The words "general law" or the word "act" shall mean an enactment of the legislature of the state of California. Unless herein otherwise provided, said general law or act shall be as now or hereafter amended or codified.
In proceedings had pursuant to this chapter, the general laws or acts referred to herein shall be deemed a part hereof.
(Ord. 2185-86 § 1)
Whenever the city council determines that the costs and expenses of maintaining and operating any or all public improvements of a local nature have not been adequately financed and provided for, proceedings therefor may be undertaken pursuant to this chapter.
(Ord. 2185-86 § 1)
The city council may, in its resolution declaring its intention to order work done or improvements made or by separate resolution, declare its intention to order that the costs and expenses of maintaining and operating any or all public improvements 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 thereof, shall be assessed, either partly or wholly, upon such district as said council shall determine will be benefitted by the maintenance and operation of the public improvements proposed to be maintained; the amounts so assessed to be collected in the same manner and by the same officers as taxes for county purposes are collected.
(Ord. 2185-86 § 1)
When said council has declared its intention pursuant to Section 14.25.080 hereof, the applicable provisions of Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code of the State of California, excepting Sections 5850 to 5853, inclusive, shall apply; provided that all documents required to be posted shall be posted on or near the council chamber door or on any bulletin board in or adjacent to the city hall and in three public places within the territory proposed to be formed into a maintenance district or to be annexed to an existing maintenance district.
(Ord. 2185-86 § 1)
The purpose of this chapter is to provide an alternative procedure by which the city council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, 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 for the use of such alternative procedure.
(Ord. 2185-86 § 1)
The resolution of intention to order work done or improvements made or said separate resolution, declared pursuant to Section 14.25.080, 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 and the zones of benefit, if any, to be established therefor. Said formula or formulae may prescribe a maximum rate or amount of annual benefit assessment to be levied for such purposes. Said resolution shall direct the Director of Public Works to cause to be annually prepared a budget for the costs and expenses of maintaining and operating any or all of said improvements during the ensuing fiscal year.
(Ord. 2185-86 § 1)
The director of public works annually shall cause to be prepared a budget for the costs and expenses of maintaining and operating any or all of said improvements of a local nature during the ensuing fiscal year which shall include the following:
(a) 
The gross amount required for the costs and expenses of maintaining and operating said improvements;
(b) 
The surplus balance available at the end of the fiscal year for such purpose;
(c) 
The amount, if any, to be contributed by the city or from other sources to pay any part of said costs and expenses;
(d) 
The amount if any, to be repaid to the city for funds advanced by it to pay deficits which occurred in prior years; and
(e) 
The net balance of the amount necessary to pay said costs and expenses.
(Ord. 2185-86 § 1)
In each fiscal year in which a balance is provided in the budget to be raised to pay costs and expenses pursuant to Section 14.25.120(e) hereof, the director of public works shall cause to be prepared a report, in writing, for each maintenance district, which shall set forth the budget, the formula or formulae for the annual assessment levy and, by properly headed columns, show the following data as to each lot or parcel of property within the maintenance district:
(a) 
A description of each lot or parcel of property by a legal description, assessor's parcel number or other description sufficient to identify the same:
(b) 
The amount of assessment to be levied against each lot or parcel of property in accordance with the formula or formulae; and
(c) 
Such other information as will be necessary or useful in applying the formula or formulae adopted by the city council.
(Ord. 2185-86 § 1)
The city clerk shall cause notice of the hearing on the report to be given as follows: by mailing, postage prepaid, to all owners of property subject to said assessment to pay said costs of maintenance and operation; to be published once in a newspaper of general circulation in the city; and to be posted on or near the door of the council chambers or on any bulletin board in or adjacent to the city hall. Said mailing, publication and posting shall be completed not less than ten days prior to such hearing.
(Ord. 2185-86 § 1)
The form of notice to be published and posted shall be substantially as follows:
NOTICE OF HEARING
______________________________
MAINTENANCE DISTRICT
NOTICE IS HEREBY GIVEN that the Director of Public Works of the City of Sunnyvale has caused to be prepared and filed with the City Clerk 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 district, or proposed maintenance district no. _____, 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, by a legal description, assessor's parcel number or other description sufficient to identify the same, and the amount of assessment to be levied for the fiscal year 20_____ against each lot or parcel of property. Said report shall be open to public inspection.
