Section
Introduction
3.50.010 Purpose
General
3.50.015 Definitions
3.50.020 Protests; objections
3.50.025 Conduct of proceedings
3.50.030 Professional services
3.50.035 Contribution
3.50.040 Lots; ownership
3.50.050 Applicability of state law
3.50.055 Combined districts
3.50.056 Hearings
3.50.060 Limitation of actions
3.50.065 Validation action
3.50.070 Supplemental assessments
3.50.075 Existing districts
3.50.080 Modification of district
Assessment Districts; Improvements
3.50.085 Application
3.50.090 Commencement of proceedings
3.50.095 City Manager's actions
3.50.100 Feasibility report
3.50.110 Council action upon report
3.50.120 Resolution of intention
3.50.125 Notice
3.50.128 Failure to give notice
3.50.130 Hearing
3.50.135 Formation of district
3.50.140 Assessment report; assessment diagram; assessment roll
3.50.145 Performing the work
3.50.150 Modification after hearing
3.50.155 Action on assessment diagram; assessment roll
3.50.160 Recordation of diagram and roll
3.50.165 Attachment of lien
3.50.170 Issuance of bonds
3.50.175 Authority for issuance of bonds
Assessment Districts; Services
3.50.180 Application
3.50.185 Commencement of proceedings
3.50.190 City Manager's actions
3.50.195 Feasibility report
3.50.200 Council action upon report
3.50.210 Resolution of intention
3.50.215 Notice
3.50.220 Failure to give notice
3.50.222 Hearing
3.50.224 Formation of district
3.50.226 Performing the service
3.50.228 Annual assessment hearings
3.50.230 City Manager's report; annual hearing notice
3.50.232 Assessment diagram; assessment roll
3.50.235 Annual hearing
3.50.240 Recordation of diagram and roll
3.50.245 Attachment of lien
3.50.250 Entry of amount on county tax roll
3.50.255 County collection
3.50.260 Net amount payable to Treasurer
3.50.265 Duration of district
INTRODUCTION
The purpose of the enactment of the provisions of this chapter is to provide procedures for the creation of assessment districts for the construction of public improvements and/or for the providing of public services alternative to procedures established by state law.
('86 Code, § 3.50.010) (Ord. 3997, passed - - )
GENERAL
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSESSMENT DIAGRAM. An assessment diagram which sets forth a description of each lot included in the district which is to be assessed.
ASSESSMENT DISTRICT or DISTRICT. An assessment district established pursuant to the provisions of this chapter having as its purpose the construction of an improvement and/or the providing of a service.
ASSESSMENT.
(1) When used in connection with a lot, the amount to be assessed against such lot pursuant to such assessment district; and
(2) When used in connection with an assessment district, the total amount proposed to be assessed against all lots included in the assessment district, including, but not limited to, district costs; the cost of construction of an improvement(s); the cost of performance of a service(s); the cost of acquisition of property or right-of-way; and costs of litigation, including damages, fees and court costs, relating to the district.
AUTHORITY. The parking authority of the city.
CLERK. The City Clerk.
CITY COUNCIL. The City Council.
CITY MANAGER. The City Manager or his designee.
COMMISSION. A city commission authorized by the City Council to conduct assessment district proceedings.
COUNTY. The county of Los Angeles.
DISTRICT COSTS. All costs necessarily incurred in connection with the formation and/or implementation of an assessment district, including, but not limited to, the costs of administration, legal, engineering, accounting, financial or other services. DISTRICT COSTS shall not include:
(1) The cost of construction of an improve-ment; nor
(2) The cost of performance of a service; nor
(3) The cost of acquisition of property or right-of-way.
ENGINEER. The person appointed for the purpose of performing engineering services in connec-tion with an assessment district.
HEARING OFFICER. A qualified person designated by the City Council to conduct an assess-ment hearing pursuant to § 3.50.235 hereof.
IMPROVEMENT. Any public work or public improvement proposed to be, or to be, constructed pursuant to an assessment district.
IMPROVEMENT COST. The cost of construc-tion of an improvement.
LOT. A parcel of real property proposed for inclusion, or included, within an assessment district.
OWNER. That person or legal entity holding legal title to a lot proposed to be included, or included, in an assessment district.
