reglab/housing_qa huggingface dataset:
CA St & Hwy Code § 5898.12 (2021)
2021 California Code|Streets and Highways Code - SHC|DIVISION 7 - THE IMPROVEMENT ACT OF 1911|PART 3 - PERFORMING THE WORK|CHAPTER 29 - Contractual Assessments|ARTICLE 1 - General Provisions|Section 5898.12.

5898.12.  (a) It is the intent of the Legislature that this chapter should be used to finance public improvements to lots or parcels that are developed and where the costs and time delays involved in creating an assessment district pursuant to other provisions of this division or any other law would be prohibitively large relative to the cost of the public improvements to be financed.(b) It is also the intent of the Legislature that this chapter should be used to finance the installation or prepaid service contract, or both, of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to residential, commercial, industrial, agricultural, or other real property.(c) It is also the intent of the Legislature to address chronic water needs throughout California by permitting voluntary individual efforts to improve water efficiency. The Legislature further intends that this chapter should be used to finance the installation of water efficiency improvements that are permanently fixed to residential, commercial, industrial, agricultural, or other real property, including, but not limited to, recycled water connections, synthetic turf, cisterns for stormwater recovery, and permeable pavement.(d) It is also the intent of the Legislature that a public agency in the process of establishing an assessment program, to the extent feasible, use a good faith effort to provide advance notice of the proposed program to water and electric service providers in the relevant service area, as set forth in Section 5898.24, to allow the most efficient coordination and collaboration between the public agency and water and electric service providers.(e) This chapter shall not be used to finance facilities for parcels in connection with the initial construction of a residential building, unless the initial construction is undertaken by the intended owner or occupant.(f) This chapter shall not be used to finance the purchase or installation of appliances that are not permanently fixed to residential, commercial, industrial, agricultural, or other real property.(g) Assessments may be levied pursuant to this chapter only with the free and willing consent of the owner of each lot or parcel on which an assessment is levied at the time the assessment is levied.(Amended by Stats. 2014, Ch. 599, Sec. 2. (AB 1883) Effective January 1, 2015.)
CA St & Hwy Code § 5898.14 (2021)
2021 California Code|Streets and Highways Code - SHC|DIVISION 7 - THE IMPROVEMENT ACT OF 1911|PART 3 - PERFORMING THE WORK|CHAPTER 29 - Contractual Assessments|ARTICLE 1 - General Provisions|Section 5898.14.

5898.14.  (a) The Legislature finds all of the following:(1) Energy and water conservation efforts, including the promotion of energy efficiency improvements to residential, commercial, industrial, agricultural, or other real property are necessary to address the issue of global climate change.(2) The upfront cost of making residential, commercial, industrial, agricultural, or other real property more energy and water efficient prevents many property owners from making those improvements. To make those improvements more affordable and to promote the installation of those improvements, it is necessary to authorize an alternative procedure for authorizing assessments to finance the cost of energy and water efficiency improvements.(b) The Legislature declares that a public purpose will be served by a voluntary contractual assessment program that provides the legislative body of any public agency with the authority to finance the installation of distributed generation renewable energy sources and energy or water efficiency improvements that are permanently fixed to residential, commercial, industrial, agricultural, or other real property.(Amended by Stats. 2009, Ch. 444, Sec. 3. (AB 474) Effective January 1, 2010.)
CA St & Hwy Code § 5898.15 (2021)
2021 California Code|Streets and Highways Code - SHC|DIVISION 7 - THE IMPROVEMENT ACT OF 1911|PART 3 - PERFORMING THE WORK|CHAPTER 29 - Contractual Assessments|ARTICLE 1 - General Provisions|Section 5898.15.

