26.1.1 CITATION.
This Chapter may be cited as the "Torrance Seismic Safety Building Rehabilitation Bond Procedural Law."
26.1.2 PROCEDURE FOR ISSUING BONDS OR OTHER OBLIGATIONS.
The procedure for the issuance of bonds or other obligations to finance seismic safety building rehabilitation shall be as follows:
a) The City Council, exercising the powers reserved to the City under the Constitution of the State of California and provisions of the Charter of the City, by resolution (or agreement the terms of which are incorporated by reference in such resolution), may issue and sell bonds or other obligations to finance seismic safety building rehabilitation when the public interest requires.
b) At a regular or special meeting and by a majority vote of all members, the City Council shall adopt a resolution authorizing the issuance of such bonds or other obligations without the requirement of submitting the proposition of issuing bonds or other obligations to the qualified voters of the City, except as and to the extent otherwise required hereby. The resolution shall state all the terms and conditions upon which the bonds or other obligations are being offered for sale or may incorporate the terms and conditions contained in a separate agreement setting forth such matters, and shall state that the bond or other obligations are to be payable exclusively from moneys received from the recipients of the proceeds of such bonds or other obligations and from such other funds as may be legally available for such purpose and that the bonds or other obligations are not to be secured by the taxing power of the City.
c) Before selling the bonds or other obligations, or any part thereof, the City Council shall either negotiate the private sale of the bonds or other obligations with a responsible purchaser or purchasers, who may be purchasing for their own account or for purposes of resale, or give notice inviting sealed bids for the sale of the bonds or other obligations by publication of the notice once in a newspaper of general circulation within the City at least ten days prior to the date of opening bids stated in the notice, together with such other notices as are deemed advisable pursuant to a resolution of the City Council or as may be required by law. If bids are invited and satisfactory bids are received, the bonds or other obligations offered for sale shall be awarded to the lowest responsible bidder. If no bids are received, or if the City Council determines that the bids received are either not responsive to the notice inviting the same or not satisfactory as to price or responsibility of the bidders, the City Council may reject all bids received, if any. In the event no bids are received or all bids are rejected, the City Council may either readvertise or sell the bonds or other obligations at private sale subject to confirmation thereof by resolution adopted by a majority of all members of the City Council. The private sale may be made upon terms and conditions other than those contained in the resolution authorizing issuance of the bonds or other obligations and the notice inviting bids therefor.
d) Any district formed pursuant to this Chapter may consist of contiguous and/or noncontiguous parcels.
e) The resolution authorizing the issuance of the respective bonds or other obligations issued pursuant to this Chapter (or an agreement the terms of which are incorporated by reference in such resolution) may establish (i) the form of such bonds or other obligations, (ii) redemption terms and redemption notice provisions relating to such bonds or other obligations, (iii) structures eligible for financing, (iv) costs eligible for financing, and (v) provisions relating to the issuance of additional bonds or other obligations prior to, on parity with or subordinated to the lien of the bonds or other obligations issued pursuant to such resolution.
f) The bonds or other obligations issued pursuant to this Chapter may be issued from time to time in any number of series and may be issued to refund bonds or other obligations issued pursuant hereto.
g) The City is authorized to join by agreement with any other entity, public or private, to facilitate the exercise of the City’s powers pursuant to this Chapter. The City is authorized to acquire and/or dispose of real and/or personal property in any manner that is deemed appropriate by a majority of the City Council to facilitate the exercise of the City’s powers pursuant to this Chapter.
h) All elections and public hearings shall be conducted in accordance with the statutes incorporated by reference into this Chapter.
i) The City may exercise all of the rights and powers and perform the duties and covenants contained in (i) the Improvement Bond Act of 1915 (commencing with Section 8500 of the Streets and Highways Code of the State of California), (ii) the Refunding Act of 1984 for 1915 Improvement Act Bonds (commencing with Section 9500 of the Streets and Highways Code of the State of California), (iii) the provisions of the Public Resources Code of the State of California relating to Geologic Hazard Abatement Districts (commencing with Section 26500 of Public Resources Code of the State of California), and (iv) the provisions of the Health and Safety Code of the State of California relating to Seismic Safety Building Rehabilitation Loans (commencing with Section 55000 of the Health and Safety Code of the State of California), as appropriate and to the extent referenced in the resolution authorizing the issuance of the bonds or other obligations, which are by this reference, with the exceptions stated in this Chapter, incorporated in this Chapter as in effect on the date of adoption of the ordinance codified in this Chapter and as they may be amended to the extent set forth in the resolution authorizing the issuance of the respective bonds or other obligations. Each of the provisions set forth above shall serve as independent authority for the issuance of bonds or other obligations pursuant to this Chapter. Sections 8651.5, 8652, 8689, 9403, 9404, 9405, 9406, 9407, 9408, 9409, 9410, 9411, 9414, 9415, 9416, 9417, 9450, 9451, 9452, 9453, 9454, 9455, and 9456 of the Streets and Highways Code of the State of California, Sections 26550, 26560, 26566, 26569.7, 26570 and 26583 and the second and third sentences of Section 26567 and the second sentence of Section 26571 of the Public Resources Code of the State of California, and Sections 55001(b), 55001(c), 55002 and 55115 and the second, third and fourth paragraphs of Section 55100 of the Health and Safety Code of the State of California, and any other provisions of the statutes incorporated by reference into this Chapter inconsistent herewith to the extent of such inconsistencies and no further, are not incorporated in this Chapter and shall not be applicable to bonds or other obligations issued by the City pursuant to this Chapter.
