Monterey County Municipal Code Ch. 15.30 County Service Areas

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 Section 25210.1) of Part 2 of Division 2 of Title 3 of the California Government Code.

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

C. "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.

D. "Zone" means a portion or the entirety of an existing service area formed pursuant to the provisions of Section 25210.8 of the California Government Code and Section 15.30.120 of the Monterey County Code for the purpose of establishing varying benefit charges or user fees according to services provided, or varying tax rates within the prescribed boundaries of the zone.

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

1. Formation of a zone;

2. Annexation to or detachment from a zone;

3. Dissolution of a zone;

4. Consolidation of zones;

and may include two or more changes of organization initiated in a single proposal.

Any geologic hazard abatement services performed in County Service Area 74 and any charges imposed therefor shall be wholly separate from and additional to miscellaneous extended services performed and miscellaneous extended services charges imposed in CSA 74. Revenues from geologic hazard abatement service charges shall not be comingled with revenues from miscellaneous extended services charges.

(Ord. 4043, 1999; Ord. 3842, 1995; Ord. 3470, 1990; Ord. 3388, 1989)

The service charges for miscellaneous extended services for each assessors parcel shall be computed by the County Service Area. The service charges for each assessors parcel may be apportioned by any formula or method which fairly distributes the charges among all assessors parcels subject to the charges in proportion to the estimated benefits to be received from the miscellaneous extended services by each such assessors parcel.

(Ord. 4043, 1999; Ord. 3470, 1990; Ord. 3388, 1989)

Revenues derived from service charges imposed pursuant to this Chapter shall be used only to pay for the cost of miscellaneous extended services provided within the boundaries of a County Service Area. Revenues derived pursuant to this Chapter, may be used to pay for the cost of the miscellaneous extended service known as geologic hazard abatement provided within the boundaries of a County Service Area or any duly created zone thereof.

(Ord. 4043, 1999; Ord. 3842, 1995)

A written report shall be prepared by the County Service Area 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. 4043, 1999; Ord. 3388, 1989)

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

(Ord. 4043, 1999; Ord. 3388, 1989)

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. 4043, 1999; Ord. 3388, 1989)

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. Such confirming resolution shall be adopted no later than July 10th of the fiscal year during which the service charge is to be collected.

(Ord. 4043, 1999; Ord. 3388, 1989)

After the hearing provided for in Section 15.29.070, the County Service Area 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 an assessors 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. 4043, 1999; Ord. 3470, 1990; Ord. 3388, 1989)

The service charge for each assessors 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. 4043, 1999; Ord. 3470, 1990; Ord. 3388, 1989)

All laws applicable to the levy, collection and enforcement of county ad valorem property taxes shall be applicable to the service charge.

(Ord. 4043, 1999; Ord. 3470, 1990; Ord. 3388, 1989)

Failure to meet time limits set forth in Sections 15.29.070 and 15.29.080, 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. 4043, 1999; Ord. 3388, 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 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.

C. The resolution adopted by the Board of Supervisors for the zone change of organization or reorganization shall do all of the following:

1. State the name of the affected County Service Area and the zone.

2. Described the territory involved in the change of organization or reorganization.

3. Specify whether the Board is forming, annexing to, detaching from, dissolving, consolidating, or reorganizing a zone or zones.

4. Specify services to be provided and the source of funding, if applicable.

5. Specify whether territory being annexed to the zone shall be subject to all the liabilities and entitled to all the benefits of the existing zone.

6. State that the elimination of the service from a zone does not relieve the area and the taxpayers therein from responsibility for payment for the service rendered before the effective date of the elimination.

7. Upon dissolution, determine that public convenience or necessity no longer requires a zone.

D. A copy of the resolution ordering the formation of the zone, or amending the boundaries of an existing zone, shall be filed in the Office of the County Assessor and State Board of Equalization on or before January 1st of the year in which the assessments are to be levied. Thereafter, the property included within such zone shall be segregated on the assessment roll under the designation contained in the resolution.

E. Any zone may be abolished or territory withdrawn therefrom by resolution of the Board of Supervisors, after a hearing held in the manner provided for in this Chapter for the original creation of the zone or annexations thereto, whenever the Board of Supervisors finds that the area proposed for abolition or withdrawal is no longer benefitted by County Service Areas zone services or facilities.

F. The service charges for each parcel within a zone shall be established in accordance with the procedures and requirements set forth in this Chapter.

(Ord. 4043, 1999; Ord. 3470, 1990)