3.82.060 Petition for levying assessment installments in lieu of payment of sewer system connection fees.

   Proceedings for levying assessment installments in lieu of the payment of sewer system connection fees shall be initiated by a petition filed in the office of the director. Such petition shall describe the premises to be connected to the city sewer system by street address or other method sufficient to enable the director to identify the location and boundaries of such premises, shall include a declaration that the premises are presently being served by a private sewer system consisting of a septic tank and leach field which will be abandoned at the time the premises are connected to the city sewer system, shall set forth the request of the petitioners for the city council to levy an assessment in lieu of payment of sewer system connection fees in the manner provided for by this chapter, and shall be signed by and set forth the mailing address of all persons owning an interest in the fee title to the premises. Such petition shall also be accompanied by a lot book guarantee issued by a title company showing fee title to the premises which are the subject of the petition vested in all persons having signed the petition, such other documents and data as may be required by the director to prepare the report or otherwise carry out the duties of the director provided for by this chapter, and a petition fee in an amount established by resolution of the city council based entirely on the estimated administrative costs incurred by the city for processing such petitions in the manner provided for by this chapter.

(Ord. 1921 (part), Ord. 2012 §4 (part), Ord. 2136 §3, Ord. 2364 §76)

3.82.070 Report of director on assessment petition.

   Following receipt of an assessment petition, the director shall promptly cause a report to be made on the petition, and, following completion of such report, shall cause the petition and the report to be forwarded to the city clerk who shall schedule the petition and report for consideration by the city council at the first regular or adjourned regular meeting of the city council following the twentieth day after receipt of the petition and report. The report of the director shall set forth the following:

   A.   A description of the premises which are the subject of the petition both by legal description and assessor's parcel number;

   B.   The name and mailing address of all persons owning an interest in the fee title to the such premises;

   C.   A determination as to whether the premises are located in that part of the city sewer service area within the incorporated territory of the city or that part of the city sewer service area within the unincorporated territory of the county of Butte;

   D.   A computation of the total amount of the sewer system connection fees which would become due and payable in accordance with the provisions of Chapter 15.36 of this code at the time of connection of the premises to the city sewer system; and

   E.   A schedule of the assessment installments to be levied against the subject premises in order to pay all such sewer system connection fees, together with interest thereon, in ten annual installments, all at the time, in the amounts and in the manner hereinafter provided by this chapter.

(Ord. 1921 (part), Ord. 2012 §4 (part), Ord. 2136 §3, Ord. 2364 §77)

3.82.080 Notice of city council meeting on assessment petition.

   At least 10 days prior to the scheduled date of the regular or adjourned regular meeting of the city council at which the assessment petition is scheduled for consideration, the director shall cause notice of the time and place of such meeting and a copy of the report of the director on the assessment petition to be served on all owners of an interest in the fee title to the premises which are the subject of the petition. In the notice of the time and place of the city council meeting, the director shall include a statement of the right of each owner of an interest in the fee title to the premises which are the subject of the assessment petition to request the city council to convene a hearing on such assessment petition at the time of the city council meeting on same so that such property owner may be heard on the assessment petition and/or the amount of the assessment installments to be levied in lieu of payment of sewer system connection fees pursuant to the assessment petition, provided such property owner files a written request for such hearing with the city clerk prior to commencement of such city council meeting.

(Ord. 1921 (part), Ord. 2012 §4 (part), Ord. 2136 §3, Ord. 2364 §78)

3.82.090 Consideration of assessment petition by city council.

   On the date and at the time of the city council meeting on the assessment petition, the city council shall consider the assessment petition, the report of the director on the assessment petition and any other relevant matters bearing on the petition and/or the assessment installments to be levied in lieu of payment of sewer system connection fees pursuant to the assessment petition. However, where one or more of the persons owning an interest in the fee title to the premises which are the subject of the assessment petition has filed a written request to be heard on the petition in the manner and within the time provided by this chapter, the city council shall convene a hearing at the meeting at which the assessment petition is being considered for the purpose of considering such property owner's comments on the assessment petition and/or any objections of the property owner to the amount of the assessment installments to be levied in lieu of payment of sewer system connection fees pursuant to the assessment petition.

