER 2. Levy of Assessments [51230 - 51485]

  ( Chapter 2 added by Stats. 1951, Ch. 336. )

ARTICLE 1. Original Assessments [51230 - 51260]
  ( Article 1 added by Stats. 1951, Ch. 336. )

51230.
  

When a plan of reclamation has been adopted by a district located entirely outside the boundaries of the Sacramento and San Joaquin Drainage District the board of supervisors shall appoint three assessment commissioners, who have no interest in any real estate within the district, each of whom, before entering upon his duties, shall make and subscribe an oath that he is not in any manner interested in any real estate within the district, directly or indirectly, and that he will perform the duties of a commissioner to the best of his ability.

(Added by Stats. 1951, Ch. 336.)

51231.
  

The assessment commissioners shall view and assess upon the district land the sum estimated to be the cost of the reclamation plan, and shall apportion the sum according to the benefits that will accrue to each parcel by reason of the expenditures of the sums of money.

(Added by Stats. 1951, Ch. 336.)

51232.
  

The assessment shall be collected and paid into the county treasury in the manner provided in Chapter 3 of this part.

(Added by Stats. 1951, Ch. 336.)

51233.
  

Money collected on assessments levied pursuant to Section 51231 shall be paid out for reclamation works upon the warrants of the board of trustees, approved by the board of supervisors, or, if bonds of the district have been issued upon the assessment, shall be deposited in a separate fund for the sole purpose of paying principal and interest on the bonds.

(Added by Stats. 1951, Ch. 336.)

51234.
  

When any part of the district is located within the Sacramento and San Joaquin Drainage District, and the reclamation board has approved the reclamation plan, the board shall so report to the board of supervisors, stating the estimated cost of the reclamation works, and petitioning the board of supervisors to appoint three assessment commissioners.

(Added by Stats. 1951, Ch. 336.)

51235.
  

Upon receipt of the petition from the board, the board of supervisors shall appoint assessment commissioners within 60 days, who shall qualify in the manner provided in Section 51230.

(Added by Stats. 1951, Ch. 336.)

51236.
  

The assessment commissioners shall assess the estimated cost of the reclamation plan upon the district land in the manner provided in Section 51231.

(Added by Stats. 1951, Ch. 336.)

51237.
  

The sums assessed shall be collected in the manner provided in Chapter 3 of this part and paid into the county treasury to the credit of the district.

(Added by Stats. 1951, Ch. 336.)

51238.
  

The money collected on assessments levied pursuant to Section 51236 shall be paid out for the reclamation works upon the warrants of the trustees, or, if bonds of the district have been issued upon the assessment, shall be deposited in a separate fund for the sole purpose of paying principal and interest on the bonds and the expenses of the county treasurer.

(Added by Stats. 1951, Ch. 336.)

51239.
  

The assessment commissioners appointed pursuant to Sections 51230 and 51235 shall make a list of the charges assessed against each parcel, containing:

(a) A description of each parcel assessed, by legal subdivisions, swamp-land surveys, or other boundaries sufficient to identify the same.

(b) A statement as to the number of acres in each parcel.

(c) The names of the owners of each parcel, if known, and if unknown, that fact.

(d) A statement as to the amount of the charge assessed against each parcel.

(Added by Stats. 1951, Ch. 336.)

51240.
  

If the list of charges contains any error in the description of the land or the name of the owner, or if any land which should be assessed is omitted from the list, or if there is an error in any other respect, the assessment commissioners may correct the list at any time before it is approved by the board of supervisors.

(Added by Stats. 1951, Ch. 336.)

51241.
  

No error in the list of charges assessed shall render the assessment of a parcel invalid.

(Added by Stats. 1951, Ch. 336.)

51242.
  

The list of charges assessed, when completed, shall be filed with the clerk of the board of supervisors.

(Added by Stats. 1951, Ch. 336.)

51243.
  

