Orange County Municipal Code Art. 2 Procedure for Fixing and Collecting Charges for Park and Recreation…

Government Code section 25210.66a authorizes the Board of Supervisors to fix and collect charges from property owners for park and recreation facilities and services, to pay in whole or in part the cost thereof. Section 25210.66a further authorizes the Board of Supervisors to collect such charges on the tax roll by adopting an ordinance providing a procedure therefor. This article shall provide such a procedure for each of the County Service Areas listed in article of division 7 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 park and recreation facilities and services provided in said County Service Areas.

(Ord. No. 3635, § 1, 5-26-87)

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 park and recreation facilities and services and the amount of the charge for each parcel for such year computed in conformity with the procedure set forth in this article. 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 facilities and service to each parcel in the County Service Area in proportion to the estimated benefits from such facilities and services 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. 3635, § 1, 5-26-87)

Upon the filing of the report required by section 2-7-11, 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. 3635, § 1, 5-26-87)

At the time, date and place stated in the notice required by section 2-7-11, 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. 3635, § 1, 5-26-87)

The charges set forth in the report required by section 2-7-11, 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. 3635, § 1, 5-26-87)

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 facility or 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 facility or service, its use as a right-of-way for a railroad, gas, water or electric utility shall be presumed to be permanent.

(Ord. No. 3635, § 1, 5-26-87)

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

(Ord. No. 3635, § 1, 5-26-87)