Whenever the Board determines it to be appropriate, the cost of capital replacement, maintenance and operation of any public improvement or facility of a local nature may be financed pursuant to proceedings undertaken pursuant to this Subdivision. Such proceedings are alternative to any other procedures available under general law or ordinance heretofore or hereafter enacted by the Board.
Board Powers: The Board may, by resolution, declare its intention to order that the costs and expenses of maintaining and operating any or all public improvements or facilities of a local nature, including the cost of necessary repairs, replacements, fuel, power, electrical current, care, supervision, and any and all other items necessary for the proper maintenance and operation, including replacements, improvements and extensions thereof, shall be assessed either partly or wholly upon such district as the Board shall determine will be benefited by the maintenance and operation of the public improvements or facilities proposed to be so maintained; the amounts so assessed to be collected in the same manner and by the same officers as taxes for City purposes are collected.
Purpose: The purpose of this Section is to provide an alternative procedure by which the Board may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements or facilities, or portion thereof, which are primarily local in their nature or benefit, payable from annual benefit assessments apportioned among the several lots or parcels of property within the maintenance district established therefor, the nature and formula or formulae for which is to be determined in the proceedings in which jurisdiction is provided therefor.
Resolution of Intention: The resolution of intention shall contain a statement of the formula or formulae upon and by which annual assessment levies for the payment of said costs and expenses will be apportioned according to benefits among the several lots or parcels of property within the maintenance district to be established therefor. The application of said formula or formulae shall not involve the exercise of discretion and said formula may prescribe a maximum rate or amount of annual benefit assessment to be levied for such purposes. Districts formed for parking or transit purposes shall also be subject to Subdivision 5 of this Subarticle.
Written Protests and Oral Objections: In connection with the hearing provided for the establishment of the maintenance district, owners of property within the district may file written protests against, may make oral objections to, and may be heard as to, the fairness of said formula or formulae in the same manner, at the same time and with like legal effect as provided for in other written protests and oral objections in Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code.
Initial Modification: At the hearing, the Board, of its own volition or in response to any protest made, heard or considered, may make modifications in the formula or formulae for the purpose of making the same fairer and more equitable; provided, however, that before making a final order in said matter it shall set said matter for hearing at a subsequent meeting of the Board, which hearing it shall call or to which it may adjourn; provided, further, that it shall give notice of the time, place and purpose of said hearing by one publication in a newspaper in which the original resolution of intention or notice of improvement or notice of hearing on the formation of the maintenance district was published, at least 10 days prior to the hearing. If the formula or formulae includes a maximum rate or amount of annual benefit assessment and such modification consists solely of a decrease in such maximum rate or amount of annual benefit assessment, the Board may order such decrease by resolution and no hearing need be had thereon.
Majority Protests: If the Board finds that protests thereto are made by the owners of more than ½ of the area of the property in the maintenance district subject to benefit assessment to pay said costs of maintenance and operation, no further proceedings shall be taken for a period of six months from the date of the decision of the Board on the a hearing, unless the protests are overruled by an affirmative vote of the majority of all the members of the Board. The Board may adjourn the hearing from time to time.
Determination: At the initial hearing or at the subsequent hearing on the modification of the formula or formulae as herein provided or at any meeting to which either shall have been adjourned, or at any meeting of the Board subsequent to the full hearing of said matter, with or without the matter having been submitted, the Board, by resolution, shall finally adopt a formula or formulae for the apportionment of benefits in said annual assessment levies, which formula or formulae shall be that stated in the resolution of intention or said separate resolution, or as modified; and its determination shall be final and conclusive against all persons.
Subsequent Modification: If, at any time following the final establishment of the formula or formulae for the annual assessment levies, the Board shall by resolution determine that by reason of changed conditions or because of defects or insufficiencies therein disclosed by its application, the established formula or formulae is in any way or particular inequitable or unfair, or may be made fairer and more equitable, the Board may by resolution so declare, stating the reasons therefor, and fix a time and place of hearing thereon.
Id.-Notice: The Clerk shall cause a copy of such resolution to be published once in a newspaper in which the resolution of intention or notice of improvement or notice of hearing on the formation of the maintenance district in said proceedings was published; to be mailed, postage prepaid, to all owners of property within the district; and to be posted on or near the Board Chamber door or any bulletin board in or adjacent to the City Hall. Said publication, mailing and posting shall be completed not less than 10 days prior to the hearing.
Id.-Hearing and Determination: At the hearing, protests may be filed, heard and acted upon in the manner and with like effect provided for the original formula or formulae.
