Fresno County Municipal Code Ch. 4.32 Lighting Assessment Procedures

A. Pursuant to the authority vested in the board of supervisors of the county of Fresno by Sections 5830 to 5831 and 19180 to 19181 and 19184, inclusive, of the California Streets and Highways Code, the procedures set forth in this chapter are established to fix and collect assessments for street lighting authorized to be provided within Fresno County maintenance districts and highway lighting districts.

B. For any maintenance districts providing street lighting or any highway lighting district in Fresno County, the board may fix and collect an assessment to pay, in whole or in part, for the cost thereof. The revenue obtained thereby may be in lieu of or supplemental to revenue obtained by the levy of taxes. The assessments shall be based on the estimated benefit to each parcel and in accordance with the confirmed assessment, sufficient to raise the amount needed for providing the service.

(Ord. 604-a-2, § 1 (part), 1979)

Once a year, the board shall cause to be prepared a written report which shall contain a description of each parcel of real property benefiting from street lighting and the amount of the assessment for each parcel. The report shall be filed with the clerk of the board.

(Ord. 604-a-2, § 1 (part), 1979)

Upon the filing of such report, the clerk shall fix a time, date, and place for hearing thereon and for filing objections or protests thereto. The clerk shall publish notice of such hearing as provided in Government Code Section 6066 prior to the date set for hearing in a newspaper of general circulation printed and published in the county of Fresno, and in addition at least three notices shall be posted in public places within the district not less than ten days prior to the hearing.

(Ord. 604-a-2, § 1 (part), l979)

A. At the time, date and place stated in this notice, the board shall hear and consider all objections or protests, if any, to the report and may continue the hearing from time to time. Upon conclusion of the hearing, the board may adopt; revise, change, reduce or modify any assessment and shall make its determination upon each assessment as described in the report and thereafter by ordinance shall confirm the report. The decision of the board shall be final and conclusive. The validity of the assessments on the confirmed report shall not be contested in any action or proceeding, unless the action or proceeding is commenced within thirty days after the report is confirmed.

B. Each report confirmed, as aforesaid, shall be adopted by ordinance in the manner prescribed by law and shall constitute an amendment of the chapter. Such reports adopted as provided herein by such amendments shall not be included in this code. Each amendment shall be filed with the tax collector within thirty days following adoption of said ordinance.

(Ord. 604-a-2, § 1 (part), 1979)

The assessments set forth in the report, as confirmed, shall appear as a separate item the tax bill. The assessment may be collected at the same time and in the same manner as general tax levies for county purposes 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. All laws applicable to the levy, collection and enforcement of county ad valorem property taxes shall be applicable to such assessments except that if for the first year such assessment is levied, the real property to which such assessment 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, then the assessment confirmed to this section shall not result in a lien against such real property but instead shall be transferred to the unsecured roll for collection.

(Ord. 604-a-2, § 1 (part), l979)