OBJECTION. A written objection filed by an owner of a lot objecting to the manner in which the improvement is proposed to be constructed, and/or the manner in which the service is to be performed, and/or the manner in which the assessment is proposed to be spread, and/or the amount of the total assessment or the assessment proposed to be made upon his or her lot, and/or the cost of the service.
PROTEST. A written protest filed by an owner of a lot which is proposed to be included within an assessment district, protesting against the formation of such assessment district.
REPORT, FEASIBILITY. The feasibility report required to be prepared prior to the formation of an assessment district. Such a feasibility report shall include sufficient information so as to describe the nature of the improvement or improvements proposed to be constructed, and/ or the service or services proposed to be performed; the boundaries of the proposed district, the estimated district costs; the estimated cost of construction of the improvement(s) and/or the estimated cost of the service(s); the cost of acquisition of land or an interest therein, if any; the estimated amount of the total assessment proposed to be assessed against the district; the method proposed to spread the assessment on lots included in the assessment district; the nature and extent of the benefits to be derived: and where feasible, an estimate of the amount of the assessment proposed to be made upon each lot.
SERVICE. A service, or services, proposed to be, or to be, provided pursuant to an assessment district.
SERVICE COST. The estimated annual cost of performing a service.
ZONE. A geographic area included within an assessment district and specifically defined in a City Council resolution, which ZONE includes lots which will be benefited by the construction of an improve-ment(s) and/or the rendition of a service(s), and as to which the assessment upon such assessment district is proposed to be spread based upon a benefit formula which is applicable to each of the lots included within each such proposed ZONE. An assessment district created pursuant to the provisions of this chapter may include more than one ZONE.
('86 Code, § 3.50.015) (Ord. 3997, passed - - )
(A) Protest. The owner of any lot which is proposed for an inclusion within a proposed assess-ment district may file, at any time prior to the close of the formation hearing, a written protest, protesting the creation of such assessment district.
(B) Objection. Any person who is the owner of a lot which is included within an assessment district may, prior to the close of a formation or assessment hearing, file a written objection.
(C) Contents of protest/objection. Each written protest and/or objection shall contain the street address and the legal description of the lot to which it relates and the full name and mailing address of the person owning such lot, and such person's agent, if any. Each objection shall contain, in narrative style, a factual basis for such objection.
(D) Withdrawal. Any person filing a protest and/or an objection may, in writing, withdraw such protest and/or objection at any time after the filing thereof.
('86 Code, § 3.50.020) (Ord. 3997, passed - - )
The City Council may, by motion, authorize the Authority or any other commission to act in the place and stead of the City Council with respect to the formation of an assessment district, and/or with respect to the processing of an assessment district, pursuant to the provisions of this chapter. When such direction has been given to the Authority or any such commission, the Authority or the commission shall perform all of the acts required to be performed by the City Council in accordance with the conditions included in such motion, if any, and pursuant to this chapter with respect to that assessment district. The City Council, by motion, may, at any time, withdraw or modify such authorization.
('86 Code, § 3.50.025) (Ord. 3997, passed - - )
The City Manager, with the consent of the City Council, may contract with any qualified person to perform any specialized services, such as engineering, administrative, legal, accounting or financial services, with respect to an assessment district. The cost of such services shall be a proper charge against such district if such district is formed. If such district is not formed, the cost of such services shall be borne by the city.
('86 Code, § 3.50.030) (Ord. 3997, passed - - )
The City Council may make a contribution, at any time, to any assessment district, in a specific cash amount and/or in the form of services and/or the contribution of real or personal property, or the use thereof, as it determines appropriate.
('86 Code, § 3.50.035) (Ord. 3997, passed - - )
The provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Cal. Sts. & High. Code §§ 2800 et seq.) shall have no application to an assessment district formed and created pursuant to the provisions of this chapter, if the formation resolution is adopted by a four-fifths vote of all members of the City Council. If such resolution is adopted by a vote of less than four-fifths of the total voting membership of the City Council, the provisions of Cal. Sts. & High. Code §§ 2800 et seq., shall apply to such assessment district and compliance with the provisions shall be had in the time and manner set forth in said Section 2800, et seq., of the Streets and Highways Code.
