Section 2804 Of Part 1. General Provisions From California Streets And Highways Code >> Division 4. >> Part 1.
2804
. (a) This division does not apply to irrigation districts,
irrigation district improvement districts, fire districts, fire
protection districts, or public cemetery districts, or to any
proceeding otherwise subject to this division when one or more of the
following situations exist:
(1) The proceedings are undertaken by a district or public
corporation within one year of its incorporation.
(2) The improvement proceedings are by a chartered city, chartered
county, or a county sanitation district which is governed ex officio
by the board of supervisors of a chartered county, and the city,
county, or district has complied with Section 19 of Article XVI of
the California Constitution.
(3) All of the owners of more than 60 percent in area of the
property subject to assessment for the proposed improvements have
signed and filed with the clerk or secretary of the legislative body
undertaking the proceedings a written petition for the improvements
meeting the requirements of Section 2804.5.
(b) As used in this section, "substantially described" means that
additional improvements of the same or similar nature may not be
provided unless the estimated cost of the improvements does not
exceed 10 percent of the estimated cost of the improvements provided
in the former report.
(c) As used in this section, "owner of land" means only a person
who, at the time the petition is filed with the clerk or secretary of
the legislative body, appears to be the owner upon the assessor's
roll or, in the case of transfers of land, or parts thereof,
subsequent to the date upon which the last assessor's roll was
prepared, appear to be the owner on the records in the county
assessor's office which the county assessor will use to prepare the
next assessor's roll. If any person signing the petition appears on
the assessor's roll or the records in the county assessor's office as
an owner of property as a joint tenant or tenant in common, or as a
husband or wife, that property shall be counted as if all those
persons had signed the petition.