Monterey County Municipal Code Ch. 15.28 County Service Areas—service Charges

As used in this Chapter, the following words and phrases shall have the meanings given in this Section:

A. "County Service Area" means a service area now formed or formed in the future pursuant to the provisions of the County Service Area Law, which comprises Chapter 2.2 (commencing with 25210.1) of Part 2 of Division 2 of Title 3 of the California Government Code.

B. "Extended service" as used in this Chapter 15.28 means those services enumerated and described in Section 25210.61 of the California Government Code.

C. "Miscellaneous extended service" means those services enumerated and described in Section 25210.4a of the California Government Code.

D. "Service charge" means a charge imposed on property located within a County Service Area to pay for the cost of a miscellaneous extended service provided or to be provided within the County Service Area as defined in this Section.

E. "Zone" means a portion of the entirety of an existing service area formed pursuant to the provisions of Section 25210.8 of the California Government Code and Section 15.28 of County Code for the purpose of establishing varying benefit charges or other use fees according to services provided within the prescribed boundaries of the zone.

F. "Zone change of organization" means any of the following:

1. Formation of the zone.

2. Annexation to or detachment from a zone.

(Ord. 3550 § 1, 1991; Ord. 3400 § 1, 1989; Ord. 2516 Ch. 1 § 1, 1979)

The service charges for each parcel shall be computed by the Public Works Director. The service charges for each parcel may be apportioned by any formula or method which fairly distributes the charges among all parcels subject to the charges in proportion to the estimated benefits to be received from the services as defined in Section 15.28.010 by each such parcel.

(Ord. 3400 § 1, 1989; Ord. 2516 Ch. 1 § 5, 1979)

Revenues derived from service charges imposed pursuant to this Chapter shall be used only to pay for the cost of services provided as defined in Section 15.28.010 within the boundaries of a County Service Area.

(Ord. 3400 § 1, 1989; Ord. 2516 Ch. 1 § 2, 1979)

A written report shall be prepared by the Public Works Director for each County Service Area and any zones therein for each fiscal year for which a service charge is to be levied and collected to pay for the cost of a miscellaneous extended service. The report shall be filed with the Clerk of the Board of Supervisors.

(Ord. 3550 § 1, 1991; Ord. 3400 § 1, 1989; Ord. 2516 Ch. 1 § 3, 1979)

The written report for each County Service Area shall contain a description of each parcel of real property receiving the services as defined in Section 15.28.010; the basic rate for each County Service Area subject to a service charge under this Chapter, and the estimated amount of the charge for each parcel for such year computed in conformity with the criteria established by the Public Works Director.

(Ord. 3400 § 1, 1989; Ord. 2516 Ch. 1 § 4, 1979)

Upon filing of the written report, the Clerk of the Board of Supervisors 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 Section 6066 of the Government Code.

(Ord. 2516 Ch. 1, § 6, 1979)

At the time, date and place stated in the notice, the Board of Supervisors shall hear and consider all objections or protests, if any, to the written report and may continue the hearing from time to time. Upon conclusion of the hearing, the Board of Supervisors may adopt, revise, change, reduce, increase, or modify any estimated service charge and shall make its determination upon each estimated service charge as described in the written report and thereafter, by resolution, may confirm the written report.

(Ord. 3400 § 1, 1989; Ord. 2516 Ch. 1 § 7, 1979)

After the hearing provided for in Section 15.28.070, the public works Director may revise the tentative report, to conform to the official assessment roll for the fiscal year in which the service charge is to be collected, and such revised (or unrevised, if no revision is necessary) report is the final report. Any change to an estimated basic service charge or estimated service charge may be based only on changes of ownership, changes of address, the subdivision of an existing parcel, and changes in the class of use of a parcel. Within thirty (30) days after the assessment roll is delivered to the auditor, but no later than July 17th, the final report shall be presented to the Board, which may, by resolution, confirm said report as presented or modified. The resolution constitutes the levy of the service charge for the fiscal year referred to in the final report. The resolution shall be adopted no later than August 10th of the fiscal year in which the service charge is to be collected. The Clerk shall immediately file certified copies of the final report and confirming resolution with the auditor.

(Ord. 2516 Ch. 1 § 8, 1979)

The service charge for each parcel set forth in the final report shall appear as a separate item on the tax bill. The service charge may be collected at the same time and in the same manner as ordinary county ad valorem property taxes 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.

