San Joaquin County Municipal Code Ch. 3 Service Charges and Special Assessments

I. SERVICE CHARGES.

A. County Service Areas. The Board of Supervisors may fix and collect charges for services rendered by county service areas to pay, in whole or in part, for the cost of said services, pursuant to the provisions of the County Service Area Law (commencing with Section 25210.1 of the Government Code). The revenue obtained thereby may be in lieu of, or supplemental to, revenue obtained by the levy of taxes. The charges may, or may not, vary by reason of the nature of the use or amount in which the services rendered correspond to the cost and value of the services. The charges may be determined by apportioning the total cost, not otherwise offset by the other available revenue of the extended service to each parcel therein in proportion to the estimated benefits form such service to be received by each parcel.

Whenever a property owned by a Federal, State or local agency is included within a county service area, the property will be subject to the charges authorized to the extent that the property will benefit from a particular extended service.

Whenever a railroad, gas water or electric utility right-of-way or electric line right-of-way is included within a county service area, or zone thereof, the aforementioned 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 a particular extended service.

B. County Maintenance Districts. The Board of Supervisors may fix and collect service charges for services, other than lighting, provided by county maintenance districts to pay, in whole or in part, the cost of maintaining and operating the improvements within such maintenance districts pursuant to the provisions of the Improvement Act of 1911 (commencing with Section 5820 of the Streets and Highways Code). The revenue obtained thereby may be in lieu of, or supplemental to, revenue obtained by the levy of taxes. The charges may, or may not, vary by reason of the nature of the use or amount in which the services rendered correspond to the cost and value of such services. The charges may be determined by apportioning the total cost, not otherwise offset by the available revenue, of the service to each parcel therein in proportion to the estimated benefits form such service to be received by each parcel.

C. Mandatory Residential Solid Waste Collection. Solid waste collection and other related charges for services provided by agreement between the County and the franchised solid waste collectors to residents within mandatory residential solid waste collection areas that remain unpaid for a period of sixty (60) days or more shall be levied on the respective parcels, pursuant to Section 25827 of the Government Code. An administrative fee will be added to the levy for delinquent mandatory residential solid waste collection charges. The administrative fee will be twenty percent (20%) of the delinquent amount, or twenty dollars ($20.00) per delinquent habitation unit, whichever is greater. Revenues received from such levies shall be deposited into the San Joaquin County Solid Waste Enterprise Fund.

II. SPECIAL ASSESSMENTS.

A. County Maintenance Districts. The Board of Supervisors may, for lighting purposes, levy an assessment on each parcel of real property within a county maintenance district on the basis of the estimated benefit to the parcel, sufficient to raise an amount of money to cover the expense of maintaining the improvement during the ensuing year pursuant to the provisions of the Improvement Act of 1911 (commencing with Section 5820 of the Streets and Highways Code).

B. Highway Lighting Districts. The Board of Supervisors may levy and collect special assessments for services provided by highway lighting districts to pay, in whole or in part, the cost of conducting and maintaining the district pursuant to the provisions of the Highway Lighting District Act (commencing with Section 19000 of the Streets and Highways Code). The revenue obtained thereby may be in lieu of, or supplemental to, revenue obtained by the levy of taxes.

The Board of Supervisors shall levy the special assessments on each parcel of real property within the highway lighting district on the basis of the estimated benefit to the parcel, sufficient to raise an amount of money to carry out the purposes of the highway lighting district.

Whenever a property owned by a Federal, State or local agency is included within a highway lighting district, the property shall be subject to a special assessment to the extent that it is found that it shall benefit from the installation and maintenance of such lights within the highway lighting districts, said right-of-way line shall be subject to the special assessment only if, and to the extent that, it is found that it will benefit from the installation and maintenance of such lights and said right-of-way shall be subject to the same penalties, and the same procedure and sale, in the event of delinquency as other parcels in the district. In determining whether or not the railroad, gas, water or electric utility right-of-way or electric line right-of-way benefits, its use as a right-of-way for a railroad, gas, water or electric utility shall be presumed to be permanent.

(Ord. 2690; 3782; Ord. 3977 § 17, 1998; Ord. 3994 §§ 2, 3, 1998)

Charges and assessments fixed pursuant to this chapter may be collected on the tax roll in the same manner and at the same time as general ad valorem property taxes are collected.

(Ord. 2690)

The Board of Supervisors directs that once a year a written report is to be prepared for each service area or special district for which charges for special assessments will be imposed and collected on the tax roll. The report shall be prepared by the department or division responsible for the service area or special district. The report shall contain a description of each parcel of real property receiving services in the amount of the charges for each parcel for the year computed. Each report shall be submitted to the County Administrator's Office which will act as coordinator for receiving the reports and assuring that they are filed with the Clerk of the Board of Supervisors.

(Ord. 2690; 3511)

Upon filing of the report, the Clerk shall fix a time, date and place for the hearing thereon and for filing objections or protests thereto. The Clerk will publish notice of such hearing as provided in Section 6066 of the Government Code in a newspaper of general circulation printed or published in the County. In addition, in the case of a County maintenance district or a highway lighting district, at least three (3) notices shall be posted in public places within the district. Hearings pertaining to one (1) or more service areas and one (1) or more special districts may be set at the same time and place. With respect to delinquent mandatory residential solid waste collection charges, the Department of Public Works, prior to finalizing and submitting a report of delinquent mandatory solid waste collection charges to the Board of Supervisors for assessment on respective parcels, pursuant to Section 5-3300, shall conduct a public hearing concerning the report of delinquent mandatory solid waste collection charges and mail notices of the hearing to the effected property owners not less than ten (10) days prior to the date of the hearing. Affected property owners may appeal a Department of Public Works decision to place their property on the report of delinquent mandatory solid waste collection charges directly to the Board of Supervisors.

(Ord. 2690, 3782; Ord. 3977 § 18, 1998)

At the time, date and place stated in the notice, the Board of Supervisors shall hear and consider all objections or protests, if any, to the report and 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 or assessment and shall make its determination upon each charge or assessment as described in the report and shall by ordinance confirm the report.

(Ord. 2690)

If the charges or assessments set forth in the report, as confirmed, are to be collected on the tax roll, they shall appear as a separate item on the tax bill.

(Ord. 2690)

The charges and assessments may be collected at the same time and in 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 ad valorem property taxes. All laws applicable to the levy, collection and enforcement of County ad valorem property taxes shall be applicable to such charges except:

(1) Limitations upon the amount of taxes which can be collected; and

(2) If the property to which such charge or assessment 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 attached hereon, prior to the date on which the first installment of such taxes would become delinquent, then the charge or assessment confirmed pursuant to this section shall not result in a lien against such real property but instead shall be transferred to the unsecured roll for collection.

The method of collecting charges, as in this section provided, shall be available as an alternative to any other method of collection available and need not be utilized unless the Board of Supervisors in its discretion elects to use such method.

(Ord. 2690)

The provisions of this chapter shall be deemed to be applicable to all special districts and county service areas governed by the Board of Supervisors including special districts and county service areas created after the effective date of the ordinance by which this chapter was enacted into law.

(Ord. 2690)

The provisions of Division 6 of Title 5 of this code shall control service charges for sanitary sewer services within special districts and county service areas.

(Ord. 2690; Ord. 3994 § 4, 1998)