Any interested owner objecting to: (Only items with X are subject to objection at this hearing)
_____formation of the district;
_____boundaries of the district;
_____fairness of the benefit formula or formulae;
_____zones of benefit;
_____the amount of the assessment on any lot or parcel of property owned by him/her;
may file with the City Clerk at or before the hour fixed for hearing a protest, in writing, signed by him/her, describing the lot or parcel of property so that it may be identified, and stating the grounds of his/her protests, and may appear at said hearing and be heard in regard thereto.
Said report will be heard by the City Council at its meeting to be held on the _____ day of __________, 20_____, at the hour of _____ o'clock _____.m. in the meeting place of said Council, Council Chambers, 456 West Olive Avenue, Sunnyvale, California, at which time said Council will examine said report and hear protests.
Notice prior to the final establishment of the district shall indicate that the formation of the district, the boundaries of the district and of any zones of benefit, the benefit formula and the amount of assessment are subject to protest. In years thereafter, only the amount of assessment or changes in the formula or formulae are subject to protest and the notice shall so indicate.
(Ord. 2185-86 § 1)
The form of notice to be mailed shall be substantially as hereinabove set forth, and shall also contain a description of the lot or parcel of property covered by the notice sufficient to identify it, and the amount of the proposed assessment against said lot or parcel of property as set forth in the report.
If the city council adopts the report, the requirement for mailed notice shall not thereafter apply to hearings on reports prepared in subsequent years for the annual benefit assessment and notice by posting and publication as hereinafter provided shall be adequate.
(Ord. 2185-86 § 1)
Any and all protests must be in writing, signed by the protestant, contain a description of the property owned by him/her sufficient to identify the same, and state the grounds of his/her protest. All written protests shall be filed with the city clerk at or before the time fixed for hearing who shall endorse on each protest the date of its receipt, and at the time appointed for the hearing shall present to the city council all such protests. All protests not made within the time and in the manner herein provided shall be deemed to be waived voluntarily by any person who might have made such protest and such person shall be deemed to have consented to any act, determination, or proceedings on which protest could have been made.
(Ord. 2185-86 § 1)
In connection with the hearing provided for the establishment of the maintenance district, owners may protest as provided in Section 14.25.220 with regard to the establishment of the district, the boundaries thereof, the zones of benefit, the fairness of said benefit formula or formulae and the amount of the assessments. After a maintenance district has been established and finally determined, annual hearings will be limited to protests of the amounts of the assessment or any change in the formula or formulae. The city council may take and receive oral and documentary evidence pertaining to the matters contained in the report.
(Ord. 2185-86 § 1)
At said hearing, the city council 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 more fair and equitable; provided, however, that before making a final determination in said matter of modification it shall set said matter for hearing at a subsequent meet-ing of said council, which it shall call or to which it may adjourn; provided, further, that it shall give notice of the time, place and purpose of said meeting, one publication in the newspaper in which the original resolution of intention or notice of improvement or notice of hearing on the formation of the maintenance district or notice of hearing on the proposed annexation was published, at least 10 days prior to said hearing. If the formula or formulae modification consists solely of a decrease in such maximum rate or amount of annual benefit assessment, said council may order such decrease by resolution and no hearing need be held thereon.
(Ord. 2185-86 § 1)
If the city council finds that protests against the payment of costs of maintenance and operation are made by the owners of more than one-half of the area of the property in the proposed maintenance district, no further proceedings shall be taken for a period of six months from the date of the decision of said council on the hearing, unless the protests are overruled by an affirmative vote of four-fifths of the members thereof. The city council may adjourn the hearing from time to time.
(Ord. 2185-86 § 1)
At the initial hearing or at a subsequent hearing as herein provided or at any meeting to which either shall have been adjourned, or at any meeting of the city council subsequent to the full hearing of said matter, said council, by resolution, may finally adopt the district, a formula or formulae for the apportionment of benefits in said annual assessment levies, the budget and the amount of assessment and the assessment. Annually thereafter, at the hearing or at any subsequent hearing as herein provided or at any meeting of said council subsequent to the full hearing of said matter, said council shall adopt a budget and the amount of assessment.
(Ord. 2185-86 § 1)
If, at any time following the final establishment of the formula or formulae for said annual assessment levies, the city council shall 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 particular, inequitable or unfair, or may be made more equitable and fair, said council may, by resolution, so declare, stating the reasons therefor, and fix a time and place of hearing thereon.
