Earlier editions: 2026-09
Chapter 12A — Improvement Procedure Code›Article IV — MAINTENANCE DISTRICTS
Gilroy Municipal Code Div. 4 Applicability to Maintenance Districts Formed Prior to the Effective Date…
Gilroy Municipal Code · 2026-10 edition · updated 2026-10-04 · Gilroy
Cite as: Gilroy Municipal Code Division 4 · Text as of 2026-10-04
§ 12A.225. Applicability – Petition.¶
The provisions of sections 12A.199 to 12A.224, inclusive, (the alternative method for the levy of benefit assessments) shall be applicable to maintenance districts formed before the effective date hereof, irrespective of the law pursuant to which said maintenance districts were formed, if all of the owners of all of the lots or parcels of property subject to benefit assessment to pay said costs of maintenance and operation request, in writing, that the alternative method for the levy of the benefit assessment as provided in said sections 12A.199 to 12A.224, inclusive, hereof shall apply.
(Ord. No. 86-14, § 1, 9-2-1986)
§ 12A.226. Applicability – City council action.¶
Alternatively, the city council may, by separate resolution, declare its intention to order that the method for the levy of the benefit assessment as herein provided be made applicable to a maintenance district formed prior to the effective date hereof.
(Ord. No. 86-14, § 1, 9-2-1986)
§ 12A.227. Resolution of intention.¶
The resolution of intention to apply the alternative method for the levy of the benefit assessment as provided in sections 12A.199 to 12A.224, inclusive, hereof, declared pursuant to section 12A.226, 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 said maintenance district and the zones and benefits, if any. Said formula or formulae may prescribe a maximum rate of amount of annual benefit assessment to be levied for such purposes. Said resolution shall direct the director of public works annually to cause to be prepared a budget and report in accordance with sections 12A.201, 12A.202 and 12A.203, inclusive, hereof, which report shall be signed by him, filed with the city clerk, presented to the city council and approved by said council in accordance with sections 12A.204 and 12A.205 hereof.
(Ord. No. 86-14, § 1, 9-2-1986)
§ 12A.228. Hearing – generally.¶
Upon approval of the report by the city council pursuant to section 12A.205 hereof, said council shall, by resolution, appoint a time and place of hearing thereon and the city clerk shall cause notice of the hearing on said report to be given in the time, form and manner provided in section 12A.207 hereof.
(Ord. No. 86-14, § 1, 9-2-1986)
§ 12A.229. Same – Form of notice to be published.¶
The form of notice to be published and posted shall be substantially as follows:
| NOTICE OF HEARING ON __________ MAINTENANCE DISTRICT |
|---|
| NOTICE IS HEREBY GIVEN that the Director of Public Works has caused to be prepared and filed with the City Clerk of the City of Gilroy, a report, in writing, which provides the basis for the benefit assessment for the following type(s) of maintenance and operation _________ to be borne by all lots or parcels of property within the existing district or proposed maintenance district no. , more particularly described in Exhibit “A” hereto attached and by reference incorporated herein. Said report sets forth the amounts to be provided in the budget for maintenance and operation, a description of each lot or parcel of property in the maintenance district, by a description sufficient to identify the same, and the amount of assessment to be levied for the fiscal year 20—20_______ against each lot or parcel of property. Said report shall be open to public inspection. |
| Any interested owner objecting to: (Only items with X are subject to objection at this hearing) |
| _________ use of the alternative method of benefit assessment; |
| _________ zones of benefit; |
| _________ fairness of benefit formula or formulae; |
| _________ the amount of the assessment on any lot or parcel of property owned by him/ |
| may file with the City Clerk at or before the hour fixed for hearing a protest, in writing, signed by him/ |
| Said report will be heard by the City Council at its meeting to be held on the _________day of , 20, at the hour of _________o’clock _________.m., in the regular meeting place of said council, Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, California, at which time said council will examine said report and hear protests. |
(Ord. No. 86-14, § 1, 9-2-1986)
§ 12A.230. Same – Form of mailed notice.¶
The form of notice to be mailed shall be substantially as hereinabove set forth, but shall also contain a description of the lot or parcel of property covered by the notice sufficient to identify it, and the amount of the proposed assessment against said lot or parcel of property as set forth in the report.
(Ord. No. 86-14, § 1, 9-2-1986)
§ 12A.231. Affidavits.¶
Affidavits or certificates of publication, posting and mailing shall be made and filed with the city clerk.
(Ord. No. 86-14, § 1, 9-2-1986)
§ 12A.232. Hearing protests.¶
Owners may protest or object in the manner, at the time, and with the same force and effect as provided in section 12A.211 hereof with regard to use of the alternative method for the levy of the benefit assessment as provided in sections 12A.199 to 12A.224, inclusive, hereof as well as the fairness of the formula or formulae and the amount of the assessment. The city council may take and receive oral and documentary evidence pertaining to the matters contained in the report.
(Ord. No. 86-14, § 1, 9-2-1986)
§ 12A.233. Majority protest.¶
If the city council finds that protests thereto are made by the owners of more than one-half of the area of the property subject to benefit assessment to pay said costs of maintenance and operation in said maintenance district to the use of the alternative method, no further proceedings shall be taken for a period of six (6) months from the date of the decision of said council on the hearing, unless the protests are overruled by an affirmative vote of four-fifths of the members thereof. The city council may adjourn the hearing from time to time.
(Ord. No. 86-14, § 1, 9-2-1986)
§ 12A.234. Final determination.¶
Subsequent to the final hearing of said matter, the city council, by resolution, may finally adopt the alternative method of benefit assessment, a formula or formulae for the apportionment of benefits in said annual assessment levies, the budget and the amount of assessment and the assessment.
(Ord. No. 86-14, § 1, 9-2-1986)
§ 12A.235. Application of sections 12A.199 to 12A.224, inclusive.¶
The procedures under sections 12A.199 to 12A.224, inclusive, hereof relating to the alternative method for the levy of benefit assessment apply equally to sections 12A.225 to 12A.234, inclusive, except as to matters specifically otherwise provided for herein.
(Ord. No. 86-14, § 1, 9-2-1986)
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