Chapter 4.30 SPECIAL ASSESSMENTS FOR POLICE AND FIRE SERVICES RELATED TO REAL PROPERTY

CHAPTER 4.30
SPECIAL ASSESSMENTS FOR POLICE AND FIRE SERVICES RELATED TO REAL PROPERTY

4.30.010 Findings.

The city council finds that certain police and fire services furnished by the city relate particularly to the protection of real property and the preservation of ownership rights therein. These services include, without limitation, the prevention and detection of burglary, arson, vandalism and criminal trespass; patrolling and surveillance of property; the investigation of crimes against property and the apprehension of those charged with committing them; the inspection of property for fire hazards, and the extinguishment of fires. The city council further finds and determines that real property within the city receives a special benefit from these services and that the cost thereof should be borne by the property itself. (Ord. 1946 NCS §1 (part), 1993.)

4.30.020 Purpose of chapter.

By proceeding in accordance with this chapter, the city council may levy a special assessment on real property for the cost of police and fire services related to real property. This chapter shall be liberally construed to effectuate its purpose. (Ord. 1946 NCS §1 (part), 1993.)

4.30.030 Resolution of intention.

By resolution the city council may declare its intention to levy an annual special assessment on any or all real property in the city for the cost of police and fire services related to real property. The resolution shall describe in general terms the land subject to assessment, shall specify the number of years during which the proposed assessment will be collected, and shall direct the city manager or other city employee or consultant to prepare an assessment report and file it with the city clerk. (Ord. 1946 NCS §1 (part), 1993.)

4.30.040 Assessment report contents.

The assessment report shall contain the following:

A. An estimate of the present cost of furnishing police and fire services related to real property, including an estimate of the incidental expenses of preparing, levying and collecting the proposed assessment, including legal and administrative fees and costs, preparation of the assessment report, costs of conducting any required election and costs of annual collection of the assessment on the county tax bill or otherwise.

B. An assessment roll, stating the amount to be assessed during the first fiscal year of assessment on each parcel of land proposed to be assessed. The total amount on the roll shall not exceed the estimate described in subsection A. Each parcel shall be described by its county assessor’s parcel number, or other description sufficient that any landowner may determine from the roll the amount of the assessment proposed to be levied on that owner’s land. The parcels to be assessed may be divided into zones of benefit by location, land use or other relevant factors or combinations of factors, and different assessments may be assigned to different zones on the basis of differing benefits.

C. The maximum assessment proposed to be assessed on each parcel in any year during the term of the assessment, if it is proposed that the amount of the assessment may be increased from year to year without further notice to owners of assessed property. The annual increases shall be stated as a percentage, to be applied to the amounts stated on the assessment roll.

(Ord. 1946 NCS §1 (part), 1993.)

4.30.050 Setting of hearing.

At any time after the assessment report has been filed with the city clerk, the city council may set public hearings on the report. At least two public hearings shall be held. Notice of the hearings shall be mailed to each owner of property proposed to be assessed at the owner’s address as shown on the last equalized county assessment roll, or as known to the city clerk. The first hearing shall be held not earlier than ten days after mailing the hearing notice, nor later than seven days before the concluding hearing, which shall be held at least forty-five days after the notice is mailed. The notice shall also be posted on a public notice board at or near the meeting place of the city council, and shall be published pursuant to Section 6066 of the California Government Code. (Ord. 1946 NCS §1 (part), 1993.)

4.30.060 Contents of notice.

The notice of public hearings on the assessment report shall state:

A. That the city council is considering the levy of an assessment for certain costs of police and fire services;

B. The time and place of public hearings on the assessment report;

C. The amount of the proposed annual assessment on each parcel of land, and the amount of the maximum annual assessment, if any;

D. The procedure for filing written protests to the proposed assessment; and

E. The name, address and telephone number of a city employee or consultant who is prepared to answer questions about the proposed assessment.

(Ord. 1946 NCS §1 (part), 1993.)

4.30.070 Written protests.

At any time before the time and date set for the concluding public hearing, the owner of any parcel of land proposed to be assessed may file a written protest with the city clerk. The protest shall be signed by the owner and shall contain a description of the owner’s property sufficient to identify it. If the owner’s name is not shown on the last equalized assessment roll, the protest shall be accompanied by evidence that the signer of the protest is the owner of the parcel. (Ord. 1946 NCS §1 (part), 1993.)

4.30.080 Hearings.

At the times and places set for the noticed public hearings, the city council will take public testimony and will hear objections or protests to the proposed assessments. Any hearing may be continued from time to time. Any written protest on file may be withdrawn by the signer of the protest at any time before the close of the concluding hearing, but no written protest will be accepted for filing after the opening of the concluding hearing. (Ord. 1946 NCS §1 (part), 1993.)

4.30.090 Determination of protests; abandonment; election.

After the concluding hearing has been closed, the city council will determine the extent of the valid written protests remaining on file with the city clerk. Only protests signed by the owners of land proposed to be assessed will be considered; the determination as to ownership will be based on the last equalized county assessment roll and any evidence of ownership submitted with the protest, and the decision of the city council will be final.

If the revenue represented by written protests on file with the city clerk exceeds ten percent but less than fifty percent of the revenue raised by the proposed assessments, the city council may abandon the assessment proceedings or, by resolution, submit the assessment proposal to an election as set forth in Section 4.30.109.

If the revenue represented by written protests is more than fifty percent of the revenue raised by the proposed assessments, the assessment proceedings shall be abandoned. (Ord. 1946 NCS §1 (part), 1993.)

4.30.100 Election; qualified voters; required vote.

If the city council submits the proposed levy of assessments to an election, the election shall be held not less than ninety days nor more than one hundred eighty days after the adoption of the resolution calling the election. The qualified electors shall be those registered to vote within the territory subject to assessment, except that, if fewer than twelve persons were registered to vote within the territory on the day thirty days before adoption of the resolution calling the election, the qualified electors shall be the owners of land within the territory, each owner having one vote for each acre or portion of an acre owned within the territory. The assessment proceedings shall be abandoned unless a majority of votes cast is in favor of the levy of the assessments. (Ord. 1946 NCS §1 (part), 1993.)

4.30.110 Approval of assessments; annual levy.

If the assessment proceedings are not required to be abandoned, the city council in its discretion may approve the assessment report as submitted or may modify it and approve it as modified, except that the city council may not increase the amount of any assessment or maximum assessment as stated in the assessment report. Approval of the assessment report shall constitute the levy of the assessments for the ensuing fiscal year. Thereafter, not later than the first Monday in August in each fiscal year during the term of the assessments, the city council may levy the annual assessments in amounts not exceeding the maximum assessments stated in the assessment report, or, if no maximums were stated, not exceeding the initial assessments. (Ord. 1946 NCS §1 (part), 1993.)

4.30.120 Collection of assessments.

Assessments may be collected in each fiscal year at the same time and in the same manner, and bear the same penalties and interest for nonpayment, as county property taxes, or the city council from time to time may elect another form of collection in its discretion. All proceeds of collection shall be placed in a separate fund or account of the city and shall be expended only for the purposes set forth in the assessment report. (Ord. 1946 NCS §1 (part), 1993.)