Hearings for Harbor Improvement Districts

Division 8, Part 2, Chapter 1 of the California Harbors and Navigation Code deals with the formation of harbor improvement districts in this state. Article 2 concerns hearings on the formation of these improvement districts. Section 5830 requires, at the time and place specified in the notice, the board of supervisors to consider the petition and may continue the hearing from time to time not exceeding a period of ninety days.

Section 5831 explains that a certificate issued by the assessor of the county and filed in the proceedings, which states that the name of any signer of the petition appears upon the last equalized assessment-roll of the county for land assessed to him or her and located within the boundaries of the proposed district, is prima facie evidence that the signer is a freeholder within the proposed district.

Section 5832 allows, at the hearing, for the board of supervisors to change the exterior boundaries of the proposed district, as set forth in the petition, by excluding lands which would not be benefited by the improvement or development of the harbor.

Section 5833 authorizes the board of supervisors to change the exterior boundaries of the proposed district, as set forth in the petition by adding to the proposed district other contiguous lands which will be benefited by the improvement or development of the harbor.

Section 5834 specifies that land may not be added to the proposed district until notice is served upon the owner of the lands proposed to be added.

Section 5835 requires the board of supervisors to investigate and determine three specified items. For the purpose of investigation and determination, it may submit the improvement or development work described in the petition to engineers for examination and report.

Section 5836 notes that, if it appears, and the board of supervisors finds that it is necessary, in order to make a sufficient and adequate examination, to continue the hearing beyond ninety days, the board may for that purpose continue the hearing for not longer than six months from the date of the presentation of the petition.

Section 5837 explains that if the improvement, development, protection, maintenance, management or control of a harbor or any part thereof, the petition must be submitted to and approved by the harbor commission, before it is presented to the board of supervisors, and all investigations of the improvement or development work, and its estimated cost, ordered or directed to be made by the board of supervisors, must be made by or under and subject to the approval of the harbor commission.

Section 5838 provides that neither the board of supervisors nor the harbor commission, if one exists, is bound by the improvement or development work described in the petition, or by the estimated cost set forth, but it may find that other, different, or less amount of improvement or development work should be done, and find the estimated cost and the incidental expenses.

Section 5839 requires, upon final hearing, the board of supervisors to have a finding of facts entered upon the minutes of the meeting if it appears that five conditions are met.

Section 5840 requires the finding of facts required to be made by the board of supervisors five specified items.

Section 5841 specifies that the findings are conclusive evidence of the existence of every fact found by the board of supervisors and of the due signing and publication of the petition and of the publication or personal service of all prior notices, and vest the board with authority to proceed pursuant to this part.