(Ord. 2185-86 § 1)
The city clerk shall cause a copy of the resolution adopted by the city council as provided in Section 14.25.270 hereof to be published once in the newspaper in which the resolution of intention or notice of improvement or notice of hearing on the formation of the maintenance district or notice of hearing on the proposed annexation in said proceedings was published; to be mailed, postage prepaid, to all owners of property in said maintenance district subject to benefit assessment to pay said costs of maintenance and operation; and to be posted on or near the door of the council chambers or on 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 such hearing.
(Ord. 2185-86 § 1)
The report, together with the certificate of the city clerk as to the fact and date of approval and adoption thereof by the city council as provided in Section 14.25.260 hereof shall forthwith be delivered to the County Auditor of the county who shall thereafter deliver said report, as adopted, to the officer designated by law to extend ad valorem property taxes upon the tax roll on which they are collected.
(Ord. 2185-86 § 1)
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 as set forth in said report. The amount so posted shall appear as a separate item on the tax bill.
(Ord. 2185-86 § 1)
The special benefit assessments shall be collected upon the last secured tax roll 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 enforced in the same manner and by the same persons and at the same time and with the same penalties and interest 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.
(Ord. 2185-86 § 1)
The provisions of Sections 14.25.100 to 14.25.350 (the alternative method for the levy of benefit assessments) shall be applicable to maintenance districts formed before the effective date hereof, irrespective of the law pursuant to which said maintenance districts were formed, if all of the owners of all of the lots or parcels of property subject to benefit assessment to pay said costs of maintenance and operation request, in writing, that the alternative method for the levy of the benefit assessment as provided in said Sections 14.25.100 to 14.25.350 hereof shall apply.
(Ord. 2185-86 § 1)
The resolution of intention to apply the alternative method for the levy of the benefit assessment as provided in Sections 14.25.100 to 14.25.350 hereof, declared pursuant to Section 14.25.370, 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 said maintenance district and the zones and benefits, if any. Said formula or formulae may prescribe a maximum rate of amount of annual benefit assessment to be levied for such purposes. Said resolution shall direct the director of public works annually to cause to be prepared a budget and report in accordance with Section 14.25.120, Section 14.25.130 and Section 14.25.140 hereof, which report shall be signed by him, filed with the city clerk, presented to the city council and approved by said council in accordance with Sections 14.25.150 and 14.25.160 hereof.
(Ord. 2185-86 § 1)
The form of notice to be published and posted shall be substantially as follows:
NOTICE OF HEARING ON
____________________________
MAINTENANCE DISTRICT
NOTICE IS HEREBY GIVEN that the Director of Public Works has caused to be prepared and filed with the City Clerk of the City of Sunnyvale, 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 district or proposed maintenance district no. __________, 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, by a description sufficient to identify the same, and the amount of assessment to be levied for the fiscal year 20_____- 20_____ against each lot or parcel of property. Said report shall be open to public inspection.
Any interested owner objecting to: (Only items with X are subject to objection at this hearing)
_____use of the alternative method of benefit assessment;
_____zones of benefit;
_____fairness of benefit formula or formulae;
_____the amount of the assessment on any lot or parcel of property owned by him/her;
may file with the City Clerk at or before the hour fixed for hearing a protest, in writing, signed by him/her, describing the lot or parcel of property so that it may be identified, and stating the grounds of his/her protest, and may appear at said hearing and be heard in regard thereto.
Said report will be heard by the City Council at its meeting to be held on the _____ day of __________, 20_____, at the hour of _____ o'clock _____.m., in the regular meeting place of said Council, Council Chambers, 456 West Olive Avenue, Sunnyvale, California, at which time said Council will examine said report and hear protests.
(Ord. 2185-86 § 1)
Owners may protest or object in the manner, at the time, and with the same force and effect as provided in Section 14.25.220 hereof with regard to use of the alternative method for the levy of the benefit assessment as provided in Sections 14.25.100 to 14.25.350 hereof as well as the fairness of the formula or formulae and the amount of the assessment. The city council may take and receive oral and documentary evidence pertaining to the matters contained in the report.
(Ord. 2185-86 § 1)
If the city council finds that protests thereto are made by the owners of more than one-half of the area of the property in said maintenance district to the use of the alternative method, no further proceedings shall be taken for a period of six months from the date of the decision of said council on the hearing, unless the protests are overruled by an affirmative vote of four-fifths of the members thereof. The city council may adjourn the hearing from time to time.
(Ord. 2185-86 § 1)