San Mateo County Municipal Code Ch. 4.44 Maintenance Districts

This ordinance shall be cited and referred to as the County of San Mateo Maintenance District Ordinance.

(Prior code § 4250; Ord. 3063, 05/06/86)

The procedures in this chapter are alternative and shall not apply to or affect any other provisions of law.

(Prior code § 4251; Ord. 3063, 05/06/86)

This ordinance is not exclusive, but the resolution of intention in any proceedings under an act or general law may provide that such act or general law is supplemented by any part or parts hereof.

(Prior code § 4252; Ord. 3063, 05/06/86)

The words "general law" or the word "act" shall mean an enactment of the Legislature of the State of California. Unless herein otherwise provided, said general law or act shall be as now or hereafter amended or codified.

In proceedings had pursuant to this Ordinance, the general laws or acts referred to herein shall be deemed a part hereof.

(Prior code § 4253; Ord. 3063, 05/06/86)

The word "owner" shall mean all Persons owning real property whose names and addresses appear as such on the last equalized assessment roll or who are known to the Clerk of the Board of Supervisors.

(Prior code § 4254; Ord. 3063, 05/06/86)

The provisions of this Ordinance shall be controlling over the provisions of any general law or act in conflict herewith in any proceedings hereunder.

(Prior code § 4255; Ord. 3063, 05/06/86)

Whenever the Board of Supervisors determines that the costs and expenses of maintaining and operating any or all public improvements of a local nature have not been adequately financed and provided for, proceedings therefor may be undertaken pursuant to this Ordinance.

(Prior code § 4256; Ord. 3063, 05/06/86)

The Board of Supervisors may, in its resolution declaring its intention to order work done or improvements made or by separate resolution, declare its intention to order that the costs and expenses of maintaining and operating any or all public improvements of a local nature, including the cost of necessary repairs, replacements, fuel, power, electrical current, care, supervision, and any and all other items necessary for the proper maintenance and operation thereof, shall be assessed, either partly or wholly, upon such district as said Board shall determine will be benefitted by the maintenance and operation of the public improvements proposed to be maintained; the amounts so assessed to be collected in the same manner and by the same officers as taxes for County purposes are collected.

(Prior code § 4257; Ord. 3063, 05/06/86)

When said Board has declared its intention pursuant to section 4.44.080 hereof, the applicable provisions of chapter 26 of part 3 of division 7 of the Streets and Highways Code of the State of California, excepting sections 5850 to 5853, inclusive, shall apply.

(Prior code § 4258; Ord. 3063, 05/06/86)

The purpose of this chapter is to provide an alternative procedure by which the Board of Supervisors may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, payable from annual benefit assessments apportioned among the several lots or parcels of property within the maintenance district established therefor, the nature and formula or formulae for which is to be determined in the proceedings in which jurisdiction is provided for the use of such alternative procedure.

(Prior code § 4259; Ord. 3063, 05/06/86)

The resolution of intention to order work done or improvements made or said separate resolution, declared pursuant to section 4.44.080, shall contain statement of the formula or formulae upon and by which annual assessment levies for the payment of said costs and expenses will be apportioned according to benefits among the several lots or parcels of property within the maintenance district and the zones of benefit, if any, to be established therefor. Said formula or formulae may prescribe a maximum rate or amount of annual benefit assessment to be levied for such purposes. Said resolution shall direct the Director of Public Works to cause to be annually prepared a budget for the costs and expenses or maintaining and operating any or all of said improvements during the ensuing fiscal year.

(Prior code § 4260; Ord. 3063, 05/06/86)

The Director of Public Works annually shall cause to be prepared a budget for the costs and expenses of maintaining and operating any or all of said improvements of a local nature during the ensuing fiscal year which shall include the following:

(1) The gross amount required for the costs and expenses of maintaining and operating said improvements;

(2) The surplus balance available at the end of the fiscal year for such purpose;

(3) The amount, if any, to be contributed by the County or from other sources to pay any part of said costs and expenses;

(4) The amount, if any, to be repaid to the County for funds advanced by it to pay deficits which occurred in prior years; and

(5) The net balance of the amount necessary to pay said costs and expenses.

