2007 California Streets and Highways Code Chapter 4. Undertaking The Improvement

CA Codes (shc:22080-22096)

22080.  When the board proposes the planting, maintenance or removal
of any trees in any streets of the city, the city forester, under
the direction of the board, shall present the proposal in writing to
the city council.  The proposal shall:
   (a) Specify in detail the streets upon which the improvement is
proposed to be made.
   (b) Describe the general nature of the improvement.
   (c) Give the estimated total cost of the improvement.
   (d) Specify the kinds of trees to be planted, if any.



22081.  The proposal shall be accompanied by a diagram showing:
   (a) The streets to be improved.
   (b) The abutting lots or parcels of land and the front footage of
each.
   (c) The legal description of each such lot or parcel of land.




22082.  Each lot or parcel of land shall be separately assessed in
proportion to its frontage at a rate per front foot sufficient to
cover that proportion of the total cost and expense of the work which
is to be paid for by means of special assessments.



22083.  A proceeding for the planting, maintenance, or removal of
trees may also be instituted by a petition to the council of property
owners whose property will be among that to be assessed to pay the
cost of the proposed improvement.  Upon such petition being filed the
city forester shall file with the city council a diagram similar to
the one accompanying a written proposal of the board for similar
improvements, which shall describe the improvement proposed by the
petition.



22084.  The board or the city forester may plant, maintain, or
remove any trees in any street of the city by private arrangement for
reimbursement with the owner of any lot or parcel of land upon which
or fronting upon which the trees are situate.




22085.  The board or the city forester may expend any funds which it
may have on hand to plant, maintain, or remove trees.  The board or
city forester may expend such funds if in its judgment the
expenditures will not embarrass or affect the efficient discharge of
its duties as defined by this part, or any other law or ordinance,
and are advisable and for the best interests of the public.  Any
planting, maintenance, or removal done under the circumstances
specified in this section shall not require the initiation of any
proceedings as elsewhere specified in this part, or any other
proceedings, or any formal action by the board or by the city
council.



22086.  Before ordering any improvement specified in either the
written proposal of the board or in the petition of property owners,
the city council shall adopt a resolution of intention declaring its
intention so to do, briefly describing the improvement, the streets
which are to be improved, the general nature and the estimated costs
and expenses thereof, the kinds of trees to be planted, if any, and
fixing a time when the city council shall hear and pass upon protests
against the improvement.



22087.  If the proposal or the petition contains a provision for the
maintenance of trees which are already planted or are proposed to be
planted, the resolution shall provide for the maintenance of the
trees for the period specified in the proposal, but in any event not
to exceed five years.


22088.  The city council may order in the resolution of intention,
or thereafter, that all or a specified portion of the costs and
expenses of the improvement shall be paid out of the treasury of the
city from any funds which the city council may designate.




22089.  Owners of property which will be assessed to pay the cost of
the proposed improvement may protest against the improvement by
filing their objections in writing with the city council at any time
before the time fixed for the hearing thereof.



22090.  The city council shall cause notice to be mailed and set the
time and date for a public meeting and public hearing pursuant to
Section 54954.6 of the Government Code.  If new or increased
assessments are proposed, the city council shall comply with the
notice, protest, and hearing procedures in Section 53753 of the
Government Code.



22092.  If the owners of a majority of the front footage involved in
the improvement object to the improvement, all further proceedings
shall be terminated.  If there is a majority protest the proceeding
shall not be renewed for a period of six months, and then shall only
be renewed by the adoption of another resolution of intention.  If a
new or increased assessment is proposed, the city council shall
comply with the protest procedures in Section 53753 of the Government
Code.



22093.  On the date fixed by the resolution of intention for the
hearing of protests, the city council shall proceed to hear and pass
on all protests filed with it, and its decision thereon shall be
final and conclusive.


22094.  After the hearing, the city forester, under the direction
and supervision of the board, shall abandon the improvement or
proceed with it, according to the decision of the city council.



22095.  If the council decides to proceed with the improvement, it
shall, by resolution order the improvement to be made according to
the resolution of intention, or with such alterations or changes as
it may deem best.


22096.  After deducting any contribution to be made by the city, the
balance of the entire assessable cost of the improvement between the
lot lines, in front of any lot or parcel of land abutting on a
street which is to be improved, shall be chargeable to and assessed
upon those lots or parcels of land.