Budget-Contents: The Parking Authority, the Public Utilities Commission or other responsible agency, whichever is appropriate, shall annually cause to be prepared a budget for the costs and expenses of maintaining and operating any or all of said public improvements or facilities of a local nature or benefit during the ensuing fiscal year which shall at least include the following:
The gross amount estimated to be required for the costs and expenses of maintaining and operating said public improvements or facilities;
The balance estimated to be available at the end of the current fiscal year for such purpose;
The amount, if any, anticipated to be available from revenues or charges for use or availability of such public improvements or facilities;
The amount, if any, to be contributed by the City or from other sources to pay any part of said costs and expenses; and
The balance of the amount necessary to be raised to pay said costs and expenses.
Benefit Assessment: The balance of such amount shall be raised by an annual benefit assessment on all of the lots or parcels of property within the maintenance district.
Report: In each fiscal year that such a balance is provided in the budget, the responsible agency shall cause to be prepared a report, in writing, for each maintenance district which report shall, under appropriate headings, show the necessary amounts to be provided for maintenance and operation, and by properly headed columns, show the following data as to each lot or parcel of property within such maintenance district in columnar form:
A description of each lot or parcel of property in the maintenance district, by a legal description, assessor’s parcel number or other description sufficient to identify the same;
The amount of assessment to be levied against each lot or parcel of Property in the maintenance district in accordance with the formula or formulae; and
Such other information as will be necessary or useful in applying the formula or formulae adopted by the Board.
Filing With Clerk: When the report has been completed, it shall be signed by the Director or the Manager of the responsible agency and filed with the Clerk. Upon receipt of that report, the Clerk shall place the matter on the agenda for a hearing by the Board.
Notice: The Clerk shall cause notice of hearing to be published once in a newspaper of general circulation in the City, and to be posted on or near the Board Chamber door or any bulletin board in or adjacent to the City Hall. Said publication and posting shall be completed not less than the 10 days prior to such hearing.
Hearing-Notice Form: The form of Notice shall be substantially as follows:
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the
has caused to be prepared and filed with the Clerk of the Board of Supervisors a report, in writing, which provides the basis for the benefit assessment for the following type(s) of maintenance and operation
to be borne by all lots or parcels of property within the existing maintenance district(s) No.(s) ____________, more particularly described in Exhibit “A” hereto attached and by reference incorporated herein. Said report sets forth the amounts to be provided in the budget for maintenance and operation, a description of each lot or parcel of property in the maintenance district sufficient to identify the same, and the amount of assessment to be levied for the fiscal year 19____________ against each lot or parcel of property in accordance with the applicable formula or formulae. Said report shall be open to public inspection.
Protests: The Clerk shall receive written protests and shall endorse on each protest the date and time it is filed with him. No protest received after the time fixed for hearing shall be timely, but the Board may, in its discretion, consider untimely and oral objections.
Adoption by Board-Decision Final: At the hearing, the report shall be reviewed by the Board and corrected, if necessary, approved and adopted by resolution. Upon approval and adoption as herein provided, all decisions and determinations of the Board shall be final and conclusive.
Certification and Filing: The report, together with the Certificate of the Clerk as to the fact and date of approval and adoption of said report by the Board as provided herein, shall forthwith be delivered to the Treasurer who shall thereafter deliver the report, as adopted, to the officer designated by law to extend ad valorem property taxes upon the tax roll on which they are collected.
Benefit Assessments-Posting: The officer designated by law to extend ad valorem property taxes upon the tax roll on which they are collected shall post to said tax roll the total amount of the benefit assessment levied and to be collected for said year on each lot or parcel of property within the maintenance district(s) as set forth in said report. The amount so posted shall appear as a separate item on the tax bill.
Method of Collection: The special benefit assessment shall be collected upon the last equalized secured and utility tax rolls upon which said ad valorem property taxes are collected. They shall be in addition to all of said ad valorem property taxes, and shall be collected together with and not separate therefrom and shall be enforced in the same manner and by the same persons and at the same time and with the same penalties and interest for nonpayment thereof as are said ad valorem property taxes. All laws applicable to the collection and enforcement of said ad valorem property taxes shall be applicable to said special benefit assessment levy; and the assessed lot or parcel of property, if sold for taxes, shall be subject to redemption in the same manner as such real property is redeemed from the sale for ad valorem property taxes, and if not redeemed, shall in like manner pass to the purchaser, except that the period of redemption shall be one year instead of five years.
Omitted Property: If any property within the maintenance district is erroneously omitted from any such report, said property shall be assessed for the omitted amount in the next year after such omission is discovered, and appropriate provision shall be made in the report for said year.
(Added by Ord. 225-81, App. 5/5/81)