ARTICLE 2 - PROCEDURES FOR FORMING ASSESSMENT DISTRICTS AND LEVYING ASSESSMENTS
(Added by Ord. 3228)
26.2.1 CONSTRUCTION GOVERNED BY DEFINITIONS.
Unless the context otherwise requires, the definitions contained in this chapter shall govern the construction of this Article. For purposes of this Article, words importing the singular number shall include the plural number and vice versa, and words importing persons shall include firms, associations, corporations, partnerships, districts, agencies and bodies, unless the context clearly requires otherwise.
a) "Assessment district" means the area of land or certain specified parcels (which may be contiguous or noncontiguous parcels) within an area of land to be specially benefited by the improvements and to be specially assessed to pay the costs and expenses of the improvements and any damages caused by the improvements.
b) "Assessment Engineer" means the City Engineer, the Building and Safety Director of the City or such other officer of the City or competent person employed by the City for the purpose of preparing the report required by Section 26.2.7 of this Article.
c) "County" means the County of Los Angeles, California.
d) "Improvement," and any of its variants, includes all work and improvements, whether acquired, installed or constructed, authorized or undertaken by the City or by any owner which are necessary or incidental to comply with the provisions of Section 811.1.5 of Chapter 11 of Division 8 of this Code.
e) "Owner" means the person owning the fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the County Recorder’s office of the County, or the person in possession of the property or buildings under claim of, or exercising acts of ownership over the same for himself, or as the executor, administrator, guardian, or conservator of the owner. If the property is leased, the possession of the tenant or lessee holding and occupying such property shall be deemed to be in possession of the owner.
f) "Resolution of intention" means the resolution of the City required by Section 26.2.4 of this Article.
26.2.2 REFERENCE TO MAP ON FILE AND OPEN TO PUBLIC INSPECTION.
Any resolution, notice, report, diagram or assessment which is required to contain a description of the improvements, the boundaries of the assessment district or any zones therein, or the lines and dimensions of any parcel of land, may, for a full and detailed description thereof, refer to any plan or map which is on file with the City Clerk, the Assessment Engineer, the County Auditor or the County Assessor and which is open to public inspection. The plan or map so referred to shall govern for all details of the description.
26.2.3 POWER TO CONSTRUCT, ACQUIRE, INSTALL, ETC., IMPROVEMENTS; ACQUISITION OF LAND AND EASEMENTS.
Whenever the public interest or convenience requires, the City Council may acquire, construct or install, or may loan money to or make payments to the owners of land within the assessment district to acquire, construct or install, any or all of the improvements necessary to comply with the provisions of Section 811.1.5 of Chapter 11 of Division 8 of this Code and any and all works and improvements mentioned in the provisions of the Public Resources Code of the State of California relating to geological hazard abatement districts (commencing with Section 26500 of Public Resources Code of the State of California), or the provisions of the Health and Safety Code of the State of California relating to Seismic Safety Building Rehabilitation Loans (commencing with Section 55000 of the Health and Safety Code of the State of California), or any other works and improvements, and the City may acquire by gift, purchase or eminent domain proceedings, land, rights-of-way, leases and easements necessary for any such works and improvements.
26.2.4 RESOLUTION OF INTENTION.
Before either (i) ordering any improvement for which an assessment will be levied within an assessment district, or (ii) authorizing any owner to proceed with any improvement for which the owner will be reimbursed under the provisions of this Chapter, the City Council shall adopt a resolution declaring its intention to do so. The resolution of intention shall (i) briefly describe the proposed improvements, (ii) specify the exterior boundaries of the assessment district or the parcels of land to be included therein, (iii) declare the intention of the City to issue bonds payable from the assessments, if any bonds are to be issued, (iv) declare the intention of the City to levy an assessment for any such improvements and whether the assessment will be collected on a lump sum basis or in installments, (v) declare the intention of the City to levy an assessment or a fee to operate, maintain or repair the improvements if it intends to levy such an assessment or fee, (vi) declare the intention of the City to levy an assessment or a fee to pay administrative costs of the City incurred as a result of the assessments or any bonds if it intends to levy such an assessment or fee, (vii) if the improvements are to be constructed, acquired or installed by the affected owners or their designated appointees or contractors, the procedure for the owners’ to apply for funds, (viii) provide for the disposal of any surplus remaining in any improvement fund after completion of the improvements, (ix) declare the intention of the City to include in the assessment any damages suffered by any private utility by virtue of the acquisition, construction or installation of the proposed improvements, and (x) name an Assessment Engineer for the assessment district. Notwithstanding the foregoing, if the City has received applications from owners who wish to voluntarily participate in any assessment district created hereunder, then the resolution of intention may describe the proposed improvements by reference to such notices and any plans and specifications submitted pursuant to Section 811.1.5 of Chapter 11 of Division 8 of this Code. The descriptions need not be detailed and shall be sufficient if they enable the Assessment Engineer to generally identify the nature, location and extent of the improvements and the location of, or the parcels included in, the assessment district. The resolution of intention may also contain a brief statement of the intention of the City Council to enter into an agreement with any other public agency or public utility for the performance of any work or service by such public agency or public utility in connection with the improvements.
