San Benito County Municipal Code Ch. 19.07 County Service Areas

The Board of Supervisors of the County of San Benito may fix and collect charges for a particular extended service consistent with this chapter. The revenue obtained by these charges may be in lieu of, or supplemental to, revenue obtained by the levy of taxes.

(1966 Code, § 5C-1) (Ord. 646, § 2(part))

The charges imposed for services rendered by means of a county service area shall not exceed the reasonable estimated cost of providing the service. The charges may be determined by apportioning the total cost, not otherwise offset by other available revenue, of the services provided within the county service, or any zone thereof, to each parcel therein in proportion to the estimated benefits from the service to be received by each parcel based upon the land use classification of the parcel. The charges may be fixed on an annual basis or may vary by reason of the nature or use of the service so that the charges correspond to the cost and the value or benefit of the service.

(1966 Code, § 5C-2) (Ord. 646, § 2(part))

No procedures other than those required by state law shall be required to establish a CSA.

(1966 Code, § 5C-3.1) (Ord. 646, § 2(part))

(A) Once a year, on or before July 10, the department head who administers each county service area shall prepare a written report, which report shall contain a description of each parcel of real property receiving the particular service through a county service area and the amount of the charge for each parcel for such year computed in conformity with the procedure set forth in this chapter. The report shall be forwarded to the Public Works Director who shall forthwith file the report with the Clerk of the Board of Supervisors.

(B) Upon the filing of the report, the Clerk shall fix a time, date and place for hearing to occur on or before August 31, to consider the written report and for filing objections or protests thereto. The Clerk shall publish notice of the hearing as provided in Cal. Gov’t Code § 6066, prior to the date set for hearing, in a newspaper of general circulation printed and published in the county.

(C) At the time, date and place stated in the notice, the Board of Supervisors shall hear and consider the report and all objections or protests, if any, to the report. The Board of Supervisors may continue the hearing from time to time. Upon conclusion of the hearing, the Board of Supervisors may adopt, revise, change, reduce or modify any charge and shall make its determination upon each charge as described in the report and thereafter, by resolution, shall confirm the report.

(D) The charges set forth in the report, as confirmed, shall appear as a separate item on the tax bill. The charge shall be collected and shall be subject to the same manner as ordinary county ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for the taxes. All laws applicable to the levy, collection and enforcement of county ad valorem property taxes shall be applicable to the charge; except that, if for the first year the charge is levied the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, the charge confirmed pursuant to this section shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

(E) Whenever a railroad, gas, water or electric utility right-of-way or electric line right-of-way is included within the county service area, or zone thereof, the railroad, gas, water or electric utility right-of-way or electric line right-of-way shall be subject to the charges authorized only if, and to the extent that, it is found that it will benefit from the particular extended service, and the railroad, gas, water or electric utility right-of-way or electric line right-of-way shall be subject to the same penalties, and the same procedure and sale, in case of delinquency as other properties in the service area or zone. In determining whether or not the railroad, gas, water or electric utility right-of-way or electric line right-of-way benefits from the extended service, its use as a right-of-way for a railroad, gas, water or electric utility shall be presumed to be permanent.

(1966 Code, § 5C-3.2) (Ord. 646, § 2(part))

The Board of Supervisors may fund the services provided by a county service area other than by imposing charges by complying with any applicable state laws governing the use and imposition of the revenue.

(1966 Code, § 5C-4) (Ord. 646, § 2(part))

(A) Fees imposed for services rendered by a county service area may be refunded by a county service area as set forth below:

(1) To the property owners currently residing within the county service area, based on the percentage each parcel contributed towards the fee, or based on some other equitable division as determined appropriate by the Board of Supervisors; or,

(2) To any entity acting as a successor to the county service area which is providing, or will provide in the future, some or all of the services provided by the county service area.

(B) The county service area shall conduct a public hearing on the issue of whether or not to refund county service area fees.

(C) At least ten days prior to the public hearing, the county service area shall mail notice to the record owners of each parcel within the county service area of the date, time and location of the public hearing.

(D) At the public hearing, the Board of Supervisors acting as the governing authority of the county service area (hereinafter "Board") may determine to authorize the refund and how the refund shall be distributed.

(E) The Board's decision may be announced at the close of the hearing. If the decision is not announced at the close of the hearing, the date, time, and place of the announcement of the decision shall be announced at the hearing.

(F) Funds may be disbursed as directed after the passage of 90 days from the time the Board's decision regarding the refund is announced.

(Ord. 897, § 1)