§ 14.02

This chapter shall be known and may be cited as the "City of Arvin Benefit Assessment District Procedural Code."

(Ord. No. 494, § 3, 7-9-2024)

14.02.020 - Non-exclusiveness of chapter.

This chapter is not exclusive. The council shall have the power to provide other procedures or to follow procedures and powers current and enacted after the adoption of this chapter, as provided by state and local law.

(Ord. No. 494, § 3, 7-9-2024)

14.02.030 - Interpretation.

This chapter shall be liberally construed to effectuate its purpose. Any proceedings taken under this chapter and any assessment levied pursuant to this chapter, shall not be invalidated for failure to comply with the provisions of this chapter if such failure does not substantially and adversely affect the rights of any person. The procedures set forth under this chapter shall not be construed to modify the methodology of calculating the amount of assessments for any assessments currently levied by the city.

(Ord. No. 494, § 3, 7-9-2024)

The purpose of this chapter is to establish a uniform procedure for the creating and establishing a local assessment district, whereas as a charge shall be levied on particular real property for a local public improvement of direct benefit to that property pursuant to article XIII D of the California Constitution.

(Ord. No. 494, § 3, 7-9-2024)

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

"Assessment district" means an assessment district formed pursuant to this chapter.

"Assessment" means the same definition found under Government Code section 53750(b).

"Advance" means the amounts expended by the city or other governmental entity toward the cost of a public improvement within or for the assessment benefit district.

"Building permit" means the permit issued or required for the construction of any structure in connection with the development of land pursuant to and as defined by the California Building Code.

"Capital improvement program" means a plan for the implementation and financing of public facilities projects including but not limited to a schedule for the commencement of construction, the estimated cost of construction and the payment of facilities benefit assessments.

"Construction" means design, acquisition of property, administration of construction contracts, actual construction and incidental costs related thereto.

"Contribution" means the amounts expended by the city or other governmental entity toward the cost of a public facilities project in relation to the general benefit received by the city from construction of the public facilities project.

"Costs" means the amounts spent or authorized to be spent in connection with the planning, financing, acquisition, and development of a public improvement including, without limitation, the costs of land, construction, engineering, administration, and legal and financial consulting fees.

"Development" means the division of land, grading, or original construction of an improvement to real property, which increases the density in residential zones or changes the current use where said division of land, grading, or construction is of the type normally associated with urban development as opposed to agricultural activity.

"Incidental expenses" include:

1.

The costs of preparation of the engineer's report, including plans, specifications, estimates, diagram, and assessment.

2.

The costs of printing, advertising, and the giving of the published, posted, and mailed notices.

3.

Compensation payable to the county for collection of assessments.

4.

Compensation of any engineer or attorney employed to render services in proceedings pursuant to this chapter.

5.

Any other expenses incidental to the construction or installation of the improvements or to the maintenance and servicing thereof.

"Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:

1.

Repair, removal, or replacement of all or any part of any improvement.

2.

Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.

3.

The removal of trimmings, rubbish, dirt, debris, and other solid waste whether loose or stationary.

4.

Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements.

5.

Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.

"Public improvement" includes all work and improvements which are for a public purpose, or which are necessary or incidental to a public purpose, including, but not limited to:

1.

Water mains, pipes, conduits, tunnels, hydrants, and other necessary works and appliances for providing water service;

2.

Lines, conduits and other necessary works and appliances for providing electric power service;

3.

Mains, pipes and other necessary works and appliances for providing gas service;

4.

Poles, posts, wires, pipes, conduits, lamps and other necessary works and appliances for lighting purposes;

5.

Sidewalks, crosswalks, steps, safety zones, platforms, seats, statuary, fountains, culverts, bridges, curbs, gutters, tunnels, subways or viaducts, parks and parkways, recreation areas, including all structures, buildings and other facilities necessary to make parks and parkways and recreation areas useful for the purposes for which intended;

6.

Sanitary sewers or instrumentalities of sanitation, together with the necessary outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, tunnels, channels or other appurtenances;

7.