(Prior code § 4261; Ord. 3063, 05/06/86)

The amount provided in section 4.44.120(5) hereof shall be raised by an annual benefit assessment on all of the lots or parcels of property within the maintenance district excepting therefrom any publicly owned lot or parcel of land.

(Prior code § 4262; Ord. 3063, 05/06/86)

In each fiscal year in which a balance is provided in the budget to be raised to pay costs and expenses pursuant to section 4.44.120(5) hereof, the Director of Public Works shall cause to be prepared a report, in writing, for each maintenance district, which shall set forth the budget, the formula or formulae for the annual assessment levy and, by properly headed columns, show the following data as to each lot or parcel of property within the maintenance district:

(a) A description of each lot or parcel of property by a legal description, assessor's parcel number or other description sufficient to identify the same;

(b) The amount of assessment to be levied against each lot or parcel of property in accordance with the formula or formulae; and

(c) Such other information as will be necessary or useful in applying the formula or formulae adopted by the Board of Supervisors.

(Prior code § 4263; Ord. 3063, 05/06/86)

When the report has been completed and signed by the Director of Public Works, it shall be filed with the Clerk of the Board of Supervisors, who shall present it to the Board of Supervisors for its consideration.

(Prior code § 4264; Ord. 3063, 05/06/86)

The report shall be considered by the Board of Supervisors whereupon said Board may approve the report as filed, or it may modify the report in any particular and approve it as modified.

(Prior code § 4265; Ord. 3063, 05/06/86)

Upon approval of the report by the Board of Supervisors pursuant to section 4.44.160 hereof, said Board shall, by resolution, appoint a time and place of hearing thereon.

(Prior code § 4266; Ord. 3063, 05/06/86)

The Clerk of the Board of Supervisors shall cause notice of the hearing on the report to be given as follows: by mailing, postage prepaid, to all owners of property subject to said assessment to pay said costs of maintenance and operation; to be published once in a newspaper of general circulation in the County; and to be posted on or near the door of the Chambers of the Board of Supervisors. Said mailing, publication and posting shall be completed not less than ten (10) days prior to such hearing.

(Prior code § 4267; Ord. 3063, 05/06/86)

The form of notice to be published and posted shall be substantially as follows:

Notice of Hearing _______ Maintenance District

NOTICE IS HEREBY GIVEN that the Director of Public Works of the County of San Mateo has caused to be prepared and filed with the Clerk of the Board of Supervisors a report, in writing, which provides the basis for the benefit assessment for the following type(s) of maintenance and operation _______ to be borne by all lots or parcels of property within the existing district, or proposed maintenance district no. _____, more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. Said report sets forth the amounts to be provided in the budget for maintenance and operation, a description of each lot or parcel of property in the maintenance district, by a legal description, assessor's parcel number or other description sufficient to identify the same, and the amount of assessment to be levied for the fiscal year 19___ -19___ against each lot or parcel of property. Said report shall be open to public inspection.

Any interested owner objecting to: (Only items with X are subject to objection at this hearing)

_____ formation of the district;

_____ boundaries of the district;

_____ fairness of the benefit formula or formulae;

_____ zones of benefit;

_____ the amount of the assessment on any lot or parcel of property owned by him/her; may file with the Clerk of the Board of Supervisors at or before the hour fixed for hearing a protest, in writing, signed by him/her, describing the lot or parcel of property so that it may be identified, and stating the grounds of his/her protests, and may appear at said hearing and be heard in regard thereto.

Said report will be heard by the Board of Supervisors at its meeting to be held on the ________ day of ________, 19___, at the hour of _____ o'clock _____.m. in the regular meeting place of said Board in the Chambers of the Board of Supervisors, 401 Marshall Street, Redwood City, California, at which time said Board will examine said report and hear protests.

Notice prior to the final establishment of the district shall indicate that the formation of the district, the boundaries of the district and of any zones of benefit, the benefit formula and the amount of assessment are subject to protest. In years thereafter, only the amount of assessment or changes in the formula or formulae are subject to protest and the notice shall so indicate.

(Prior code § 4268; Ord. 3063, 05/06/86)

The form of notice to be mailed shall be substantially as hereinabove set forth, and shall also contain a description of the lot or parcel of property covered by the notice sufficient to identify it, and the amount of the proposed assessment against said lot or parcel of property as set forth in the report.

