Fresno Municipal Code Art. 2 Landscape and Lighting District Procedures

The purpose and intent of this article is to establish a method whereby streets, bike paths, trails, medians, soundwalls, street signs, parks, park administration facilities, neighborhood or community centers, open space, drainage facilities, landscaping, statuary, fountains or other ornamental structures and appurtenant facilities or public lighting systems and appurtenant facilities may be constructed, installed and/or maintained, and whereby the costs thereof may be assessed to property which is adjacent to or in the vicinity of such systems or facilities and is receiving special benefit therefrom; and to establish a procedure whereby such assessments may be collected.

(Added Ord. 2007-97, § 2, eff. 1-19-08).

Any proceedings taken or assessment levied pursuant to this article shall not be held invalid for failure to comply with the provisions of this article, provided such failure is not a constitutional defect.

(Added Ord. 2007-97, § 2, eff. 1-19-08).

Any procedure not expressly set forth in this article but deemed necessary or convenient to carry out any of its purposes is authorized.

(Added Ord. 2007-97, § 2, eff. 1-19-08).

The remedies provided in this article for enforcement of any assessment levied pursuant to this article are not exclusive, and additional remedies may be provided at any time.

(Added Ord. 2007-97, § 2, eff. 1-19-08).

Proceedings under this article may be abandoned at any time prior to the confirmation of the assessments.

(Added Ord. 2007-97, § 2, eff. 1-19-08).

This article does not affect other law relating to the same or any similar subject, but provides an alternative authority and procedure for the subject to which it relates. When proceeding under this article, its provisions only need be followed.

(Added Ord. 2007-97, § 2, eff. 1-19-08).

This article is to be liberally construed.

(Added Ord. 2007-97, § 2, eff. 1-19-08).

The Landscaping and Lighting Act of 1972 commencing with Section 22500 of the Streets and Highways Code, as amended, is incorporated in and made a part of this article. Except as otherwise provided by this article or chapter, the mode and manner for making improvements and for levying and collecting assessments shall be as prescribed in the Landscaping and Lighting Act of 1972.

(Added Ord. 2007-97, § 2, eff. 1-19-08).

The boundaries of any district created pursuant to this article may be altered from time to time in the manner provided in the Landscaping and Lighting Act of 1972 or as otherwise may be provided by the Council in the resolution initiating proceedings for any such alteration.

(Added Ord. 2007-97, § 2, eff. 1-19-08).

(a) For all purposes under this article, the term "improvement" shall include all items listed in Street and Highway Code Section 22525 of the Landscaping and Lighting Act of 1972 and also installation, construction, maintenance or servicing of any 1) public street, highway, road, alley, lane, boulevard, pedestrian mall, parkway, bike path, trail, or other way dedicated to or used for public use and all appurtenances including but not limited to medians, soundwalls and street signs; 2) park or recreation administrative or neighborhood community center facilities; and 3) drains, tunnels, sewers, conduits, culverts, and channels for drainage purposes; with necessary outlets, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, channels, and appurtenances.

(b) For all purposes under this article, the term "incidental expenses" shall include all items listed in Streets and Highway Code Section 22526 of the Landscaping and Lighting Act of 1972 and also all costs and expenses incurred in connection with the administration of a district created pursuant to this article or with the enforcement of the duty of a property owner pursuant to this Code to maintain or repair any improvement, including but not limited to compensation of any attorney employed to render services in connection with such district or such enforcement proceedings.

(Added Ord. 2007-97, § 2, eff. 1-19-08).

The city may, by resolution, determine that the estimated cost of any of the improvements authorized pursuant to this article is greater than can be conveniently raised from a single assessment and order that the estimated cost shall be raised by an assessment levied and collected in installments over such period of time as may be set forth in that resolution.

(Added Ord. 2007-97, § 2, eff. 1-19-08).

The validity of any initial assessment levied under this article shall not be contested in any action or proceeding, unless the action or proceeding is commenced within 30 days after the assessment is levied. The validity of any assessment levied after the initial assessment may be contested only for the accuracy of computation of the component elements of the assessment formula or any change in the assessment formula. Any appeal from a final judgment in the action or proceeding shall be perfected within 30 days after the entry of judgment.

(Added Ord. 2007-97, § 2, eff. 1-19-08).