Yuba City Municipal Code Ch. 9 Downtown Yuba City Business Improvement District

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a) "Act" shall mean the parking and business improvement Area Law of 1989, Streets and Highways Code § 36500 et seq.

(b) "Activities" shall mean and include, without limitation: promotion of public events which benefit businesses in the District.

(c) "Assessment" shall mean a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and promoting activities which will benefit the businesses located and operating within the District.

(d) "Associate member" shall mean a business owner located outside the BID boundaries that participates by paying an associate member assessment.

(e) "Billing period" shall mean the time between January 1 of any year and December 31 of the same year.

(f) "District" shall mean the parking and business improvement area established pursuant to Section 3-9-020 of this Code.

(g) "Financial business" shall mean banks, savings and loan institutions, credit unions, and other related businesses.

(h) "Fiscal year" shall mean January 1 to and including December 31 of the same year.

(i) "Improvements" shall mean the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more, including, without limitation: parking facilities, benches, trash receptacles, street lighting, decorations, parks and fountains.

(j) "Lodging business" shall mean and include, without limitation, hotels, motels, inns, recreational vehicle parks, bed and breakfast inns, and other similar businesses.

(k) "Professional business" shall mean and include attorneys, architects, accountants, engineers, surveyors, physicians, dentists, optometrists, chiropractors and others in a medical/health service field, consultants, real estate brokers, financial advisors, laboratories (including dental and optical), hearing aid services, artists and designers, and similar businesses.

(l) "Retail, restaurant and service business" shall mean and include businesses that buy and resell goods such as clothing stores, shoe stores, office supplies, businesses that sell prepared foods and drinks, general office, news and advertising media, printers, photographers, personal care facilities and outlets, contractors/builders, service stations, repairing and servicing businesses, renting and leasing businesses, utilities, vending machine businesses, household finance companies, theaters and entertainment-oriented businesses, and other similar businesses not otherwise defined in the other categories.

(§ 1, Ord. 06-98, eff. August 19, 1998)

A Parking and Business Improvement Area is hereby established pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code § 36500 et seq. This District shall be called the Downtown Yuba City Business Improvement District. There shall be two benefit zones within the District, based upon the degree of benefit to be derived from the improvements and activities to be provided within the benefit zones as provided in the Act. The boundaries of the District and the benefit zones within the District are shown on the attached map and described in the form of assessor's parcel numbers in Exhibit A.

(§ 1, Ord. 06-98, eff. August 19, 1998)

The elected officers of the Downtown Yuba City Business Association shall serve as an Advisory Board to the City Council, and shall make recommendations to the City Council on the expenditure of revenues derived from the levy of assessments pursuant to this chapter, on the classification of businesses, and on the method and basis of levying the assessments. Persons owning businesses within the boundaries of the District shall be qualified to serve as members of the Advisory Board. The Board may appoint a director who is an associate member. Any and all voting within the District regarding election of persons to serve on the Advisory Board, matters concerning the conduct of the advisory board, or any actions of the advisory board shall be based on one vote per assessed dollar of the assessment made pursuant to this chapter. Only businesses which are current in the payment of their assessments shall be entitled to participate in any such vote.

(§ 1, Ord. 06-98, eff. August 19, 1998)

(a) Commencing January 1, 1999, all businesses, trades, and professions located within the District shall pay an annual assessment in the following amounts, depending on the benefit zone in which the business is located, the classification of the business, and number of employees the business employs:

Associate Members: Businesses outside the BID boundaries that would like to participate will be assessed $175.

NOTE: Retail and restaurant businesses will be assessed on size which will be determined by number of employees, either full-time, or the equivalent made up of multiples of part-time employees.

(b) Property within the District boundaries used for residential purposes are exempt from assessment within the District.

(c) The assessment for any new business established within the District shall be due and payable on the date of issuance of the business license or on the date the business first opens to the public, whichever first occurs. Said initial assessment shall be prorated on the basis of the remaining fiscal year. Thereafter, annual assessments will be due and payable on January 1 of each year.

(§ 1, Ord. 06-98, eff. August 19, 1998; § 1, Ord. 007-07, eff. May 31, 2007)

(a) The City shall bill and collect from all businesses, trades, and professions within the District all assessments authorized by this chapter. Should the business, trade, or profession not pay their assessment, the City will collect delinquent assessments from the property owner of which the business, trade, or profession is located.

(b) The City shall pay any costs the City incurs for the process of billing and/or collecting the non-delinquent assessments for the Business Improvement District.

(c) No refund upon termination of business within the business improvement district. The business assessments under the terms of this chapter are not refundable upon termination of a business or for any unused portion or term of the assessment year.

(d) Collection of delinquent assessments. For delinquent assessments, the City may impose late payment penalties on businesses that fail to timely pay their respective assessments at a rate of 10% per month. If the assessment remains unpaid 60 days after the date of delinquency, the City may commence any action it deems appropriate or necessary to recover the delinquent assessments and late payment penalties. Any business which is delinquent in payment of its assessment shall be liable for all costs of collection of the delinquent assessment.

