Article 9 — SEWER MAINTENANCE CHARGES

Editor's note— Ord. No. 2695, § 1, adopted August 1, 1973, amended this Code by adding Art. 9, §§ 1-4- 201—1-4-205 to read as herein set out.

This article is enacted pursuant to Government Code section 25210.77a for the purpose of establishing a procedure for fixing and collecting on the tax rolls sewer maintenance charges in County Service Area No. 20.

(Ord. No. 2695, § 1, 8-1-73; Ord. No. 98-15, § 14, 12-8-98)

On or before August 10 of each year the County Executive Officer shall file with the Clerk of this Board a written report which shall contain a description of each parcel of real property within County Service Area No. 20 receiving sewer maintenance services and setting forth the charge to be imposed on said parcel for the anticipated cost of said services during said fiscal year.

(Ord. No. 2695, § 1, 8-1-73; Ord. No. 98-15, § 14, 12-8-98)

The County Executive Officer shall use the following procedure in computing the above charges:

The cost of providing sewer maintenance services within the County Service Area shall be apportioned among the parcels of real property therein on the basis of the number and size of sewer connections.

(Ord. No. 2695, § 1, 8-1-73; Ord. No. 98-15, § 14, 12-8-98)

Upon the receipt of the report referred to in section 1-4-202 the clerk shall fix the time, date and place for a hearing before this Board concerning the above charges and for filing objections or protests thereto. The Clerk shall publish a notice of said hearing as provided in Government Code section 6066, prior to the date set for hearing, in a newspaper of general circulation printed and published in this County.

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

(Ord. No. 2695, § 1, 8-1-73)

The charges set forth in the above report, as confirmed, shall appear as a separate item on the tax bill. The charge shall 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, except that no charge shall be imposed upon or collected from a federal or state governmental agency or another local agency. All laws applicable to the levy, collecting and enforcement of County ad valorem property taxes shall be applicable to such charge.

Whenever a railroad, gas, water, or electric utility right-of-way or electric line right-of-way is included within County Service Area No. 20, the railroad, gas, water, or electric utility right-of-way or electric line right-of- way shall be subject to the charges authorized only if, and to the extent that, it is found that it will benefit from sewer maintenance services, and the railroad, gas, water, or electric utility right-of-way or electric line right-of-way shall be subject to the same penalties, and the same procedure and sale, in case of delinquency as other properties in County Service Area No. 20. In determining whether or not the railroad, gas, water, or electric utility right-of-way or electric line right-of-way benefits from the extended service, its use as a right-of-way for a railroad, gas, water, or electric utility shall be presumed to be permanent.

(Ord. No. 2695, § 1, 8-1-73; Ord. No. 98-15, § 15, 12-8-98)