Richmond Municipal Code Ch. 12.60 Maintenance District Procedure

This chapter shall be cited and referred to as the City of Richmond Maintenance District Procedure.

This chapter is not exclusive, but the resolution of intention in any proceedings taken pursuant to a general law or act may provide that such act or general law is supplemented by any portion or portions hereof.

The words "general law" or the word "act" shall mean an enactment of the Legislature of the State of California. Unless herein otherwise provided, said general law or act shall be as now or hereafter amended or codified.

The word "owner" shall mean all persons owning real property or a taxable interest therein, as their names appear on the last equalized assessment roll (whether secured or unsecured, as the case may be) or, if the City Clerk knows the names and addresses of persons who are successors in interest to the persons shown on such roll, then as known to the City Clerk.

The provisions of this chapter shall be controlling over the provisions of any general law or act in conflict herewith in any proceedings hereunder.

This chapter is adopted pursuant to the municipal affairs provisions of the charter of this City. In proceedings had pursuant to this chapter, which are a municipal affair, the general laws or acts referred to in this chapter are deemed a part hereof.

The City Council may, in its resolution declaring its intention to order work done or improvements made or acquired in proceedings for that purpose, or it may, by separate resolution in proceedings for the sole purpose of establishing a maintenance district, declare its intention to order that the costs and expenses of maintaining and operating specified public improvements of a local nature, shall be assessed, either partly or wholly, upon such property as the City Council shall determine will be benefited by the maintenance and operation of the public improvements proposed to be maintained and operated; the amounts so assessed to be collected in the same manner and by the same county officers as the taxes for general City purposes are collected. Said costs and expenses may include the cost of necessary repairs, replacements, fuel, power, electrical current, care, supervision, and any and all other items deemed reasonably necessary for the proper maintenance and operation of such public improvements.

When the City Council has declared its intention pursuant to the foregoing Section 12.60.070, the provisions of Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code of the State of California, excepting Sections 5850 through 5853, inclusive, as those provisions pertain to maintenance districts established by the legislative body of the City, shall apply. Without limiting the generality of the foregoing, proceedings for the proposed annexation of territory to any existing maintenance district formed pursuant to this Chapter 12.60 shall be conducted in accordance with the provisions of said Chapter 26 pertaining to annexations.

(Amended by Ordinance No. 7-98 N.S.)

The City Council may, in its resolution declaring its intention to order work done or improvements made or acquired in proceedings for that purpose, or it may, by separate resolution in proceedings for the sole purpose of establishing a maintenance district, declare its intention to order that the costs and expenses of maintaining and operating specified public improvements of a local nature, including the cost of necessary repairs, replacements, fuel, power, electrical current, care, supervision, and any and all other items deemed reasonably necessary for the proper maintenance and operation thereof, shall be assessed either partly or wholly upon such property as the City Council shall determine will be benefited by the maintenance and operation of the public improvements proposed to be maintained; the amounts so assessed to be collected in the same manner and by the same county officers as the taxes for general City purposes are collected.

The purpose of this topic is to provide an alternative procedure by which the City Council may provide funding for the whole or any part of the costs and expenses of maintaining and operating specified public improvements of a local nature, payable from annual benefit assessments to be apportioned among the several lots or parcels of property within the maintenance district established therefor in conformity with a method of apportionment which is to be determined in the proceedings in which jurisdiction is provided therefor.

The resolution of intention to order work done or improvements made or acquired or the separate resolution, if adopted pursuant to Section 12.60.090 of this topic, shall contain a statement of the method by which such annual benefit assessments will be apportioned according to estimated benefits among the several lots or parcels of property within the maintenance district to be established therefor. The method of apportionment prescribed shall be such that its application shall constitute a ministerial act, not involving the exercise of discretion, and said method may prescribe a maximum rate of annual benefit assessment to be levied for such purpose.

The City Clerk shall cause a copy of the resolution of intention adopted by the City Council as provided in Section 12.60.110 to be published once in a newspaper of general circulation in the City; to be mailed, postage prepaid, to all owners of property subject to the proposed assessment; and, to be posted on or near the council chamber door or any bulletin board in or adjacent to City Hall. Said publication, mailing and posting shall be completed not less than ten days prior to such hearing.

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

The City Clerk shall receive written protests, if any, and shall endorse on each protest the date and time it is filed with him. No protest received after the time fixed for hearing shall be timely, but the City Council may, in its discretion, consider untimely and oral objections.

In connection with the hearing provided for the establishment of the maintenance district, owners may protest or be heard as to the establishment of the district, and the boundaries thereof, the fairness of the method of apportioning cost and any other matter related to the proposed establishment of or the administration of the maintenance district.

At said hearing, the City Council may make modifications in the method of apportionment for the purpose of making the same more fair and equitable; provided, however, that if such modification is made, before making a final order in said matter it shall set said matter for hearing at a subsequent meeting of said council, which it shall call or to which it may adjourn; provided, further, that it shall give notice of the time, place and purpose of said further hearing, by one publication in a newspaper of general circulation in the City, at least ten days prior to said hearing. If the method of apportionment prescribes a maximum rate of annual benefit assessment and such modification consists solely of a decrease in such maximum rate of annual benefit assessment, the City Council may order such decrease by resolution, and no notice need be given and no hearing need be had thereon.

Following the close of hearing, if the City Council determines that either written or oral objections or protests against the payment of costs of maintenance and operation have been made by the owners of more than one-half of the area of the property in said maintenance district subject to benefit assessment, the proceedings shall be abandoned and no further proceedings shall be taken for a period of six months from the date of such determination of the City Council following the close of hearing, unless the protests are overruled by an affirmative vote of not less than two-thirds of the members of the City Council. The City Council may adjourn the hearing from time to time.