If the Board of Supervisors adopts the report, the requirement for mailed notice shall not thereafter apply to hearings on reports prepared in subsequent years for the annual benefit assessment and notice by posting and publication as hereinafter provided shall be adequate.

(Prior code § 4269; Ord. 3063, 05/06/86)

Affidavits or certificates of publication, posting and mailing shall be made and filed with the Clerk of the Board of Supervisors.

(Prior code § 4270; Ord. 3063, 05/06/86)

Any and all protests must be in writing, signed by the protestant, contain a description of the property owned by him/her sufficient to identify the same, and state the grounds of his/her protest. All written protests shall be filed with the Clerk of the Board of Supervisors at or before the time fixed for hearing who shall endorse on each protest the date of its receipt, and at the time appointed for the hearing shall present to the Board of Supervisors all such protests. All protests not made within the time and in the manner herein provided shall be deemed to be waived voluntarily by any Person who might have made such protest and such Person shall be deemed to have consented to any act, determination, or proceedings on which protest could have been made.

(Prior code § 4271; Ord. 3063, 05/06/86)

In connection with the hearing provided for the establishment of the maintenance district, owners may protest as provided in section 4.44.220 with regard to the establishment of the district, the boundaries thereof, the zones of benefit, the fairness of said benefit formula or formulae and the amount of the assessments. After a maintenance district has been established and finally determined, annual hearings will be limited to protests of the amounts of the assessment or any change in the formula or formulae. The Board of Supervisors may take and receive oral and documentary evidence pertaining to the matters contained in the report.

(Prior code § 4272; Ord. 3063, 05/06/86)

At said hearing, the Board of Supervisors of its own volition or in response to any protests made, heard or considered, may make modifications in the formula or formulae for the purpose of making the same more fair and equitable; provided, however, that before making a final determination in said matter of modification it shall set said matter for hearing at a subsequent meeting of said Board, which it shall call or to which it may adjourn; provided, further, that it shall give notice of the time, place and purpose of said meeting, by one publication in the newspaper in which the original resolution of intention or notice of improvement or notice of hearing on the formation of the maintenance district or notice of hearing on the proposed annexation was published, at least ten (10) days prior to said hearing. If the formula or formulae modification consists solely of a decrease in such maximum rate or amount of annual benefit assessment, said Board may order such decrease by resolution and no hearing need be held thereon.

(Prior code § 4273; Ord. 3063, 05/06/86)

If the Board of Supervisors finds that protests against the payment of costs of maintenance and operation are made by the owners of more than one-half (½) of the area of the property in the proposed maintenance district, no further proceedings shall be taken for a period of six months from the date of the decision of said Board on the hearing, unless the protests are overruled by an affirmative vote of four-fifths of the members thereof. The Board of Supervisors may adjourn the hearing from time to time.

(Prior code § 4274; Ord. 3063, 05/06/86)

At the initial hearing or at a subsequent hearing as herein provided or at any meeting to which either shall have been adjourned, or at any meeting of the Board of Supervisors subsequent to the full hearing of said matter, said Board, by resolution, may finally adopt the district, a formula or formulae for the apportionment of benefits in said annual assessment levies, the budget and the amount of assessment and the assessment. Annually thereafter, at the hearing or at any subsequent hearing as herein provided or at any meeting of said Board subsequent to the full hearing of said matter, said Board shall adopt a budget and the amount of assessment.

(Prior code § 4275; Ord. 3063, 05/06/86)

If, at any time following the final establishment of the formula or formulae for said annual assessment levies, the Board of Supervisors shall determine that, by reason of changed conditions or because of defects or insufficiencies therein disclosed by its application, the established formula or formulae is, in any particular, inequitable or unfair, or may be made more equitable and fair, said Board may, by resolution, so declare, stating the reasons therefor, and fix a time and place of hearing thereon.

(Prior code § 4276; Ord. 3063, 05/06/86)

The Clerk of the Board of Supervisors shall cause a copy of the resolution adopted by the Board of Supervisors as provided in section 4.44.270 hereof to be published once in the newspaper in which the resolution of intention or notice of improvement or notice of hearing on the formation of the maintenance district or notice of hearing on the proposed annexation in said proceedings was published; to be mailed, postage prepaid, to all owners of property in said maintenance district subject to benefit assessment to pay said costs of maintenance and operation; and to be posted on or near the door of the Chambers of said Board. Said publication, mailing and posting shall be completed not less than ten (10) days prior to such hearing.