('86 Code, § 3.50.050) (Ord. 3997, passed - - )
The provisions of Cal. Sts. & High. Code §§ 5660 and 5661 are incorporated herein by reference as if set forth in full. The phrase “warrant, diagram and assessment or reassessment” as used in Cal. Sts. & High. Code § 5660 shall mean and include the phrases “assessment diagram” and “assessment roll” as used in this chapter.
('86 Code, § 3.50.060) (Ord. 3997, passed - - )
Should an assessment prove insufficient to pay for all assessable costs of the district, and a supplemental assessment upon the district is found by the City Council to be necessary, the procedures for supplemental assessments as set forth in Cal. Sts. & High. Code §§ 10425 et seq., of the Municipal Improvement Act of 1913 shall apply thereto; the provisions of Cal. Sts. & High. Code §§ 10425 et seq., are incorporated herein by this reference.
('86 Code, § 3.50.070) (Ord. 3997, passed - - )
The City Council may, in its discretion by resolution, order that any existing assessment district formed under or pursuant to the Landscaping and Lighting Act of 1972 (Cal. Sts. & High. Code §§ 22500 et seq.) or a lighting district formed pursuant to Cal. Sts. & High. Code §§ 18000 et seq., be processed, exclusively, pursuant to the provisions of this chapter.
('86 Code, § 3.50.075) (Ord. 3997, passed - - )
Subject to the conduct of a hearing, noticed as provided in § 3.50.125, the City Council may modify any existing assessment district to provide for the construction of an improvement(s); the supplying of a service(s); and/or the establishment of zones.
('86 Code, § 3.50.080) (Ord. 3997, passed - - )
ASSESSMENT DISTRICTS; IMPROVEMENTS
Proceedings for the formation of an assessment district pursuant to this part shall be commenced by a resolution adopted by the City Council directing the initiation of proceedings for the formation of a district.
('86 Code, § 3.50.090) (Ord. 3997, passed - - )
Where the City Council directs the commencement of proceedings for the formation of an assessment district, the City Manager shall cause to be prepared a feasibility report with respect to such proposed assessment district. In connection with the preparation of such feasibility report, the City Manager, with the consent of the City Council, may obtain the services of such qualified persons as may be reasonably necessary to assist in the preparation of such feasibility report.
('86 Code, § 3.50.095) (Ord. 3997, passed - - )
The feasibility report shall contain the following information:
(A) A description of the proposed boundaries of the district;
(B) A description of the nature of the improvement(s) proposed to be constructed;
(C) A statement of the necessity for such improvement(s);
(D) A description of the nature of the benefits to be derived from such improvement(s) by lots proposed to be included within the district;
(E) The estimated cost of construction of such improvement(s);
(F) The estimated total assessment proposed to be spread upon all of the lots included in the district;
(G) The proposed method of assessing the lots proposed to be included within the district;
(H) All other matters deemed necessary to fully inform City Council and other interested persons in the nature and extent of the proposed assessment district.
('86 Code, § 3.50.100) (Ord. 3997, passed - - )
Upon receipt of the feasibility report, City Council shall review the same to determine, preliminarily whether the assessment district as proposed is feasible and whether the public interest, convenience and necessity requires the creation of such district. If, as a result of its review of the feasibility report, the City Council determines that further proceedings shall be taken for the formation of an assessment district, it shall adopt a resolution of intention with reference to such assessment district.
('86 Code, § 3.50.110) (Ord. 3997, passed - - )
The resolution of intention shall contain the following information, with reference to the proposed district:
(A) The name of the district;
(B) The boundaries of the district;
(C) A map depicting the boundaries of the district and the location of improvement(s) therein or adjacent thereto;
(D) The estimated cost of the construction of the improvement(s);
(E) The estimated total assessment proposed;
(F) The amount of such assessment proposed to be made upon each of the lots included within the district;
(G) The amount and nature, if any, of any contribution proposed to be made to the district by the city;
(H) The time and the place set for the formation hearing with respect to such district;
(I) A statement that the City Council intends to consider the formation of a district as therein described;
(J) Such other material as may be helpful to advise persons interested in such assessment district as to the nature and extent of the same.
