Contra Costa County Municipal Code Ch. 1012-2 General Provisions

Article 1012-2.2. General Provisions

This division effectuates the County Service Area Law (Government Code Sections 25210.1 and following) including future amendments thereto, and constitutes the ordinance referred to in Section 25210.77a therein.

(Ords. 90-32, 7942).

Revenues from service charges shall be used only to pay for the cost of miscellaneous extended services.

(Ords. 90-32, 79-42).

Article 1012-2.4. Definitions

Unless otherwise specifically provided, or required by the context, the following terms have these meanings in this division.

(Ords. 90-32, 79-42).

"County service area" means a present or future service area formed pursuant to Government Code Sections 25210.1 ff.

(Ords. 90-32, 79-42).

"Miscellaneous extended service" means those services enumerated and described in Government Code Section 25210.4a, including future amendments thereto, which are or will be provided in a county service area pursuant to this division.

(Ords. 90-32, 70-42).

"Service charge" means a charge imposed pursuant to this division on property located within a county service area to pay for the cost of miscellaneous extended service(s) therein for a fiscal year.

(Ords. 90-32, 79-42).

"Designated director" means the director of the county department responsible for administering the program services of the particular county service area and designated by the board to annually comply with this division's requirements for a particular service charge.

(Ord. 90-32).

Article 1012-2.6. Procedures

The designated director shall prepare a tentative report for each fiscal year for which a service charge is to be imposed and shall file it with the clerk of the board of supervisors.

(Ords. 90-32, 79-42).

The tentative report shall contain a description of each parcel of real property receiving the miscellaneous extended service, the basic service charge for each county service area subject to a service charge hereunder, and the estimated amount of the service charge for each parcel for such year.

(Ords. 90-32, 79-42).

(a) In General. The designated director shall compute and apportion the service charge by any formulas or methods which fairly distribute the service charge among all subject parcels in proportion to the estimated benefits they will receive from the miscellaneous extended service.

(b) Street Lighting Charge. In computing the street lighting charge, the designated director may consider the class of use being made of the parcel, the intensity of lighting use, and the need for lighting as an anticrime measure.

(Ords. 90-32, 79-42).

Upon filing of the tentative report, the clerk of the board shall fix a time, date, and place for a board hearing thereon and for filing objections or protests thereto, and shall publish notice thereof as provided in Government Code Section 6066.

(Ords. 90-32, 79-42).

The board shall hear the matter as scheduled, or as postponed or continued for good cause, and consider any objections or protests to the tentative report. The board of supervisors may then adopt, revise, change, reduce, increase, or modify any estimated service charge, and shall make its determination upon each estimated service charge as described in the tentative report and, thereafter, by resolution, may confirm the tentative report and assess the charges set forth therein. Such confirming resolution shall be adopted no later than July 1st of the fiscal year during which the service charge is to be collected.

(Ords. 90-32, 79-42).

Thereafter, the designated director may revise the tentative report to conform to the official assessment roll for the fiscal year in which the service charge is to be collected, and such revised (or unrevised, if no revision is necessary) report is the final report. Any change to an estimated basic service charge or estimated service charge may be based only on changes of ownership, changes of address, the subdivision of an existing parcel, and changes in the class of use of a parcel. Within thirty days after the assessment roll is delivered to the auditor, but no later than July 15th, the final report shall be presented to the board, which may, by resolution, confirm said report as presented or modified; the resolution constitutes the levy of the service charge for the fiscal year referred to in the final report. The resolution shall be adopted no later than August 10th of the fiscal year in which the service charge is to be collected. The clerk shall immediately file certified copies of the final report and confirming resolution with the auditor.

(Ords. 90-32, 79-42).

The service charge for each parcel set forth in the final report shall appear as a separate item on the tax bill. The service charge may be collected at the same time and in the same manner as ordinary county ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes.

(Ords. 90-32, 79-42).

All laws applicable to the levy, collection, and enforcement of county ad valorem property taxes shall be applicable to such service charge, except that, if for the first year such charge is levied the real property to which the service charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, the charge confirmed pursuant to this division shall not result in a lien against such real property but instead shall be transferred to the unsecured roll for collection.

(Ords. 90-56, § 1, 90-32, 79-42).

Failure to meet any of the time limits set forth in this article shall not invalidate any service charge imposed under this division. All time limits are directory, not mandatory.

(Ords. 90-32, 79-42).