Section:
3.81.010 Purpose.
3.81.020 Definitions.
3.81.030 Manner of serving notices and other documents.
3.81.040 Initiation of assessment district proceedings by council resolution.
3.81.050 Initiation of assessment district proceedings by property owner petition - Generally.
3.81.060 Initiation of assessment district proceedings by property owner petition - Notice of intention to file property owner petition.
3.81.070 Initiation of assessment district proceedings by property owner petition - Execution and filing of petition.
3.81.080 Preparation of city engineer’s report.
3.81.090 Disposition of city engineer's report - Proposed assessment district initiated by resolution of the city council.
3.81.100 Disposition of city engineer's report - Proposed assessment district initiated by property owner petition.
3.81.110 Hearings on establishment of assessment district - Proposed assessment district initiated by resolution of the city council.
3.81.120 Hearings on establishment of assessment district - Proposed assessment district initiated by property owner petition.
3.81.130 Notice of proposed assessment and hearing on proposed assessment.
3.81.140 Preparation and distribution of assessment district ballots.
3.81.150 Return of ballots.
3.81.160 Tabulation and certification of ballot results.
3.81.170 Conduct of initial hearing on proposed assessment district initiated by resolution of the city council.
3.81.180 Conduct of protest hearing - Proposed assessment district initiated by resolution of the city council.
3.81.190 Conduct of protest hearing - Proposed assessment district initiated by property owner.
3.81.200 Conduct of protest hearing - Final determination.
3.81.210 Recordation of notice of assessment.
3.81.220 Assessment district modifications - Generally.
3.81.230 Assessment district modifications - Initiation of modification proceedings.
3.81.240 Assessment district modifications - Conduct of modification proceedings.
3.81.250 Dissolution of assessment district.
3.81.260 Adjustment to annual assessments based on increases in consumer price index.
3.81.270 Credits against annual assessments based on prior year maintenance costs.
3.81.280 Preparation of annual register of maintenance district assessments.
3.81.290 Collection of maintenance district assessments on secured tax roll
This chapter is adopted pursuant to the municipal affairs provisions of the city charter for the purpose of providing an alternative procedure for levying assessments against property specially benefitted by public improvements to fund the cost of operating and maintaining such improvements which complies with Article XIII C of the California Constitution as set forth in Proposition 218 adopted by the voters at the general statewide election on November 5, 1996.
(Ord. 2129)
Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter:
A. Assessment district. The term “assessment district” means an area containing all parcels which will receive a special benefit from public improvements as determined by the city council.
B. City engineer. The term “city engineer” means the public works director or such other qualified person designated or approved by the public works director to perform the duties imposed on the city engineer by this chapter.
C. Cost of operating and maintaining public improvements. The phrase “cost of operating and maintaining public improvements” shall mean all costs of rent, repair, replacement, rehabilitation, fuel, power, electric current, care and supervision necessary to properly operate and maintain a permanent public improvement.
D. Director. The term “director” means the director of the public works department.
E. Property owner. The term “property owner” or “owner of property” shall mean any person owning the fee title to a parcel of real property, or owning an interest in any portion of the fee title to a parcel of real property. In addition, the term “property owner” or “owner of real property” shall also include any person renting or leasing real property where such person is directly liable to pay any assessment levied pursuant to the provisions of this chapter.
F. Special benefit. The term “special benefit” shall mean a particular and distinct benefit over and above general benefits conferred on real property located in an assessment district or to the public at large. “Special benefit” does not include a general enhancement of property values.
(Ord. 2129, Ord. 2364 §70, Ord. 2439 §31)
Any notice or other document required to be served on an owner of property pursuant to the provisions this chapter shall be typed or printed in at least 10-point type, and shall be deemed served either when personally delivered to such person, or when deposited in the first class United States mail, postage prepaid, addressed to the owner at the owner’s address as it appears on the last equalized or supplemental assessment roll of the County of Butte, whichever is more current, or at the address as it appears on a notice of intention to file property owner petition when maintenance assessment district proceedings are being initiated by a property owner petition pursuant to this chapter. Service by mail of a notice or other document in the manner provided for herein shall be effective on the date of mailing. The failure of any person to receive such notice or other document after such service shall not affect the validity of the notice or other document.
(Ord. 2129, Ord. 2268)
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