As used in this article:
(a) “District” means a habitat maintenance assessment district formed pursuant to this article.
Terms Used In California Government Code 50060
- City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Education Code 19429
- County: includes city and county. See California Education Code 19428
- Local agency: as used in this division means county, city, or city and county, unless the context otherwise requires. See California Government Code 50001
(b) “Improvement” means one or any combination of the following:
(1) The acquisition, construction, or rehabilitation of any facilities needed to create, restore, enhance, or maintain natural habitat.
(2) The installation or construction of any facilities which are appurtenant to any facilities in paragraph (1) or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
(3) The installation of habitat improvements, including, but not limited to, any of the following:
(A) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage.
(B) The maintenance or servicing, or both, of any of the foregoing.
(4) The acquisition of land for habitat maintenance purposes.
(5) The acquisition of any existing improvement otherwise authorized pursuant to this article.
(c) “Incidental expenses” include all of the following:
(1) The costs of preparation of the report, including plans, specifications, estimates, diagrams, and assessment.
(2) The costs of printing, advertising, and the giving of published, posted, and mailed notices.
(3) Compensation payable to the county for collection of assessments.
(4) Compensation of any engineer, scientist, or attorney employed to render services in proceedings pursuant to this article. The compensation shall not exceed the estimated amount required to provide the service.
(5) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
(6) Any expenses incidental to the issuance of bonds or notes pursuant to Section 50068.
(7) The costs of biological monitoring and evaluation of collected data related to the establishment or operation of natural habitat.
(8) The direct costs incurred by the Department of Fish and Game in approving long-term natural habitat maintenance plans pursuant to Section 2901 of the Fish and Game Code.
(d) “Legislative body” means the city council, board of supervisors, or any other governing body of a local agency.
(e) “Local agency” means any city, county, or city and county, whether general law or chartered.
(f) “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to, all of the following:
(1) Repair, removal, or replacement of all or any part of any improvement.
(2) Providing for the life, growth, health, and beauty of habitat, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
(3) The removal of trimmings, rubbish, debris, and other solid waste.
(4) The operation and management of natural habitat, including biological monitoring and evaluation of collected data.
(5) The conduct of biological activities necessary to sustain the species being protected.
(Added by Stats. 1993, Ch. 1301, Sec. 3. Effective January 1, 1994.)