At the initial hearing or at the subsequent hearing on the modification of the method of apportionment as herein provided or at any meeting to which either shall have been adjourned, or at any meeting of the City Council subsequent to the close of hearing on said matter, with or without said matter having been submitted, unless the proceedings have been abandoned due to a majority protest as provided by Section 12.60.170, the City Council shall adopt by resolution a method of apportionment of said annual benefit assessments, which shall be that stated in the resolution of intention, or said separate resolution, or as modified, and its determination shall be final and conclusive against all persons.

If, at any time following the adoption of the method of apportionment of said annual benefit assessments pursuant to Section 12.60.180, the City Council shall, by resolution, determine that, either because of changed conditions or because of defects or insufficiencies therein disclosed by its application and use, the adopted method is, in any particular, inequitable or unfair, or may be made more equitable and fair, the City Council may, by said resolution, so declare. The resolution shall state the changed conditions or the defects or deficiencies, and set forth the proposed modified method of apportionment, and fix a time and place of hearing thereon.

The City Clerk shall cause a copy of said resolution adopted by the City Council as provided in Section 12.60.190 to be published once in a newspaper of general circulation in the City; to be mailed, postage prepaid, to all owners of property subject to the assessment; and to be posted on or near the council chamber door or any bulletin board in or adjacent to City Hall. Said publication, mailing and posting shall be completed not less than ten days prior to such hearing.

At the hearing on the proposed modified method, written or oral objections or protests may be filed, heard and acted upon in the manner and with like effect as provided in Sections 12.60.140 and 12.60.170.

Following establishment of the maintenance district as prescribed in the foregoing sections of this Topic 3, and in a manner which is timely in relation to the general fiscal year budgeting processes of the City, the City Engineer shall annually cause to be prepared a budget for the costs and expenses of maintaining and operating any or all of said public improvements of a local nature during the ensuing fiscal year which shall include the following:

(a) The gross amount required for the costs and expenses of maintaining and operating said public improvements;

(b) The balance estimated to be available in the maintenance fund at the end of the present fiscal year if any;

(c) The amount, if any, to be contributed by the City to pay any part of said costs and expenses; and

(d) The net balance which is the amount necessary to pay said costs and expenses for the ensuing fiscal year.

The amount provided in subsection (d) of Section 12.60.220 shall be funded by an annual benefit assessment on each of the lots or parcels of property within the maintenance district.

In each fiscal year in which a net balance remains as shown in the budget pursuant to Section 12.60.220, the City Engineer shall cause to be prepared a report, in writing, for each maintenance district, which shall, under appropriate headings, show the amounts to be provided in the budget for maintenance and operation pursuant to Section 12.60.220(a) the net balance remaining pursuant to Section 12.60.220(d), and by properly headed columns, show the following data as to each lot or parcel of property within the maintenance district in columnar form:

(a) A description of each lot or parcel of property in the maintenance district, by a legal description, assessor's parcel number or other description sufficient to identify the same;

(b) The amount of assessment to be levied against each lot or parcel or property in the maintenance district in accordance with the maintenance district in accordance with the method of apportionment; and

(c) Such other information as will be necessary or useful in applying the method of apportionment.

A copy of the City Engineer's report or the relevant portions thereto shall be mailed, postage prepaid, to all owners of the property subject to the annual benefit assessment, together with a response form which can be returned, within fifteen days of date mailed, calling to the attention of the City Engineer any mistake, error, or irregularity in the application of said formula. Said mailing shall be completed not less than twenty days prior to the presentation of the report to the City Clerk.

The City Engineer will correct any mistakes, errors, or irregularities discovered after consideration of all property owner response forms which are timely returned.

When the report has been completed by the City Engineer, it shall be signed by him and filed, together with any property owner response forms which were returned, with the City Clerk on or before July 28th of each year. Upon receipt of the report, the City Clerk shall present it to the City Council for its consideration at its next regular meeting.

(Amended by Ordinance No. 35-86 N.S.)

The report shall be reviewed by the City Council and approved and adopted by resolution. Upon approval and adoption as herein provided, all decisions and determinations of the City Council shall be final and conclusive, and the annual benefit assessments, and each of them, shall be deemed levied as of the adoption of said resolution.

The report, together with the certificate of the City Clerk as to the fact and date of approval and adoption of said report by the City Council as provided in Section 12.60.280 shall forthwith be delivered to the director of finance of said City, who shall thereafter deliver said report, as adopted, to the county auditor.

The county auditor shall post to said tax roll the total amount of the annual benefit assessment levied and to be collected for said fiscal year on each lot or parcel of property within the maintenance district as set forth in said report. The amount so posted shall appear as a separate item on the tax bill.

The special benefit assessments shall be collected upon the last equalized secured and utility tax rolls upon which said ad valorem property taxes are collected. They shall be in addition to said ad valorem property taxes, and shall be collected together with, and not separate therefrom, and enforced in the same manner and by the same persons and at the same time and with the same penalties and interest as are said ad valorem property taxes. All laws applicable to the collection and enforcement of said ad valorem property taxes shall be applicable to said annual benefit assessments, and the assessed lot or parcel of property, if sold for taxes, shall be subject to redemption in the same manner as such real property is redeemed from the sale for ad valorem property taxes, and if not redeemed, shall in like manner pass to the purchaser.

If any property within the maintenance district is erroneously omitted in any such report, said property shall be assessed for the omitted amount in the next fiscal year after such omission is discovered, and appropriate provision shall be made in the report for said fiscal year.

(Source: Ordinance No. 12-81 N.S.)