26.2.5 PAYMENT OF COST AND EXPENSES OUT OF GENERAL FUND AUTHORIZED.
In the resolution of intention, the City Council may order as a contribution that a specified portion or percentage of the cost and expenses of the improvements shall be paid out of the general fund of the City or from any other fund as the City Council may designate.
26.2.6 CALL FOR REPORT.
In the resolution of intention the City Council shall refer the proposed improvements to the Assessment Engineer named in the resolution of intention, and direct such Assessment Engineer to make and file with the City Clerk a report in writing. In the event, however, that the Assessment Engineer has prepared or commenced the preparation of such a report prior to the adoption of the resolution of intention, the City Council may confirm and ratify the preparation of the report by such Assessment Engineer and order such Assessment Engineer to file such written report with the City Clerk at the time of completion of the report.
26.2.7 CONTENTS OF REPORT.
The report of the Assessment Engineer to whom the improvements are referred by the City Council shall contain all of the following:
a) Plans and specifications of the proposed improvements if the improvements are not already acquired, constructed or installed. Such plans and specifications do not need to be detailed and are sufficient if they show or describe the general nature, location and extent of the improvements. Such plans and specifications may consist of the individual plans and specifications submitted by owners pursuant to Section 811.1.5 of Chapter 11 of Division 8 of this Code. If the assessment district is divided into zones, the plans and specifications shall indicate the class and type of improvements to be provided for each zone. The plans or specifications may be prepared as separate documents, or either or both may be incorporated in the report as a combined document.
b) A general description of any improvements already acquired, constructed or installed and any other works, appliances or property necessary or convenient for the operation of the improvements, if such works, appliances or property are to be acquired, constructed or installed as part of the improvements.
c) An estimate of the cost of the improvements and of the cost of any lands, rights-of-way, easements, leases and incidental expenses in connection with the improvements (including, but not limited to, expenses relating to the financing of the improvements, the assessment proceedings and the levy and collection of the assessment). If the City Council in the resolution of intention has ordered that private utility damages be included in the assessment, the report shall contain an estimate of such damages. If the City Council in the resolution of intention has declared its intention to levy an assessment or fee for the operation, maintenance or repair of the improvements, the report shall contain an estimate of the amount of this assessment per parcel for each of the first five (5) years during which the assessment would be levied.
d) A diagram showing, as they existed at the time of the passage of the resolution of intention, all of the following:
1) The exterior boundaries of, or the parcels included in, the assessment district.
2) The boundaries of, or the parcels included in, any zones within the assessment district.
3) The lines and dimensions of each parcel of land within the assessment district. Each parcel, including any condominium interest, as defined in Section 783 of the Civil Code of the State of California, shall be given a separate number upon the diagram. The diagram may refer to the County Assessor’s maps for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govern for all details concerning the lines and dimensions of the parcels.
e) A proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several parcels of land in the assessment district in proportion to the estimated special benefits to be received by each parcel, respectively, from the improvements. Such proposed assessment may be collected in installments with or without interest on an annual basis, semi-annual basis, or any other basis determined to be appropriate under the circumstances. Such proposed assessment may be in the form of a formula, so long as each owner may reasonably determine the maximum and minimum amount of the assessment which may be levied on such owner pursuant to the formula. The report shall also include the approximate times and for how long any installments for the assessment will be levied, if applicable. The assessment shall refer to the parcels by their respective numbers as assigned pursuant to subsection (d) of this Section.
f) A proposed maximum annual assessment upon each of the parcels within the assessment district to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve, improvement or other funds.
26.2.8 ALLOWANCE FOR INTEREST.
If bonds are to be issued to finance the improvements pursuant to the provisions of this Chapter, the costs and expenses of the proposed improvements may include an allowance for interest not exceeding three (3) years’ estimated interest on the bonds from the date thereof.
26.2.9 PRESUMPTION THAT IMPROVEMENTS WILL BENEFIT UNDEVELOPED OR UNDERDEVELOPED PROPERTIES.
In preparing the report in which assessments are apportioned pursuant to Subsection (e) of Section 26.2.7, the Assessment Engineer may (but shall not be required to) presume that improvements which are required to meet the needs of future owners of property within an area, as indicated by a general or specific plan for the area, will benefit undeveloped and underdeveloped property within the area. If the City Council adopts the report, that presumption shall be conclusive.