5898.15.  (a) A public agency shall not permit a property owner to participate in any program established pursuant to this chapter if the owner’s participation would result in the total amount of any annual property taxes and assessments exceeding 5 percent of the property’s market value, as determined at the time of approval of the owner’s contractual assessment.(b) Nothing in this chapter shall be construed to void or otherwise release a property owner from the contractual obligations incurred by a contractual assessment on a property, particularly in the event that the total amount of annual property taxes and assessments exceeds 5 percent of a property’s market value after the property owner has entered into a contractual assessment pursuant to this chapter.(c) This section applies to a property owner who seeks to participate in a program established pursuant to this chapter for types of property not subject to the requirements of Sections 5898.16 and 5898.17.(Amended by Stats. 2016, Ch. 618, Sec. 3. (AB 2693) Effective January 1, 2017.)
CA St & Hwy Code § 5898.18 (2021)
2021 California Code|Streets and Highways Code - SHC|DIVISION 7 - THE IMPROVEMENT ACT OF 1911|PART 3 - PERFORMING THE WORK|CHAPTER 29 - Contractual Assessments|ARTICLE 1 - General Provisions|Section 5898.18.

5898.18.  All references to financing in this chapter shall be deemed to also refer to refinancing, except that with respect to refinancing, the legislative body shall conclude that providing the refinancing will result in an increased adoption of the improvements authorized to be financed by this chapter. This section does not constitute a change in, but is declaratory and a clarification of existing law.(Added by renumbering Section 5898.16 by Stats. 2016, Ch. 618, Sec. 4. (AB 2693) Effective January 1, 2017.)
CA St & Hwy Code § 5898.21 (2021)
2021 California Code|Streets and Highways Code - SHC|DIVISION 7 - THE IMPROVEMENT ACT OF 1911|PART 3 - PERFORMING THE WORK|CHAPTER 29 - Contractual Assessments|ARTICLE 2 - Creation of Contractual Assessment Program|Section 5898.21.

5898.21.  Notwithstanding any other provision of this chapter, upon the written consent of an authorized public agency official, the proposed arrangements for financing the program pertaining to the installation of distributed generation renewable energy sources or energy or water efficiency improvements that are permanently fixed to real property may authorize the property owner to purchase directly the related equipment and materials for the installation of distributed generation renewable energy sources or energy or water efficiency improvements and to contract directly for the installation of distributed generation renewable energy sources or energy or water efficiency improvements that are permanently fixed to the property owner’s residential, commercial, industrial, agricultural, or other real property.(Amended by Stats. 2009, Ch. 444, Sec. 5. (AB 474) Effective January 1, 2010.)
CA St & Hwy Code § 5898.22 (2021)
2021 California Code|Streets and Highways Code - SHC|DIVISION 7 - THE IMPROVEMENT ACT OF 1911|PART 3 - PERFORMING THE WORK|CHAPTER 29 - Contractual Assessments|ARTICLE 2 - Creation of Contractual Assessment Program|Section 5898.22.

5898.22.  The report shall contain all of the following:(a) A map showing the boundaries of the territory within which voluntary contractual assessments are proposed to be offered.(b) A draft contract specifying the terms and conditions that would be agreed to by a property owner within the voluntary contractual assessment area and the public agency.(c) A statement of public agency policies concerning voluntary contractual assessments including all of the following:(1) Identification of types of facilities, distributed generation renewable energy sources, or energy or water efficiency improvements that may be financed through the use of contractual assessments.(2) Identification of a public agency official authorized to enter into voluntary contractual assessments on behalf of the public agency.(3) A maximum aggregate dollar amount of voluntary contractual assessments.(4) A method for setting requests from property owners for financing through voluntary contractual assessments in priority order in the event that requests appear likely to exceed the authorization amount.(d) A plan for raising a capital amount required to pay for work performed pursuant to voluntary contractual assessments. The plan may include amounts to be advanced by the public agency through funds available to it from any source. The plan may include the sale of a bond or bonds or other financing relationship pursuant to Section 5898.28. The plan shall include a statement of or method for determining the interest rate and time period during which contracting property owners would pay any assessment. The plan shall provide for any reserve fund or funds. The plan shall provide for the apportionment of all or any portion of the costs incidental to financing, administration, and collection of the voluntary contractual assessment program among the consenting property owners and the public agency.(e) A report on the results of the consultations with the county auditor’s office or county controller’s office concerning the additional fees, if any, that will be charged to the city or county for incorporating the proposed voluntary contractual assessments into the assessments of the general taxes of the city or county on real property, and a plan for financing the payment of those fees.(Amended by Stats. 2009, Ch. 444, Sec. 6. (AB 474) Effective January 1, 2010.)
CA St & Hwy Code § 5898.23 (2021)
2021 California Code|Streets and Highways Code - SHC|DIVISION 7 - THE IMPROVEMENT ACT OF 1911|PART 3 - PERFORMING THE WORK|CHAPTER 29 - Contractual Assessments|ARTICLE 2 - Creation of Contractual Assessment Program|Section 5898.23.