Drains, tunnels, sewers, conduits, culverts and channels for drainage purposes; with necessary outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, channels and appurtenances;

8.

Pipes, hydrants and appliances for fire protection;

9.

Breakwaters, levees, bulkheads, groins and walls of rock or other material to protect the streets, places, public ways and other property from overflow by water;

10.

Retaining walls, embankments, buildings and other structures or facilities necessary or suitable in connection with any of the work mentioned in this section;

11.

Compaction of land, change of grade or contours, construction of caissons, retaining walls, drains and other structures suitable for the purpose of stabilizing land;

12.

Works, systems or facilities for the transportation of people, including rolling stock and other equipment appurtenant thereto;

13.

All other work auxiliary to that described in subdivision L of this subsection which may be required to carry out that work, including terminal and intermediate stations, structures, platforms or other facilities which may be necessary for the loading of people into and unloading of people from such transportation facilities;

14.

The grading or regrading, the paving or repaving, the widening, or other improvement or maintenance of streets, roads, and bridges;

15.

Acquisition, construction and installation of traffic signs, signals, lights and lighting;

16.

Public works maintenance facilities;

17.

All other work auxiliary to any of the above which may be required to carry out that work including but not limited to the maintenance of public facilities projects and administrative, engineering, architectural and legal work performed in connection with establishing, implementing and monitoring public facilities projects;

18.

Acquisition of any and all property, easements and rights of way which may be required to carry out the purposes of the project.

"Record owner" means any person shown as the owner of real property on the last equalized county assessment roll; when such person is no longer the owner, then this definition shall mean any person

entitled to be shown as the owner of the real property on the next county assessment roll, if such person is known to the city. If real property is subject to a recorded written agreement of sale, any person identified within the agreement as the purchaser.

(Ord. No. 494, § 3, 7-9-2024)

If the city is creating a new property and business district pursuant to Streets and Highway Code section 36600 et seq., the city may only initiate the formation proceedings pursuant to 14.02.070 [initiation of formation proceedings] upon receipt of a written petition, signed by property owners who would collectively pay more than fifty percent (50%) of the assessments to be levied. The written petition must be in accordance with Streets and Highway Code section 36621 et seq. If an assessment attributable to one (1) property owner is more than forty percent (40%) of the collective amount of assessments to be levied, his or her assessment will not contribute towards the requisite fifty percent (50%) for the petition.

(Ord. No. 494, § 3, 7-9-2024)

Proceedings for the formation of an assessment district shall be initiated by resolution. The resolution shall:

A.

Propose the formation of an assessment district pursuant to this chapter;

B.

A general description of the proposed public improvements;

C.

A general description of the proposed assessment district;

D.

Specify a distinctive designation or name for the district;

E.

The descriptions required under subsections B and C of this section need to be sufficiently detailed to enable the engineer tasked with creating the requisite engineering report to generally identify the nature, location, and extent of the improvements, and the location and extent of the assessment district.

F.

Preliminary information concerning the method pursuant to which the amount of the assessment to be charged against each parcel or lot. The amount to be charged to each parcel or lot shall be in proportion to the special benefit the parcel or lot shall receive as a result of the assessment district.

G.

The amount of contribution or advance, if any, which the city or other public entity will make toward the total cost of the proposed public improvements.

H.

A diagram showing the area of the proposed assessment district, including boundaries and dimensions.

(Ord. No. 494, § 3, 7-9-2024)

The engineer's report required to be prepared pursuant to Government Code section 53750 et seq. and article XIII D of the California Constitution shall be prepared to contain in accordance with the sections 14.02.080, Engineer's report through 14.02.140, Filing and submission, of this chapter, inclusive. The report shall be prepared by a professional engineer registered with the State of California.

Should any of the requirements stated under this chapter for the preparation of the engineer's report contradict any provision of state law, state law shall control and the remaining provisions under this chapter shall be considered separate from the contradictory requirement and not invalid.

(Ord. No. 494, § 3, 7-9-2024)

The engineer shall prepare a report for each fiscal year where the proposed assessments are to be levied and collected to pay the costs of the proposed public improvements described in the report.