26.2.10 SPECIFICATION AND DESCRIPTION OF BOUNDARIES OF DISTRICT.
The exterior boundaries of the assessment district may be specified and described as provided in the Improvement Act of 1911 in Section 5181 and Sections 5231 through 5234 of the Government Code of the State of California.
26.2.11 ASSESSMENT OF LAND; CREDIT FOR DEDICATIONS AND IMPROVEMENTS.
In determining the amount of the assessment, credit may be given for dedications and/or for improvements constructed at private expense.
26.2.12 LOANS TO SPECIAL FUNDS.
To expedite the conduct of proceedings and the construction, acquisition or installation of any improvement authorized by Division 8 of Chapter 11 of this Code, the City Council may at any time transfer into a special fund designated by the name of the improvement proceeding, out of any available funds of the City, such sums as it deems necessary. The sums so transferred are a loan to the special fund, and may, or at the discretion of the City Council shall, be repaid out of the proceeds of the assessments provided for in this Article.
26.2.13 CONSIDERATION OF REPORT; MODIFICATION.
When the report provided for in Sections 26.2.6 and 26.2.7 is filed with the City Clerk, he/she shall present such report to the City Council for consideration. The City Council may modify such report in any respect. The report, as modified, shall stand as the report for the purpose of all subsequent proceedings except that such report may be confirmed, modified or corrected as provided in this Article.
26.2.14 PUBLIC HEARING OF PROTESTS.
After passing on the report, the City Council by resolution shall appoint a time and place for hearing protests to the proposed assessment district or the proposed improvements and shall direct the City Clerk or the Assessment Engineer to give notice of the hearing as provided in this Article, and shall designate a daily or weekly newspaper published and circulated in the City in which the notice shall be published. The hearing shall be held not less than thirty (30) days after the passage of such resolution unless the City Clerk or the Assessment Engineer receives written consents, signed by each owner of a parcel within the assessment district, to an earlier hearing date or to a waiver of the protest hearing.
26.2.15 WAIVER OF PROTEST HEARING AND NOTICES.
Notwithstanding anything to the contrary contained in this Article, any provision contained herein requiring the mailing, publication or posting of notices or requiring a public protest hearing may be waived or modified with consent of all of the owners of land included within an assessment district. Any such waiver or modification shall be in writing and shall be executed by each owner or each parcel of land included or proposed to be included in the assessment district; provided, however, that any such written waiver or modification may be executed by an owner in counterparts. If the City Clerk or the Assessment Engineer shall receive any such executed waiver or modification, it shall submit the same to the City Council for approval and, once approved by the City Council, such waiver or modification shall be deemed an amendment to the provisions of this Article with respect to the assessment district which is the subject of such waiver or modification.
26.2.16 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION; POSTING.
After the adoption of the resolution of intention, the filing of the report, and the setting of the time and place for hearing protests, the City Clerk or the Assessment Engineer shall cause notices of the passage of the resolution of intention to be posted. The notices shall be posted conspicuously on all the open streets within the assessment district, at not more than three hundred (300) feet apart on each street so posted, but no less than three (3) in all.
26.2.17 CONTENTS OF NOTICE.
The notices required by Section 26.2.16 shall:
a) Be headed "Notice of Improvement," in letters of not less than one inch in height.
b) In legible characters state the fact and date of passage of the resolution of intention, the filing of the report, and the time and place set for hearing of protests.
c) Briefly describe the improvements proposed to be constructed, acquired or installed.
d) Refer to the resolution of intention and report for further particulars.
e) Contain the name and telephone number of a local department or agency designated by the City Council to answer queries regarding the protest proceedings.
26.2.18 PUBLICATION OF NOTICE.
The City Clerk or the Assessment Engineer shall also cause a notice similar in substance to the notice described in Section 26.2.17 to be published in the City pursuant to Section 6066 of the Government Code of the State of California. The notices shall be posted and first published at least twenty (20) days before the date set for hearing of protests.
26.2.19 EFFECT OF FAILURE TO POST.
No proceeding shall be held invalid for failure to post notices on any street or streets if the Sections herein relating to notices have been substantially complied with or if waivers meeting the requirements set forth in Section 26.2.15 have been received.
26.2.20 NOTICE TO OWNERS; EFFECT OF FAILURE TO MAIL NOTICE.
At least twenty (20) days before the date set for hearing of protests, the City Clerk or the Assessment Engineer shall mail, postage prepaid, notices of the adoption of the resolution of intention and the filing of the report to all persons owning real property proposed to be assessed whose names and addresses appear on the last equalized assessment roll for City taxes or who are known to the City Clerk or the Assessment Engineer. The failure of the City Clerk or the Assessment Engineer to mail the notice to any owner or the failure of any owner to receive the notice shall not affect the validity of any proceedings taken under this Article. If property assessed by the State under Section 14 of Article XIII of the Constitution is proposed to be assessed, such notice shall be mailed to every owner of such property at the address thereof shown on the last board roll transmitted to the County Auditor.
