STREETS AND HIGHWAYS CODE
36500. This part shall be known and may be cited as the "Parking
and Business Improvement Area Law of 1989."
36501. (a) The Legislature finds and declares that businesses located
and operating within the business districts of this state's communities
are economically disadvantaged, are underutilized, and are unable
to attract customers due to inadequate facilities, services, and
activities in the business districts.
(b) The Legislature also finds and declares that it is in the
public interest to promote the economic revitalization and physical
maintenance of the business districts of its cities in order to
create jobs, attract new businesses, and prevent erosion of the
(c) The Legislature also finds that it is of particular local
benefit to allow cities to fund property related improvements and
activities through the levy of assessments upon the businesses which
benefit from those improvements and activities.
(d) The Legislature also finds and declares that tourism is a
large and growing contributor to California's economy, and that
promotion of a city's or county's scenic, recreational, cultural,
and other attractions as a tourist destination is an important public
(e) The Legislature also finds and declares that assessments levied
for the purpose of providing improvements and promoting activities
which benefit individual businesses may also benefit the property
within the area directly or indirectly and that those assessments
are not taxes for the general benefit of a city, but are assessments
for the improvements and activities which confer special benefits
upon the businesses for which the improvements and activities are
36502. The purpose of this part is to recodify and supplant previously
enacted provisions of law which authorize cities to levy assessments
on businesses within a parking and business improvement area and
to provide a uniform procedure to levy assessments for improvements
and activities of businesses located and operating in a business
district of a city. This part does not affect or limit any other
provisions of law authorizing or providing for the furnishing of
improvements or activities or the raising of revenue for these purposes.
In addition, this part is intended to provide a method for financing
public programs to attract tourist visits to areas where tourism
is economically important and desired.
36503. Any provision of this part which conflicts with any other
provision of law shall prevail over the other provision of law.
36504. This part is intended to be construed liberally and, if
any provision is held invalid, the remaining provisions shall remain
in full force and effect. If the provisions of this part respecting
the levying of assessments are held invalid in any area within which
assessments have been levied pursuant to Chapter 3 (commencing with
Section 36530), the assessments shall be reimposed in an identical
amount and upon the same businesses as a matter of law and no lapse
in the levy of any assessment shall be deemed to have occurred.
Assessments levied under this part are not special taxes.