Petaluma Municipal Code Ch. 4.30 Special Assessments for Police and Fire Services Related to

The city council Lnds that certain police and Lre services furnished by the city relate particularly to the protection

of real property and the preservation of ownership rights therein. These services include, without limitation, the

prevention and detection of burglary, arson, vandalism and criminal trespass; patrolling and surveillance of

property; the investigation of crimes against property and the apprehension of those charged with committing

them; the inspection of property for Lre hazards, and the extinguishment of Lres. The city council further Lnds

and determines that real property within the city receives a special beneLt from these services and that the cost

thereof should be borne by the property itself. (Ord. 1946 NCS §1, 1993.)

By proceeding in accordance with this chapter, the city council may levy a special assessment on real property for

the cost of police and Lre services related to real property. This chapter shall be liberally construed to ePectuate

its purpose. (Ord. 1946 NCS §1, 1993.)

By resolution the city council may declare its intention to levy an annual special assessment on any or all real

property in the city for the cost of police and Lre services related to real property. The resolution shall describe in

general terms the land subject to assessment, shall specify the number of years during which the proposed

assessment will be collected, and shall direct the city manager or other city employee or consultant to prepare an

assessment report and Lle it with the city clerk. (Ord. 1946 NCS §1, 1993.)

The assessment report shall contain the following:

A. An estimate of the present cost of furnishing police and Lre services related to real property, including an

estimate of the incidental expenses of preparing, levying and collecting the proposed assessment, including legal

and administrative fees and costs, preparation of the assessment report, costs of conducting any required election

and costs of annual collection of the assessment on the county tax bill or otherwise.

B. An assessment roll, stating the amount to be assessed during the Lrst Lscal year of assessment on each

parcel of land proposed to be assessed. The total amount on the roll shall not exceed the estimate described in

subsection A. Each parcel shall be described by its county assessor’s parcel number, or other description suNcient

that any landowner may determine from the roll the amount of the assessment proposed to be levied on that

owner’s land. The parcels to be assessed may be divided into zones of beneLt by location, land use or other

relevant factors or combinations of factors, and diPerent assessments may be assigned to diPerent zones on the

basis of diPering beneLts.

C. The maximum assessment proposed to be assessed on each parcel in any year during the term of the

assessment, if it is proposed that the amount of the assessment may be increased from year to year without

further notice to owners of assessed property. The annual increases shall be stated as a percentage, to be applied

to the amounts stated on the assessment roll.

(Ord. 1946 NCS §1, 1993.)

At any time after the assessment report has been Lled with the city clerk, the city council may set public hearings

on the report. At least two public hearings shall be held. Notice of the hearings shall be mailed to each owner of

property proposed to be assessed at the owner’s address as shown on the last equalized county assessment roll,

or as known to the city clerk. The Lrst hearing shall be held not earlier than ten days after mailing the hearing

notice, nor later than seven days before the concluding hearing, which shall be held at least forty-Lve days after

the notice is mailed. The notice shall also be posted on a public notice board at or near the meeting place of the

city council, and shall be published pursuant to Section 6066 of the California Government Code. (Ord. 1946 NCS

§1, 1993.)

The notice of public hearings on the assessment report shall state:

A. That the city council is considering the levy of an assessment for certain costs of police and Lre services;

B. The time and place of public hearings on the assessment report;

C. The amount of the proposed annual assessment on each parcel of land, and the amount of the maximum

annual assessment, if any;

D. The procedure for Lling written protests to the proposed assessment; and

E. The name, address and telephone number of a city employee or consultant who is prepared to answer

questions about the proposed assessment.

(Ord. 1946 NCS §1, 1993.)

At any time before the time and date set for the concluding public hearing, the owner of any parcel of land

proposed to be assessed may Lle a written protest with the city clerk. The protest shall be signed by the owner

and shall contain a description of the owner’s property suNcient to identify it. If the owner’s name is not shown on

the last equalized assessment roll, the protest shall be accompanied by evidence that the signer of the protest is

the owner of the parcel. (Ord. 1946 NCS §1, 1993.)

At the times and places set for the noticed public hearings, the city council will take public testimony and will hear

objections or protests to the proposed assessments. Any hearing may be continued from time to time. Any written

protest on Lle may be withdrawn by the signer of the protest at any time before the close of the concluding

hearing, but no written protest will be accepted for Lling after the opening of the concluding hearing. (Ord. 1946

NCS §1, 1993.)

After the concluding hearing has been closed, the city council will determine the extent of the valid written

protests remaining on Lle with the city clerk. Only protests signed by the owners of land proposed to be assessed

will be considered; the determination as to ownership will be based on the last equalized county assessment roll

and any evidence of ownership submitted with the protest, and the decision of the city council will be Lnal.

If the revenue represented by written protests on Lle with the city clerk exceeds ten percent but less than Lfty

percent of the revenue raised by the proposed assessments, the city council may abandon the assessment

proceedings or, by resolution, submit the assessment proposal to an election as set forth in Section 4.30.109.

If the revenue represented by written protests is more than Lfty percent of the revenue raised by the proposed

assessments, the assessment proceedings shall be abandoned. (Ord. 1946 NCS §1, 1993.)

If the city council submits the proposed levy of assessments to an election, the election shall be held not less than

ninety days nor more than one hundred eighty days after the adoption of the resolution calling the election. The

qualiLed electors shall be those registered to vote within the territory subject to assessment, except that, if fewer

than twelve persons were registered to vote within the territory on the day thirty days before adoption of the resolution calling the election, the qualiLed electors shall be the owners of land within the territory, each owner

having one vote for each acre or portion of an acre owned within the territory. The assessment proceedings shall

be abandoned unless a majority of votes cast is in favor of the levy of the assessments. (Ord. 1946 NCS §1, 1993.)

If the assessment proceedings are not required to be abandoned, the city council in its discretion may approve the

assessment report as submitted or may modify it and approve it as modiLed, except that the city council may not

increase the amount of any assessment or maximum assessment as stated in the assessment report. Approval of

the assessment report shall constitute the levy of the assessments for the ensuing Lscal year. Thereafter, not later

than the Lrst Monday in August in each Lscal year during the term of the assessments, the city council may levy

the annual assessments in amounts not exceeding the maximum assessments stated in the assessment report,

or, if no maximums were stated, not exceeding the initial assessments. (Ord. 1946 NCS §1, 1993.)

Assessments may be collected in each Lscal year at the same time and in the same manner, and bear the same

penalties and interest for nonpayment, as county property taxes, or the city council from time to time may elect

another form of collection in its discretion. All proceeds of collection shall be placed in a separate fund or account

of the city and shall be expended only for the purposes set forth in the assessment report. (Ord. 1946 NCS §1,

1993.)