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The council may utilize the 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, as those provisions pertain to maintenance districts established by the legislative body of a city, or the council may utilize the provisions of this chapter. Use of the provisions of this chapter does not preclude the application of provisions of the general law not inconsistent herewith.
(Ord. 1586 §11 (part))
The council may, in its resolution declaring its intention to order work done or improvements made or acquired in proceedings for that purpose, or it may, by separate resolution in proceedings for the sole purpose of establishing a maintenance district, declare its intention to order that the costs and expenses of maintaining and operating specified 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 deemed reasonably necessary for the proper maintenance and operation thereof, shall be assessed either partly or wholly upon such property as the council shall determine will be benefitted by the maintenance and operation of the public improvements proposed to be maintained and operated; the amounts so assessed to be collected in the same manner and by the same county officers as the taxes for general city purposes are collected.
(Ord. 1586 §11 (part))
The purpose of this chapter is to provide an alternative procedure by which the council may provide funding for the whole or any part of the costs and expenses of maintaining and operating specified public improvements of a local nature, payable from annual benefit assessments to be apportioned among the several lots or parcels of property within the maintenance district established therefor in conformity with a method of apportionment which is to be determined in the proceedings in which jurisdiction is provided therefor.
(Ord. 1586 §11 (part))
The resolution of intention to order work done or improvements made or acquired or the separate resolution, if adopted pursuant to Section 3.80.460 of this chapter, shall contain a statement of the method by which such annual benefit assessments will be apportioned according to estimated benefits among the several lots or parcels of property within the maintenance district to be established therefor. The method of apportionment prescribed shall be such that its application shall constitute a ministerial act, not involving the exercise of discretion, and said method may prescribe a maximum rate of annual benefit assessment to be levied for such purpose. Such resolution of intention shall also set a time and place for a hearing on the establishment of a maintenance district and shall include a statement that all owners of property subject to the proposed assessment may protest or be heard at such hearing as to the establishment of the district, the boundaries thereof, the fairness of the method of apportioning costs and any other matter relating to the proposed assessment of or the administration of the assessment district.
(Ord. 1586 §11 (part))
No later than ten days prior to the date set for the hearing on the establishment of the assessment district, the clerk shall cause a notice of hearing to be published once in a newspaper of general circulation in the city and shall cause a copy of the resolution of intention adopted by the council as provided in Section 3.80.470 to be mailed, postage prepaid, to all owners of property subject to the proposed assessment, and to be posted as provided in this chapter.
(Ord. 1586 §11 (part), Ord. 1832)
The city clerk shall receive written protests, if any, and shall endorse on each protest the date and time it is filed with the city clerk. No protest received after the time fixed for hearing shall be timely, but the council may, in its discretion, consider untimely and oral objections.
(Ord. 1586 §11 (part))
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