('86 Code, § 3.50.120) (Ord. 3997, passed - - )
The City Manager shall cause notice of the time and place of the hearing with respect to the formation of an assessment district to be given as follows:
(A) Giving of notice.
(1) Written notice shall be given by personal service or served by depositing the same, postage prepaid, in the custody of the U.S. Postal Service, addressed at the last-known address of each person whose name appears on the most recent Los Angeles County equalized assessment roll as the owner of a lot which is proposed for inclusion within the district; and/or
(2) A notice shall be published in a news-paper of general circulation in the city at least once, at least ten days in advance of the date set for the hearing.
(B) Contents. Notices shall contain a statement:
(1) Of the nature and name of the proposed district and a summary of the information contained in the feasibility report; and
(2) Advising where a copy of the feasibility report is available for inspection; and,
(3) The date, time and place of the hearing; and,
(4) That all persons interested in the pro-posed assessment district are invited to attend the hearing and present their views on whether or not such assessment district should be created.
('86 Code, § 3.50.125) (Ord. 3997, passed - - ; Am. Ord. 4047, passed - - )
Any inadvertent failure of any lot owner to actually receive the notice required pursuant to division (A)(1) of § 3.50.125 hereof shall not invalidate proceedings taken pursuant to the provisions of this chapter.
('86 Code, § 3.50.128) (Ord. 3997, passed - - )
(A) At the time set for the hearing, the City Council shall cause to be presented a full and accurate statement by the City Manager or other person designated by him, of all the information relating to the assessment district as proposed. Thereafter, any person who has filed a protest may present any relevant oral or documentary evidence bearing upon the question as to whether the proposed district should be formed.
(B) Based upon the feasibility report and other material presented at the time of the hearing, the City Council shall form the district if it finds:
(1) That the public interest, convenience and necessity require the formation of such district; and
(2) That the improvement(s) proposed is required as necessary; and
(3) That the total estimated assessment is reasonable; and
(4) The assessment proposed on each lot is based upon a fair and reasonable benefit formula.
(C) The City Council may, prior to the close of the hearing, for good cause, modify the boundaries proposed for the district by excluding lots therefrom and/or by modifying the benefit formula.
(D) If the City Council determines that written protests have been filed by the owners of lots which would be liable for more than 50% of the total estimated assessment proposed to be imposed upon the district, it shall terminate the proceedings, unless by a four-fifths vote of all members of the City Council, such protests are expressly overruled by the City Council.
('86 Code, § 3.50.130) (Ord. 3997, passed - - )
Where the City Council determines, after the hearing, to form an assessment district, it shall do so by resolution which shall contain the following:
(A) The name of the district;
(B) The boundaries of the district;
(C) A map describing the boundaries of the district;
(D) The nature of the improvement(s) proposed to be constructed; and
(E) The legal description of the lots included within such district. The resolution shall be recorded in the office of the registrar-recorder of the county of Los Angeles by the City Clerk.
('86 Code, § 3.50.135) (Ord. 3997, passed - - )
Upon adoption of the resolution forming the district, the City Manager shall submit to the City Council for approval, an assessment diagram and assessment roll. The assessment diagram and assess-ment roll shall include a description of each lot included in the district, and a proposed assessment for each such lot based upon the formula for the spread of such assessment as is set forth in the resolution of intention.
('86 Code, § 3.50.140) (Ord. 3997, passed - - )
The City Council, after forming an assessment district, shall, by resolution, order the performance of the work contemplated by the assessment district. The improvement(s) shall be constructed in a manner consistent with the provisions of the City Charter, the Municipal Code, and other applicable laws. The City Council shall select the method of constructing the improvement(s) which is most economical and con-sistent with the requirement of a high quality of workmanship in the construction thereof. Notwith-standing any other provision of law or this chapter, the City Council may contract directly with any public utility for the construction, in conjunction with an assessment district, of an improvement(s) of the type customarily constructed by that contracting utility.
('86 Code, § 3.50.145) (Ord. 3997, passed - - )
(A) The City Council shall retain jurisdiction to modify:
(1) The boundaries of an assessment district after the same is formed, and/or
(2) The nature of the improvement(s) proposed to be constructed.
