Yuba County Municipal Code Ch. 5.20 Parcel Charges and Procedures for Collection in County Service Areas

Pursuant to the authority of Government Code § 25210.77a, there is hereby established a parcel charge within each County Service Area within the County of Yuba. Said parcel charge may vary by reason of the nature of the use or the month in which the service is rendered to correspond to the cost and value of the service. The nature and extent of service to be furnished shall be established prior to August 31 of each year and appropriate parcel charge shall be determined to cover the cost of said services.

(Prior Code, § 5.20.010; Ord. No. 703)

The Director of Public Works, from within the Community Development and Services Agency, shall each year provide a written report which shall identify each parcel of real property receiving the particular extended service and the amount of the charge for each parcel for such year computed in conformity with this Chapter. This report shall be filed with the Clerk of the Board of Supervisors on or before July 15 of each year.

(Prior Code, § 5.20.020; Ord. No. 703; Ord. No. 1405)

Upon receiving the report referred to in Section 5.20.020, the Clerk shall fix a time, date and place for a hearing thereon and for filing objections or protests thereto. The Clerk shall publish notice of such hearing as provided in Government Code § 6066.

(Prior Code, § 5.20.030; Ord. No. 703; Ord. No. 1058)

At the time, date and place stated in the notice, the Board of Supervisors shall hear and consider all objections or protests, if any, to the report and may continue the hearing from time to time. Upon conclusion of the hearing, the Board of Supervisors may revise, change, reduce, or modify any charge as described in the report and thereafter, by resolution, shall confirm the report.

(Prior Code, § 5.20.040; Ord. No. 703)

The charges set forth in the report as confirmed, shall appear as a separate item on the tax bill. The charge shall be collected at the same time and in the same manner as ordinary County ad valorem property taxes are collected and shall be subject to the same penalties and same procedures and sale in case of delinquency as provided for such taxes. All laws applicable to the receiving, collection and enforcement of County ad valorem property taxes shall be applicable to such charge, except that if the real property to which such charge relates has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the charge confirmed pursuant to this Chapter shall not result in a lien against such real property but instead shall be transferred to the unsecured roll for collection.

(Prior Code, § 5.20.050; Ord. No. 703)

All costs incurred for the preparation of all reports and other services herein shall be charged to the particular service area receiving said services as provided and authorized by Government Code § 25210.77.

(Prior Code, § 5.20.060; Ord. No. 703)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.