(Prior code § 4277; Ord. 3063, 05/06/86)

At the hearing provided for in section 4.44.270 hereof, protests may be filed, heard and acted upon in the manner and with like effect provided in sections 4.44.220, 4.44.230, 4.44.240, 4.44.250 and 4.44.260 hereof.

(Prior code § 4278; Ord. 3063, 05/06/86)

All decisions and determinations of the Board of Supervisors, on notice and hearing as aforesaid, shall be final and conclusive upon all Persons entitled to appeal to it, as to all errors, informalities and irregularities which said Board might have avoided, or have remedied during the hearing on the report.

(Prior code § 4279; Ord. 3063, 05/06/86)

The report, together with the certificate of the Clerk of the Board of Supervisors as to the fact and date of approval and adoption thereof by the Board of Supervisors as provided in section 4.44.260 hereof shall forthwith be delivered to the County Controller of the County who shall thereafter deliver said report, as adopted, to the officer designated by law to extend ad valorem property taxes upon the tax roll on which they are collected.

(Prior code § 4280; Ord. 3063, 05/06/86)

The officer designated by law to extend ad valorem property taxes upon the tax roll on which they are collected shall post to said tax roll the total amount of the benefit assessment levied and to be collected for said year on each lot or parcel of property within the maintenance district as set forth in said report. The amount so posted shall appear as a separate item on the tax bill.

(Prior code § 4281; Ord. 3063, 05/06/86)

The special benefit assessments shall be collected upon the last secured tax roll upon which said ad valorem property taxes are collected. They shall be in addition to all of said ad valorem property taxes, and shall be collected together with, and not separate therefrom and enforced in the same manner and by the same Persons and at the same time and with the same penalties and interest as are said ad valorem property taxes. All laws applicable to the collection and enforcement of said ad valorem property taxes shall be applicable to said special benefit assessment levy, and the assessed lot or parcel of property, if sold for taxes, shall be subject to redemption in the same manner as such real property is redeemed from the sale for ad valorem property taxes and if not redeemed, shall in like manner pass to the purchaser.

(Prior code § 4282; Ord. 3063, 05/06/86)

If any property within the maintenance district is erroneously omitted in any such report, said property shall be assessed for the omitted amount in the next year after said omission is discovered, and appropriate provisions shall be made in the report for said year.

(Prior code § 4283; Ord. 3063, 05/06/86)

The procedures relating to the formation of a maintenance district or the annexation to an existing maintenance district and the alternative method for the levy of the annual benefit assessment hereunder may be consolidated for hearing purposes.

(Prior code § 4284; Ord. 3063, 05/06/86)

The provisions of sections 4.44.100 through 4.44.350 shall be applicable to maintenance districts formed before the effective date hereof, irrespective of the law pursuant to which said maintenance districts were formed, if all of the owners of all of the lots or parcels of property subject to benefit assessment to pay said costs of maintenance and operation request, in writing, that the alternative method for the levy of the benefit assessment as provided in chapter 4.44 hereof shall apply.

(Prior code § 4285; Ord. 3063, 05/06/86)

Alternatively, the Board of Supervisors may, by separate resolution, declare its intention to order that the method for the levy of the benefit assessment as herein provided be made applicable to a maintenance district formed prior to the effective date hereof.

(Prior code § 4286; Ord. 3063, 05/06/86)

The resolution of intention to apply the alternative method for the levy of the benefit assessment as provided in sections 4.44.100 through 4.44.350 hereof, declared pursuant to section 4.44.370, shall contain a statement of the formula or formulae upon and by which annual assessment levies for the payment of said costs and expenses will be apportioned according to benefits among the several lots or parcels of property within said maintenance district and the zones and benefits, if any. Said formula or formulae may prescribe a maximum rate of amount of annual benefit assessment to be levied for such purposes. Said resolution shall direct the Director of Public Works annually to cause to be prepared a budget and report in accordance with section 4.44.120, section 4.44.130 and section 4.44.140 hereof, which report shall be signed by him, filed with the Clerk of the Board of Supervisors, presented to the Board of Supervisors and approved by said Board in accordance with sections 4.44.150 and 4.44.160 hereof.

