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On or before April 1st of each year following the establishment of one or more maintenance districts under this chapter, the public works director shall prepare, or cause to be prepared, a report for each district that includes:
A. A maintenance district budget which includes a brief description of the public improvements being operated and maintained with district funds, a brief description of the method adopted by the city council to apportion the costs and expenses of operating and maintaining such improvements among the various lots and parcels within the district's boundaries, and a current estimate of the district revenues which would be required in order to pay the annual costs and expenses of maintaining and operating the public improvements to be funded by such revenues, as calculated from the following:
1. All of the anticipated costs and expenses of operating and maintaining such improvements during the ensuing fiscal year, commencing July 1st;
2. Plus any portion of the anticipated costs and expenses of operating and maintaining such improvements during the current fiscal year, ending June 30th, which will exceed district revenues from assessments levied during the current fiscal year;
3. Less any portion of district revenues from assessments levied during the current fiscal year which will exceed the cost of operating and maintaining such improvements during the current fiscal year.
B. The maximum assessment for the district and each parcel within the district, as established by the assessment amount as determined in the 1996/1997 fiscal year.
C. A schedule of maintenance district assessments which sets forth the following information in columnar form:
1. The assessor's parcel number or numbers for each lot or parcel within the boundaries of such district;
2. The name and address of the current owner or owners of each such lot or parcel, as determined from the last equalized assessment roll of the County of Butte;
3. The assessment which was levied against each such lot or parcel during the current fiscal year;
4. The assessment to be levied against each such lot or parcel during the ensuing fiscal year in order for the lot or parcel to contribute its share of the current estimate of district revenues required to pay the annual costs and expenses of operating and maintaining the public improvements to be funded by such revenues, as determined from the budget prepared by the public works director pursuant to subsection A and the method of apportionment approved by the city council at the time it established the district;
5. The amount, if any, to be added to the assessment levied against each such lot or parcel as and for the county's administrative fee for collecting the assessment; and
6. The total assessment to be levied against each such lot or parcel, as determined from the assessment levied against the lot or parcel in order for the lot or parcel to contribute its share of the annual costs and expenses of operating and maintaining the public improvements to be funded by such district, plus the county administrative fee.
D. A statement which sets forth the following information for each maintenance district:
1. The total assessment which was levied on all of the lots and parcels within such district pursuant to the provisions of this chapter during the current fiscal year in order to pay all of the costs and expenses of operating and maintaining the public improvements being funded with revenues from assessments levied within the district during the current fiscal year;
2. The current estimate of maintenance district revenues which will be required in order to pay the costs and expenses of operating and maintaining the public improvements to be funded with district revenues during the ensuing fiscal year, as set forth in the budget prepared for the district pursuant to subsection A.
(Ord. 1586 §11 (part), Ord. 2043 §2, Ord. 2197 §1, Ord. 2364 §66, Ord. 2439 §28)
A. Upon completion of the annual report, the public works director shall cause a notice to be mailed to each property owner within all of those districts in which the amount proposed to be levied in the ensuing fiscal year exceeds the amount levied during the current fiscal year. Such notice shall set forth the information in 3.80.570 A, as contained in the annual report, the amount levied against the property during the current year, the amount to be levied in the ensuing year and the maximum assessment established in fiscal year 1996/1997.
B. Any amount proposed to be levied which exceeds the maximum assessment established for that district in the 1996/1997 fiscal year, may not be levied unless and until such increase is approved pursuant to the procedures set forth in Chapter 3.81 of this code.
(Ord. 1586 §11 (part), Ord. 2043 §3, Ord. 2197 §2, Ord. 2364 §67, Ord. 2439 §29)
The public works director shall file a copy of each annual report prepared under Section 3.80.570 with the county auditor and the city finance director by August 15 of each year.
(Ord. 1586 §11 (part), Ord. 2043 §10, Ord. 2197 §4, Ord. 2364 §68, Ord. 2439 §30)
Upon receipt of a copy of the annual report , the county auditor shall cause the maintenance district assessments set forth in the report to be added to the secured tax roll of the County of Butte. Thereafter, all such maintenance district assessments shall be paid and collected in the same manner and at the same time as the general taxes of the county on real property are paid and collected, and such assessments shall become delinquent at the same time and bear the same proportionate penalties and interest after delinquency as do the general taxes of the county on real property.
(Ord. 1586 §11 (part), Ord. 2043 §12, Ord. 2197 §5, Ord. 2364 §69)
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 fiscal year after such omission is discovered, and appropriate provision shall be made in the report for said fiscal year.
(Ord. 1586 §11 (part))
If, at the time of issuing a permit or approving any other entitlement pursuant to the provisions of this code which authorizes the development or use of real property, the council, city board or commission, or city officer or employee issuing or approving the permit or other entitlement finds that public improvements have or will be constructed within the public rights of way, public parks, or other public ways and places which will specially benefit such property or the use thereof, the council, city board or commission, or city officer or employee issuing such permit or approving such entitlement may condition the permit or entitlement on the owner of such property waiving the right to administratively protest the formation of a maintenance district and the right to file a legal action seeking to set aside the formation of such district and/or the levy of an assessment on a lot or parcel within the district for the purpose of operating and maintaining such improvements, either pursuant to the provisions of this chapter or the general laws of the State of California.
(Ord. 2043 §13, Ord. 2268)