Chapter 2-11 — SPECIAL ASSESSMENTS

Article 1 General

Prior to the adoption of any ordinance or resolution by the City Council of the City of San Leandro, ordering the construction of any public improvement or the acquisition of any property for public use, or both, where the cost of such construction or acquisition is to be paid in whole or in part by special assessment or other special assessment taxes upon property, and it appears that the public convenience and necessity require such undertaking or improvement and that proceedings should be taken therefor, without complying with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Streets and Highways Code §§ 2800 et seq.) (herein called the "1931 Act"), a public hearing shall be held on said question of public convenience and necessity and notice of said hearing shall be given in the time and manner provided herein.

Prior to the adoption of any ordinance or resolution ordering the construction of any public improvement or acquisition of any property for public use, or both, pursuant to any law or ordinance providing for the levy of special assessments upon property, a resolution of preliminary determination shall be passed and adopted describing the proposed improvement and the boundary lines of the district proposed to be assessed to pay therefor, and setting a time and place where and when any person who would be entitled to protest under the 1931 Act may file written objections and may appear and show cause, if any they have, why the City Council should not find and determine that the public convenience and necessity require the proposed improvement or acquisition without compliance with the 1931 Act.

Notice of the hearing above provided for shall be given to the owners of the property within the boundary lines of the proposed district to be assessed to pay for the costs of said acquisition or improvement as follows:

(a) Notice setting forth the time and place of the hearing on the public convenience and necessity of said improvement shall be published once in the official newspaper of the City, which publication shall be completed at least 10 days before the date fixed for said hearing. The City Clerk shall give said notice.

(b) Notice of the hearing shall be posted for 10 days on or near the door of the Council Chambers of the City Council of the City of San Leandro, State of California, the posting of which shall be completed at least 10 days prior to the date fixed for said hearing. The City Clerk shall post said Notice.

(c) Notice of the hearing shall be conspicuously posted along the line of the contemplated work, at not more than 300 feet in distance apart, but not less than three in all, and along and upon all streets and alleys within the district to be benefited by the proposed improvement or work; said posting shall be completed at least seven days prior to the date fixed for said hearing. The City Clerk, shall post said Notices.

The above notices shall briefly describe the proposed improvement.

Any person who would be entitled to protest under the 1931 Act may, on or before the time fixed for said hearing, file with the City Clerk written objections to undertaking said proceedings without first complying with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. Said objections shall bear the description of his or her property, and a statement of the nature of his or her objection. If no objections are filed as provided for herein, or when said objections shall have been heard and overruled, the City Council may by a four-fifths (4/5ths) vote adopt a resolution finding and determining that public convenience and necessity require the proposed acquisition of improvement, or both, and that the 1931 Act shall not apply.