Bakersfield Municipal Code Ch. 13.04 Maintenance Districts

Sections: 13.04.010 Title. 13.04.020 Purpose. 13.04.021 Policy. 13.04.022 Application process. 13.04.023 Payment of assessments. 13.04.030 General law or act defined. 13.04.040 Alternative procedures. 13.04.050 Chapter not exclusive law. 13.04.060 Chapter provisions controlling. 13.04.070 Adoption pursuant to municipal affairs provision. 13.04.075 Costs of formation. 13.04.080 Council powers—General. 13.04.100 Council powers—Alternative. 13.04.110 Resolution of intention. 13.04.120 Budget—Contents. 13.04.130 Budget—Incorporation into report filed with city clerk. 13.04.140 Hearing—Notice. 13.04.150 Protests when assessments are not increased. 13.04.160 Final determination. 13.04.170 Benefit assessment—Posting. 13.04.180 Benefit assessment—Method of collection.

This chapter shall be cited and referred to as the “city of Bakersfield maintenance district procedure.” (Ord. 2573 § 2, 1980; prior code § 18.04.010)

A. The purpose of this chapter is to provide an alternative procedure by which the city council may provide for the payment or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, payable from annual benefit assessments apportioned among the several lots or parcels of property within the maintenance district established therefor, the nature and formula or formulae for which is to be determined in the proceedings in which jurisdiction is provided and to provide an alternative procedure by which the city council may reserve the right to elect to perform the work of maintaining and operating such public improvements by city forces in each of the years during which the district continues in existence, such election whether to proceed in this manner for a particular year to be determined and exercised each year at the time the budget and assessment are adopted for the year in question and not at the time the right to elect is reserved.

B. It is contemplated that such procedure will enable the affected owners to be benefited by maintenance and operation of public improvements not otherwise fully available to such property owners or not otherwise fully furnished by the city.

C. The enumeration of specific public improvements in this chapter shall not preclude the city from forming maintenance districts for other public improvements. (Ord. 4505 § 1, 2008; Ord. 2573 § 2, 1980; prior code § 18.04.110)

A. It is the policy of the city to include within a maintenance district all new developments that benefit from storm drain facilities, landscaping in the public right-of-way and/or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, or updating the maintenance district documents as a condition of a zone change, or general plan amendment, or grading permit, or conditional use permit, or during site plan review where deemed necessary by the city.

B. “County storm drain facilities,” as that term is used in this chapter, shall include, but not be limited to, the cost of any county-imposed storm drain maintenance service charge, but shall exclude standard catch basins, standard sump facilities, storm drain lines, and manholes. (Ord. 5085 § 1, 2022; Ord. 4964 § 1, 2019; Ord. 4871 § 1, 2016; Ord. 4505 § 2, 2008; Ord. 4043 § 1, 2002; Ord. 3714 § 1, 1996)

A. No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of storm drain facilities, landscaping in the public right- of-way and any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver.

B. In order to implement the provisions of subsection A of this section, all developments shall form a maintenance district at the time of application for a tentative map or parcel map waiver.

C. At the time of request of formation of a maintenance district, all costs associated with the formation of the district shall be paid in accordance with the provisions of Section 13.04.075 of this chapter.

D. On or about July 1st of each year, any maintenance districts formed during the preceding fiscal year may be merged, at the discretion of the city council, with the existing metro-wide consolidated maintenance district. (Ord. 4505 § 3, 2008; Ord. 4043 § 1, 2002; Ord. 3714 § 2, 1996)

A. Maintenance assessments for newly formed maintenance districts are calculated from the time the storm drain facilities, landscaping and/or public park is accepted by the city for maintenance purposes.

