Article 2. Hearing of California Health And Safety Code >> Division 6. >> Part 1. >> Chapter 2. >> Article 2.
At the time designated the board of supervisors shall hear
the petition, and may adjourn the hearing from time to time.
The board of supervisors shall not modify the boundaries of
the proposed district as set forth in the petition so as to exclude
from the proposed district any land which would be benefited by the
formation of the district, nor shall there be included in the
proposed district any lands which will not in the judgment of the
board be benefited.
If the board of supervisors concludes that any land has been
improperly omitted from the proposed district and the owner has not
appeared at the hearing, it shall continue the further hearing of the
petition, and shall order notice given to the nonappearing owner,
requiring him to appear before it and show cause, if any he has, why
his land should not be included in the proposed district.
The notice shall be given either by publication in the same
manner as the original petition and for the same period, or by
personal service on each nonappearing owner.
If the notice is given by personal service, it shall be given
at least three days prior to the date fixed for the further hearing.
The board of supervisors may grant further continuances, by
order entered in its minutes, to the end that a full hearing may be
Upon the final hearing of the petition, the board of
supervisors, if it approves the petition as originally presented or
in a modified form, shall make an order containing:
(a) A description of the exterior boundaries of the proposed
district, as determined by the board of supervisors.
(b) The date on which an election will be held in the proposed
The order shall:
(a) Fix the day of the election, which shall be held on the next
established election date not less than 74 days from the date of the
(b) State that at the election there shall be elected a district
assessor, and five members of the board.
The order shall be entered in the minutes of the board of
supervisors, and is conclusive evidence of the due presentation of a
proper petition, and of the fact that each of the petitioners was, at
the time of the signature and presentation of the petition, a
resident and freeholder in the proposed district.