(Ord. No. 494, § 3, 7-9-2024)

Each fiscal year report shall refer to the assessment district by its distinctive designation, shall specify the fiscal year to which the report applies and, with respect to that year, shall contain:

A.

Plans and specifications for the proposed public improvements;

B.

An estimate of the costs of the proposed public improvements;

C.

A diagram showing the assessment district and the boundaries and dimensions of the land to be included in the district;

D.

An assessment of the estimated costs of the proposed public improvements.

(Ord. No. 494, § 3, 7-9-2024)

A.

The plans and specifications, as required under subsection 14.02.100.A, shall show and describe existing and proposed public improvements. The plans and specifications shall be sufficiently detailed to show or describe the general nature, location, and extent of the improvements. If the assessment district is divided into more than one, the plans and specifications shall indicate the class and type of improvements to be provided for each such zone.

B.

The plans or specifications may be prepared as separate instruments or either or both may be incorporated in the diagram as a combined instrument.

(Ord. No. 494, § 3, 7-9-2024)

The estimate of the costs of the proposed public improvements, as required under subsection 14.02.100.B, shall contain estimates of the following:

A.

The total public improvement costs, being the total costs of constructing or installing all proposed improvements and of maintaining and servicing all existing and proposed improvements, including all incidental expenses.

B.

The amount of any surplus or deficit in the improvement fund to be carried over from a previous fiscal year.

C.

The amount of any contributions to be made from sources other than assessments levied pursuant to this chapter.

D.

The amount, if any, of the annual installment for the fiscal year where the city council has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments.

E.

The net amount to be assessed upon assessable lands within the assessment district, being the total improvement costs, as referred to in subsection 14.02.120.A, increased or decreased, as the case may be, by any of the amounts referred to in subsections 14.02.120.B, C, or D.

(Ord. No. 494, § 3, 7-9-2024)

The diagram of the assessment district shall identify each lot or parcel by a distinctive number or letter. The diagram shall show:

A.

The exterior boundaries of the assessment district;

B.

The boundaries of any zones within the district; and

C.

The lines and dimensions of each lot or parcel of land within the district. The lines and dimensions of each lot or parcel shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The diagram may refer to the county assessor's maps for a detailed description of the lines and dimensions of any lots or parcels, in which case, those maps shall govern for all details concerning the lines and dimensions of such lots or parcels.

(Ord. No. 494, § 3, 7-9-2024)

A.

The assessment, as required under subsection 14.02.100.D, shall refer to the fiscal year to which it applies and shall:

1.

State the net amount, as determined under section 14.02.120, to be assessed upon assessable lands within the assessment district.

2.

Describe each assessable lot or parcel of land within the district.

3.

Assess the net amount upon all assessable lots or parcels of land within the district by apportioning that amount among the several lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements.

B.

The net amount as required under subsection A of this section, shall be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements.

C.

The determination of whether or not a lot or parcel shall benefit from the improvements shall be made pursuant to the Municipal Improvement Act of 1911 (Streets and Highways Code, division 7, commencing with section 5000).

(Ord. No. 494, § 3, 7-9-2024)

The diagram required under section 14.02.130, diagram of assessment district and the assessment required under section 14.02.140, Assessment contents, may classify various areas within an assessment district into different zones where, by reasons of variations in the nature, location, and extent of the proposed public improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements.

(Ord. No. 494, § 3, 7-9-2024)

Upon completion, the engineer shall file the report with the city clerk for submission to the city council. The city council may approve the report, as filed, or it may modify the report and approve it as modified.

(Ord. No. 494, § 3, 7-9-2024)

14.02.170 - Resolution of intention.

After the city council approves the engineer's report as filed, or as modified by the city council, and before the notice of public hearing is mailed or published, the city council must adopt a resolution of intention. The resolution of intention must be published at least ten (10) days prior to the date of the public hearing for the proposed assessment. The resolution of intention shall:

A.

Declare the intention of the city council to order the formation of an assessment district and to levy and collect assessments pursuant to this chapter.

B.

Generally, describe the public improvements.

C.

