Article V — Maintenance Districts

§ 30-30. New maintenance districts. [Ord. No. 1003, § 1.]

Whenever the council determines that the costs and expenses of maintaining and operating any or all public improvements of a local nature have not been adequately financed and provided for, proceedings therefor may be undertaken pursuant to this chapter.

§ 30-31. Council powers. [Ord. No. 1003, § 1.]

The council may, in its resolution declaring its intention to order work done or improvements made or by separate resolution, declare its intention to order that the costs and expenses of maintaining and operating any or all public improvements of a local nature, including the cost of necessary repairs, replacements, fuel, power, electrical current, care, supervision, and any and all other items necessary for the proper maintenance and operation thereof, shall be assessed, either partly or wholly, upon such district as the council shall determine will be benefited by the maintenance and operation of the public improvements proposed to be maintained; the amounts so assessed to be collected in the same manner and by the same officers as taxes for city purposes are collected.

§ 30-32. Applicable General Law. [Ord. No. 1003, § 1.]

When the council has declared its intention pursuant to section 30-31, the applicable provisions of Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code of the State of California, excepting Sections 5850 to 5853, inclusive, shall apply.

§ 30-33. Purpose. [Ord. No. 1003, § 1.]

The purpose of this section is to provide an alternative procedure by which the council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, payable from annual benefit assessments apportioned among the several lots or parcels of property within the maintenance district established therefor, the nature and formula for which is to be determined in the proceedings in which jurisdiction is provided for the use of such alternative procedure.

§ 30-34. Resolution of intention. [Ord. No. 1003, § 1.]

The resolution of intention to order work done or improvements made or said separate resolution shall contain a statement of the formula upon and by which annual assessment levies for the payment of said costs and expenses will be apportioned according to benefits among the lots or parcels of property within the maintenance district and the zones of benefit, if any, to be established therefor. Said formula may prescribe a maximum rate or amount of annual benefit assessment to be levied for such purposes.

§ 30-35. Written protests and oral objections. [Ord. No. 1003, § 1.]

In connection with the hearing provided for in the establishment of the maintenance district, and the zones of benefit, if any, or the annexation of territory to an existing maintenance district, or to the initial modification in said formula as hereinafter provided, owners may file written protests and make oral objections to said formula in the same manner, at the same time and with like legal effect as provided for other protests and oral objections in Chapter 26 of Part 3 of Division 7 of said Streets and Highways Code.

Downloaded from https://ecode360.com/OA4108 on 2026-07-07

City of Oakdale, CA § 30-36

OAKDALE CITY CODE

§ 30-41

§ 30-36. Initial modification. [Ord. No. 1003, § 1.]

At said hearing, the council, of its own volition or in response to any protest made, heard or considered, may make modifications in the formula for the purpose of making the same more fair and equitable; provided, however, that before making a final determination in said matter of modification it shall set said matter for hearing at a subsequent meeting of the council, which it shall call or to which it may adjourn; provided further, that it shall give notice of the time, place and purpose of said meeting, by one publication in the newspaper in which the original resolution of intention or notice of improvement or notice of hearing on the formation of the maintenance district or notice of hearing on the proposed annexation was published, at least ten days prior to said hearing. If the formula modification consists solely of a decrease in such maximum rate or amount of annual benefit assessment, the council may order such decrease by resolution and no hearing need be held thereon.

§ 30-37. Majority protest. [Ord. No. 1003, § 1.]

If the council finds that protests are made by the owners of more than one-half of the area of the property in said maintenance district subject to benefit assessment to pay said costs of maintenance and operation, no further proceedings shall be taken for a period of six months from the date of the decision of the council on the hearing, unless the protests are overruled by an affirmative vote of four-fifths of the members of the council.

§ 30-38. Final determination. [Ord. No. 1003, § 1.]

At the initial hearing or at subsequent hearing on the modification of said formula as provided in this chapter or at any meeting of the council subsequent to the full hearing of said matter, with or without said matter having been submitted, the council, by resolution, shall finally adopt a formula for apportionment of benefits in said annual assessment levies, which shall be that stated in the resolution of the intention, or said separate resolution, or as modified, and its decision and determination shall be final and conclusive against all persons entitled to appeal to it as to all errors, informalities or irregularities which the council might have avoided or have remedied.

§ 30-39. Subsequent modification. [Ord. No. 1003, § 1.]

If, at any time following the final establishment of the formula for said annual assessment levies, the council shall, by resolution, determine that, by reason of changed conditions or because of defects or insufficiencies therein disclosed by its application, the established formula, in any particular, inequitable or unfair, or may be made more equitable, the council may, by resolution, so declare, stating the reasons therefor, and fix a time and place of hearing thereon.

§ 30-40. Resolution of modification–Notice. [Ord. No. 1003, § 1.]

The city clerk shall cause a copy of the resolution adopted by the council as provided in section 30-39 to be published once in the newspaper in which the resolution of intention, improvement or notice of hearing on the formation of the district or notice of hearing on the proposed annexation in said proceedings was published, to be mailed, postage prepaid, to all owners of property in said district subject to benefit assessment to pay said costs of maintenance and operation, and to be posted on or near the council chamber door or any bulletin board in or adjacent to the city hall. Said publication, mailing and posting shall be completed not less than ten days prior to such hearing.

Downloaded from https://ecode360.com/OA4108 on 2026-07-07

City of Oakdale, CA § 30-41 STREETS AND SIDEWALKS

§ 30-46

§ 30-41. Hearing and determination. [Ord. No. 1003, § 1.]

At the hearing provided for in section 30-39 protests may be filed, heard and acted upon in the manner and with like effect provided in sections 30-35 through 30-38.