26.2.21 CONTENTS OF NOTICE TO OWNERS.
The notice mailed to owners pursuant to Section 26.2.20 shall contain:
a) A statement of the time, place and purpose of the hearing on the resolution of intention and report.
b) A statement of the total estimated cost of the proposed improvements.
c) The amount (or the formula pursuant to which the amount of the assessment will be determined), as shown by the report, to be assessed against the particular parcel covered by the notice, and whether the assessment will be collected on a lump sum basis, on an annual or semi-annual basis, or whether the assessment shall be payable in installments in some other manner, and the approximate times and for how long the installments will be collected, if applicable.
d) A statement that any person interested may file a protest in writing as provided in this Article.
e) The name and telephone number of a local department or agency designated by the City Council to answer inquiries regarding the protest proceedings.
26.2.22 AFFIDAVIT OF CITY CLERK OR ASSESSMENT ENGINEER.
Upon the completion of the mailing of the notices, the City Clerk or the Assessment Engineer, as appropriate, shall file with the City Council an affidavit setting forth the time and manner of the compliance with the requirements of this Article for publishing, posting and mailing notices.
26.2.23 FILING OF PROTESTS; EVIDENCE OF PROPERTY OWNERSHIP; DUTIES OF CITY CLERK OR ASSESSMENT ENGINEER.
After the City Council passes on the report pursuant to Sections 26.2.13 and 26.2.14, any interested person may object to the proposed improvements, the extent of the assessment district or to the proposed assessment, by filing a written protest with the City Clerk on or before the time set for the hearing. The protest shall contain a description of the property in which each signer thereof is interested sufficient to identify the property, and, if the signers are not shown on the last equalized assessment roll as the owners of the property, the protest shall contain or be accompanied by written evidence that the signers are the owners of the property. The City Clerk shall endorse on each protest the date of its receipt, and, at the time appointed for the hearing, the City Clerk shall present to the City Council all protests filed with him or her.
26.2.24 WAIVER OF RIGHT TO PROTEST.
Any written protest not made at the time and in the manner provided in Section 26.2.23 shall be deemed to be waived voluntarily by any person who might have made such protest and such person shall be deemed to have consented to the proposed improvement, the extent of the assessment district, the proposed assessment and any other act, determination, or proceeding on which protest could be made.
26.2.25 CORRECTION OF ERROR OR INFORMALITY.
The City Council may remedy, revise and correct any error or informality in any act, determination or proceeding of the City Council or any officer of the City. The City Council may confirm, amend, alter, modify or correct the assessment and diagram in such manner as the City Council shall deem just and may instruct and direct the officer or person making the same to correct them in any particular.
26.2.26 MAJORITY PROTEST; WITHDRAWAL OF PROTESTS.
If the protest is against the proposed improvements and the City Council finds that the protest is made by the owners of more than one-half (1/2) of the area of the land to be assessed for the improvements, and protests are not withdrawn so as to reduce the protest to less than a majority, no further proceedings shall be taken for a period of one (1) year from the date of the decision of the City Council on the hearing, unless the protests are overruled by an affirmative vote of four-fifths (4/5) of the members of the City Council pursuant to its powers under Article 16, Section 19 of the California Constitution. Any person making a protest may withdraw the protest, in writing, at any time prior to the conclusion of the protest hearing. The City Council may confirm, modify or correct the proposed assessment.
26.2.27 MAJORITY PROTEST; DETERMINATION OF OWNERSHIP OF SIGNERS; EVIDENCE CONSIDERED.
If it shall be necessary, in order to find whether a majority protest exists, to determine whether any or all of the signers of written protests are the "owners" of property to be assessed, the City Council shall make such determination from the last equalized assessment roll, any written evidence submitted with a written protest and any other evidence received at the hearing. The City Council shall be under no duty to obtain or consider any other evidence as to ownership of property and its determination of ownership shall be final and conclusive.
26.2.28 RESOLUTIONS; CONFIRMATION OF ASSESSMENT.
a) When, upon the hearing, the proposed assessment provided for in Subsections (d) and (e) of Section 26.2.7 and the maximum annual assessment provided for in Subsection (f) of Section 26.2.7 are confirmed as filed, as modified, or as corrected, by resolution, the City Council shall order the proposed improvements to be constructed, acquired or installed, and declare its action upon the report and assessment. The resolution shall be final as to all persons, and the assessment thereby levied upon the respective parcels of land in the assessment district.
b) If an annual assessment to pay for administrative costs is provided for pursuant to subsection (a), the City Council shall determine, by resolution, the amount of the annual assessment for this purpose, which shall not exceed the maximum assessment provided for in subsection (a) and shall not exceed a reasonable estimate of costs actually incurred or likely to be incurred. This determination may be included in the resolution adopted pursuant to subsection (a). The City Council may subsequently determine by resolution that the annual assessment shall be a different amount, but in no event shall the annual assessment exceed the maximum annual assessment provided for in subsection (a). Resolutions adopted pursuant to this subsection shall be final as to all persons, and the annual assessment in the amount determined shall thereby be levied annually until changed by resolution adopted pursuant to this Section. These assessments may be collected in the same manner and in the same installments as the assessments levied pursuant to subsection (a), and may be combined with those assessments for collection in any manner which is convenient and economical.
