Orange County Municipal Code Art. 3 Procedure for Fixing and Collecting Charges for Miscellaneous Extended…

Government Code section 25210.77a authorizes the Board of Supervisors to fix and collect charges for particular miscellaneous extended services, to pay in whole or in part the cost thereof. Section 25210.77a further authorizes the Board of Supervisors to collect such charges on the tax roll by adopting an ordinance providing a procedure therefor. This division shall provide such a procedure for each of the County Service Areas listed in article 2 of division 6 of title 2 of this Code, and shall authorize the fixing and collecting of charges to pay, in whole or in part, the costs of the miscellaneous extended services authorized by said article 2 of division 6 of title 2 (commencing with section 2-6-10).

(Ord. No. 3578, § 1, 3-25-86)

Once a year the Board of Supervisors shall cause to be prepared a written report which shall contain a description of each parcel of real property receiving the particular miscellaneous extended service and the amount of the charge for each parcel for such year computed in conformity with the procedure set forth in this division. Such report shall be filed with the Clerk of The Board of Supervisors.

(1) The charges may be determined by apportioning the total cost, not otherwise offset by other available revenue, of the extended service area to each parcel therein in proportion to the estimated benefits from such service to be received by each parcel.

(2) Parcels may be described by reference to maps prepared in accordance with section 327 of the Revenue and Taxation Code, and on file with the County Assessor.

(Ord. No. 3578, § 1, 3-25-86)

Upon the filing of such 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, prior to the date set for hearing, in a newspaper of general circulation printed and published in the County.

(Ord. No. 3578, § 1, 3-25-86)

At the time, date, and place stated in said notice, the Board of Supervisors 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, the Board of Supervisors 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. 3578, § 1, 3-25-86)

The charges set forth in the report, as confirmed, shall appear as a separate item on the tax bill. Such charges 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. All laws applicable to the levy, collection, and enforcement of county ad valorem property taxes shall be applicable to such charge; except that, if for the first year such charge is levied the real property to which such charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, the charge confirmed pursuant to this section shall not result in a lien against such real property but instead shall be transferred to the unsecured roll for collection.

(Ord. No. 3578, § 1, 3-25-86)

Whenever a railroad, gas, water, or electric utility right-of-way or electric line right-of-way is included within such County service area, or zone thereof, the railroad, gas, water, or electric utility right-of-way or electric line right-of-way shall be subject to the charges authorized by the Board of Supervisors only if, and to the extent that, the Board of Supervisors finds that such right-of-way will benefit from the particular extended service, 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 such service area or zone. 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. 3578, § 1, 3-25-86)

Federal and State governmental agencies, and local agencies, shall be exempt from the payment of charges imposed pursuant to this article.

(Ord. No. 3578, § 1, 3-25-86)