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1. Focus on Prevention. <br />Through the development and implementation of a Plan of Control, a CHAD <br />acts to prevent damage resulting from earth movement by identifying and <br />monitoring potential geologic hazards and undertaking improvements as <br />appropriate. <br />2. Ability to Respond to Unforeseen Events. <br />When unforeseen hazards arise, GHADs, as existing agencies, are in place <br />with the technical and organizational resources and funding capability needed <br />to respond quickly and effectively. <br />3. Improved Method of Collecting Assessments. <br />GHADs are authorized to collect assessments along with the general property <br />tax. This avoids requiring separate collection by a private entity, such as a <br />homeowners' association. <br />4. Concerns Over Liability Less Likely to Discourage Needed Actions. <br />In addition, under state law (Government code sections 865 et seq.), GHADs <br />are given a degree of immunity from liability for actions they undertake. The <br />State Legislature intended that this provision encourage local public entities to <br />take remedial action to abate earth movement. <br />Procedure to Create GHADs <br />The basic steps for formation are: <br />1. The applicant or local agency prepares a Plan of Control. The Plan of Control <br />must be attached to the formation petition and, thus, is before the public and <br />the legislative body throughout the decision making process. The Plan of <br />Control must be prepared by a certificated engineering geologist and describe <br />geologic hazards, their location, the affected areas, and a plan for prevention, <br />mitigation, abatement and control of these hazards. The Plan of Control <br />serves as a "general plan" for the CHAD and addresses the GHAD's ongoing <br />activities, including the monitoring of geologic conditions, identification of <br />geologic hazards, construction of needed improvements, and the <br />maintenance, repair, and replacement of facilities. <br />2. The legislative body must adopt a resolution declaring that it will be subject to <br />the statutory provisions for initiating formation proceedings. <br />3. A petition signed by the owners of at least 10 percent of the property within <br />the proposed CHAD is presented to the legislative body. <br />4. The legislative body sets a hearing with notice to property owners within the <br />CHAD area. Property owners within the proposed GHAD may object to <br />formation. If it appears that owners of greater than 50 percent of the <br />assessed valuation of the GRAD area object, the legislative body must <br />abandon the formation proceedings. <br />Page 3 of 7 <br />