(Ord. 2516 Ch. 1 § 9, 1979)

All laws applicable to the levy, collection and enforcement of county ad valorem property taxes shall be applicable to the service charge, except that if the real property to which the service charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien or bona fide encumbrancer for value has been created and attached thereon, before the date on which the first installment of such taxes would become delinquent, then the service charge confirmed pursuant to this Chapter shall not result in a lien against such real property but instead shall be transferred to the unsecured roll for collection.

(Ord. 2516 Ch. 1 § 10, 1979)

Failure to meet the time limits set forth in Sections 15.28.070 and 15.28.080, because of changes in State law which affect the procedures for equalizing the assessment roll, shall not invalidate any service charge imposed under this division.

(Ord. 2516 Ch. 1 § 11, 1979)

Street lighting service charges are assessed and levied upon all parcels located within a County Service Area providing street lighting services on July 1, 1979, and thereafter for each succeeding fiscal year.

(Ord. 2516 Ch. 2 § 1, 1979)

A. In computing the street lighting service charge, the Public Works Director may consider the class of use being made of the parcel, the intensity of lighting use, and the need for security.

B. In computing the street lighting service charge, the Public Works Director shall establish a basic "use unit" for each class of property. Basic "use units" for each class of property shall be as follows:

1. Vacant lot, one-half unit;

2. Single-dwelling parcel, one unit;

3. Two-dwelling parcel, two units;

4. Three-dwelling parcel, three units;

5. Four-dwelling parcel, four units;

6. Five to twelve (12) dwelling parcel, five units;

7. Thirteen (13) to twenty-four (24) dwelling parcel, six units;

8. Twenty-five (25) to fifty-nine (59) dwelling parcel, seven units;

9. Sixty (60) or more dwelling parcel, eight units;

10. Commercial, industrial and institutional, five units.

C. Parcels exempt are green belt and open space parcels and county roads.

D. The total number of street lighting units within each County Service Area shall be divided into the total budget for that item to arrive at a cost per unit (factor). The cost per unit (factor) shall be multiplied by the total units per each parcel to determine the annual users fee for that parcel.

(Ord. 2516 Ch. 2 § 2, 1979)

Storm and surface water drainage service charges are assessed and levied upon all parcels located within a County Service Area providing storm and surface water drainage services on July 1, 1970, and thereafter for each succeeding fiscal year.

(Ord. 2516 Ch. 3 § 1, 1979)

A. Surface water runoff is generally proportional to area; therefore, the benefit for each lot is based on the size of that lot or parcel of land.

B. In computing the storm and surface water drainage service charge, the Public Works Director shall establish a basic "use unit" by size of parcel as follows:

1. Zero to (but less than) one-half acre parcel one-quarter unit;

2. One-half to (but less than) one acre parcel one-half unit;

3. One to (but less than) two acre parcel one unit;

4. Two acre parcels and above by one acre increments one unit per acre. (Example: 3.6 acres equals three units.)

C. Parcels exempt are green belt or open space parcels and county roads.

D. The total number of storm and surface drainage units within each service area shall be divided into the total budget for that item to arrive at a cost per unit (factor).

E. The cost per unit (factor) shall be multiplied by the total units per each parcel to determine the annual users fee for the parcel.

(Ord. 2516 Ch. 3 § 2, 1972)

Fire hydrant service charges are assessed and levied upon all parcels located within a County Service Area providing fire hydrant services on July 1, 1979, and thereafter for each succeeding fiscal year.

(Ord. 2516 Ch. 4 § 1, 1979)

A. Fire hydrants are placed at intervals to provide service to the entire service area and all properties share equally in the benefit.

B. In computing the fire hydrant service charges, the Public Works Director shall establish a basic "use unit" for each parcel of land.

C. Parcels exempt are green belt or open space parcels and county roads.

D. The total number of fire hydrant units within each service area shall be divided into the total budget for that item to arrive at a cost per unit (factor).

E. The cost per unit (factor) shall be multiplied by the total units per each parcel to determine an annual users fee for that parcel.

(Ord. 2516 Ch. 4 § 2, 1979)

Open space maintenance service charges are assessed and levied upon all parcels located within a County Service Area providing open space maintenance services on July 1, 1979, and thereafter for each succeeding fiscal year.

