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. 93-05, 1993)
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 the city council shall determine will be benefited 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 city purposes are collected.
(Ord. 93-05, 1993)
When the city council has declared its intention pursuant to Section 3.36.020, 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.
(Ord. 93-05, 1993)
The purpose of this section 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. 93-05, 1993)
The resolution of intention to order work done or improvements made or said separate resolution 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.
(Ord. 93-05, 1993)
In connection with the hearing provided for in the establishment of the maintenance district, and the zones of benefit, if any, or the annexation of territory to an existing maintenance district, or to the initial modification in said formula or formulae as hereinafter provided, owners may file written protests and make oral objections to said formula or formulae in the same manner, at the same time and with like legal effect as provided for other protests and oral objections in Chapter 26 of Part 3 of Division 7 of said Streets and Highways Code.
(Ord. 93-05, 1993)
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 meeting of the city 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, by 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 ten 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, the city council may order such decrease by resolution and no hearing need be held thereon.
(Ord. 93-05, 1993)
If the city council finds that protests are made by the owners of more than one-half of the area of the property in said 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 decision of the city council on the hearing, unless the protests are overruled by an affirmative vote of four-fifths of the members of the city council.
(Ord. 93-05, 1993)
At the initial hearing or at subsequent hearing on the modification of said formula or formulae as provided in this chapter or at any meeting of the city council subsequent to the full hearing of said matter, with or without council, by resolution, shall finally adopt a formula or formulae for the apportionment of benefits in said annual assessment levies, which shall be that stated in the resolution of the intention, or said separate resolution, or as modified, and its decision and determination shall be to appeal to it as to all errors, informalities, or irregularities which the city council might have avoided or have remedied.
(Ord. 93-05, 1993)
If, at any time following the final establishment of the formula or formulae for said annual assessment levies, the city council 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 particular, inequitable, and fair, the city council may, by resolution, so declare, stating the reasons therefor, and fix a time and place of hearing thereon.
(Ord. 93-05, 1993)
The city clerk shall cause a copy of the resolution adopted by the city council as provided in Section 3.36.100 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 council chamber door or any bulletin board in or adjacent to the City Hall. Said publication, mailing, and posting shall be completed not less than ten days prior to such hearing.
(Ord. 93-05, 1993)
The city manager shall annually 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 to pay any part of said costs and expenses;
D. 
The amount, if any, to be repaid to the city for funds advanced by the city to pay deficits which occurred in prior years; and
E. 
The balance of the amount necessary to pay said costs and expenses.
(Ord. 93-05, 1993)
In each fiscal year in which a balance is provided in the budget to be raised to pay said costs and expenses pursuant to Section 3.36.130(E), the city engineer 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. 93-05, 1993)
When report has been completed by said city engineer, it shall be signed by him or her and filed with the city clerk on or before June 1st each year. Upon receipt of the report, the city clerk shall present it to the city council for its consideration.
(Ord. 93-05, 1993)
The report shall be reviewed by the city council and said city council may approve the report, as filed, or it may modify the report in any particular and approve it as modified.
(Ord. 93-05, 1993)
Upon approval of the report by the city council pursuant to Section 3.36.170, the city council shall, by resolution, appoint a time and place of hearing thereon.
(Ord. 93-05, 1993)
A. 
The city clerk shall cause notice of the hearing on the report to be given 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 council chamber door or 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.
B. 
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 City Engineer has caused to be prepared and filed with the City Clerk, a report, in writing, which provides the basis for the levy of benefit assessments for the costs of maintenance and operation on all lots or parcels of property within said maintenance district. 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 is open to public inspection.
Said report will be heard by the city at its meeting to be held on the_____day of__________, 20_____, at the hour of 7:30 o'clock p.m. in the regular meeting place of said Council, Council Chambers, City Hall, Waterford, California, at which time said Council will examine said report and hear all persons interested therein.
Any interested owner, objecting to the amount of the assessment on any lot or parcel of property owned by him or her, may file with the City Clerk at or before the hour fixed for hearing a protest, in writing, signed by him or her, describing the lot or parcel of property so that it may be identified, and stating the grounds of his or her protest, and may appear at said hearing and be heard in regard thereto.
C. 
The form of mailed notice 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.
D. 
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 provided in this section shall be adequate except that the city clerk shall give notice thereof to owners owning lots or parcels in the following categories:
1. 
Where there is an increase in the amount of the annual benefit assessment by reason of a change of zone or a change in the formula or formulae upon and by which annual assessment levies for the payment of the costs and expenses of said maintenance and operation will be apportioned according to benefits among the several lots or parcels of property within the maintenance district and the zones, if any;
2. 
Where there has been a division of any lot or parcel of land assessed during the previous year, and, as a result thereof, the divided lots or parcels are owned by different persons;
3. 
Where there has been an annexation of said lots or parcels to an existing maintenance district.
(Ord. 93-05, 1993)
The city council shall hold the hearing at the time and place specified in the resolution and in any order continuing the hearing. During the course of, or upon the conclusion of the hearing, the city council may order changes in any of the matters provided in the report. Upon the conclusion of said hearing, the city council may adopt a resolution confirming the report, either as originally submitted or as changed by it. All decisions and determinations of the city council, on notice and hearing as aforesaid, shall be final and conclusive upon all persons entitled to appeal to it, as to all errors, informalities and irregularities which the city council might have avoided, or have remedied during the hearing on the report.
(Ord. 93-05, 1993)
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 3.36.200 shall forthwith be delivered to the finance officer, 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. 93-05, 1993)
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. 93-05, 1993)
The special benefit assessments 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 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 or ad valorem property taxes, and if not redeemed, shall in like manner pass to the purchaser.
(Ord. 93-05, 1993)
If any property within the maintenance district is erroneously omitted in any such report, said property shall be assessed for the omitted amount in the next year after said omission is discovered, and appropriate provisions shall be made in the report for said year.
(Ord. 93-05, 1993)
The procedures relating to the formation of a maintenance district or the annexation to an existing maintenance district and the alternative method for the levy of the annual benefit assessment hereunder may be consolidated for hearing purposes.
(Ord. 93-05, 1993)
The provisions of Sections 3.36.040 through 3.36.250 relating to the alternative method for the levy of benefit assessments shall be applicable to maintenance districts formed before the effective date hereof, regardless 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 Sections 3.36.040 through 3.36.250 shall apply.
(Ord. 93-05, 1993)
The city council may, by separate resolution, declare its intention to order that the alternative method for the levy of the benefit assessment as provided in this chapter be made applicable to maintenance districts formed prior to the effective date hereof and shall fix therein a time and place for a hearing thereon.
(Ord. 93-05, 1993)
Notice of said hearing shall be given by the city clerk who shall cause a copy of said resolution of intention to be mailed, postage prepaid, to the owners of any lot or parcel of property subject to a benefit assessment to pay said costs of maintenance and operation as provided in this chapter, to be published once in a newspaper of general circulation in the city, and to be posted on or near the council chamber door or 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. 93-05, 1993)
At any time not later than the hour fixed for the hearing of objections in resolution of intention, the owner of any lot or parcel of property subject to assessment in said maintenance district to pay the costs of said maintenance and operation may make written protest thereto.
(Ord. 93-05, 1993)
The city council shall hear and pass upon all protests thereto, and its decision thereon, expressed by resolution, shall be final and conclusive.
(Ord. 93-05, 1993)
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 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 city council on the hearing, unless the protests are overruled by an affirmative vote of four-fifths of the members of the city council. The city council may adjourn the hearing from time to time.
(Ord. 93-05, 1993)