2005 California Streets and Highways Code Sections 36606-36616 Article 2. Definitions

STREETS AND HIGHWAYS CODE
SECTION 36606-36616

36606.  "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 property and business improvement district.
36607.  "Business" means all types of businesses and includes
financial institutions and professions.
36608.  "City" means a city, county, city and county, or an agency
or entity created pursuant to Article 1 (commencing with Section
6500) of Chapter 5 of Division 7 of Title 1 of the Government Code,
the public member agencies of which includes only cities, counties,
or a city and county.
36609.  "City council" means the city council of a city or the board
of supervisors of a county, or the agency, commission, or board
created pursuant to a joint powers agreement and which is a city
within the meaning of this part.
36610.  "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, the following:
   (a) Parking facilities.
   (b) Benches, booths, kiosks, display cases, pedestrian shelters
and signs.
   (c) Trash receptacles and public restrooms.
   (d) Lighting and heating facilities.
   (e) Decorations.
   (f) Parks.
   (g) Fountains.
   (h) Planting areas.
   (i) Closing, opening, widening, or narrowing of existing streets.
   (j) Facilities or equipment, or both, to enhance security of
persons and property within the area.
   (k) Ramps, sidewalks, plazas, and pedestrian malls.
   (l) Rehabilitation or removal of existing structures.
36611.  "Property and business improvement district," or "district,"
means a property and business improvement district established
pursuant to this part.
36612.  "Property" means real property situated within a district.
36613.  "Activities" means, but is not limited to, all of the
following:
   (a) Promotion of public events which benefit businesses or real
property in the district.
   (b) Furnishing of music in any public place within the district.
   (c) Promotion of tourism within the district.
   (d) Marketing and economic development, including retail retention
and recruitment.
   (e) Providing security, sanitation, graffiti removal, street and
sidewalk cleaning, and other municipal services supplemental to those
normally provided by the municipality.
   (f) Activities which benefit businesses and real property located
in the district.
36614.  "Management district plan" or "plan" means a proposal as
defined in Section 36622.
36614.5.  "Owners' association" means a private nonprofit entity
that is under contract with a city to administer or implement
activities and improvements specified in the management district
plan.  An owners' association may be an existing nonprofit entity or
a newly formed nonprofit entity.  An owners' association is a private
entity and may not be considered a public entity for any purpose,
nor may its board members or staff be considered to be public
officials for any purpose.  Notwithstanding this section, an owners'
association shall comply with the Ralph M.  Brown Act (Chapter 9
(commencing with Section 54950) of Part 1 of Division 2 of Title 5 of
the Government Code), at all times when matters within the subject
matter of the district are heard, discussed, or deliberated, and with
the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code), for
all documents relating to activities of the district.
36615.  "Property owner" or "owner" means any person shown as the
owner of land on the last equalized assessment roll or otherwise
known to be the owner of land by the city council.  The city council
has no obligation to obtain other information as to the ownership of
land, and its determination of ownership shall be final and
conclusive for the purposes of this part.  Wherever this subdivision
requires the signature of the property owner, the signature of the
authorized agent of the property owner shall be sufficient.
36616.  "Tenant" means an occupant pursuant to a lease of commercial
space or a dwelling unit, other than an owner.


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