B. Levy of the annual maintenance assessment shall occur on or before July 1st of each year. (Ord. 4505 § 4, 2008; Ord. 3714 § 3, 1996)

“General law” or “act,” for the purposes of this chapter, mean an enactment of the Legislature of the state. Unless otherwise provided in this chapter, said general law or act shall be as now or hereafter amended or codified. (Ord. 2573 § 2, 1980; prior code §§ 18.04.040, 18.04.050)

The procedures provided in the several sections of this chapter are alternative. (Ord. 2573 § 2, 1980; prior code § 18.04.020)

This chapter is not exclusive, but the resolution of intention in any proceedings under an act or general law may provide that such act or general law is supplemented by any portion or portions of this chapter. (Ord. 2573 § 2, 1980; prior code § 18.04.030)

The provisions of this chapter shall be controlling over the provisions of any general law or act in conflict with this chapter in any proceedings under this chapter. (Ord. 2573 § 2, 1980; prior code § 18.04.060)

A. This chapter is adopted pursuant to the municipal affairs provisions of the Charter of this city.

B. In proceedings pursuant to this chapter, which are a municipal affair, the general laws or acts referred to in this chapter are deemed a part of this chapter. (Ord. 2573 § 2, 1980; prior code § 18.04.070)

If the formation of a maintenance district is required as a condition of approval of a subdivision map, the applicant shall pay all costs associated with the formation of the district, as set forth in Section 3.70.040. All such fees shall be paid prior to recordation of the final map. (Ord. 3557 § 1, 1993)

A. The city council may, in its resolution declaring its intention to order work done or improvements made, or it may, by separate resolution, declare its intention to order that the costs and expenses of maintaining and operating any or all public improvements of a local nature, including the cost of necessary repairs, replacements, fuel, power, electrical current, care, supervision, and any or all other items necessary for the proper maintenance and operation thereof, shall be assessed, either partly or wholly, upon such district as the city council determines will be benefited by the maintenance and operation of the public improvements proposed to be maintained; the amounts so assessed to be collected in the same manner and by the same county officers as the taxes are collected for general city purposes.

B. The council may classify various areas within a maintenance assessment district into different zones where, by reason of variations in the nature, location and extent of 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 and shall be described in the resolution of intention preceding formation of any maintenance district or, if an established district is to be divided into two or more zones, such zone shall be described in the notice of the annual hearing prescribed in Section 13.04.210(B). Where in this chapter the term “district” is used, said term includes each zone within such district provided such zones were created at the time the district was originally established during or following an annual hearing held pursuant to Section 13.04.210. (Ord. 3280 § 1, 1990; Ord. 2573 § 2, 1980; prior code § 18.04.080)

A. The city council may, in its resolution declaring its intention to order work done or improvements made, or it may, by separate resolution, declare its intention to order that costs and expenses of maintaining and operating any or all public improvements of a local nature, including the cost of necessary repairs, replacements, fuel, power, electrical current, care, supervision, and any and all other items necessary for the proper maintenance and operation thereof, shall be assessed either partly or wholly upon such district as the city council determines will be benefitted by the maintenance and operation of the public improvements proposed to be maintained; the amounts so assessed shall be collected in the same manner and by the same county officers as the taxes are collected for general city purposes.

B. The city council may in said resolution of intention or said separate resolution reserve the right to perform the work of maintenance and operation of any or all public improvement of a local nature by city forces, such determination and election to be made for each year at the time the budget and assessment is approved for the year in question. (Ord. 2573 § 2, 1980; prior code § 18.04.100)

A. The resolution of intention or said separate resolution, declared pursuant to Section 13.04.100, shall contain a statement of the formula or formulae upon and by which annual assessment levies for the payment of said costs and expenses will be apportioned according to benefits among the several lots or parcels of property within the maintenance district to be established therefor, and zones of benefit if required.

B. Said resolution shall instruct the director of public works to annually prepare a report, which shall include a budget for the fiscal year in question. (Ord. 2573 § 2, 1980; prior code § 18.04.120)

The director of public works shall annually prepare a budget for the costs and expenses of maintaining and operating any or all of said public improvements of a local nature during the ensuing fiscal year which shall include the following:

A. The gross amount required for the costs and expenses of maintaining and operating said public improvements;

B. The balance which will be available in the assessment fund at the end of the current fiscal year for such purpose;

C. The amount, if any, to be contributed by the city to pay any part of said costs and expenses;

D. Amounts to be repaid to city for any funds advanced by the city to pay deficits which occurred in prior years;

E. The net balance which is the amount necessary to pay costs and expenses. (Ord. 2573 § 2, 1980; prior code § 18.04.130)

A. When the budget has been completed by the director of public works, it shall be incorporated into a report which, in addition to the budget, sets forth the benefit formula or formulae, a description of each lot or parcel of property in the maintenance district, by description sufficient to identify the same and the amount of assessment to be paid by the affected owner or levied against each parcel.