26.2.29 AUTHORITY FOR CITY COUNCIL TO MAKE CHANGES BEFORE COMPLETION OF PROCEEDINGS; BOUNDARIES NOT TO BE CHANGED TO INCLUDE TERRITORY NOT BENEFITED.
Unless the power to proceed shall have ceased at the conclusion of the hearing on the proposed improvements because of a majority protest, at any time before completion of the improvement proceedings, the City Council may make changes in, to or from the boundaries of or the parcels included in the proposed assessment district, the improvements ordered to be constructed, acquired or installed, the assessment (including the amounts of any of the individual assessments therein), or in the proceedings, or any act, determination or provision made, or permitted to be made, by the City Council under and pursuant to this Article, which act, determination or provision does not affect the jurisdiction of the City Council to order the improvements or the assessment. The City Council shall not change the boundaries to include any territory which will not, in its judgment, be benefited by the improvements.
26.2.30 CHANGES TO BE MADE ON NOTICE AND HEARING; EXCEPTIONS.
All changes shall be made on notice and hearing as provided in this Article, except changes may be made:
a) At the hearing on the report, which:
1) Without substantially altering the improvements, reduce the amount of the assessment or make no change in the amount of the assessment and no increase or decrease in the amount of money assessed on each parcel of property included in the assessment; or
2) Eliminate a portion of the improvements or provide a substitution therein without increasing the cost of any assessment by reason thereof or substantially affecting the distribution of benefits from the improvements; or
3) Eliminate a portion of the assessment district without increasing the amount of any assessment by reason thereof or substantially affecting the distribution of benefits from the improvements; or
4) Exclude territory which will not be benefited by the remaining improvements without increasing the amount of any assessment by reason thereof; or
5) Modify the improvements or the assessment with respect to a particular parcel of land within the assessment district with the written consent of the owner thereof; and
b) At any time after the improvements are ordered and during the pendency of the proceedings, which:
1) Do not increase the total amount of the assessment, unless the owners of the parcels affected consent in writing to the increase in assessment; or
2) Provide for the elimination or addition of work or substitutions therein, though they result in an increase in some assessments, unless the owners of the parcels affected consent in writing to the changes in the work and to the changes in the assessments; or
3) Exclude territory which will not be benefited by the remaining improvements without increasing the amount of any assessment by reason thereof, unless the owners of the parcels affected consent in writing to the increase in the assessment.
26.2.31 RESOLUTION; DESCRIPTION OF PROPOSED CHANGES; REFERENCE TO MAPS, PLATS, ETC.; PUBLICATION.
Before ordering any changes made, other than as provided in Section 26.2.30 hereof, the City Council shall adopt a resolution briefly describing the changes proposed to be made, stating the amount of the estimated increase or decrease in the cost of the improvements by reason of the proposed changes and giving notice of a time and place when and where any interested person having any objection to the changes proposed to be made may appear before the City Council and show cause why the changes should not be ordered. The resolution shall also contain the name and telephone number of a local department or agency designated by the City Council to answer inquiries regarding the hearing proceedings. The resolution may describe the changes by referring to maps, plats, plans, profiles, detailed drawings or specifications on file in the office of the City Clerk or City Engineer, which shall indicate the changes proposed to be made and which shall govern for all details thereof. The resolution shall be published pursuant to Section 6061 of the Government Code of the State of California, at least ten (10) days prior to the date of the hearing.
26.2.32 PROPOSALS TO INCLUDE ADDITIONAL TERRITORY OR TO INCREASE ASSESSMENT; TO WHOM COPY TO BE MAILED.
If the resolution adopted pursuant to Section 26.2.31 proposes to include additional territory in the assessment district, or to increase any assessment without written consent of the affected owner, at least twenty (20) days prior to the hearing fixed therein the City Clerk or the Assessment Engineer shall mail a copy of said resolution to all persons owning real property within said additional territory, or whose assessment is increased, whose names and addresses appear on the last equalized assessment roll or as known to the City Clerk or the Assessment Engineer.
26.2.33 WRITTEN OBJECTION TO PROPOSED CHANGES; FILING WITH CITY CLERK; HEARING AND DETERMINATION; JURISDICTION TO ORDER CHANGES; CONCLUSIVENESS OF ORDER.