(Ord. 2516 Ch. 5 § 1, 1979)

A. All property owners can use the open space equally and all will benefit by the scenic aspects; thus, all properties share equally.

B. In computing the open space maintenance service charge, the Public Works Director shall establish a "use unit" for each parcel of land.

C. Parcels exempt are open space parcels and county road parcels.

D. The total number of open space maintenance units within each service area shall be divided into the total budget for that item to arrive at a cost per unit (factor).

E. The cost per unit (factor) shall be multiplied by the total units per each parcel to determine an annual users fee for that parcel.

(Ord. 2516 Ch. 5 § 2, 1979)

Sewer and septic tank maintenance service charges are assessed and levied upon all parcels located within a County Service Area providing sewer and septic tank maintenance on July 1, 1979, and thereafter for each succeeding fiscal year.

(Ord. 2516 Ch. 6 § 1, 1979)

A. All single unit residential properties with connections contribute flow and share equally in the benefit.

B. In computing the sewer and septic tank maintenance service charge, the Public Works Director shall establish a basic "use unit" for each parcel of land.

C. Parcels exempted are open space parcels that do not have a sewer connection and county road parcels.

D. The total number of sewer and septic tank units within each service area shall be divided into the total budget for that item to arrive at a cost per unit (factor).

E. The cost per unit (factor) shall be multiplied by the total units per each parcel to determine an annual users fee for that parcel.

(Ord. 2516 Ch. 6 § 1, 1979)

Street and sidewalk maintenance service charges are assessed and levied upon all parcels located within a County Service Area providing street and sidewalk maintenance on July 1, 1979, and thereafter for each succeeding fiscal year.

(Ord. 2516 Ch. 7 § 1, 1979)

A. In computing the street and sidewalk maintenance service charge, the Public Works Director shall establish a basic "use unit" for each parcel of land within the service area which is located adjacent to the streets affected by street and sidewalk maintenance. Only these parcels will be charged a users fee.

B. Parcels exempted are open space parcels and county road parcels.

C. The total number of street and sidewalk maintenance units within each service area shall be divided into the total budget for that item to arrive at a cost per unit (factor).

D. The cost per unit (factor) shall be multiplied by the total units per each parcel to determine an annual users fee for that parcel.

(Ord. 2516 Ch. 7 § 2, 1979)

Park maintenance service charges are assessed and levied upon all parcels located within a County Service Area providing park maintenance services on July 1, 1989, and thereafter for each succeeding fiscal year.

(Ord. 3400 § 2, 1989)

A. In computing the park maintenance service charge, the Public Works Director may consider the class of use being made of the parcel, the intensity of use, and the need for services.

B. In computing the park maintenance service charge, the Public Works Director shall establish a basic "use unit" for each class of property. Basic "use units" shall be as follows:

C. Parcels exempt are green belt and open space parcels, county roads, churches, and local government agency parcels without dwelling units.

D. The total number of park maintenance units within each County Service Area shall be divided into the total budget for that item to arrive at a cost per unit (factor). The cost per unit (factor) shall be multiplied by the total units per each parcel to determine the annual users fee for that parcel.

(Ord. 3400 § 2, 1989)

A. The Board of Supervisors may, by resolution, form, annex to, detach from, dissolve, consolidate, or reorganize zones within a County Service Area. The Board of Supervisors may also determine to deny, modify, or condition a proposed change of organization or reorganization involving zones.

B. When one hundred (100) percent consent of the property owners is given on the zone change of organization or reorganization, the Board of Supervisors may take action in accordance with such consent without legal notice and hearing.

If one hundred (100) percent consent is not given, the Clerk of the Board of Supervisors shall set and give notice of the public hearing to consider the zone change or organization or reorganization. The notice shall be published in the manner prescribed by Section 6061 of the California Government Code and shall do all of the following:

1. State the proposed change of organization or reorganization involving the zone.

2. State the time and place for the public hearing.

3. State that at the hearing the testimony of all interested persons will be heard.

4. State the manner in which, and by whom, the proceedings were initiated.

5. Describe the general location of the subject territory.

6. State the reason or reasons of changes of organization or reorganization.

(Ord. 3550 § 2, 1991)