(B) The provisions of Cal. Sts. & High. Code §§ 10350 through 10358, inclusive, of the Municipal Improvement Act of 1913 are incorporated herein by this reference, and shall apply to changes as defined therein with reference to a district.
('86 Code, § 3.50.150) (Ord. 3997, passed - - )
(A) The City Council shall consider the pro-posed assessment diagram and assessment roll as submitted, each and every objection and all relevant evidence presented relating thereto at the hearing, and based thereon, determine whether the assessment as proposed, as to each individual lot, is fair and reason-able in light of the benefit formula selected for the spread of the assessment.
(B) The City Council shall order such modifica-tions, as are appropriate based upon the material presented at the hearing, to the assessment diagram and/or assessment roll as submitted. Thereafter, the assessment diagram and assessment roll shall be approved by resolution of the City Council which shall specifically refer to any modification made with respect thereto.
('86 Code, § 3.50.155) (Ord. 3997, passed - - )
The assessment diagram and assessment roll as approved, shall be prepared in a form so as to permit recordation thereof in the office of the Registrar-Recorder of the county of Los Angeles. After approval by the City Council, the fact thereof shall be noted on its face of each and same shall be filed with the City Clerk. Certified copies of the assessment diagram and assessment roll, as approved, shall be recorded in the office of the Registrar-Recorder of the county, by the City Clerk.
('86 Code, § 3.50.160) (Ord. 3997, passed - - )
(A) Effective as of the date of the recording of an assessment diagram and assessment roll each of the assessments described therein shall become a lien upon the lot against which each such assessment is made. Unless sooner discharged, each such lien continues for a period of four years from and after the date of such recordation or, if bonds are issued to represent such assessment, until the expiration of four years from and after the due date of the last install-ment due on the bond or of the last principal coupon attached thereto, or until four years after the due date of the last installment on any refunding or supple-mental bonds or of the last principal coupon attached thereto, whichever is longer.
(B) After the date of recordation of the assessment diagram and assessment roll notice shall be given to each lot owner in the manner described in division (A)(1) of § 3.50.125 hereof, which notice shall indicate the total amount of the assessment lien upon that person's lot and shall contain a statement that a lien will attach upon the lot in the amount of the assessment effective as of the date of recordation of such assessment diagram and assessment roll; and that within a period of 30 days after such recordation, any lot owner may pay to the Treasurer of the city the amount of the assessment so imposed, which shall extinguish such lien.
('86 Code, § 3.50.165) (Ord. 3997, passed - - )
Upon the thirty-first day following the recorda-tion of the assessment diagram and assessment roll the City Manager shall cause assessment district bonds to be issued in amounts equal to the amount of the unpaid assessment on each lot included within the district; provided, that no bond shall issue for any assessment upon a lot which is less than $100. Assessments of less than $100 shall be paid by the lot owner forthwith, and if not so paid, a notice of lien shall be issued by the City Manager, which shall be filed with the County Auditor, County Tax Assessor and County Tax Collector, who, individually and/or collectively, shall add the amount of the assessment to the next regular bill for taxes levied against such lot, and shall collect the same in the time and manner set forth in Cal. Sts. & High. Code §§ 5893 and 5894.
('86 Code, § 3.50.170) (Ord. 3997, passed - - )
Assessment district bonds shall be issued pursuant either to the provisions of the Improvement Act of 1911 (Cal. Sts. & High. Code §§ 5000 et seq.) or the provisions of the Improvement Bond Act of 1915 (Cal. Sts. & High. Code §§ 8500 et seq.).
('86 Code, § 3.50.175) (Ord. 3997, passed - - )
ASSESSMENT DISTRICTS; SERVICES
Proceedings for the formation of an assessment district pursuant to this part shall be commenced by resolution adopted by the City Council ordering the initiation of proceedings for the commencement of a district.
('86 Code, § 3.50.185) (Ord. 3997, passed - - )
Where the City Council directs the commence-ment of proceedings for the formation of an assess-ment district, the City Manager shall cause to be prepared a feasibility report with respect to such proposed assessment district. In connection with the preparation of such feasibility report, the City Manager, with the consent of the City Council, shall obtain the services of such qualified persons as may be reasonably necessary to assist in the preparation of such feasibility report.
('86 Code, § 3.50.190) (Ord. 3997, passed - - )
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