Sacramento Municipal Code Art. V Annual Operations of Maintenance Benefit Area

In each year following its formation, prior to the time for the adoption of the city budget, the city council shall estimate the cost during the ensuing fiscal year of providing the additional maintenance services for which the maintenance benefit area was formed. The city council shall decide whether or not the costs of same shall be borne wholly or partially by said maintenance benefit area and shall fix a service fee to be charged to the owners of each parcel of real property within said maintenance benefit area sufficient to raise an amount of money to cover the costs during the ensuing fiscal year of the maintenance services for which the maintenance benefit area was formed during the ensuing year, or such portion of said amount as the city council shall determine shall be borne by said area. The city council shall fix a service fee to be charged to the owners of each parcel each year upon the real property in such maintenance benefit area sufficient to pay such expense or the portion thereof which must be paid by said maintenance benefit area. The service fee shall be fixed in accordance with the method specified for the maintenance benefit area in the resolution of intention adopted for its formation. Where the service fee as proposed for the ensuing year exceeds the service fee fixed for the then current year, notice of the hearing shall be given in accordance with the provisions of Article III of this chapter. (Prior code § 55.05.501)

The service fee imposed upon an owner of real property within a maintenance benefit area pursuant to this chapter constitutes a lien upon said property until it is fully paid and discharged. (Prior code § 55.02.502)

The city council may provide for collection of the service fees by or under the supervision of the director of finance of the city, or through the office of the county auditor on behalf of the city. The city council may control and order the expenditure of revenues generated by the collection of service fees for the purposes of the maintenance benefit area. (Prior code § 55.05.503)

In the event the city council directs that the service fees be collected on behalf of the city by the county auditor, the city clerk shall file with the county auditor a certified copy of the boundary map or diagram and fee schedule, with a request that the fees be posted to the county roll for general property taxes. This filing shall occur on or before August 1st of the fiscal year in which the fees are to be collected. The fees shall be collected at the same time and in the same manner as general property taxes and all laws providing for the collection and enforcement of such property taxes shall apply to the collection and enforcement of the fees. After deduction of the collection charges of the county auditor, the net amount of the fees collected shall be remitted to the city to the credit of the fund of the maintenance benefit area and shall be used for the payment of the expenses of said area. (Prior code § 55.05.504)

In the event the city council directs that the service fees be collected by or under the supervision of the director of finance of the city, the city clerk shall file a certified copy of the boundary map or diagram and fee schedule with the director of finance, and such fees shall be collected at such times and subject to such fines and penalties for delinquencies as may be determined from time to time by resolution of the city council. The service fees when collected shall be paid into the city treasury to the credit of the fund of the maintenance benefit area and shall be used for the payment of the expenses of said area. (Prior code § 55.05.505)

Not less often than once a year, the director of finance may initiate proceedings to make delinquent service fees a special assessment against the parcels of property upon which said fees constitute a lien. (Prior code § 55.05.506)

A report of delinquent fees shall be transmitted to the council by the director of finance. Upon receipt by the council of the report, it shall fix a time, date and place for hearing the report and any protests or objections thereto. (Prior code § 55.05.507)

The council shall cause notice of the hearing to be mailed to the owner of the real property subject to assessment for delinquent service fees not less than ten (10) days prior to the date of the hearing. For the purpose of this section, the owner of the property shall be conclusively deemed to be the person to which the property was assessed in the last equalized assessment roll of the county of Sacramento unless the director of finance shall have actual knowledge of the name of a person other than such assessee claiming ownership of such parcel of real property. The notice shall be mailed to the address of the owner as shown on the last equalized assessment roll or such other address of the owner as may be known by the director of finance. (Prior code § 55.05.508)

At the time fixed for consideration of the report, the council shall hear it with any objections of the property owners liable to be assessed for delinquent service fees. The council may make such revisions, corrections, or modifications of the report as it may deem just; and in the event the council is satisfied with the correctness of the report (as submitted or as revised, corrected, or modified), it shall be confirmed or rejected by resolution. The decision of the city council on the report and on all protests or objections thereto shall be final and conclusive. (Prior code § 55.05.509)

Upon confirmation of the report by the council, the delinquent service fees contained therein shall constitute a special assessment against the property upon which said fees constitute a lien. Thereafter, such assessments may be collected at the same time and in the same manner as special assessments are collected by the county tax collector on behalf of the city and shall be subject to the same penalties and same procedure of sale as provided for delinquent special assessment so collected.

The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property and paramount to all other liens except those for state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of special assessments shall be applicable to said special assessments. (Prior code § 55.05.510)

A certified copy of the confirmed report shall be filed with the county auditor on or before August 15th. The descriptions of the parcels subject to the special assessment shall be those used for the same parcels on the county assessor's map books for the current year. (Prior code § 55.05.511)

The city council may determine that the whole or any part of the annual expense of the maintenance service performed by the maintenance benefit area may be paid by the city. (Prior code § 55.05.512)

The city council may temporarily transfer moneys to the maintenance benefit area fund from other city funds in which said moneys are not immediately needed. The money so transferred shall be used as provided for in this chapter and shall be retransferred from the maintenance benefit area fund out of the first available receipts. (Prior code § 55.05.513)

The city council may from time to time transfer funds of the city not immediately needed for city purposes to the maintenance benefit area fund of the maintenance benefit area to be used for the payment of the expenses of such maintenance benefit area until such time as service fees collected for the maintenance benefit area are available therefor, the amounts so transferred shall be retransferred to the city treasury from the maintenance benefit area fund of the maintenance benefit area as receipts from collection of the service fee are available. (Prior code § 55.05.514)

The city council shall:

A. Make and enforce all rules, regulations and ordinances necessary for the administration, operation and government of such maintenance benefit area;

B. Execute all contracts and make all necessary provisions for the maintenance and operation of the maintenance benefit area;

C. Appoint and employ all necessary agents, superintendents, engineers and labor for the proper performance of the maintenance work; provided that nothing herein shall prohibit the city from performing any such work with its own officers and employees and reimbursing the city general fund from the maintenance benefit area fund for its actual cost incurred in the performance of such work;

D. Perform all other acts necessary or proper to accomplish the purposes of this chapter. (Prior code § 55.05.515)

All contracts of the maintenance benefit area shall let in the same manner as is prescribed by the city code and city Charter for contracts of the city. (Prior code § 55.05.516)

The title to all property acquired by a maintenance benefit area shall be vested in the city. Upon dissolution of the maintenance benefit area all property used in the performance of its functions may be used, maintained or disposed of in the manner determined by the city council. All funds of the maintenance benefit area not required for its functions shall be held, disbursed, or expended by the city in the manner required by law. (Prior code § 55.05.517)