Huntington Park Municipal Code Ch. 10 Parks, Street Lighting and Street Landscaping Charge

Except as otherwise provided in this chapter, a charge to fund park maintenance and improvement, street landscaping maintenance and improvement, and the operation improvement and maintenance of street lighting in the City is imposed in the amounts established by this chapter on every parcel of land in the City of Huntington Park pursuant to Section 50075 et seq., of the California Government Code. The charge imposed by this chapter shall be a charge upon each parcel of property, and the charge shall not be measured by the value of the property.

(§ 1, Ord. 750-NS, eff. November 2, 2004)

"City Manager"

means the City Manager of the City of Huntington Park or his or her designee.

"Finance Director"

means the Finance Director of the City of Huntington Park or his or her designee or, in the absence of a position entitled Finance Director, that officer or employee of the City designated by the City Manager to enforce this chapter.

"Fiscal year"

means the period from July 1 of one calendar year to June 30 of the next.

"Improvements"

has the meaning set forth in Section 105 of the California Revenue and Taxation Code, as that section now exists or may be amended.

"Parcel" or "parcel of real property"

means a parcel of real property having a separate assessor's parcel number as shown on the last equalized county assessment roll or on the State Board of Equalization assessment roll.

"Undeveloped parcel"

means a parcel of real property that has improvements with assessed value of $10,000 or less according to the records of the County of Los Angeles Assessor.

(§ 1, Ord. 750-NS, eff. November 2, 2004)

The amount to be imposed on each parcel of real property each year pursuant to this chapter, depending on its use and classification according to the records of the Assessor of the County of Los Angeles, is as follows:

(§ 1, Ord. 750-NS, eff. November 2, 2004)

The records of the Los Angeles County Assessor as of March 1 of each year shall be used to determine the use and improvement of each parcel for the calculation of the charge applicable to that parcel in the following fiscal year.

(§ 1, Ord. 750-NS, eff. November 2, 2004)

The following parcels shall be exempt from the charge imposed by this chapter:

(a) Parcels owed by the United States or the State of California or any agency thereof;

(b) Parcels owned by local government agencies;

(c) Parcels exempt from a charge imposed by the City pursuant to Government Code Section 50075 et seq., under the laws or Constitution of the United States or of the State of California;

(d) Parcels classified on the records of the Los Angeles County Assessor as single-family residential that meet the following criteria:

(1) At least one record owner of the parcel is either a senior citizen 62 years of age or older or eligible for the Federal Supplemental Security Income program for the aged, blind and disabled (42 U.S.C. 1381 et seq.),

(2) The record owner who qualifies under subsection (d)(1) of this section has his or her primary residence on the parcel, and,

(3) The household of which the record owner who qualifies under subsection (d)(1) of this section is a member is a "very low income household" as that term is defined in Health and Safety Code Section 50105, as it now exists or may be amended;

(e) Any person claiming an exemption from the tax imposed by this chapter shall file a verified statement of exemption on a form prescribed by the City Manager prior to June 30 of the first fiscal year for which the exemption is sought.

(§ 1, Ord. 750-NS, eff. November 2, 2004)

The Finance Director shall administer this chapter. Appeals of any determination of the Finance Director shall be submitted in writing to the City Manager not later than December 1 of the fiscal year for which the charge is imposed. The City Manager shall consider the appeal and issue a decision to the appellant in writing, which shall be final.

(§ 1, Ord. 750-NS, eff. November 2, 2004)

On order of the Finance Director, or the City Manager acting upon an appeal, the amount due under this chapter may be corrected for any parcel. The Finance Director shall notify the County Assessor or the County Tax Collector, as appropriate, of any such adjustment.

(§ 1, Ord. 750-NS, eff. November 2, 2004)

The charge imposed pursuant to this chapter shall be subject to the following accountability measures:

(a) Proceeds of the charge shall be used only to fund park maintenance and improvement, street landscaping maintenance and improvement, and the operation improvement and maintenance of street lighting, and for no other purpose;

(b) Proceeds of the charge shall be maintained in a separate account, the principal and earnings upon which shall be spent only on the purpose set forth in subsection (a) of this section;

(c) No later than June 30, 2006, and at least annually thereafter, the Finance Officer shall file a report with the City Council setting forth: (i) The amount of funds collected and expended, and (ii) the status of each project required or authorized to be funded as set forth in subsection (a) of this section.

(§ 1, Ord. 750-NS, eff. November 2, 2004)

The charge imposed pursuant to this chapter shall be annually increased by 3%. The Finance Director shall annually recalculate the amounts due under this chapter and shall give notice of that determination in the manner required by law for notice of ordinances of the City no later than July 1 of each Fiscal Year.

(§ 1, Ord. 750-NS, eff. November 2, 2004)

As authorized by Government Code Section 50077(b), the City shall collect the charge imposed under this chapter in the same manner and subject to the same penalty as, or with, taxes fixed and collected by the County of Los Angeles on behalf of the City pursuant to Section 3-5.01 of this code. The County may deduct its reasonable costs incurred for collection services before remitting the balance of proceeds of the charge to the City. The first annual levy of the charge shall be collected in fiscal year 2005-06.

(§ 1, Ord. 750-NS, eff. November 2, 2004)

No special assessment shall be levied for the purposes set forth in Section 3-10.08 in any fiscal year during which the charge imposed by this chapter is collected.

(§ 1, Ord. 750-NS, eff. November 2, 2004)