Tehama County Municipal Code Ch. 4.36 Lighting District Assessments

The purpose of this chapter is to establish a procedure for the levy of assessments and collection thereof so as to provide for the funds necessary to conduct and maintain the Los Molinos Lighting District, to the extent that such funds are not available from other sources of revenue pursuant to California Streets and Highways Code Section 19180 et seq. The yearly assessments established hereunder shall be levied to pay in whole or in part the cost of conducting and maintaining said lighting district for the ensuing fiscal year.

(Ord. 1080 §1, 1980)

A. This chapter shall be applicable only to the Los Molinos Lighting District.

B. Except as may be otherwise provided herein, all parcels of real property within the boundaries of the Los Molinos Lighting District shall be subject to a charge for conducting and maintaining the lighting district. Charges established hereunder shall be computed on the basis of benefit conferred to each parcel, without regard to the assessed value of such parcel.

(Ord. 1080 §2, 1980)

Each year, in conjunction with the hearings and proceedings for the adoption of the county budget, if practicable, and on or before September 1st, in any event, the board of supervisors shall make its estimate of the cost, not otherwise offset by other revenue, of conducting and maintaining the Los Molinos Lighting District for the ensuing fiscal year pursuant to the provisions of California Streets and Highways Code Section 19180.

(Ord. 1080 §3(a), 1980)

A. Thereafter, the board of supervisors shall cause a written report to be prepared by such person or persons as the board shall designate containing a description of each parcel within the Los Molinos Lighting District and the amount of the proposed assessment for each such parcel based upon the estimated benefit to each parcel sufficient to raise the amount of the estimate of cost.

B. The report will be filed with the clerk of the board of supervisors, who shall fix a time, date and place for a hearing upon the report.

C. Prior to the date of the hearing a notice of the hearing shall be published pursuant to Section 6066 of the Government Code and, in addition, at least three notices shall be posted in public places within the district.

(Ord. 1080 §3(b), 1980)

A. At the hearing, the board of supervisors shall hear and consider all protests. At the conclusion of the hearing the board of supervisors may adopt, revise, change, reduce or modify any assessment proposed by the report and shall make its determination upon each assessment described in the report.

B. Thereafter, by ordinance, the board of supervisors shall confirm the assessments so determined, except that the board of supervisors shall not impose an assessment upon a federal or state governmental agency or the local agency.

(Ord. 1080 §3(c), 1980)

A. The assessments as determined and levied pursuant to this chapter, except as otherwise provided herein, shall be set forth separately on the bill for taxes levied against the respective parcels of land, and collected at the same time, in the same manner and by the same persons as the general taxes for the county; and shall become delinquent at the same time and be thereafter subject to the same delinquency penalties.

B. When collected such assessments shall be placed in the County Treasury to the credit of the Los Molinos Lighting District.

C. All laws applicable to the levy, collection and enforcement of county ad valorem property tax, and the duties of the several county officers charged with duties thereunder with respect to levying and collecting county taxes, not otherwise inconsistent with the Highway Lighting District Act or this chapter, shall be applicable to the levy, collection and enforcement of assessments for service established hereunder.

D. Notwithstanding the provisions of subsections A through C of this section, the assessments for the fiscal year 19801981 may be set forth in a separately prepared tax bill which may be prepared and mailed separately from the usual tax bill.

(Ord. 1080 §4, 1980)

A. Notwithstanding the provisions of Section 4.36.060, no assessment established hereunder shall result in a lien against any parcel of real property if the parcel of real property to which such assessment relates has been transferred or conveyed to a bona fide purchaser for value or if a lien of a bona fide encumbrance for value has been created and attached to such real property prior to the date on which the first installment of the assessment would become delinquent.

B. Such assessment shall instead be transferred to the unsecured roll for collection; and the laws applicable to the collection and enforcement of county unsecured tax, not inconsistent with the Highway Lighting District Act or this chapter, shall be applicable to the collection and enforcement of assessments governed by this section.

(Ord. 1080 §5, 1980)