Napa Municipal Code Ch. 3.40 Maintenance Procedure Code

This chapter shall be known and may be cited as the "City of Napa Maintenance Procedure Code," and shall be referred to herein as the "code").

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This code is adopted pursuant to Section 4 of the Charter of the City of Napa. In proceedings had pursuant to this code, which are a municipal affair, any general laws referred to in this code are deemed a part of this code.

In the event that any proceeding had pursuant to this code shall be adjudged a state affair, it is declared to be the intention that the proceedings were had pursuant to any applicable general law or laws.

This code provides an alternative method of financing certain public and private capital facilities and municipal services. The provisions of this code shall not affect or limit any other provision of law authorizing or providing for the furnishing of facilities or services, or the raising of revenue for these purposes. The city may use the provisions of this code instead of or in conduction with any other method of financing part or all of the cost of providing the authorized kinds of public and private capital facilities and municipal services.

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Any provision in this code which conflicts with any general law or act shall prevail over the other such provision in connection with any proceedings taken pursuant to this code.

In the event any portion of this code shall be declared illegal, unenforceable, or unconstitutional, such provision shall be deemed severable from the rest of the provisions of this code.

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The City Council may take any action or make any determinations which it determines are necessary or convenient to carry out the purposes of this code and which are not otherwise prohibited by law.

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The purpose and intent of this chapter is to establish a method whereby the improvements described in Section 3.40.160(A) of this chapter may be constructed, installed and/or maintained, and whereby the costs thereof may be assessed to property which is receiving special benefit therefrom; and to establish a procedure whereby such assessments may be collected.

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

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

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

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

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This chapter 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 chapter, its provisions only need be followed.

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This chapter shall be liberally construed.

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The Landscaping and Lighting Act of 1972 (Part 2 commencing with Section 22500, of Division 15 of the California Streets and Highways Code), as amended from time to time, is incorporated in and made a part of this chapter. Except as otherwise provided by this 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.

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The Mello-Roos Community Facilities Act of 1982 (Chapter 2.5, commencing with Section 53311 of Part 1, Division 2, Title 5 of the California Government Code), as amended from time to time, is incorporated in and made a part of this chapter. Except as otherwise provided by this chapter, the mode and manner of making improvements and for levying and collecting special taxes shall be as prescribed in the Mello-Roos Community Facilities Act of 1982. It is hereby specifically provided that in proceedings under this chapter for maintenance only, the provisions of Section 53312.7, relating to goals and policies shall not apply.

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Proceedings under this chapter shall be conducted under the authority contained in Section 3.40.120 for benefit assessments or Section 3.40.130 for special taxes, which authority shall be designated in the resolution of intention for said proceedings.

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The boundaries of any district created under this chapter may be altered from time to time in the manner provided in the designated authority or as otherwise may be provided by the Council in the resolution initiating proceedings for any such alteration.

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A. Under this chapter, the term "improvement" shall include the installation, construction, planting and/or acquisition of any public or private: (1) landscaping, including trees, shrubs, flowers, groundcover, grass or other ornamental and/or erosion control or privacy or buffer vegetation, irrigation systems and controls, statuary, fountains, water features or other ornamental structures, fencing, soundwalls or other barriers, lighting facilities and related signage; (2) streets, including any street, highway, road, alley, lane, boulevard, pedestrian mall, parkway, bicycle or pedestrian path, trail, gutters, sidewalks with or without curbs and gutters, or other way dedicated to or used for travel and all appurtenances including medians, soundwalls, traffic signals and warning devices, street signs and street lights; (3) parks, including recreational facilities, play fields, park or recreation administrative or neighborhood community center facilities, open space, hiking trails and access points; (4) sewer facilities, including 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, treated effluent dispersal sites and appurtenances; and (5) flood control and storm drainage facilities, including, pipes, mains, channels, bulkheads, retention and detention basins, drop inlets, headwalls, dikes, levees, rip rap, vegetation and appurtenances.

B. Under this chapter, the term "incidental expenses" shall include all items listed in Section 2256 of the Landscaping and Lighting Act of 1972, together with any and all costs incidental to the creation of the district, planning, designing, constructing or acquiring the improvements, including any environmental evaluations and all costs and expenses incurred in connection with the administration of a district created pursuant to this chapter 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 and/or consultant employed to render services in connection with such district or such enforcement proceedings.

C. Under this chapter, "maintain" or "maintenance" shall include all items listed in Section 22531 of the Landscaping and Lighting Act of 1972, whether or not benefit assessments are utilized, any of which items may be necessary and/or convenient for the care and preservation of the improvements in subsection A of this section, including, without limitation, any related studies, testing, monitoring, weed abatement, riparian habitat preservation, dredging, desiltation and the removal of or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment in or near any improvement.

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Under this chapter and for any benefit assessment, the assessment diagram shall be sufficient if it contains a listing of all the parcels to be assessed identifies only by their respective County Assessor Parcel Numbers.

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The city may, by resolution, determine that the estimated cost of the maintenance of any improvement authorized under this chapter is greater than can be conveniently raised for the single installment or imposition and order that the estimated cost shall be raised by an assessment or special tax levied and collected in installments over such period of time as may be set forth in that resolution. Assessments or special taxes may be collected upon the county tax roll or in any other suitable manner prescribed by resolution of the Council adopted in the proceedings, including direct billing to property owners or otherwise.

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The Council may provide, in the resolution of intention, for relief from current assessment or special tax payments by senior citizens, persons and families of low-income or other classes of persons reasonably entitled, in the judgment of the Council, to such relief, by deferred payment until such time as the property is sold to persons not within the protected class, or otherwise.

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The validity of any initial assessment levied under this chapter shall not be contested in any action or proceedings, unless the action or proceeding is commenced within 30 days after the assessment or special tax is levied. The validity of any assessment or special tax levied after the first assessment or special tax may be contested only for the purpose of challenging the accuracy of computation of the component elements or the assessment or special tax formula or the validity of any change in the assessment or special tax formula made pursuant to Section 3.40.140. Any appeal from a final judgment in the action or proceeding shall be perfected within 30 days after the entry of judgment.

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The Council may provide by separate resolution such appeals procedures as it may deem appropriate to facilitate the levy and enforcement of the assessments. Such procedures may provide for the appeal of confirmed assessments to the Director of Public Works or other official of the city responsible for the collection of the assessments or special taxes and grounds upon and times within such appeals must be made. There shall be no appeal from the decision of the appointed official and the perfection of such an appeal shall be a precondition to maintaining any action under Section 3.40.210 hereof.

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