Refer to the proposed assessment district by its distinctive designation and indicate the general location of the district.

D.

Refer to the engineer's report, on file with the city clerk, for a full and detailed description of the public improvements, the boundaries of the assessment district and any zones within the district, and the proposed assessments upon assessable lots and parcels of land within the district.

E.

Give notice of, and fix a time and place for, a public hearing by the city council on the question of the formation of the assessment district and the levy of the proposed assessment. The time and place for the public hearing shall be the same as the time and place provided under section 14.02.180, Notice of public hearing.

(Ord. No. 494, § 3, 7-9-2024)

14.02.180 - Notice of public hearing.

A.

Pursuant to Government Code section 53750 et seq., the city shall provide forty-five (45) days written notice of a public hearing for a proposed assessment.

B.

Written notice and ballots shall be mailed at least forty-five (45) days in advance before the public hearing for a proposed assessment to the record owner of each parcel identified as being subject to the assessment. Notice shall be sent by first-class mail and deposited, postage prepaid, in the United States mails and shall be deemed mailed when so deposited.

C.

Pursuant to Government Code 53753(b), the envelope containing the notice and ballot shall be addressed to the record owner, and must include on its face, in at least 14-point bold font, and In substantially the following form, the statement: "OFFICIAL BALLOT ENCLOSED."

D.

The notice shall state:

1.

Statement referring to the adoption of the resolution of intention, the language for this statement shall substantially conform to the following:

a.

"On [date], by its adoption of Resolution No. [Resolution of Intention], the City Council of the City of Arvin declared its intention to establish the [designated name of assessment district] pursuant to Title 14 of the Arvin Municipal Code, and to levy an assessment in connection with that district to fund [description of use of assessment]."

The total amount of the proposed assessment is chargeable to the entire district.

3.

The amount chargeable to the record owner's particular parcel.

4.

The duration of the assessment.

5.

The reason for the assessment.

6.

The basis upon which the amount of the proposed assessment was calculated. The basis may include the formula used to calculate the assessment on each parcel, or the data specific to parcel use to calculate the assessment.

7.

The date, time, and location of the public hearing on the proposed assessment.

8.

The summary of the procedures applicable to the completion, return, and tabulation of the ballots. This summary shall be in a conspicuous place within the notice.

9.

A disclosure statement that the existence of a majority protest, as defined in article XIIID section 4 subdivision (e), shall result in the assessment not being imposed.

10.

Where a record owner may obtain a copy of the engineer's report for the assessment. The engineer's report may be incorporated into the notice by reference.

11.

Where a record owner may obtain a copy of the resolution of intention.

(Ord. No. 494, § 3, 7-9-2024)

A.

The address for the receipt of the ballot once completed by the record owner receiving notice.

B.

Reasonable identification of the recipient record owner's parcel.

C.

A place for the record owner to indicate his or her name.

D.

A place for the record owner to indicate his or her support for or opposition to the proposed assessment.

E.

A place for the record owner to complete a signature and date.

(Ord. No. 494, § 3, 7-9-2024)

A.

Assessment ballots shall remain sealed until the tabulation of the ballots commences, provided that an assessment ballot may be submitted, changed, or withdrawn by the submitting record owner prior to the conclusion of public testimony at the public hearing for the proposed assessment.

B.

Duplicate ballots may be issued by the city clerk if a ballot is lost or spoiled before the close of the public testimony if the record owner submits a written statement to the city clerk containing:

1.

The name of the record owner.

2.

The address of the lot or parcel subject to the proposed assessment is owned by the record owner.

3.

The APN number of the lot or parcel.

4.

A declaration that the record owner's ballot for the proposed assessment is lost or spoiled.

5.

A declaration that if the record owner recovers the lost or spoiled original copy of the record owner's ballot, the record owner shall not submit the original copy for a calculation for majority protest.

6.

A declaration that if the record owner recovers his or her original ballot, the record owner shall submit the original ballot to the city clerk either in-person or by mail. The record owner shall indicate on the front of the recovered ballot of the city clerk's issuance of a duplicate ballot. The indication shall be signed and dated by the record owner.