(Ord. 1921 (part), Ord. 2012 §4 (part), Ord. 2136 §3, Ord. 2364 §79)

3.82.100 Action on assessment petition by city council.

   After considering an assessment petition and the report of the director on the assessment petition at a city council meeting in the manner provided for by this chapter, the city council may, by resolution, grant the petition and levy assessment installments in lieu of payment of sewer system connection fees as requested therein if the city council finds that all owners of an interest in the fee title to the premises described in the petition have joined in executing the petition, that the premises are presently being served by a private sewer system consisting of a septic tank and leach field which will be abandoned at the time the premises are connected to the city sewer system, that levying assessment installments in lieu of payment of sewer system connection fees for the premises, either individually or in combination with other premises similarly connected to the city sewer system incident to the levy of assessment installments in lieu of payment of sewer system connection fees, will not seriously compromise the city's ability to fund any anticipated expansion of the city sewer system, and, where the premises are located in that part of the city sewer service area within the unincorporated territory of the county of Butte, that the county of Butte has entered into a joint powers agreement with the city which authorizes the city to levy such assessment installments on premises located within the unincorporated territory of the county of Butte.

   In such resolution the city council shall describe the premises which are the subject of the petition both by legal description and by an assessor's parcel number, shall set forth the total amount of the sewer system connection fees which will become due and payable in accordance with the provisions of Chapter 15.36 of this code upon connection of such premises to the city sewer system, and shall order such sewer system connection fees, together with interest thereon, to be paid in 10 annual assessment installments, as provided for in the report of the director, together with any modifications thereto which are necessary to comply with the provisions of this chapter.

   Following adoption of such resolution, the city clerk shall cause copies of the resolution to be served on each owner of an interest in the fee title to the premises which are the subject of the resolution, shall execute an affidavit or declaration attesting to such service and shall transmit a certified copy of the resolution with such affidavit or declaration attached to the city manager. In addition, the clerk shall transmit a certified copy of such resolution to the finance director.

(Ord. 1921 (part), Ord. 2012 §4 (part), Ord. 2113 §1, Ord. 2136 §3, Ord. 2364 §80)

3.82.110 Recordation of resolution levying assessment installments to establish assessment lien.

   Upon receipt of a certified copy of a resolution of the city council levying assessment installments in lieu of payment of sewer system connection fees, the city manager shall attach the affidavit or declaration of the city clerk attesting to service of the resolution in the manner provided by this chapter to the resolution and shall cause such resolution, with such affidavit or declaration attached, to be recorded in the official records of the county of Butte. After the date of such recordation, the assessments provided for by such resolution shall constitute a lien upon the premises which are the subject of the resolution which shall have the priority and effect of an assessment lien as provided for by Article 13, Chapter 4, Part 1, Division 2, Title 5 of the California Government Code (commencing with Section 53930) or any other law of the state of California applicable to assessment liens levied by a charter city.

(Ord. 1921 (part))

3.82.120 Posting and collection of assessment installments on county tax rolls.

   Upon receipt of a certified copy of a city council resolution levying assessment installments in lieu of payment of sewer system connection fees, the finance director shall transmit such resolution to the Butte County auditor with the request that the assessment installments levied by the resolution be added to the county tax rolls at the time and in the manner provided therein. Thereafter, all assessment installments provided for in the resolution of the city council which become due in any year, together with all interest thereon, shall be payable in the same manner and at the same time as general taxes of the county on real property are payable, and such assessment installments and all interest thereon shall become delinquent at the same time and bear the same proportional penalty and interest after delinquency as do the general taxes of the county on real property.

(Ord. 1921 (part), Ord. 2113 §1)

3.82.130 Determination of the amount and time of payment of assessment installments.

   Assessments in lieu of the payment of sewer system connection fees, including interest thereon, which are levied by resolution of the city council in the manner provided by this chapter, shall be levied in ten equal installments of principal and interest due and payable as follows:

   A.   Where the resolution levying the assessment installments is adopted by the city council between January first and July tenth, assessment installments shall be due and payable commencing on November tenth of the calendar year in which the resolution was adopted and on November tenth of each year thereafter until all assessment installments have been paid in full, November tenth being the same date that county property taxes are due and payable under the laws of the state of California.

   B.   Where the resolution levying the assessment is adopted by the city council between July eleventh and December thirty-first, assessment installments shall be due and payable commencing on November tenth of the calendar year next succeeding the calendar year in which the resolution was adopted and on November tenth of each year thereafter until all assessment installments have been paid in full.

(Ord. 1921 (part))