Sacramento Municipal Code Art. I General

This chapter is enacted by the city council pursuant to its powers as a chartered city under Article XI of the California Constitution. (Ord. 98-017 § 2; prior code § 81.01.100)

The purpose of this chapter is to provide an alternative procedure in compliance with the provisions of California Constitution Articles XIIIC and XIIID and implementing statutes, by which the city council may provide for payment of all or any part of the costs and expenses of maintaining and operating any permanent public improvements which are local in nature. (Ord. 98-017 § 2; prior code § 81.01.101)

This chapter is alternative to other provisions of this code and to the general laws of the state. When the city council elects to proceed under this chapter, no other provisions of this code or of the general laws shall apply to the proceedings except as specifically otherwise stated in this chapter, or as may be required by the California Constitution. The provisions of Division 4.5 (commencing with Section 3100) of the California Streets and Highways Code shall apply to proceedings conducted pursuant to this chapter. (Ord. 98-017 § 2; prior code § 81.01.102)

This chapter shall be construed liberally to effect its purpose. With respect to any proceeding conducted under this chapter, no error, irregularity or informality, and no neglect or omission of any city officer or employee, which does not directly affect the jurisdiction of the city council to order the work, shall void or invalidate such proceeding or any assessment or special tax for the cost of the work done thereunder. (Ord. 98-017 § 2; prior code § 81.01.103)

Any person affected or aggrieved by the proceedings conducted pursuant to this chapter, or any assessment or special tax levied upon such person's property or the amount thereof, including without limitation any claim of violation of state or federal statutory or constitutional provisions, shall file an appeal with the city council. Such appeals shall be governed by the provisions of Title 2 of this code. (Ord. 98-017 § 2; prior code § 81.01.104)

Unless the context otherwise requires, the following words and phrases as used in this chapter shall have the meanings set forth below:

"Agency" means any local government as that term is defined in subdivision (b) of Section 1 of Article XIIIC of the California Constitution.

"Assessment district" means the territory containing the lands to be specially assessed.

"City" means the city of Sacramento.

"Community facilities district" means the territory within a district formed pursuant to the Mello-Roos Community Facilities Act of 1982, Government Code Section 53311 et seq.

"County" means the county of Sacramento.

"Director" means the director of public works of the city of Sacramento, or designee.

"District" means an assessment district or a community facilities district.

"Engineer" means the director or designee.

"Fiscal year" means the fiscal year of the city of Sacramento.

"Improvement" or "public improvement" means any public improvement of a permanent and local nature, including without limitation those described in this chapter and any improvement described in the Improvement Act of 1911, the Improvement Act of 1913 of the state of California, the Landscaping and Lighting Act of 1972, or the Mello-Roos Community Facilities Act of 1982.

"Maintenance services" means maintenance and operation expenses as defined in subdivision (f) of Section 2 of Article XIIID of the California Constitution.

"Proceedings" shall have the meaning specified at Streets and Highways Code Section 3100 (k).

"Special tax" shall have the meaning specified in the Mello-Roos Community Facilities Act of 1982.

Other terms used in this chapter shall have the meanings specified in Article XIIID of the California Constitution, and in Government Code Sections 53750 through 53753.5 and Streets and Highways Code Section 3100, as those sections may be amended or renumbered. (Ord. 98-017 § 2; prior code § 81.01.105)

Any resolution, notice, report, diagram, or assessment, or other document which is required to contain a description of the improvements to be maintained, the boundaries of the assessment district or any zones therein, or the lines and dimensions of any parcel of land, may refer to any plan or map which is on file with the city clerk, the county auditor, or the county assessor, and which is open to public inspection. The plan or map referred to shall govern for all details of the description. (Ord. 98-017 § 2; prior code § 81.01.106)