5898.23.  For purposes of the report required pursuant to Section 5898.22, the statement of public agency policies required pursuant to subdivision (c) of that section shall also include a brief description of criteria for determining the underwriting requirements, and safeguards that will be used to ensure that the total annual property tax and assessments on the property will not exceed 5 percent of the property’s market value, as determined at the time of approval for the owner’s contractual assessment. (Added by Stats. 2010, Ch. 649, Sec. 7. (SB 1340) Effective January 1, 2011.)
CA St & Hwy Code § 5898.26 (2021)
2021 California Code|Streets and Highways Code - SHC|DIVISION 7 - THE IMPROVEMENT ACT OF 1911|PART 3 - PERFORMING THE WORK|CHAPTER 29 - Contractual Assessments|ARTICLE 2 - Creation of Contractual Assessment Program|Section 5898.26.

5898.26.  At the time of the hearing, the report shall be summarized and the legislative body shall afford all persons who are present an opportunity to comment upon, object to, or present evidence with regard to the proposed contractual assessment program, the extent of the area proposed to be included within the program, the terms and conditions of the draft contract, or the proposed financing provisions. At the conclusion of the hearing, the legislative body may adopt a resolution confirming the report or may direct its modification in any respect, and thereafter may adopt a resolution confirming the report as modified, or the legislative body may abandon the proceedings. However, the legislative body may not increase the area within which contractual assessments would be offered without providing notice of the proposed increase in area pursuant to Section 5808.24. The hearing may be continued from time to time not exceeding a total of 180 days.(Added by Stats. 1987, Ch. 1388, Sec. 3.)
CA St & Hwy Code § 5898.30 (2021)
2021 California Code|Streets and Highways Code - SHC|DIVISION 7 - THE IMPROVEMENT ACT OF 1911|PART 3 - PERFORMING THE WORK|CHAPTER 29 - Contractual Assessments|ARTICLE 2 - Creation of Contractual Assessment Program|Section 5898.30.

5898.30.  Assessments levied pursuant to this chapter, and the interest and any penalties thereon shall constitute a lien against the lots and parcels of land on which they are made, until they are paid. Division 10 (commencing with Section 8500), insofar as those provisions are not in conflict with this chapter, Article 13 (commencing with Section 53930) of, and Article 13.5 (commencing with Section 53938) of, Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code apply to the imposition and collection of assessments contracted for pursuant to this chapter, including, but not limited to, provisions related to lien priority, the collection of assessments in the same manner and at the same time as the general taxes of the city or county on real property, unless another procedure has been authorized by the legislative body or by statute, and any penalties and remedies in the event of delinquency and default.(Amended by Stats. 2014, Ch. 599, Sec. 6. (AB 1883) Effective January 1, 2015.)
CA St & Hwy Code § 5898.31 (2021)
2021 California Code|Streets and Highways Code - SHC|DIVISION 7 - THE IMPROVEMENT ACT OF 1911|PART 3 - PERFORMING THE WORK|CHAPTER 29 - Contractual Assessments|ARTICLE 2 - Creation of Contractual Assessment Program|Section 5898.31.

