(a) State law provides procedures to form property and business improvement districts and levy assessments. This Article provides authority for the City to augment and modify those state law procedures by authorizing the Board of Supervisors to do any of the following:
(1) Reduce the percentage of petitions required from owners in order to initiate formation;
(2) Have the district encompass residential property, and to assess residential property;
(3) Extend the term of the district to a maximum of 15 years, or such longer term as is authorized by state law;
(4) Extend the term of the district to a maximum of 40 years, if all or a portion of the assessments will be pledged or applied to pay any bond, financing lease (including certificates of participation therein), or other similar obligations of the City;
(5) Recover through assessments the costs incurred in formation of the district;
(6) Disestablish a district upon a supermajority vote of the Board of Supervisors; or,
(7) Require a weighted two-thirds (2/3) vote of business owners to be assessed, based on ballots cast, as an alternative or additional procedure for establishing a business improvement district and levying assessments on business owners.
In addition, this Article augments and modifies state law by: requiring the Clerk of the Board of Supervisors to notify business owners in English, Cantonese and Spanish when a petition for district formation is received; and setting minimum levels of representation by business owners on the governing body of the owners' association that administers, implements or provides the activities and improvements specified in the management district plan.
(b) Under this Article, the Board of Supervisors may establish property and business improvement districts and may finance activities and improvements through assessments apportioned among parcels of real property and/or businesses within such districts. It is the intent of this Article to provide a vehicle for financing activities and improvements that supplement and complement existing services and facilities. The Board of Supervisors may not establish any district or levy any assessment under this Article to replace or supplant existing City services. Nothing in this Article shall be construed as prohibiting the establishment of districts or levying of assessments to finance local capital improvements that are otherwise authorized under the City Charter, any other City ordinance, or state law.
(Added as Sec. 1511 by Ord. 157-95, App. 5/12/95; renumbered and amended by Ord. 32-04; File No. 031609, App. 3/5/2004; amended by Ord. 239-12
, File No. 120963, App. 12/7/2012, Eff. 1/6/2013)
(Former Sec. 1510 added by Ord. 157-95, App. 5/12/95; repealed by Ord. 32-04; File No. 031609, App. 3/5/2004)