Loading...
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)
Proceedings to establish a maintenance assessment district pursuant to the provisions of this chapter may be commenced by the city council by adoption of a resolution of intention. Such resolution shall include a description of the proposed maintenance assessment district boundaries and a description of the public improvements to be maintained with assessment district revenues. In addition, such resolution shall direct the city engineer to promptly prepare a city engineer’s report on the proposed maintenance assessment district in the manner hereinafter required by this chapter. Immediately following the adoption of such resolution of intention, the city clerk shall forward a copy of same to the city engineer.
(Ord. 2129)
Proceedings to establish a maintenance assessment district pursuant to the provisions of this chapter may also be initiated by petition of the owner or owners of all of the property specially benefitted by the public improvements to be maintained with assessment district revenues in the manner hereinafter provided by this chapter.
(Ord. 2129)
Prior to filing a petition to establish a maintenance assessment district, the person or persons proposing to circulate and/or file such petition shall file a notice of intention to file a property owner petition with the city clerk. Such notice of intention shall include a description of the proposed assessment district boundaries, a description of the public improvements to be maintained with assessment district revenues, and the name, mailing address, E-mail address, if any, and telephone number of the person or persons filing such notice. In addition, such notice shall be accompanied by a filing fee in an amount equal to the estimated costs of preparing and reviewing the engineer's report required for the establishment of a maintenance assessment district in the manner provided for by this chapter, all as determined or calculated from the maintenance assessment district fee schedule adopted by resolution of the city council. Immediately following the filing of such notice of intention, the city clerk shall forward a copy of same to the city engineer.
(Ord. 2129)
A petition to establish a maintenance assessment district pursuant to the provisions of this chapter shall be executed by the person or persons owning all of the property or properties within the proposed boundaries of the assessment district and shall be filed in the office of the city clerk. In addition to requesting establishment of the maintenance assessment district, such petition shall describe the boundaries of the proposed assessment district, shall describe the public improvements to be maintained with assessment district revenues, shall set forth the total amount of the annual assessments necessary to maintain such improvements, shall describe the method by which such annual assessments will be apportioned according to estimated benefits among the various lots or parcels then located or thereafter established within the assessment district boundaries, all in the manner provided for in the report of the city engineer, and shall be approved as to form by the city attorney.
A petition to establish a maintenance assessment district pursuant to the provisions of this chapter may also include a waiver of the right of the petitioner or petitioners to any notice of the protest hearing on the assessment district to be convened before the city council at the time and in the manner hereinafter required by this chapter, and may also authorize the city clerk, upon receipt of the petition, to record the petition as the vote of the petitioner or petitioners in favor of establishment of the assessment district at such protest hearing, all at the option of the petitioner or petitioners.
(Ord. 2129)
Loading...