Chapter 14.15 — ALTERNATIVE PROCEDURES FOR MAINTENANCE DISTRICTS

A.

The purpose of this chapter is to establish an alternative procedure for forming maintenance districts that provide a special benefit to properties within the maintenance district formed.

B.

Funding may be from any source available to the city, including special assessments upon the properties within the maintenance district. Maintenance costs assessed to the properties shall be in proportion to the benefits received.

(Ord. 24808.)

This chapter is a complete alternative to other provisions of this Code and to the general laws of the state of California. 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 stated in this chapter.

(Ord. 24808.)

This chapter shall be construed liberally to effectuate its purpose. All findings and decisions made by the city council pursuant to this chapter shall be final.

(Ord. 24808.)

Procedures for the formation of a maintenance district pursuant to this chapter may be consolidated with procedures for the construction or acquisition of improvements pursuant to any other provision of this Code or pursuant to any law of the state of California, including the Municipal Improvement Act of 1913, the Landscaping and Lighting Act of 1972, the First and Second Alternative Public Improvement Procedures Act or any other state act of a similar nature under the California Streets and Highways Code or this Code.

(Ord. 24808.)

Part 2 - DEFINITIONS

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ords. 24808, 25352, 25353.)

"Annual aggregate assessment" means the amount required to be levied upon the properties in the maintenance district in order to pay costs for the ensuing year.

(Ords. 24808, 25352, 25353.)

"Annual budget report" means the document prepared annually to provide for annual aggregate assessments which do not exceed the maximum annual assessments, and proposes no changes requiring public notice and hearing.

(Ords. 24808, 25352, 25353.)

"Annual adjustment" means the maximum inflation adjustment that may be made to the base assessment, in a single fiscal year, without additional notice and hearing pursuant to Part 4 of this chapter. The annual adjustment may be based on any cost adjustment index approved by the property owners upon initial approval of the assessment, or any subsequent approval as provided in Part 4 of this chapter.

(Ords. 25352, 25353.)

"Base assessment" means the amount of the assessment levied upon each property calculated to cover the costs of providing the initial full year of maintenance and operation services for the fully constructed improvement.

(Ords. 25352, 25353.)

"Costs" or "expenses" means the cost of maintenance and operation of an improvement, including without limitation, direct costs, including reserves for contingencies and major periodic repairs, and all associated and incidental costs such as supervisory, administrative, engineering and legal services, and costs of assessment collection and enforcement performed by any agency or person on behalf of the city.

(Ords. 24808, 25352, 25353.)

"Director" means the director of public works.

(Ords. 24808, 25352, 25353.)

"Engineer's report" means the document describing the maintenance district, the maintenance, the budget and the maximum annual assessments therefor as more fully described in Section 14.15.320.

(Ords. 24808, 25352, 25353.)

"Exempt owner" means the owner of land, within a maintenance district or proposed maintenance district as shown on the last equalized assessment roll for taxes of the county or the state board of equalization's roll, that receives no special benefit from the maintenance and operation of the improvement and therefore is excluded from assessment by state law and the engineer's report.

(Ords. 24808, 25352, 25353.)

"Improvement" means any public capital improvement of a local nature, including without limitation any improvement described in the Improvement Act of 1911 or the Municipal Improvement Act of 1913 of the state of California or pursuant to the First and Second Alternative Improvement Procedures Act or any other act of similar nature in this Code or pursuant to state law.

(Ords. 24808, 25352, 25353.)

"Maintenance" means the operation of an improvement including the servicing, repair, replacement or construction of additional facilities as may be appropriate to continue safe and proper operation. Maintenance includes, without limitation, the furnishing of power, water, other utilities, equipment and supplies as may be required. Maintenance may also include direct and indirect city administrative and inspection costs, assessment collection expenses and periodic patrols or surveillance by security personnel to protect the improvement and insure safe and proper operation.

(Ords. 24808, 25352, 25353.)

"Maintenance district" means a district formed pursuant to this chapter to provide funding for the maintenance of public improvements that provide a special benefit to the properties assessed.

(Ords. 24808, 25352, 25353.)

"Maximum annual assessment" means, in any fiscal year, the base assessment plus the cumulative annual adjustment as specified in the engineer's report and approved pursuant to Part 3 of this chapter.

(Ords. 24808, 25352, 25353.)

"Owner" means the record owner of land proposed to be assessed within a maintenance district as shown on the last equalized assessment roll for taxes of the county.

(Ords. 24808, 25352, 25353.)