Fresno County Municipal Code Ch. 14.16 On-Site Sewer Connection Assessment Procedures

Pursuant to the authority vested in the board of supervisors of the county, hereinafter this chapter referred to as the board, by Sections 5463, 5464 and 5474 of the Health and Safety Code of the state, the procedures set forth in this chapter are established to effect the on-site sewer connection serving a dwelling house to the public sewer system in an adjoining public street and to fix, levy, pay and collect those connection costs.

(Ord. 589, § 1, 1977)

Where a dwelling house has not been connected to the adjoining street sewer after the expiration of the three-year notice to connect given as provided by Section 14.12.030, the board may adopt a resolution of intention which shall provide that county will cause such connection to be made in the event the owner or reputed owner of such land upon which the unconnected dwelling house is situated refuses, neglects or fails to make such connection with the adjoining street sewer after being given written notice to connect as hereinafter provided.

(Ord. 589, § 1, 1977)

A. The director of resources and development shall give written notice by first-class mail of his report filed as provided by Section 14.16.060 to the owner of the connected dwelling whose name and address appears on the latest equalized county assessment roll or as is known to the director, which notice shall set forth the following:

1. The fees or charges for connecting the dwelling to the public sewer, including administrative expenses incurred incident to the proceedings, those connection fees or charges payable to the local agency who owns and maintains the public sewer facilities serving the dwelling, and cost of the improvements constructed to connect the dwelling house to the public sewer;

2. A description of the property subject to such fees, charges and improvements, as special assessment against the real property, which description may be by reference to a plat or diagram on file in the office of the clerk of the board, or to maps prepared in accordance with Section 327, Revenue and Taxation Code, and on file in the office of the county assessor.

3. The time or times at which such assessment shall become due;

4. The number of installments in which such assessment shall be payable;

5. The rate of interest, not to exceed six percent per year, to be charged on the unpaid balance of such assessment;

6. That it is proposed that the assessment and interest thereon shall constitute a lien against the lots or parcels of land to which the facilities are furnished;

7. The time and place at which the board will hold a hearing at which persons may appear and present any and all objections they may have to the imposition of the assessment as a lien against the land.

B. The hearing provided for in this section shall not be earlier than ten days after the giving of notice.

(Ord. 0-81-002, § 12; Ord. 589, § 1, 1977)

The notice shall direct the owner to cause the dwelling to be connected to the public sewer upon a stated date which shall be not less than thirty following the mailing to notice of the passage of the resolution of intention; in the event such dwelling is not connected within the stated period, the county shall cause such work to be performed.

The resolution of intention at notice thereof shall provide that in the county causes the necessary sewer work to be performed to connect the dwelling to the adjoining street public sewer system, special assessment shall be levied in the amount of the cost not paid within the period prescribed by Section 14.16.090, which assessment shall be a lien against the respective lots or parcels upon which the facilities are constructed. The resolution and notice shall further provide that the unpaid obligation to the county shall be payable in annual installments over a stated period not to exceed five years and shall bear interest at not to exceed six percent per year on the unpaid balance.

(Ord. 589, § 1, 1977)

Notice of the commencement of special assessment proceedings initiated by the passage of the resolution of intention referred to in Section 14.16.020 shall be recorded in the office of the county recorder on or before the day the written notice is mailed as provided in Section 14.16.030.

(Ord. 589, § 1, 1977)

Upon the completion of the connection of the dwelling house to the public sewer by the county, the director of public works shall prepare and file with the clerk of the board a report specifying the work which as been done, the cost of connection, a description of the real property upon which the dwelling house is situated and the assessment proposed to be levied.

(Ord. 589, § 1, 1977)

A. The director of public works shall give written notice by first-class mail of his report filed as provided by Section 14.16.060 to the owner of the connected dwelling whose name and address appears on the latest equalized county assessment roll or as is known to the director, which notice shall set forth the following:

1. The fees or charges for connecting the dwelling to the public sewer, including administrative expenses incurred incident to the proceedings, those connection fees or charges payable to the local agency who owns and maintains the public sewer facilities serving the dwelling, and cost of the improvements constructed connect the dwelling house to the public sewer;

2. A description of the property subject to such fees, charges an improvements, as a special assessment against the real property, which description may be by reference to a plat or diagram on file in the office of the clerk of the board, or to maps prepared in accordance with Section 327, Revenue and Taxation Code, and on file in the office of the county assessor;

3. The time or times at which such assessment shall become due;

4. The number of installments in which such assessment shall be payable;

5. The rate of interest, not to exceed six percent per year, to be charged on the unpaid balance of such assessment;

6. That it is proposed that the assessment and interest thereon shall constitute a lien against the lots or parcels of land to which the facilities are furnished;

7. The time and place at which the board will hold a hearing at which persons may appear and present any and all objections they may have to the imposition of the assessment as a lien against the land.

B. The hearing provided for in this section shall not be earlier than ten days after the giving of notice.

(Ord. 589, § 1, 1977)

Upon the day an hour fixed for the hearing, the board shall hear and pass upon the report of the director of public works, together with any objections or protests which may be raised by any of the property owners liable to be assessed for such improvement. Thereupon, the board may make any revision, correction or modification thereto as it deems just, after which the report as adopted shall be deemed confirmed and the assessment levied. No further notice to the owner is required unless the proposed assessment is modified by the board.

The decision of the board shall be final and conclusive. The validity of any assessment shall not be contested in any action or proceedings unless the action or proceedings is commenced within thirty days after the assessment is levied.

(Ord. 589, § 1, 1977)

In the event all or any portion of the assessment is not paid to the county treasurer within ten days after its confirmation, the sum unpaid shall constitute a special assessment against that parcel of property and shall be a lien on the property for the amount thereof from the time of recordation of the notice of lien, which lien shall continue until the assessment and all interest thereon is paid or until it is discharged of record.

(Ord. 589, § 1, 1977)

Where the owner has not paid the assessment within the period prescribed in Section 14.16.090, the special assessment shall become payable to the county in installments as provided in the resolution of intention. The auditor shall enter upon the current assessment roll the amounts of the principal installments and interest, and the tax collector shall include such amounts on bills for taxes levied against the respective lots or parcels of land. All laws applicable to the levy, collection and enforcement of taxes of the county, including penalties and interest thereon and cancellation or refund thereof, shall be applicable to such installments.

A copy of the determination of the treasurer finding the assessments remaining unpaid shall be filed in the office of the auditor, who shall maintain a record in his office showing the several installments of principal an interest on the assessments which are to be collected for the forthcoming year.

The schedule of payments of principal and interest shall be determined in nearly equal annual installments by the treasurer. The first installment of principal an interest shall become due along with taxes in that fiscal year following the fiscal year in which the assessment is levied.

Interest on all unpaid assessments shall begin to run from the date of recording the notice of lien and shall be computed at the rate specified by the board. Interest shall be computed and collected up to the next second day of July succeeding the current fiscal year. In the event the unpaid balance of the assessment is paid in full at any time, the treasurer shall compute interest to date of payment and shall credit the owner with any interest collected along with taxes for the current fiscal year.

The auditor shall annually enter in the assessment roll on which taxes will next become due, opposite each parcel or lot affected, the several installments of such assessment coming due during the fiscal year covered by such assessment roll, including interest due on the total unpaid assessments, and also including an administrative collection charge of one percent of the amount of such installment and interest so entered.

(Ord. 589, § 1, 1977)