5898.31.  Since contractual assessments on real property under this chapter are voluntary and imposed pursuant to an agreement with an assessed property owner, the Legislature finds and declares that voluntary contractual assessments under this chapter are not assessments for the purposes of Articles XIII C and XIII D of the California Constitution and therefore the provisions of Articles XIII C and XIII D and Article 4.6 (commencing with Section 53750) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code are not applicable to voluntary contractual assessments levied pursuant to this chapter.(Added by Stats. 2009, Ch. 444, Sec. 10. (AB 474) Effective January 1, 2010.)
CA St & Hwy Code § 5898.32 (2021)
2021 California Code|Streets and Highways Code - SHC|DIVISION 7 - THE IMPROVEMENT ACT OF 1911|PART 3 - PERFORMING THE WORK|CHAPTER 29 - Contractual Assessments|ARTICLE 2 - Creation of Contractual Assessment Program|Section 5898.32.

5898.32.  The legislative body shall direct its clerk to record a notice of the existence and amount of each contractual assessment with the county recorder of the county in which the lot or parcel is located. The county recorder shall accept those filings and may charge the clerk a fee for recording those documents pursuant to Section 3116. The failure of the clerk or recorder to perform the filings shall not subject the local agency or any of its officers or employees to civil liability.(Added by Stats. 1987, Ch. 1388, Sec. 3.)
CA St & Hwy Code § 5898.33 (2021)
2021 California Code|Streets and Highways Code - SHC|DIVISION 7 - THE IMPROVEMENT ACT OF 1911|PART 3 - PERFORMING THE WORK|CHAPTER 29 - Contractual Assessments|ARTICLE 2 - Creation of Contractual Assessment Program|Section 5898.33.

5898.33.  (a) If a public agency owning property, including property held in trust for any beneficiary, grants a leasehold or other possessory interest in the property, the contractual assessment may be levied on the leasehold or possessory interest and shall be payable by the owner of the leasehold or possessory interest. The assessment contract shall be entered into by the public agency that established the program and the lessee, and the public agency owning the property shall provide prior written consent to the contractual assessment.(b) At the time the assessment contract is executed, the term of the leasehold interest shall be at least as long as the term of the assessment contract.(c) If the contractual assessment on any possessory interest levied pursuant to subdivision (a) is unpaid when due, the tax collector may use those collection procedures that are available for the collection of assessments on the unsecured roll.(Added by Stats. 2014, Ch. 599, Sec. 7. (AB 1883) Effective January 1, 2015.)
CA St & Hwy Code § 8330 (2021)
2021 California Code|Streets and Highways Code - SHC|DIVISION 9 - CHANGE OF GRADE AND VACATION|PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW|CHAPTER 4 - Summary Vacation|ARTICLE 1 - Authority|Section 8330.

8330.  (a) The legislative body of a local agency may summarily vacate a street or highway that has been superseded by relocation.(b) A street or highway shall not be summarily vacated pursuant to this section if vacation would do either of the following:(1) Cut off all access to a person’s property which, prior to relocation, adjoined the street or highway.(2) Terminate a public service easement, unless the easement satisfies the requirements of Section 8333.(Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
CA St & Hwy Code § 8330.5 (2021)
2021 California Code|Streets and Highways Code - SHC|DIVISION 9 - CHANGE OF GRADE AND VACATION|PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW|CHAPTER 4 - Summary Vacation|ARTICLE 1 - Authority|Section 8330.5.

8330.5.  (a) Subject to subdivisions (b) and (c), the commission may retain, relinquish to a local agency pursuant to Section 73, or summarily vacate a state highway that has been superseded by relocation.(b) The commission shall not vacate a state highway unless the commission has first given a notice of relinquishment pursuant to Section 73 and the legislative body of the local agency has protested within the prescribed 90-day period that the highway is not needed for public use and should be vacated by the commission.(c) If vacation of a state highway would cut off all access to the property of any person which, prior to relocation, adjoined the highway, the commission shall either retain the highway or relinquish it pursuant to Section 73.(Added by Stats. 1980, Ch. 1050, Sec. 29.)
CA St & Hwy Code § 8331 (2021)
2021 California Code|Streets and Highways Code - SHC|DIVISION 9 - CHANGE OF GRADE AND VACATION|PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW|CHAPTER 4 - Summary Vacation|ARTICLE 1 - Authority|Section 8331.

