Tehama Municipal Code Ch. 9.13 Tehama County Fire Benefit Zone One

This chapter and the fire suppression assessment levied herein is adopted pursuant to Article 3.6 (commencing with Section 50078) of Chapter 1 of Division 1 of Title 5 of the Government Code.

(Ord. 1653 (part), 1996)

For purposes of this chapter, the following terms are defined as follows:

A. "Assessment" shall mean the fire suppression assessment authorized by, and imposed pursuant to, this chapter.

B. "Parcel of real property" shall mean a separate parcel of real property having a separate assessor's parcel number as shown on the local secured tax rolls of the county or an assessment of a structural property on the unsecured tax rolls of the county.

C. "Residential parcel" shall mean a parcel of real property upon which, according to the latest equalized county assessment roll, a single-family residential improvement is located.

D. "Apartment parcel" shall mean a parcel of real property upon which, according to the latest equalized county assessment roll, multiple dwelling units are located. For the purpose of this subsection, a multiple-family dwelling unit shall mean any structure designed to house two or more families living independently of each other and may consist of one building or a series of detached dwelling units.

E. "Commercial parcel" shall mean a parcel of real property which, according to the latest equalized county assessment roll, is classified for business providing sales and/or services including any retail and/or wholesale operations.

F. "Industrial parcel" shall mean a parcel of real property which, according to the latest equalized county assessment roll, is classified for the manufacturing of goods, the processing of raw materials and/or the warehousing by the manufacturer of finished goods and raw materials.

(Ord. 1653 (part), 1996)

The purpose of this assessment is for obtaining, furnishing, operating, and maintaining fire suppression facilities, equipment, apparatus, and for paying the salaries and benefits of firefighting personnel, whether or not fire suppression services are actually used by or upon a parcel, improvement or property.

(Ord. 1653 (part), 1996)

The benefit zone shall consist of the following legally described real property and any further subdivision thereof:

Lots 1, 2 and 3, as depicted in Tract Map No. 85-1008 Rolling Hills subdivision, Unit 1, recorded in Book W of Maps at page 200;

Lots 4 through 19, inclusive, as depicted in Tract Map 85-1008, Rolling Hills subdivision, Unit 2, recorded in Book X of Maps at page 16;

Parcel C of parcel map No. 77-283, filed April 21, 1978 in Book 5 of Parcel Maps at page 12, Tehama County Records. Said parcel map being a portion of Sections 30 and 31, Township 28 North, Range 3 West, Mount Diablo Meridian according to the official plat thereof;

All that portion of Section 36, Township 28 North, Range 4 West, Mount Diablo Meridian lying easterly of the east line of Interstate 5; and

Those lands identified as remaining lands (Unit 3) as depicted on Tract Map 85-1008 filed June 25, 1992 at Book X of Maps at page 14, recorded in the Tehama County clerk and recorder's office.

All that real property situated in Sections 23, 24, 25, 26, 35 & 36, Township 29 North, Range 4 West, Mount Diablo Meridian, located in Tehama County, California described as follows:

Lots 1 through 88 of Tract Map No. 01-1001, Sunset Hills, as approved by the Tehama County board of supervisors on May 17, 2005 and thereafter filed in the office of the Tehama County clerk-recorder.

(Ord. 1841 § 2, 2005)

The funds available to obtain, furnish, operate, and maintain fire suppression facilities, equipment, apparatus, and for paying the salaries and benefits of firefighting personnel associated with this area of benefit have been determined to be inadequate to meet needs.

(Ord. 1653 (part), 1996)

Funds collected from the assessment authorized by this chapter shall be used only to pay the fair share portion of obtaining, furnishing, operating, and maintaining fire suppression facilities, equipment, apparatus, and for paying the salaries and benefits of firefighting personnel. Fair share portion shall be determined through a report to the board of supervisors each fiscal year by the fire department prior to setting of rates for the next fiscal year. Any unexpended funds raised by the assessment remaining at the end of the fiscal year shall be carried over for the same purpose during the next fiscal year.

(Ord. 1653 (part), 1996)

The assessment shall be based upon the actual benefits to the property assessed. Costs shall be based upon services as outlined in the Tehama County fire department "master plan" and/or specifically reported in the annual fiscal year assessment report to the board of supervisors. Assessments shall be assessed as follows:

"Residential parcel" shall be one benefit unit per residence.

"Apartment parcel" shall be one benefit unit per dwelling unit.

"Commercial parcel" shall be one benefit unit per two thousand square feet.

"Industrial parcel" shall be two benefit units per two thousand square feet.

The total cost of services provided by the fire department shall be divided by the total number of benefit units for the "zone of benefit." This will provide a per benefit unit cost to be assessed. Costs of specialized equipment for commercial or industrial fire protection shall be allocated only to commercial and industrial parcels according to their benefit units.

(Ord. 1653 (part), 1996)

The following uniform rates, related to the benefits to the property, and based upon the use of the property and the risk of fire for such use, shall be effective beginning with fiscal year 1995-96.

(Ord. 1653 (part), 1996)

This assessment imposed pursuant to this chapter and fixed herein may be adjusted on July 1st of each fiscal year, beginning with July 1, 1997. Upon receipt of a report from the Tehama County fire department outlining services provided to this "zone of benefit" and their costs, the board of supervisors may by resolution or ordinance, adjust the assessment imposed by this chapter to reflect such costs of service.

(Ord. 1653 (part), 1996)

The assessment adopted herein shall be collected beginning with the 1995-96 fiscal year in the same manner, and subject to the same penalties, as other fees, charges, and taxes fixed and collected by the county.

(Ord. 1653 (part), 1996)

On order of the Tehama County board of supervisors, the assessment shall be corrected on any particular parcel of real property. A copy of the board of supervisor's minutes shall be delivered to the county auditor and to the county tax collector for this purpose.

(Ord. 1653 (part), 1996)