Chapter 20A
SERVICE AREA CHARGES

Sections:

20A-1.    Short title; adoption authority.

20A-2.    Collection of charge.

20A-3.    Written report.

20A-4.    Notice of hearing to determine objections and protests.

20A-5.    Hearing on objections and protests.

20A-6.    Collection of charges; applicable law.

20A-7.    Relation of rate to benefit in certain cases.

20A-1 Short title; adoption authority.

This chapter shall be known as the “county service area charges ordinance of the county of Colusa,” enacted pursuant to Section 25210.77a of article 7 of chapter 2.2 of the California Government Code. (Ord. No. 493, (part).)

20A-2 Collection of charges.

On or before October 31st of each calendar year, the county auditor shall apply to the board of supervisors for approval to add delinquent and unpaid charges for extended services to the county tax roll. The board of supervisors may by majority vote approve the application, and the charges for extended services pursuant to this chapter may be added to the tax roll and collected at the same time and in the same manner as county general ad valorem property taxes, except that the board of supervisors shall not impose a charge upon federal or state governmental agencies or other local agencies. (Ord. No. 493, (part).)

20A-3 Written report.

Once a year, the board of supervisors shall cause to be prepared a written report which shall contain a description of 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 the procedure set forth herein for the authorizing collection of charges on the tax roll. Such report shall be filed with the clerk of the board of supervisors. (Ord. No. 493, (part).)

20A-4 Notice of hearing to determine objections and protests.

Upon the filing of such report, the clerk shall fix a time, date and place for a hearing thereon and for filing objections and protests thereto. The clerk shall publish notice of such hearing as provided in Section 6066 of the California Government Code, prior to the date set for hearing, in a newspaper of general circulation printed and published in the county. (Ord. No. 493, (part).)

20A-5 Hearing on objections and protests.

At the time, date and place stated in the notice, the board of supervisors shall hear and consider all objections and 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 adopt, revise, charge, reduce or modify any charge and shall make its determination upon each charge as described in the report and, thereafter, shall confirm the report by resolution. (Ord. No. 493, (part).)

20A-6 Collection of charges; applicable law.

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 the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of county ad valorem property taxes shall be applicable to such charge; except that, if for the first year such charge is levied the real property to which such charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, the charges 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. (Ord. No. 493, (part).)

20A-7 Relation of rate to benefit in certain cases.

Whenever a railroad, gas, water or electric utility right-of-way is included within such service area, or zone thereof, the railroad, gas, water or electric utility right-of-way or electric line right-of-way shall be subject to the charges authorized only if, and to the extent that, it is found that it will benefit from the particular extended service, and the railroad, gas, water or electric utility right-of-way or electric line right-of-way shall be subject to the same penalties, and the same procedure and sale, in the case of delinquency as other properties in the same service area or zone. In determining whether or not the railroad, gas, water or electric utility or electric line right-of-way benefits from the extended service, its use as a right-of-way for a railroad, gas, water or electric utility shall be presumed to be permanent. (Ord. No. 493, (part).)