Ventura Municipal Code Art. 3 Engineer’s Report

Upon (1) the adoption, pursuant to Section 4.300.210, of a resolution initiating proceedings with respect to a proposed maintenance assessment district or (2) the filing, pursuant to Section 4.300.230, of a notice of intention to circulate or execute a petition with respect to a proposed maintenance assessment district, the director shall promptly cause a report to be prepared on the proposed assessment district by a registered professional engineer setting forth all of the following information:

A. A diagram showing the boundaries of the maintenance assessment district and identifying all lots or parcels within the district;

B. A description of the type and location of the permanent public improvements to be operated and maintained, in whole or in part, using assessments levied in connection with the district;

C. An estimate of the total annual cost of operating and maintaining such public improvements, including (1) all annual costs of rent, repair, replacement, rehabilitation, fuel, power, electric current, care and supervision (including administration and management) necessary to properly operate and maintain the public improvements, and (2) such additional annual amount necessary to accumulate a reserve to fund cyclical or irregular rent, repair, replacement, rehabilitation, fuel, power, electric current, care and supervision (including administration and management) costs;

D. Reserved;

E. A rate table (or formula) showing the proposed maximum annual assessment rates, stated on a per square foot, per dwelling unit, per parcel, or other basis, for each class of property (as identified by the engineer based on land use or other characteristics) within the maintenance assessment district;

F. A description of how the rates included in the rate table (or formula) were determined;

G. A table identifying (by assessor’s parcel number or other method) each lot or parcel subject to the assessment and the maximum annual assessment calculated for that parcel pursuant to the rate table (or formula). This table shall indicate, as applicable, that the maximum annual assessment against a parcel will change (1) as a result of application of the automatic annual adjustment, and (2) if there is a change in use or size of the parcel;

H. A statement of the method of calculating any automatic annual adjustment to the maximum annual assessment rates;

I. The termination date of such assessment district if of limited duration, or a statement that the assessment district will continue from year to year until dissolved by the city council if the assessment district is not one of limited duration; and

J. Such additional information as the engineer preparing the report determines is useful or necessary to comply with the requirement of Article XIII D, Section 4(b) of the California Constitution that all assessments be supported by a detailed engineer’s report prepared by a registered professional engineer certified by the state of California. (Ord. No. 2013-004, § 1, 4-15-13)

Prior to the completion of the engineer’s report on a proposed maintenance assessment district, the director may forward a draft of the report to the administrator and to the city director of public works who may promptly review the report and submit their recommendations thereon to the professional engineer who prepared the report. (Ord. No. 2013-004, § 1, 4-15-13)

When the director is satisfied that the engineer’s report is accurate and complete, they shall cause the report to be filed with the city clerk. The city clerk shall present copies of the engineer’s report to the city council at the time of any hearing scheduled pursuant to Section 4.300.410. (Ord. No. 2013-004, § 1, 4-15-13)

At the time of adopting a resolution of intention to establish a maintenance assessment district, the city council may, in its discretion, direct that all costs of the engineer’s report and any additional administrative cost reasonably incurred in connection with proceedings to establish the assessment district, be included as part of the assessment to be levied against the lots and parcels within the district. In lieu of collecting all of these costs in the initial annual assessment, the city council may direct that the costs be collected in installments spread over not more than the first 10 years of the assessment. Where the costs of the engineer’s report were deposited by the owner or owners of property within the boundaries of a maintenance assessment district at the time of presenting a notice of intent to file a property owner petition requesting establishment of the assessment district, the city council may also direct that such property owners be reimbursed for such costs out of the revenues received from assessments levied against the lots and parcels within the district to recover these costs. (Ord. No. 2013-004, § 1, 4-15-13)