Upon receipt of the list of charges, the board of supervisors shall appoint a time when it will meet for the purpose of hearing any objections to the assessment.

(Added by Stats. 1951, Ch. 336.)

51244.
  

Notice of the hearing shall be given by publication once a week for two successive weeks in some newspaper of general circulation published in the principal county.

(Added by Stats. 1951, Ch. 336.)

51245.
  

Any time before the hearing, any person interested in land upon which any charge has been assessed may file a written objection to the assessment, which shall state the grounds of objections and be verified by the affidavit of the person objecting, or some other person who is familiar with the facts.

(Added by Stats. 1951, Ch. 336.)

51246.
  

No objection shall be considered by the board of supervisors, or allowed in any other action or proceeding, unless it is made in writing to the board of supervisors.

(Added by Stats. 1951, Ch. 336.)

51247.
  

At the hearing the board of supervisors shall hear any evidence offered in support of written objections and may modify or amend the assessment, or make a reapportionment of the entire assessment.

(Added by Stats. 1951, Ch. 336.)

51248.
  

If the amount of any assessment in the list is changed, the board of supervisors shall set a day for hearing objections to the assessment as changed, and shall publish notice of the hearing as provided in Section 51244.

(Added by Stats. 1951, Ch. 336.)

51249.
  

At the hearing on the changes in the assessment an objection in writing may be made by any person interested, and the board of supervisors shall proceed to hear that objection in the same manner as upon the original hearing.

(Added by Stats. 1951, Ch. 336.)

51250.
  

If the amount of any assessment is again changed the board of supervisors shall proceed as before to give notice and to hear objections to the changes, and shall proceed in a similar manner until the amount of each assessment is finally fixed and approved.

(Added by Stats. 1951, Ch. 336.)

51251.
  

The board of supervisors shall then make an order approving the assessment, and shall endorse the order upon the assessment list.

(Added by Stats. 1951, Ch. 336.)

51252.
  

The endorsement shall be signed by the chairman of the board of supervisors and attested by the clerk thereof.

(Added by Stats. 1951, Ch. 336.)

51253.
  

The decision of the board of supervisors in approving the assessment list is final, and thereafter the endorsed assessment list is conclusive evidence that the charges were levied according to law, except in an action commenced pursuant to Section 51259.

(Added by Stats. 1951, Ch. 336.)

51254.
  

The assessment list shall be prepared in duplicate, and one original shall be retained in the office of the district, and the second original shall be filed with the county treasurer.

(Added by Stats. 1951, Ch. 336.)

51255.
  

If the district is situated in more than one county, a copy of the assessment list certified by the county treasurer, shall be filed with the treasurer of each of the other counties.

(Added by Stats. 1951, Ch. 336.)

51256.
  

When the second original assessment list is filed as provided in Section 51254, the charges assessed thereby upon parcels constitute a lien thereon, and the filing constitutes notice thereof to all persons.

(Added by Stats. 1951, Ch. 336.)

51257.
  

The lien of an unpaid assessment upon which bonds have been issued continues until the bonds, and any refunding bonds which have been issued, are paid in full, except as provided in reference to the use of bonds as payment of assessments.

(Added by Stats. 1951, Ch. 336.)

51258.
  

No subsequent act or conduct of the board shall invalidate an assessment after it becomes a lien, and the board may be compelled by mandate, or other proper proceeding, to perform its duties as required by law.

(Added by Stats. 1951, Ch. 336.)

51259.
  

At any time within 30 days after the assessment list is filed with the county treasurer, any person aggrieved by the decision of the board of supervisors in approving the list may commence an action in the superior court of the principal county to have the list corrected, modified or annulled.

(Added by Stats. 1951, Ch. 336.)

51260.
  

If the action is not commenced within 30 days, no action or defense shall thereafter be maintained attacking the legality of the assessment.

(Added by Stats. 1951, Ch. 336.)

WATWater Code - WAT1