8331.  The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist:(a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel.(b) No public money was expended for maintenance on the street or highway during such period.(Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
CA St & Hwy Code § 8332 (2021)
2021 California Code|Streets and Highways Code - SHC|DIVISION 9 - CHANGE OF GRADE AND VACATION|PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW|CHAPTER 4 - Summary Vacation|ARTICLE 1 - Authority|Section 8332.

8332.  The legislative body of a local agency may summarily vacate a street or highway pursuant to an agreement entered into with the department pursuant to Section 100.2 to close the street or highway at or near the point of its interception with a state freeway.(Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
CA St & Hwy Code § 8333 (2021)
2021 California Code|Streets and Highways Code - SHC|DIVISION 9 - CHANGE OF GRADE AND VACATION|PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW|CHAPTER 4 - Summary Vacation|ARTICLE 1 - Authority|Section 8333.

8333.  The legislative body of a local agency, or any public officer or employee authorized by the legislative body as provided in subdivision (a) of Section 8335, may summarily vacate a public service easement in any of the following cases:(a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.(b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.(c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.(Amended by Stats. 2015, Ch. 269, Sec. 35. (SB 184) Effective January 1, 2016.)
CA St & Hwy Code § 8334 (2021)
2021 California Code|Streets and Highways Code - SHC|DIVISION 9 - CHANGE OF GRADE AND VACATION|PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW|CHAPTER 4 - Summary Vacation|ARTICLE 1 - Authority|Section 8334.

8334.  The legislative body of a local agency may summarily vacate any of the following:(a) An excess right-of-way of a street or highway not required for street or highway purposes.(b) A portion of a street or highway that lies within property under one ownership and that does not continue through such ownership or end touching property of another.(Added by Stats. 1980, Ch. 1050, Sec. 29.)
CA St & Hwy Code § 8334.5 (2021)
2021 California Code|Streets and Highways Code - SHC|DIVISION 9 - CHANGE OF GRADE AND VACATION|PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW|CHAPTER 4 - Summary Vacation|ARTICLE 1 - Authority|Section 8334.5.

8334.5.  Notwithstanding any other provision of this article, a street, highway, or public service easement may not be summarily vacated if there are in-place public utility facilities that are in use and would be affected by the vacation.(Added by Stats. 1980, Ch. 1050, Sec. 29.)
CA St & Hwy Code § 8335 (2021)
2021 California Code|Streets and Highways Code - SHC|DIVISION 9 - CHANGE OF GRADE AND VACATION|PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW|CHAPTER 4 - Summary Vacation|ARTICLE 2 - Procedure|Section 8335.

8335.  (a) (1) The legislative body may vacate a street, highway, or public service easement pursuant to the authority provided in this chapter by adopting a resolution of vacation.(2) The legislative body may delegate the authority to vacate a public service easement to any public officer or employee otherwise qualified to prepare easements or approve parcel maps or final maps as defined in Title 7 of Division 2 of the Government Code, pursuant to the authority provided in this chapter by recordation of a document containing the information in subdivision (b).(b) The resolution of vacation shall state all of the following:(1) That the vacation is made under this chapter.(2) The name or other designation of the street, highway, or public service easement and a precise description of the portion vacated. The description of the portion vacated may be by a precise map which is recorded or to which reference is made in the resolution and which is permanently maintained by the public entity.(3) The facts under which the summary vacation is made. If the vacation is made pursuant to Section 8332, the statement shall include the date of the agreement. The resolution is prima facie evidence of the facts stated.(4) That from and after the date the resolution is recorded, the street, highway, or public service easement vacated no longer constitutes a street, highway, or public service easement.(5) If the resolution of vacation applies to a public service easement vacated by a public officer or employee delegated authority pursuant to subdivision (a), a certification that all entities having any right, title, or interest in the public service easement being vacated have been notified of this action.(Amended by Stats. 2015, Ch. 269, Sec. 36. (SB 184) Effective January 1, 2016.)