Municipal Code, Complete - City of Santa Barbara

10.70.340 Hearing; Change of Boundaries.
At the hearing the Council may alter the boundaries of the proposed district as it finds to be proper and advisable
and shall define and establish the boundaries, but the Council shall not modify the boundaries so as to include any
territory which will not in its judgment be benefited by the proposed district or acquisitions and improvements and no
territory shall be excluded from the proposed district which will in the judgment of the Council be benefited by the
proposed district or acquisitions and improvements. (Ord. 4062, 1980.)
10.70.350 Changes Proposed by Council; Time for Hearing Objections.
If the Council proposes to make changes in the boundaries of the proposed district or in the acquisitions or
improvements, it shall take the proceedings required by sections 10.70.360 and 10.70.400, inclusive, and shall
continue the hearing to the time fixed for hearing objections to the proposed changes. (Ord 4062, 1980.)
10.70.360 Changes Proposed by Council; Notice of Intention; Mailing; Time.
The Council shall not change any boundaries except after notice of intention to do so is published pursuant to
Section 6061 of the Government Code of the State of California in the newspaper in which the resolution of intention
was published. The notice shall specify a time for hearing objections to the pro-posed change, which shall be not less
than ten (10) days after the first publication of the notice. If a change proposed is to include additional real property
in the district, the City Clerk shall also mail a copy of the notice, postage prepaid, to each owner to whom real
property in the area proposed to be assessed is shown on the last equalized assessment roll, at his address as shown
upon the roll, and to each person, whether owner in fee or having a lien upon, or legal or equitable interest in, any
such real property, whose name and address and a designation of the real property in which he is interested are on file
in the office of the Clerk. The notice shall be mailed at least ten (10) days prior to the time set for hearing objections.
(Ord. 4062, 1980.)
10.70.370 Boundary Map.
The provisions of Section 3113 of the Streets and Highways Code of the State of California shall apply. (Ord.
4062, 1980.)
10.70.380 Changes Proposed by Council; Objections.
Written objections to any proposed change may be filed with the City Clerk by any interested person at any time
prior to the hour set for hearing them. (Ord. 4062, 1980.)
10.70.390 Changes Proposed by Council; Hearing on Objections; Finality.
The Council shall hear and pass upon objections to proposed changes at the time appointed or at any time to which
the hearing may be adjourned. Its decision shall be final. (Ord. 4062, 1980.)
10.70.400 Boundary Change; Computation of Majority Protest.
If the boundaries are changed, protests objecting to the formation of the district or acquisitions and improvements
made by owners of real property excluded by the change shall not be counted in computing a majority protest as
hereinbefore provided, but written protests objecting to the formation of the district or acquisitions and improvements
made by owners of real property remaining in the district and by the owners of real property added by the change and
filed not later than the time fixed for hearing objections to such change shall be counted in computing a majority
protest as hereinbefore provided. (Ord. 4062, 1980.)
10.70.410 Resolution Establishing District.
At the conclusion of the hearing fixed by the resolution of intention, if no majority protest is on file (or, if on file,
has been overruled by an affirmative vote of four-fifths of the members of the Council) and if all protests and
objections, including protests and objections to changes, have been overruled and denied, the Council may proceed
further under this chapter and may adopt a resolution ordering the acquisitions and improvements, approving the
report, declaring that the district is formed and levying the assessment. Upon such adoption the district is formed and
organized and the assessment is levied. (Ord. 4062, 1980.)
10.70.420 Tardy Protests, Waiver; Ground for Attack Upon Proceedings.
Any objections or protests not made at the time and in the manner provided in this chapter are deemed waived
voluntarily. Proceedings under this chapter shall not be attacked after the conclusion of the hearing upon any ground
not stated in an objection or protest filed pursuant to this chapter. (Ord. 4062, 1980.)
270-5 rev. 12/31/95