Ventura Municipal Code Art. 1 General Provisions

This chapter may be cited as the “city of San Buenaventura maintenance assessment district law.” It is adopted pursuant to the municipal affairs provisions of the City Charter to provide an alternative procedure for the levy of assessments against real property to fund the cost of operating and maintaining such improvements. (Ord. No. 2013-004, § 1, 4-15-13)

Unless the contrary is stated or clearly appears from the context, the following definitions set forth in this section shall govern the construction of the words and phrases used in this chapter:

“Administrator” shall mean the chief financial officer or their designee or such other person designated by the city manager to perform the function of the administrator under this chapter.

“City clerk” shall mean the city clerk or their designee or such other person designated by the city manager to perform the function of the city clerk under this chapter.

“Director” shall mean the director of community development or their designee or such other person designated by the city manager to perform the function of the director under this chapter.

“Maintenance assessment district” shall mean an assessment district established pursuant to this chapter, designating the area within which parcels are subject to an assessment to fully or partially fund the cost of operating and maintaining identified public improvements that specially benefit the assessed parcels.

“Property owner” or “owner of property” shall mean the person shown as the owner of a parcel on the last equalized assessment roll or supplemental roll of the county of Ventura, whichever is more current, except where a petition filed pursuant to Section 4.300.220 or 4.300.510 is accompanied by evidence that a parcel is actually owned by some other person or persons. Notice may be mailed to a property owner at the mailing address shown on such roll. (Ord. No. 2013-004, § 1, 4-15-13)

Assessments levied pursuant to this chapter are levies by the city upon real property for a special benefit conferred upon the real property. Consequently, for purposes of Articles XIII C and XIII D of the California Constitution, assessments levied pursuant to this chapter are not special taxes. Any assessment must be calculated in compliance with the requirements of Article XIII D, Section 4 of the California Constitution. Pursuant to Government Code Section 53753(e)(6), majority protest proceedings required by this chapter do not constitute an election or voting for purposes of Article II of the California Constitution or the California Elections Code. (Ord. No. 2013-004, § 1, 4-15-13)

The validity of any assessments levied pursuant to the provisions of this chapter or the validity of any modification to such assessments shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the assessment is initially levied. The city council’s adoption of a resolution of intention shall be deemed to waive and excuse any irregularities or informalities that may occur during the initiation of proceedings pursuant to this chapter. (Ord. No. 2013-004, § 1, 4-15-13)