Written objection to the proposed changes may be filed with the City Clerk by any interested person at any time not later than the time set for the hearing. The City Council shall hear and pass upon such objections at the time appointed, or at any time to which the hearing thereof may be adjourned, and its decision thereof shall be final and conclusive. If no written objections to said changes have been delivered to the City Clerk up to the hour set for hearing thereon, or if said objections have been heard and found by the City Council to be insufficient or have been overruled or denied, immediately thereupon the City Council by an affirmative vote of four-fifths (4/5) of its members shall acquire jurisdiction to order said changes made. The decision and determinations of the City Council ordering such changes after notice and hearing shall be final and conclusive upon all persons entitled to appeal thereupon to the City Council.
26.2.34 ANNUAL ESTIMATE OF EXPENDITURES FOR ENSUING YEAR; AUTHORITY TO LEVY SPECIAL ASSESSMENT OR FEE.
a) Following the levy of an assessment pursuant to this Article to pay, in whole or in part, the costs and expenses of acquiring, constructing or substantially reconstructing the improvements within an assessment district benefited thereby, the City Council may prepare and approve an estimate of the expenditures required during the ensuing fiscal year for the operation, maintenance and repair of the improvements previously assessed.
b) The City Council may, by resolution adopted at a public hearing, determine to levy and collect in any year upon and against any or all the businesses, residents, tenants and/or owners within the assessment district a fee or special assessment sufficient to raise a sum of money not to exceed the amount estimated pursuant to subsection (a) of this Section. Subject to applicable law, such fee or assessment may be levied and determined in any form or manner approved by the City Council and may be levied upon any person, category of persons or property within the assessment district so long as such fee or assessment is designed to charge the persons or property subject to the fee or assessment for the special benefit such person or property receives, and is not designed to raise revenue, in excess of the cost of the benefit to be received.
c) Any special assessment may be levied, collected, and enforced at the same time, in the same manner, by the same officers, and with the same interest and penalties, as in the case of other special assessments for improvements levied pursuant to this Chapter by the City, or in any other manner determined by resolutions of the City Council to be appropriate. Any fee may be levied, collected and enforced in the same manner as other fees are levied, collected and enforced with the City. The proceeds of the assessment or fee, as applicable, shall be expended only for the operation, maintenance, or repair of the works, systems, facilities or improvements previously assessed.
26.2.35 NOTICE OF HEARING REGARDING SPECIAL ASSESSMENT OR FEE.
Prior to any hearing pursuant to Section 26.2.34(b) the City Clerk or the Assessment Engineer shall cause notice of the hearing to be published and given to the extent required by applicable law.
26.2.36 PROCEEDINGS WHEN SUPPLEMENTAL ASSESSMENT DEEMED NECESSARY; CREDIT.
If, as a result of any proposed changes or other events, the City Council shall determine that a supplemental assessment shall be necessary, the proceedings provided for by this Article may either be combined with or conducted separately from the proceedings for such supplemental assessment. If said proposed changes shall eliminate or substantially reduce the estimated benefits to be received from the improvements by any parcel of land within the assessment district, the City Council shall not order any such changes without ordering a corresponding credit upon the individual assessment theretofore imposed upon such parcel.
26.2.37 CONTEST OF VALIDITY.
The validity of an assessment or supplementary assessment levied under this Article shall not be contested in any action or proceeding unless the action or proceeding is commenced within thirty (30) days after the assessment is recorded. Any appeal from a final judgment in such an action or proceeding shall be perfected within thirty (30) days after the entry of judgment.
26.2.38 DIAGRAM AND ASSESSMENT; TRANSMISSION AND RECORDATION.
Upon the passage of the resolutions provided for in Section 26.2.28, the City Clerk shall transmit to the City Tax Collector the diagram and assessments adopted pursuant to Section 26.2.28, and any changes, modifications or corrections made by the City Council.
26.2.39 RECORDING DIAGRAM AND ASSESSMENT; EFFECT.
The City Tax Collector shall record the diagram and assessment received pursuant to Section 26.2.38 in a substantial book to be kept for that purpose in his or her office. Upon the date of recordation with the City Tax Collector, the assessment shall become due and payable in accordance with its terms, except that the City Council may provide in the resolution adopted pursuant to Section 26.2.28 that all or any portion of the assessment becomes due and payable on the dates necessary for payment of the bonds which represent the assessment or portion thereof.
26.2.40 RECORDATION OF NOTICE OF ASSESSMENT; TIME; EFFECT.
Upon the passage of the resolutions provided for in Section 26.2.28, the City Clerk shall record a notice of assessment, as provided in Section 3114 of the Streets and Highways Code of the State of California, modified to reflect any annual assessment for administrative costs, whereupon the assessment shall attach as a lien upon the property assessed, except that the annual assessment for administrative costs shall become a lien at the same time the property tax becomes a lien each year.
26.2.41 TIME FOR PAYMENT OF ASSESSMENT; PENALTY.
All assessments or installments not paid within thirty (30) days after they become due, shall become delinquent and the City Clerk shall add to each delinquent assessment or installment an amount equal to the maximum amount which may be added to delinquent property tax payments under applicable law, as such amount may change from time to time. Assessments or installments may be paid in whole or in part during the thirty (30) day period after the same become due and payable.