All assessments which remain delinquent as of June 30 of each year may be collected in the same manner as the general taxes for the City for the forthcoming fiscal year, as follows:

(1) The City's Finance Department shall prepare a written report, which shall be filed with the City Clerk. The report shall describe each parcel of real property for which there are any assessment delinquencies during the preceding year, and the amount of delinquency.

(2) The City Clerk shall publish notice of the report's filing and of the time and place of hearing on the report, prior to the date set for the hearing. The notice shall be published once a week for two successive weeks prior to the hearing. The Finance Department shall also mail written notice of the report's filing to each property owner whose property or parcel is identified as being subject to delinquent assessment charges.

(3) At the time stated in the notice for the prehearing, the Finance Director and/or designee shall hear and consider all objections or protests, if any, to the report concerning the delinquencies in a "prehearing." Thereafter, the City Finance Director may revise, change, reduce, or modify any delinquency, or overrule any or all objections thereto. The Finance Director shall then make his or her determination on each delinquency identified in the report, and present the list to the City Council for final determination at the public hearing stated in the notice.

(4) At the time stated in the notice, following the prehearing and prior to submission to the County of Sutter, the City Council shall hear and consider all objections or protests, if any, to the report concerning the delinquencies. Thereafter the City Council may adopt, revise, change, reduce or modify any delinquency or overrule any or all objections thereto. The City Council shall then make its determination on each delinquency identified in the report; the City Council's determination shall be final.

(5) Following the hearing, on or before August 10 of each year, the City Clerk shall file with the City's Finance Director a copy of the signed report to submit to the County. The Finance Director will submit a request to the County of Sutter to include the amount of delinquencies on the bills for taxes levied against the properties identified in the report.

(§ 1, Ord. 06-98, eff. August 19, 1998; § 2, Ord. 007-07, eff. May 31, 2007; Ord. No. 001-25, § 2, 1-21-2025)

Revenue from the assessments levied in the District shall be used to fund improvements and activities to promote the District. Revenue from the assessments levied in the District shall not be used to provide improvements or activities which do not promote the District or for any purpose other than the purposes specified in the Act and the resolution of intention of the City Council concerning establishment of the District.

(§ 1, Ord. 06-98, eff. August 19, 1998)

(a) The City or Advisory Board may accept voluntary contributions to the District's account by any person, business, or entity. The boundary of the District shall not be modified as a result of any voluntary contribution. A business which contributes voluntarily to the District shall not be considered a part of the District.

(b) Upon a specific finding by the Advisory Board that the District would derive a benefit from the participation of a business which has voluntarily contributed to the District's account may participate in specified programs of the District for the billing period in which the voluntary contribution is made.

(§ 1, Ord. 06-98, eff. August 19, 1998)

(a) The Advisory Board shall prepare, on or before December 1, a report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report. The Advisory Board shall file the report with the City Clerk and shall specify the name of the District, the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following:

(1) The improvements and activities to be provided for that fiscal year.

(2) An estimate of the cost of providing the improvements and the activities for that fiscal year.

(3) The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.

(4) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year.

(5) The amount of any contributions anticipated to be made from sources other than assessments levied pursuant to this part.

(b) The Advisory Board's report may propose changes, including, but not limited to, the boundaries of the District of any benefit zones within the District, the basis and method of levying the assessments, and any changes in the classification of businesses. If such changes are proposed in the report, the report shall also include a detailed description of any such proposed changes.

(c) After the filing of the report, the City Council shall adopt a resolution of intention to levy an annual assessment for that fiscal year, and shall comply with the Act in preparing the resolution, setting the matter for a public hearing on the levy of the proposed assessment for that fiscal year, publishing notice of the public hearing, and conducting the public hearing.

(d) At the conclusion of the public hearing, the City Council may adopt a resolution confirming the report as originally filed, or as modified by the City Council. The adoption of the resolution shall constitute a levy of an assessment for the fiscal year referred to in the report.

(§ 1, Ord. 06-98, eff. August 19, 1998)

The City shall not use or require the Advisory Board to use District revenues to offset City expenditures for capital improvement projects in the District and maintenance of City property and public works, including, without limitation, public property, sidewalk, street and restroom cleaning and maintenance, and tree maintenance. The City shall not diminish the level or standard of maintenance or capital improvement projects in the District solely because of the existence of District revenues.

(§ 1, Ord. 06-98, eff. August 19, 1998)

The District's revenues, whether generated by assessment or voluntary contribution, shall not be used to acquire and/or construct public parking within the District, unless such use of the revenues is specifically approved by a majority vote of the business owners in the District as set forth in Section 3-9.030.

(§ 1, Ord. 06-98, eff. August 19, 1998)

(a) The City Council may modify the boundaries of the District, the boundaries of the benefit zones, the amount, basis or method of levy of the assessments, and any improvements or activities to be funded with revenues derived from the levy of assessments. Any modifications shall be made pursuant to the procedures set forth in the Act.

(b) The City Council may disestablish the District as set forth in the Act. Any action to disestablish the District shall be taken pursuant to the procedures set forth in the Act.

(c) Upon the disestablishment of the District, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be refunded to the owners of the businesses then located and operating within the District as required by the Act.

(§ 1, Ord. 06-98, eff. August 19, 1998)