California Streets and Highways Code
This part may be cited as the Change of Grade Act of 1909.
This part shall be liberally construed in order to effectuate its purposes.
"City" includes all corporations organized and existing for municipal purposes.
"City council" and "council" include any body which by law is the legislative department of the government of the city.
"Clerk" and "city clerk" include any person or officer who is clerk of the city council.
"Street superintendent" includes any person, officer or board whose duty it is under the law to have the care or charge of streets, or the improvement thereof, in any city. In any city in which there is no street superintendent, or no such board, the legislative body may designate some other officer or board to perform the duties imposed by this part on the street superintendent, and all the provisions hereof applicable to the street superintendent shall apply to the officer or board so designated.
"Street" includes public street, lane, alley, court, or other place.
"Ordinance" includes resolution.
Proof of publication of any notice required by this part shall be made by affidavit, as provided in the Code of Civil Procedure, and proof of the posting of any such notice shall be made by the affidavit of the person posting the notice, setting forth the facts regarding such posting.
Any officer who is required by this part to have any notice published or posted shall obtain and file in his office the affidavits in proof thereof but his failure so to do shall not affect the validity of any proceedings under this part. Any such affidavit so filed shall be prima facie evidence of the facts therein stated regarding such publication or posting.
This part provides an alternative system of proceedings for changing or modifying the grades of streets in cities; and the provisions of this part shall not apply to or affect any other provisions of this code.
When any proceedings are commenced under this part, the provisions of this part, and no other, shall apply to such proceedings.