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STREETS AND HIGHWAYS CODE Printed 03/04/2003, 3:22 PM

STREETS AND HIGHWAYS CODE
LANDSCAPE AND LIGHTING ACT OF 1972


22500. This part shall be known and may be cited as the Landscaping and Lighting Act of
1972.

22501. This part shall apply to local agencies whose annual taxes are carried on the county
assessment roll and are collected by the county, or an agency or entity created pursuant to Article
1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government
Code and made up solely of local agencies whose annual taxes are carried on the county
assessment roll and are collected by the county.

22502. This part provides an alternative procedure for making the improvements herein
authorized and shall not apply to or affect any other provisions of this code.

22503. An assessment district shall consist of all territory which, as determined by the
legislative body, will be benefited by the improvements and is to be assessed to pay the costs
thereof.

22504. An assessment district may consist of all or any part of the territory within the local
agency and, in the case of a county, may consist of all or any part of the unincorporated territory
of the county.

22505. An assessment district may consist of contiguous or noncontiguous areas. The
improvements in one area need not be of benefit to other areas.

22506. The provisions of Chapter 2 (commencing with Section 5115) of Part 3 of Division 7,
pertaining to the extension of the work or the assessment district beyond the boundaries of a
local agency, are by this reference incorporated in this part.

22507. Division 4 (commencing with Section 2800) and Division 4.5 (commencing with Section
3100) do not apply to this part or proceedings taken pursuant to this part, except that Division 4.5
(commencing with Section 3100) does apply to proceedings in which the legislative body
determines to issue bonds or notes pursuant to Section 22662.5, and may be applied to any other
proceedings pursuant to this part at the discretion of the legislative body.

22508. 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 lot or 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.

22509. This part shall be liberally construed to effectuate its purpose. Any proceedings taken
under this part and any assessment levied pursuant thereto shall not be invalidated for failure to
comply with the provisions of this part if such failure does not substantially and adversely affect
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STREETS AND HIGHWAYS CODE
LANDSCAPE AND LIGHTING ACT OF 1972


the rights of any person. All determinations made by the legislative body pursuant to this part
shall be final and conclusive in the absence of fraud or prejudicial abuse of discretion.

22520. The definitions contained in this article govern the construction of this part unless the
context otherwise requires. The definition of a word or phrase applies to any variants thereof.
22521. Assessment district means an assessment district formed pursuant to this part.
22522. Clerk means the clerk or secretary of a local agency or its legislative body.
22523. Engineer means the city engineer, county engineer, engineer of the district, or any
other person designated by the legislative body as the engineer for the purposes of this part,
including any officer, board, or employee of the local agency or any private person or firm
specially employed by the local agency as engineer for the purposes of this part.
22524. Fiscal year means a 12-month period commencing on July 1 and ending on the
following June 30.
22525. Improvement means one or any combination of the following:
(a) The installation or planting of landscaping.
(b) The installation or construction of statuary, fountains, and other ornamental structures
and facilities.
(c) The installation or construction of public lighting facilities, including, but not limited to,
traffic signals.
(d) The installation or construction of any facilities which are appurtenant to any of the
foregoing or which are necessary or convenient for the maintenance or servicing thereof,
including, but not limited to, grading, clearing, removal of debris, the installation or
construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage,
or electrical facilities.
(e) The installation of park or recreational improvements, including, but not limited to, all of
the following:
1) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping,
irrigation systems, sidewalks, and drainage.
2) Lights, playground equipment, play courts, and public restrooms.
(f) The maintenance or servicing, or both, of any of the foregoing.
(g) The acquisition of land for park, recreational, or open-space purposes.
(h) The acquisition of any existing improvement otherwise authorized pursuant to this
section.
(i) The acquisition or construction of any community center, municipal auditorium or hall,
or similar public facility for the indoor presentation of performances, shows, stage
productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group
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STREETS AND HIGHWAYS CODE
LANDSCAPE AND LIGHTING ACT OF 1972


events, activities, or functions, whether those events, activities, or functions are public or
private.
22526. Incidental expenses include all of the following:
(a) The costs of preparation of the report, including plans, specifications, estimates, diagram,
and assessment.
(b) The costs of printing, advertising, and the giving of published, posted, and mailed
notices.
(c) Compensation payable to the county for collection of assessments.
(d) Compensation of any engineer or attorney employed to render services in proceedings
pursuant to this part.
(e) Any other expenses incidental to the construction, installation, or maintenance and
servicing of the improvements.
(f) Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
(g) Costs associated with any elections held for the approval of a new or increased
assessment.
22527. Including, unless expressly limited, means including without limitation.
22528. Landscaping means trees, shrubs, grass, or other ornamental vegetation.
22529. Legislative body means the legislative body or governing board of any local agency.
22530. Local agency means a county, a city and county, a city, a special district, or an agency
or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division
7 of Title 1 of the Government Code and made up solely of local agencies whose annual taxes
are carried on the county assessment roll and are collected by the county.
22531. Maintain or maintenance means the furnishing of services and materials for the
ordinary and usual maintenance, operation, and servicing of any improvement, including:
(a) Repair, removal, or replacement of all or any part of any improvement.
(b) Providing for the life, growth, health, and beauty of landscaping, including cultivation,
irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
(c) The removal of trimmings, rubbish, debris, and other solid waste.
(d) The cleaning, sandblasting, and painting of walls and other improvements to remove or
cover graffiti.
22532. Property owner means: any person shown as the owner of land on the last equalized
county assessment roll; when such person is no longer the owner, then any person entitled to be
shown as owner on the next county assessment roll, if such person is known to the local agency;
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