Redwood City Municipal Code § 18.133 Hearing—notice Generally

The provisions of Division 3 shall be applicable to maintenance districts formed before the effective date hereof, regardless of the law pursuant to which said maintenance districts were formed, if all of the owners of all of the lots or parcels of property subject to benefit assessment to pay said costs of maintenance and operation request, in writing, that the alternative method for the levy of the benefit assessment as provided in Division 3 hereof shall apply.

(Ord. No. 1895, § 4.01, 4-16-84)

Alternatively, the City Council may, by separate resolution, declare its intention to order that the method for the levy of the benefit assessment as herein provided be made applicable to a maintenance district formed prior to the effective date hereof.

(Ord. No. 1895, § 4.02, 4-16-84)

The resolution of intention to apply the alternative method for the levy of the benefit assessment as provided in Division 3 hereof, declared pursuant to Section 18.131, shall contain a statement of the formula or formulae upon and by which annual assessment levies for the payment of said costs and expenses will be apportioned according to benefits among the several lots or parcels of property within said maintenance district and the zones of benefit, if any. Said formula or formulae may prescribe a maximum rate or amount of annual benefit assessment to be levied for such purposes. Said resolution shall direct the City Manager annually to cause to be prepared a budget and report in accordance with Section 18.102, Section 18.103 and Section 18.104 hereof, which report shall be signed by him, filed with the City Clerk, presented to the City Council and approved by the Council in accordance with Sections 18.105 and 18.106 hereof.

(Ord. No. 1895, § 4.03, 4-16-84)

Upon approval of the report by the City Council pursuant to Section 18.132 hereof, the City Council shall, by resolution, appoint a time and place of hearing thereon and the City Clerk shall cause notice of the hearing on said report to be given in the time, form and manner provided in Section 18.108 hereof.

(Ord. No. 1895, § 4.04, 4-16-84)

The form of notice to be published and posted shall be substantially as follows:

NOTICE OF HEARING ON

_____ MAINTENANCE DISTRICT

NOTICE IS HEREBY GIVEN that the Director of Public Works has caused to be prepared and filed with the City Clerk a report, in writing, which provides the basis for the benefit assessment for the following type(s) of maintenance and operation _______ _____ to be borne by all lots or parcels of property within the existing district or proposed maintenance district no. ___, more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. Said report sets forth the amounts to be provided in the budget for maintenance and operation, a description of each lot or parcel of property in the maintenance district, by a description sufficient to identify the same, and the amount of assessment to be levied for the fiscal year 19___ - 19___ against each lot or parcel of property. Said report shall be open to public inspection.

Any interested owner objecting to: (only items with X are subject to objection at this hearing)

___ use of the alterative method of benefit assessment

___ zones of benefit___

___ fairness of benefit formula or formulae

___ the amount of the assessment on any lot or parcel of property owned by him/her;

may file with the City Clerk at or before the hour fixed for hearing a protest, in writing, signed by him/her, describing the lot or parcel of property so that it may be identified, and stating the grounds of his/her protest, and may appear at said hearing and be heard in regard thereto.

Said report will be heard by the Council at its meeting to be held on the ___ day of ___, 19___, at the hour of ___ o'clock ___.m., in the regular meeting place of said Council in the Chambers of the Board of Supervisors, 401 North Marshall Street, Redwood City, California, at which time said Council will examine said report and hear protests.

(Ord. No. 1895, § 4.05, 4-16-84)

The form of notice to be mailed shall be substantially as hereinabove set forth, but shall also contain a description of the lot or parcel of property covered by the notice sufficient to identify it, and the amount of the proposed assessment against said lot or parcel of property as set forth in the report.

(Ord. No. 1895, § 4.06, 4-16-84)

Affidavits or certificates of publication, posting and mailing shall be made and filed with the City Clerk.

(Ord. No. 1895, § 4.07, 4-16-84)

Owners may protest or object in the manner, at the time, and with the same force and effect as provided in Section 18.112 hereof with regard to use of the alternative method for the levy of the benefit assessment as provided in Division 3 hereof as well as the fairness of the formula or formulae and the amount of the assessment. The Council may take and receive oral and documentary evidence pertaining to the matters contained in the report.

(Ord. No. 1895, § 4.08, 4-16-84)

If the City Council finds that protests thereto are made by the owners of more than one-half (½) of the area of the property in said maintenance district to the use of the alternative method, no further proceedings shall be taken for a period of six (6) months from the date of the decision of the City Council on the hearing, unless the protests are overruled by an affirmative vote of four-fifths (⅘) of the members of the City Council. The City Council may adjourn the hearing from time to time.

(Ord. No. 1895, § 4.09, 4-16-84)

Subsequent to the final hearing of said matter, the City Council, by resolution, may finally adopt the alternative method of benefit assessment, a formula or formulae for the apportionment of benefits in said annual assessment levies, the budget and the amount of assessment and the assessment.

(Ord. No. 1895, § 4.10, 4-16-84)

The procedures under Division 3 hereof relating to the alternative method for the levy of benefit assessment apply equally to Division 4, except as to matters specifically otherwise provided for herein.

(Ord. No. 1895, § 4.11, 4-16-84)