B. Said report shall be signed by the director of public works or his authorized representative, and filed with the city clerk.

C. The city clerk shall place the matter on the agenda for a hearing by the city council. (Ord. 2573 § 2, 1980; prior code § 18.04.140)

A. When Assessments are Not Increased. The city clerk shall publish notice, in accordance with state law, of the hearing where it is proposed that the maintenance district annual budget and report of the public works director be adopted.

B. When Assessments are Increased or a Maintenance District is Formed. The city clerk shall publish notice, in accordance with state law, of the hearing where it is proposed that the maintenance district annual budget and report of the public works director be adopted. In addition, the notice, protest, hearing and ballot requirements of Government Code Section 53753, as the same may be amended, shall be followed. (Ord. 4186 § 1, 2004; Ord. 2573 § 2, 1980; prior code § 18.04.150)

A. At the annual hearing on a maintenance district where the assessments are not increased, the city clerk shall receive written protests and shall endorse on each protest the date and time it is filed with him or her.

B. No protest received after the time fixed for hearing shall be timely.

C. Any written or oral protest not made at the hearing shall be deemed to be waived voluntarily by any person who might have made such protest, and each person shall be deemed to have consented to the contents of the annual budget and report of the public works director.

D. If, at the annual hearing where assessments are not increased the city council finds that the protest against the assessments is made by owners of more than one-half of the area of the property included within the maintenance district, no further proceedings shall be taken for a period of six months from the date of the decision of the city council on the hearing, unless the protests are overruled by an affirmative vote of five members of the city council. (Ord. 4186 § 1, 2004; Ord. 2573 § 2, 1980; prior code § 18.04.190)

A. At the hearing where a maintenance district is formed or assessments are increased, the city council may establish the district and boundaries thereof, adopt the district, a formula or formulae for the apportionment of benefits in the district, levy the assessment, determine zone of benefit, and whether to reserve the right to perform the maintenance work by city forces or by contract.

B. At the annual hearing where assessments are not increased, the city council may adopt the annual budget and report of the public works director. (Ord. 4186 § 1, 2004; Ord. 2573 § 2, 1980; prior code § 18.04.230)

A. The officer designated by law to extend ad valorem property taxes upon the tax roll on which they are collected shall post to said tax roll the total amount of benefit assessment levied and to be collected for said year on each lot or parcel of property within the maintenance district as set forth in said report.

B. The amount so posted shall appear as a separate item on the tax bill. (Ord. 4186 § 1, 2004; Ord. 2573 § 2, 1980; prior code § 18.04.240)

A. The special benefit assessments which are levied shall be collected upon the last secured tax roll upon which said ad valorem property taxes are collected.

B. They shall be in addition to all of said ad valorem property taxes, and shall be collected together with, and not separate therefrom and enforced in the same manner and by the same persons and at the same time and with the same penalties and interest as are said ad valorem property taxes.

C. All laws applicable to the collection and enforcement of said ad valorem property taxes shall be applicable to said special benefit assessment levy, and the addressed lot or parcel of property, if sold for taxes, shall be subject to redemption in the same manner as such real property is redeemed from the sale for ad valorem property taxes, and if not redeemed, shall in like manner pass to the purchaser. (Ord. 4186 § 1, 2004; Ord. 2573 § 2, 1980; prior code § 18.04.250)

A. Within sixty days of establishment of any maintenance district, or within sixty days of council approval of any maintenance district annual budget and assessment, pursuant to the procedures of this chapter, or within sixty days of the effective date of the ordinance enacting this section, whichever is later, the city may bring an action in the Kern County Superior Court to determine the validity of such action.

B. If no proceedings have been brought by the city pursuant to this section, any interested person may bring an action within the time and in the court specified by subsection A of this section to determine the validity of such matter. If the interested person bringing such action fails to complete the publication and such other notice as may be prescribed by the court in accordance with Section 861 of the California Code of Civil Procedure and to file proof thereof in the action within sixty days from the filing of his complaint, the action shall be forthwith dismissed on the motion of the city unless good cause for such failure is shown by the interest person.

C. The validating proceedings shall be initiated and conducted in conformance with Sections 860-870 of the California Code of Civil Procedure. (Ord. 4186 § 1, 2004; Ord. 3289 § 1, 1990)