STREETS AND HIGHWAYS CODE
10000. This division may be cited as the Municipal Improvement
Act of 1913.
10001. Unless the context otherwise requires, the definitions
contained in this part shall govern the construction of this division.
10002. "Improvement" includes all work and improvements
authorized to be done under this division which are for a public
purpose or which are necessary or incidental to a public purpose.
10003. "Municipality" and "city" include every
city, city and county, or county, or other entity, public corporation,
or agency authorized to operate under this division, including any
joint powers entity created pursuant to Chapter 5 (commencing with
Section 6500) of Division 7 of Title 1 of the Government Code and
any special district organized for the purpose of aiding in the
development or improvement of navigation or commerce to, or within,
10004. "Legislative body" includes any body which by
law is the legislative department of government of the city, or
10005. "City treasurer" includes any person or officer
who has charge and makes payments of the city or municipal funds.
10006. "Install" includes construct, reconstruct, extend,
repair, and maintain.
10006.5. Subject to the limitation of Section 10204.1, "incidental
expense" has the same meaning as specified in Section 5024.
10007. "Street" includes the whole or any part of one
or more public streets, alleys, or other places in any municipality,
and rights of way owned or held by any municipality for the purposes
of this division.
10008. "Assessment district" means the district of land
to be benefited by the improvement and to be specially assessed
to pay the costs and expenses of the improvement and the damages
caused by the improvement.
10009. The provisions of this division apply to all counties and
districts, or other public corporations insofar as such corporations
have the power applicable to them to make any of the improvements
authorized under this division. The officers of such counties, districts,
or other public corporations who have similar powers and duties
as the municipal officers referred to in this division have the
powers and duties given by this division to such municipal officials.
Where no similar officer exists, the legislative body of the county,
district, or public corporation shall by resolution appoint a person
or designate an officer to perform the duties under this division.
10010. "Acquisition", or any of its variants, means and
includes one or more of the following:
(a) Any works, improvements, appliances, or facilities authorized
to be made, constructed, or acquired under this division and which
are in existence and installed in place on or before the date of
adoption of the resolution of intention for the acquisition thereof;
any use or capacity rights in any of the foregoing; and any works,
improvements, appliances, or facilities acquired or installed pursuant
to Sections 10109 to 10111, inclusive. Any work, improvement, appliance,
or facility which was not in existence and installed in place on
or before that date may be acquired if it was constructed as if
it had been constructed under the direction and supervision or under
the authority of the municipality.
(b) Electric current, gas, or other illuminating agent for power
or lighting service.
(c) Any real property, rights-of-way, easements, or interests
in real property, acquired or to be acquired by gift, purchase,
or eminent domain, and which are necessary or convenient in connection
with the construction or operation of any work or improvement authorized
to be acquired or to be made or constructed under this division,
except real property, rights-of-way, easements, or interests in
real property shown upon a final map filed with or submitted to
the legislative body for acceptance and approval pursuant to the
Subdivision Map Act (Division 2 (commencing with Section 66410)
of Title 7 of the Government Code) and offered for dedication to
public use by that map or by any separate offer of dedication.
(d) The payment in full of all amounts necessary to eliminate
any fixed special assessment liens previously imposed upon any assessment
parcel included in the new assessment district. The amount of the
payment shall be included in the new assessment on the parcel. This
subdivision is applicable only where the acquisition is incidental
to other acquisitions or improvements.
10011. "Owner" means the person owning the fee, or the
person in whose name the legal title to the property appears, by
deed duly recorded in the county recorder's office of the county
in which the property is situated, or the person in possession of
the property or buildings under claim of, or exercising acts of
ownership over the same for himself, or as the executor, administrator,
guardian, or conservator of the owner. If the property is leased,
the possession of the tenant or lessee holding and occupying such
property shall be deemed to be the possession of the owner.
10012. This division shall be liberally construed in order to effectuate
its purposes. No error, irregularity, informality, and no neglect
or omission of any officer, in any procedure taken under this division,
which does not directly affect the jurisdiction of the legislative
body to order the work or improvement, shall avoid or invalidate
such proceeding or any assessment for the cost of work done thereunder.
The exclusive remedy of any person affected or aggrieved thereby
shall be by appeal to the legislative body in accordance with the
provisions of this division.
10013. Whenever any notice, resolution, order, or other matter
is required to be published or posted, and the duty of posting or
publishing, or procuring the same, is not specifically enjoined
upon any officer or person, the clerk shall post or procure the
publication or posting thereof, as the case may be.
No step in any proceeding shall be invalidated or affected by
any error or mistake or departure from the provisions of this section
as to the officer or person posting or publishing, or procuring
the publication or posting, of any notice, resolution, order, or
other matter when the same is actually published or posted for the
10014. The failure of the clerk to mail any notice or the failure
of any person to receive the same shall not affect in any way whatsoever
the validity of any proceedings taken under this division, nor prevent
the legislative body from proceeding with any hearing so noticed.
10015. No notice, nor any publication of any notice, order, resolution,
or other matter, other than that expressly provided in this part
or elsewhere in this division, shall be necessary to give validity
to any of the proceedings provided in this division.
10016. Any resolution, notice, report, diagram, or assessment
which is required to contain a description of the improvements,
the boundaries of the assessment district or any zones therein,
or the lines and dimensions of any parcel of land, may, for a full
and detailed description thereof, refer to any plan or map which
is on file with the clerk, the county auditor, or the county assessor
and which is open to public inspection. The plan or map so referred
to shall govern for all details of the description.