California Streets and Highways Code 36704 – (a) Nothing in this part is intended to preempt the authority of …
(a) Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part.
(b) A multifamily improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)).
Terms Used In California Streets and Highways Code 36704
- Assessment: means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and promoting activities which will benefit the properties or businesses located within a multifamily improvement district. See California Streets and Highways Code 36705
- City: means a city, county, city and county, or an agency or entity created pursuant to the Joint Exercise of Powers Act, Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of . See California Streets and Highways Code 36705
- district: means a multifamily improvement district established pursuant to this part. See California Streets and Highways Code 36705
- Improvement: means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more, including, but not limited to:
California Streets and Highways Code 36705
- Property: means real property situated within a multifamily improvement district. See California Streets and Highways Code 36705
(c) Any provision in this part that conflicts with any other provision of law shall prevail over the other provision of law.
(d) This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect.
(e) Assessments levied under this part are not special taxes.
(f) Consistent with XIII C of the California Constitution, no assessment shall be imposed under this part on any property which exceeds the reasonable cost of the proportional special benefit conferred on that property. Only special benefits are assessable, and a city shall separate the general benefits from the special benefits conferred on any property.
(Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)