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Article 1. Original Assessments of California Water Code >> Division 15. >> Part 7. >> Chapter 2. >> Article 1.
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.
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.
The assessment shall be collected and paid into the county
treasury in the manner provided in Chapter 3 of this part.
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.
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.
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.
The assessment commissioners shall assess the estimated cost
of the reclamation plan upon the district land in the manner
provided in Section 51231.
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.
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.
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.
(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.
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.
No error in the list of charges assessed shall render the
assessment of a parcel invalid.
The list of charges assessed, when completed, shall be filed
with the clerk of the board of supervisors.
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.
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.
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.
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.
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.
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.
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.
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.
The board of supervisors shall then make an order approving
the assessment, and shall endorse the order upon the assessment list.
The endorsement shall be signed by the chairman of the board
of supervisors and attested by the clerk thereof.
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.
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.
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.
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.
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.
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.
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.
If the action is not commenced within 30 days, no action or
defense shall thereafter be maintained attacking the legality of the
assessment.
