§ 36705
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/ca/streets-and-highways-code/36705A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in this part:
(a)“Activities” means, but is not limited to, all of the following:
(1)Providing security services supplemental to those normally provided by the city.
(2)Maintaining, including irrigating, landscaping.
(3)Providing sanitation, graffiti removal, street and sidewalk cleaning, and other public services supplemental to those normally provided by the city.
(4)Marketing, advertising, and promoting economic development, including the retention and recruitment of businesses and tenants.
(5)Providing managerial services for multifamily residential businesses.
(6)Providing building inspection and code enforcement services for multifamily residential businesses supplemental to those normally provided by the city.
(b)“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and promoting activities which will benefit the properties or businesses located within a multifamily improvement district.
(c)“Business” means all types of businesses, including, but not limited to, the operation of multifamily residential properties, retail stores, commercial properties, financial institutions, and professional offices.
(d)“City” means a city, county, city and county, or an agency or entity created pursuant to the Joint Exercise of Powers Act, Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county.
(e)“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part.
(f)“Clerk” means clerk of the legislative body.
(g)“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more, including, but not limited to:
(1)Parking facilities.
(2)Benches, booths, kiosks, display cases, pedestrian shelters, signs, and entry monuments.
(3)Trash receptacles.
(4)Street lighting.
(5)Street decorations.
(6)Parks.
(7)Fountains.
(8)Planting areas.
(9)Closing, opening, widening, or narrowing of existing streets.
(10)Facilities or equipment, or both, to enhance the security of persons and property within the district.
(11)Ramps, sidewalks, plazas, and pedestrian malls.
(12)Rehabilitation or removal of existing structures.
(h)“Management district plan” or “plan” means a proposal as described in Section 36713.
(i)“Multifamily improvement district,” or “district,” means a multifamily improvement district established pursuant to this part.
(j)“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement activities and improvements specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose.
(k)“Property” means real property situated within a multifamily improvement district.
(l)“Property owner” or “owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. The city council has no obligation to obtain other information as to the ownership of land, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this subdivision requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient.
(m)“Tenant” means an occupant pursuant to a lease or a rental agreement of commercial space or a dwelling unit, other than an owner.