Ventura Municipal Code Art. 5 Summary Proceedings to Establish District Following 100 Percent Property…

As an alternative to the procedures set forth in Articles 2 and 4 of this chapter, summary proceedings to establish a maintenance assessment district may be initiated by filing with the city clerk of a petition, executed by the owners of 100 percent of the parcels within the boundaries of a proposed maintenance assessment district. Such a petition shall explicitly:

A. Request and consent to the establishment of a maintenance assessment district and the imposition of an assessment in connection with that district.

B. Reference an engineer’s report for the proposed district, which shall be attached to the petition or be on file in the office of the city clerk at the time the petition is executed.

C. Request that proceedings be conducted pursuant to this article and waive the right of the petitioner or petitioners to proceedings pursuant to Government Code Section 53753 and applicable state law. (Ord. No. 2013-004, § 1, 4-15-13)

Upon receipt of a petition requesting establishment of a maintenance assessment district pursuant to the provisions of this article, the city clerk shall promptly review the petition and determine whether the petition has been executed by all the property owners within the boundaries of the proposed assessment district and otherwise complies with the requirements prescribed by this article. Upon verifying that the petition complies with the requirements of this article, the city clerk shall schedule the matter for a hearing before the city council as soon as practicable. (Ord. No. 2013-004, § 1, 4-15-13)

At the hearing scheduled pursuant to Section 4.300.520, the city council shall receive and consider the petition, the engineer’s report on the proposed assessment district, as well as all comments on the petition, the engineer’s report, or any other matter relevant to establishment or administration of the proposed assessment district made by the owner or owners of property within the boundaries of the district who are present at the hearing. (Ord. No. 2013-004, § 1, 4-15-13)

If at the conclusion of a hearing conducted pursuant to Section 4.300.530, the council determines that all of the property owners within the boundaries of the proposed assessment district have duly executed the petition, that the petition otherwise complies with the requirements of this article, and the establishment of the district conforms with all other requirements of law and is warranted, the city council may adopt a resolution approving the district and levying an annual assessment against the lots and parcels within the boundaries of the district. (Ord. No. 2013-004, § 1, 4-15-13)