7.

Record owner's signature.

(Ord. No. 494, § 3, 7-9-2024)

14.02.210 - Public hearing.

A.

At the time and place established in the notice of the public hearing, the city council shall hear and consider all objections or protests, if any, to the proposed assessment. At the public hearing, any person shall be permitted to present written or oral testimony. The public hearing may be continued from time to time.

B.

The presiding officer of the public hearing shall announce that once public testimony is closed, ballots and written protests shall no longer be accepted. Such an announcement shall be made prior to the commencement of public testimony.

C.

The presiding officer shall announce a last opportunity to submit ballots and written protests before the close of public testimony.

(Ord. No. 494, § 3, 7-9-2024)

A.

At the conclusion of the public hearing, city council shall designate an impartial person who does not have a vested interested in the proposed assessment shall tabulate the submitted ballots.

B.

Pursuant to Government Code section 53753(e)(1), the city clerk is designated as an impartial person for the purpose of tabulating submitted ballots.

C.

All submitted ballots shall be unsealed and tabulated in public view at the conclusion of the hearing to permit all interested persons to meaningfully monitor the accuracy of the tabulation process.

D.

Ballots shall be tabulated according to the proportional financial obligation of the affected properties.

E.

If more than one record owner submits a ballot for a particular parcel, city council shall apportion the votes according to the respective ownership interests of each record owner of the parcel, as reflected in public record, or as the record owners demonstrate to the city council's satisfaction.

F.

Only signed and completed ballots shall be used to calculate a majority protest.

(Ord. No. 494, § 3, 7-9-2024)

Pursuant to Government Code section 53753(e)(4), a majority protest exists if the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment exceed the assessment ballots submitted, and not withdrawn, in its favor, weighting those assessment ballots as described in subsection 14.02.220.C. If there is no majority protest, the city council may impose the assessment.

(Ord. No. 494, § 3, 7-9-2024)

At the conclusion of the hearing and provided there is no majority protest the city council may adopt a resolution of ordering the improvements and the formation of the assessment district, and confirming the diagram, plans and specifications, and assessment.

A.

A definition describing the public improvements(s), the cost of which is to be charged to the properties located within the assessment district.

B.

The boundaries of the assessment district.

C.

The method by which the assessment costs are to be appropriated among the parcels within assessment district and the amount each parcel or lot shall be charged in proportion to the special benefit conferred upon the parcel or lot.

D.

The amount of contribution or advance if any which the city or another public entity will make towards the total cost of the public improvement. The engineer's report may be incorporated into the resolution to provide some or all the above listed information.

(Ord. No. 494, § 3, 7-9-2024)

Upon receipt of a request by a landowner or his designated agent or on its own motion, the city council may initiate proceedings for the termination of an assessment district by adopting a resolution stating its intention. The resolution of intention shall state the time and place at which the city council shall hold a public hearing to consider such termination. Any surplus monies remaining in the special fund connected with the assessment district shall be distributed in accordance with Streets and Highway Code sections 10427 et seq. unless another state law regarding the termination, disestablishment, or dissolution of an assessment district applies.

(Ord. No. 494, § 3, 7-9-2024)

In the event of an annual adjustment of assessment as per provided by section 14.02,090, which reduces the facilities benefit assessment, the amount in the special fund which is no longer required shall be refunded or distributed according to state law.

(Ord. No. 494, § 3, 7-9-2024)

The provisions of this chapter shall not be construed to limit the power of the city council to utilize any other method for funding public improvements but shall be in addition to any other requirements which the city council is authorized to impose pursuant to state and local laws.

(Ord. No. 494, § 3, 7-9-2024)

All ballots submitted for a proposed assessment shall be determined to be public records subject to the requirements of the California Public Records Act. The ballots shall be retained as public records for at least two (2) years after the vote.

(Ord. No. 494, § 3, 7-9-2024)

Chapter 14.03 - BENEFIT-RELATED FEES FOR REIMBURSEMENT OF THE COST OF LAND USE AND PLANNING PROGRAMS

Sections: