Placerville Municipal Code Ch. 24 Downtown Business Improvement Area

The recitals hereof, which set forth facts regarding the adoption of the council resolutions, the conduct of public hearings and certain findings of the city council, are true and correct and incorporated herein by reference. (Ord. 1558, 4-13-1999)

In order to distinguish between area businesses, and for the purpose of calculating and applying the amount of assessments owed, the following definitions shall apply:

FINANCIAL: Includes banking and savings and loan institutions, credit unions, etc.

LODGING: "Lodging" businesses include hotels, motels, inns, bed and breakfast establishments, RV parks, etc.

OTHER: "Other" businesses include contractor/builders, light manufacturing, production, fabrication, wholesaling, etc.

PROFESSIONAL: Includes architects, designers, attorneys, dentists, doctors, realtors, insurance agencies, mortgage brokers, counselors, etc.

RESTAURANTS: Businesses selling prepared food and drinks.

RETAIL: "Retail" businesses include businesses that buy and resell goods. Examples are clothing stores, gift shops, or office supplies, etc.

SERVICE: "Service" businesses include businesses selling nonretail goods and services. Examples are personal care salons, barbershops, repair shops, automotive oriented businesses, entertainment facilities, travel services, news and advertising media, printers, photographers, etc. (Ord. 1558, 4-13-1999)

A parking and business improvement area is hereby established pursuant to the parking and business improvement area law of 1989, Streets and Highways Code section 36500 et seq. The boundaries of the area shall be set forth on exhibit A, attached to ordinance 1558 and incorporated herein by reference. The area shall be known as the Placerville downtown parking and business improvement area, a true and correct copy of exhibit A, setting forth the boundaries of the area, is on file with the city clerk. (Ord. 1558, 4-13-1999)

All businesses, trades and professions located within the area boundary shown on exhibit A shall, commencing July 1, 1999, pay an annual benefit assessment to the area in the following amounts:

(Ord. 1558, 4-13-1999)

The types of improvements and activities proposed to be funded by the levy of assessment on businesses in the area are as follows:

(A) The acquisition, construction, installation or maintenance of any tangible property with an estimated useful life of five (5) years or more, including, but not limited to, the following improvements:

1. Signage at the following locations: city entrance; parking lots; parking garage graphics; and parking garage entrance.

• 2. Garbage cans.
• 3. Streetlights.
• 4. Tree health care.
• 5. Physical cleanup upon sidewalks. (Ord. 1558, 4-13-1999)

The revenue from the levy of assessments within the area shall not be used to fund improvements or activities outside the area, or for any purpose other than specified in this chapter. (Ord. 1558, 4-13-1999)

No person or business shall be required to pay an assessment based on:

(A) Residential use of property within the area;

(B) A nonprofit corporation, as defined by section 501(c)(3) of the internal revenue service code, located within the area. (Ord. 1558, 4-13-1999)

Any new business established within the area shall not be required to pay an assessment for the billing period during which said business is initiated. The business will have been considered initiated on the date of issuance of the business license. This waiver shall not apply to an existing business that has changed ownership or location within the area. City agrees to supply the area with timely information regarding new businesses initiated within the area. (Ord. 1558, 4-13-1999)

The benefit assessment authorized by this chapter for Placerville businesses shall be billed and collected once each year on June 1. The area will bill and the city will collect the assessments at no charge to the area, and forward all funds collected to the area within thirty (30) days of said collections. Late payment penalties shall be applied to businesses that do not provide their respective assessment payments on the date provided for herein at a rate of ten percent (10%) per month. At such time as late payment penalties equate to fifty percent (50%) of the total assessment, action shall be taken to recover the delinquent assessment. Costs of this recovery shall be borne by the business owing the assessment and late penalties. (Ord. 1558, 4-13-1999)

Contributions to the area shall be permitted on a voluntary basis. The boundary of the area shall not be modified as a result of the contribution, nor shall contributing businesses be considered a member of the area for voting or other purposes. However, said businesses making a voluntary contribution may be entitled to participate in the programs of the area upon a finding by the city council that the area derives a benefit from said business's participation in the program. (Ord. 1558, 4-13-1999)

Pursuant to the act, an annual report shall be presented by the advisory board to the city council for review and approval prior to the beginning of any fiscal year. The purpose of this process is to comply with the act provisions regarding public notice and hearing prior to establishing the benefit assessment for the following fiscal year. The city shall adopt, modify, or otherwise amend the report in accordance with the provisions of Streets and Highways Code sections 36533, 36534 and 36535 of the act. (Ord. 1558, 4-13-1999)

The city specifically finds and declares that the funds derived from the area shall not be used to offset or diminish current maintenance, capital improvement programs, including, but not limited to, public property and sidewalk cleaning, street cleaning and maintenance, tree maintenance, restroom cleaning and maintenance. The city declares its intent to provide at least the same level and standard of maintenance and repair of the public property within the area, providing city funds are available from year to year. (Ord. 1558, 4-13-1999)

Proceedings to disestablish the area shall be initiated by the city council following presentation of a petition to the city council signed by business owners paying fifty percent (50%) or more of the assessments levied in the area. Proceedings to disestablish the area shall follow the procedure set forth in Streets and Highways Code section 36550. The city council shall disestablish the area if, following the public hearing prescribed in section 36550(b), written protests are not withdrawn as to reduce the protests below the fifty percent (50%) level.

In the event of disestablishment of the area, remaining revenues of the area shall be refunded to paying business owners in a pro rata manner calculated in the same manner as was used to establish the most recent assessments applied in the area. (Ord. 1558, 4-13-1999)

If any section, subsection, sentence or clause or phrase of this chapter is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not effect the validity or constitutionality of the remaining portions of this chapter, it being expressly declared that this chapter and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the facts of any one or more of the other sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. (Ord. 1558, 4-13-1999)

The businesses in the area established by this chapter shall be subject to any amendments to division 18, part 6, of the California Streets and Highways Code, parking and business improvement area law of 1989. (Ord. 1558, 4-13-1999)

This chapter shall take effect upon the thirty first day after its final passage. (Ord. 1558, 4-13-1999)