Vallejo Municipal Code Ch. 14.30 Landscape and Lighting District Procedure

The purpose and intent of this chapter is to establish a method whereby streets, bike paths, trails, medians, soundwalls, street signs, parks, park administration facilities, neighborhood or community centers, open space, drainage facilities, landscaping, statuary, fountains, ornamental structures, libraries, appurtenant facilities to the above, public lighting systems, and facilities appurtenant to public lighting systems may be constructed, installed or maintained and whereby the costs thereof may be assessed to property adjacent to or in the vicinity of such systems or facilities when it is receiving special benefit therefrom; to establish a method whereby the provision of police, fire protection, library and other public services may be assessed to property benefiting therefrom; and to establish a procedure whereby those assessments may be collected.

(Ord. 1306 N.C.(2d) § 1 (part), 1994: Ord. 1163 N.C.(2d) § 1, 1994.)

Any proceedings taken or assessment levied pursuant to this chapter shall not be held invalid for failure to comply with the provisions of this chapter provided such failure is not a constitutional defect.

(Ord. 1163 N.C.(2d) § 1 (part), 1991.)

Any procedure not expressly set forth in this chapter but deemed necessary or convenient to carry out any of its purposes is authorized.

(Ord. 1163 N.C.(2d) § 1 (part), 1991.)

The remedies provided in this chapter for the enforcement of any assessment levied pursuant to this chapter are not exclusive, and additional remedies may be provided at any time.

(Ord. 1163 N.C.(2d) § 1 (part), 1991.)

Proceedings under this chapter may be abandoned at any time prior to the confirmation of the assessments.

(Ord. 1163 N.C.(2d) § 1 (part), 1991.)

This chapter does not affect other law relating to the same or any similar subject, but provides an alternative authority and procedure for the subject to which it relates. When proceeding under this chapter, its provisions only need be followed.

(Ord. 1163 N.C.(2d) § 1 (part), 1991.)

This chapter is to be liberally construed.

(Ord. 1163 N.C. (2d) § 1 (part), 1991.)

The Landscaping and Lighting Act of 1972 (Part 2, commencing with Section 22500, of Division 15 of the California Streets and Highways Code), as amended from time to time, is incorporated in and made a part of this chapter. Except as otherwise provided by this chapter, the mode and manner for making improvements and for levying and collecting assessments shall be as prescribed in the Landscaping and Lighting Act of 1972. This section, however, shall not be construed: to incorporate Sections 22525.5, 22626, 22630.5, or 22631 of the Streets and Highways Code. Additionally, notwithstanding Section 22641 of that Code, the original diagram remaining on file with the city clerk may constitute the diagram for filing purposes in subsequent years; and the assessment may be filed in any form, such as computerized records, agreeable to the city clerk and county auditor, that may be readily reproduced.

(Ord. 1306 N.C.(2d) § 2, 1994: Ord. 1163 N.C.(2d) § 1 (part), 1991.)

The boundaries of any district created pursuant to this chapter may be altered from time to time in the manner provided in the Landscaping and Lighting Act of 1972 or as otherwise may be provided by the council in the resolution initiating proceedings for any such alteration.

(Ord. 1163 N.C.(2d) § 1 (part), 1991.)

A. For all purposes under this chapter, the term "improvement" shall include: (1) all items listed in Section 22525 of the Landscaping and Lighting Act of 1972 and also installation, construction, maintenance or servicing of any (2) public or private street, highway, road, alley, lane, boulevard, pedestrian mall, parkway, bike path, trail, or other way dedicated or used for public use and all appurtenances including but not limited to medians, soundwalls and street signs; (3) park or recreation administrative or neighborhood community center facilities; (4) drains, tunnels, sewers, conduits, culverts, and channels for drainage purposes with necessary outlets, manholes catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains conduits, channels, and appurtenances; (5) the maintenance activities set forth in Section 14.04.225 of this code; (6) the provision of fire protection services; (7) the provision of public safety services, including police, emergency rescue and paramedic services; (8) fire protection, public safety, and library administration or public facilities, and all appurtenant improvements to such facilities; (9) the provision of library services; and, (10) any facilities or other items set forth at Government Code section 53313.5, as amended from time to time.

B. For all purposes under this chapter, the term "incidental expenses" shall include all items listed in Section 22526 of the Landscaping and Lighting Act of 1972 and also all costs and expenses incurred in connection with the administration of a district created pursuant to this chapter or with the enforcement of the duty of a property owner pursuant to this code to maintain or repair any improvement, including but not limited to compensation of any attorney and/or consultant employed to render services in connection with such district or such enforcement proceedings.

(Ord. 1306 (2d) § 3, 1994: Ord. 1185 N.C.(2d) § 1, 1991: Ord. 1163 N.C.(2d) § 1 (part), 1991.)

The city may, by resolution, determine that the estimated cost of any of the improvements authorized pursuant to this chapter is greater than can be conveniently raised from the single assessment and order that the estimated cost shall be raised by an assessment levied and collected in installments over such period of time as may be set forth in that resolution.

(Ord. 1163 N.C.(2d) § 1 (part), 1991.)

The annual assessment shall be restricted to taxable real property in the district, except as expressly provided in the resolution of intention. Any assessment formula may include a component based on the value of the properties assessed, measured by any constitutionally acceptable method. The council may provide, in the resolution of intention, for relief from current assessment payments by senior citizens, persons and families of low-income or other classes of persons reasonably entitled, in the judgment of the council, to such relief, by deferred payment until such time as the property is sold to persons not within the protected class, or otherwise.

(Ord. 1163 N.C.(2d) § 1 (part), 1991.)

The validity of any initial assessment levied under this chapter shall not be contested in any action or proceedings, unless the action or proceeding is commenced within thirty days after the assessment is levied. The validity of any assessment levied after the initial assessment may be contested only for the purpose of challenging the accuracy of computation of the component elements of the assessment formula or the validity of any change in the assessment formula made pursuant to Section 14.30.140. Any appeal from a final judgment in the action or proceeding shall be perfected within thirty days after the entry of judgment.

(Ord. 1163 N.C.(2d) § 1 (part), 1991.)

Changes in the assessment formula may be made in proceedings for the levy of annual assessments after the levy of the initial assessment. In such event, the proposed change shall be described in the engineer's report and in the resolution of intention.

(Ord. 1163 N.C.(2d) § 1 (part), 1991.)

If for any reason any portion or provision of this chapter is found to be invalid or the application of the special assessments is found to be inapplicable to any particular parcel within an assessment district formed pursuant hereto, by a court of competent jurisdiction, the remaining portions or provisions of this chapter and the application of the special assessments to the remaining parcels within an assessment district formed pursuant hereto, shall not be affected.

(Ord. 1185 N.C.(2d) § 2, 1991.)