(Prior code § 4287; Ord. 3063, 05/06/86)

Upon approval of the report by the Board of Supervisors pursuant to section 4.44.380 hereof, said Board shall, by resolution, appoint a time and place of hearing thereon and the Clerk of the Board of Supervisors shall cause notice of the hearing on said report to be given in the time, form and manner provided in section 4.44.180 hereof.

(Prior code § 4288; Ord. 3063, 05/06/86)

The form of notice to be published and posted shall be substantially as follows:

Notice of Hearing on _______ Maintenance District

NOTICE IS HEREBY GIVEN that the Director of Public Works has caused to be prepared and filed with the Clerk of the Board of Supervisors a report, in writing, which provides the basis for the benefit assessment for the following type(s) of maintenance and operation _______ to be borne by all lots or parcels of property within the existing district or proposed maintenance district no. _____, more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. Said report sets forth the amounts to be provided in the budget for maintenance and operation, a description of each lot or parcel of property in the maintenance district, by a description sufficient to identify the same, and the amount of assessment to be levied for the fiscal year 19___ -19___ against each lot or parcel of property. Said report shall be open to public inspection.

Any interested owner objecting to: (Only items with X are subject to objection at this hearing)

_____ use of the alternative method of benefit assessment;

_____ zones of benefit;

_____ fairness of benefit formula or formulae;

_____ the amount of the assessment on any lot or parcel of property owned by him/her;

may file with the Clerk of the Board of Supervisors at or before the hour fixed for hearing a protest, in writing, signed by him/her, describing the lot or parcel of property so that it may be identified, and stating the grounds of his/her protest, and may appear at said hearing and be heard in regard thereto.

Said report will be heard by the Board of Supervisors at its meeting to be held on the ________ day of ________, 19___, at the hour of _____ o'clock, _____.m., in the regular meeting place of said Board in the Chambers of the Board of Supervisors, 401 Marshall Street, Redwood City, California, at which time said Board will examine said report and hear protests.

(Prior code § 4289; Ord. 3063, 05/06/86)

The form of notice to be mailed shall be substantially as hereinabove set forth, but shall also contain a description of the lot or parcel of property covered by the notice sufficient to identify it, and the amount of the proposed assessment against said lot or parcel of property as set forth in the report.

(Prior code § 4290; Ord. 3063, 05/06/86)

Affidavits or certificates of publication, posting and mailing shall be made and filed with the Clerk of the Board of Supervisors.

(Prior code § 4291; Ord. 3063, 05/06/86)

Owners may protest or object in the manner, at the time, and with the same force and effect as provided in section 4.44.220 hereof with regard to use of the alternative method for the levy of the benefit assessment as provided in sections 4.44.100 through 4.44.350 hereof as well as the fairness of the formula or formulae and the amount of the assessment. The Board of Supervisors may take and receive oral and documentary evidence pertaining to the matters contained in the report.

(Prior code § 4292; Ord. 3063, 05/06/86)

If the Board of Supervisors finds that protests thereto are made by the owners of more than one-half (½) of the area of the property in said maintenance district to the use of the alternative method, no further proceedings shall be taken for a period of six months from the date of the decision of said Board on the hearing, unless the protests are overruled by an affirmative vote of four-fifths of the members thereof. The Board of Supervisors may adjourn the hearing from time to time.

(Prior code § 4293; Ord. 3063, 05/06/86)

Subsequent to the final hearing of said matter, the Board of Supervisors, by resolution, may finally adopt the alternative method of benefit assessment, a formula or formulae for the apportionment of benefits in said annual assessment levies, the budget and the amount of assessment and the assessment.

(Prior code § 4294; Ord. 3063, 05/06/86)

The procedures under sections 4.44.100 through 4.44.350 hereof relating to the alternative method for the levy of benefit assessment apply equally to sections 4.44.360 through 4.44.460 except as to matters specifically otherwise provided for herein.

(Prior code § 4295; Ord. 3063, 05/06/86)

It is hereby declared to be the intention of the Board of Supervisors that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.

(Prior code § 4296; Ord. 3063, 05/06/86)