26.2.42 NOTICE TO OWNERS OF RECORDATION OF ASSESSMENT.
a) Notice of recordation of assessment shall be given as provided in this Section.
b) Upon recording of the assessment, the City Tax Collector or the Assessment Engineer shall mail, as provided in subdivision (a) of Section 5070 of the Streets and Highways Code of the State of California, a statement containing all of the following:
1) A description by street number, or some other description, of the property assessed sufficient to enable the owner to identify it.
2) The amount of, or the manner in which the amount of, the assessment will be determined, whether such assessment will be collected in installments or on an annual basis, semi-annual basis or some other basis, and at approximately what times and for how long any installment for the assessment will be levied, if applicable.
3) The date of the recordation of the assessment.
4) The time and place of payment of the assessment and the effect of failure to pay the assessment or an installment for the assessment as it is due and payable.
5) If bonds are to be issued, a statement of that fact.
c) The failure of the City Tax Collector or the Assessment Engineer to mail the notice to any owner or the failure of any owner to receive the notice shall not affect the validity of any proceedings taken under this Article.
d) The City Tax Collector or the Assessment Engineer also shall give notice by publication pursuant to Section 6066 of the Government Code of the State of California, which notice shall state all of the following:
1) That the assessment has been recorded as provided in Section 26.2.40
2) Where and when the payment of the assessment is to be made.
26.2.43 PAYMENT OF ASSESSMENTS.
To the extent not inconsistent with the provisions of this Chapter, an assessment for any improvements shall be payable in the manner and subject to the conditions set forth in the resolution of intention or in any other manner adopted by the City Council for the collection of the assessment, to the extent permitted by applicable law. To the extent the resolution of intention specifies that the assessments shall be collected in the same manner as taxes levied and collected, such assessments shall be levied and collected by the County in the same manner and at the same time as taxes are levied and collected.
26.2.44 PURPOSE OF ASSESSMENT.
The assessment for the improvements may be levied in a manner to directly or indirectly reimburse the City for obligations paid or incurred by the City, directly or indirectly, in connection with the acquisition, installation and/or construction of the improvements. The assessment may also be levied in the assessment district in amounts which are sufficient in the aggregate, together with revenues already collected therefor, to pay, or reimburse the City, for such obligations. Assessments in the assessment district and zones, if any, therein shall be calculated to reflect, as accurately as possible, the special benefit received by the property assessed in the assessment district or zones, if any, therein as a result of the improvements.
26.2.45 SALE; REDEMPTION.
Upon default in the payment of any assessment or installment, the lands securing such assessments or installments shall be sold in the same manner in which real property in the City is sold for the nonpayment of general City taxes, and be subject to redemption in the same manner and to the same extent that real property in the City sold for the nonpayment of City taxes may be redeemed for such taxes. In addition, as a cumulative remedy, if any assessment or reassessment or installment thereof together with any penalties and other charges accruing thereon are not paid when due, the City may order the same to be collected by an action brought in Superior Court to foreclose the lien thereof. These remedies are in lieu of and not in substitution for any other remedies which may be available to the City.
26.2.46 EFFECT OF CERTIFICATE OF SALE OR DEED.
If any lot or parcel of land is sold for the nonpayment of any assessment thereon, or of the penalties, interest or costs on the same, or for the nonpayment of any installment of the assessment or of the penalties, interest or costs on the same, any certificate of such sale and deed issued pursuant thereto is primary evidence of the regularity of all proceedings had prior thereto, and such deed conveys to the grantee the absolute title to the lands described therein, free of all encumbrances, except the lien for other State, County and City taxes and unpaid installments, interest and penalties under the same proceeding and except all public improvement assessments which may have priority thereover.
26.2.47 PURCHASE BY THE CITY.
The City may be the purchaser at any delinquent sale in the same manner in which it becomes or may become the purchaser of property sold for nonpayment of general City taxes.
26.2.48 PURCHASE SUBJECT TO UNPAID ASSESMENTS.
The purchaser, at the tax collector’s sale, or at a resale by the City if the City has become the purchaser, or at a foreclosure sale by order of the court, shall take the property subject to all unpaid assessments or reassessments or installments, interest and penalties under the same proceeding and subject to all public improvement assessments which may have priority thereover.
26.2.49 POWERS OF CITY COUNCIL.
The City Council shall possess all powers necessary for, incidental to, or convenient for, the collection, enforcement, administration, or distribution of the assessment in accordance with its Charter and California law.
26.2.50 USE OF REVENUE; COLLECTION; PENALTIES.
The proceeds of any assessments may be used to pay or to reimburse the City, in whole or in part, directly or indirectly, for the cost of providing improvements provided to persons within the assessment district, to pay or reimburse the City, in whole or in part, directly or indirectly, for any payments made on bonds secured by the assessments or for any other lawful purpose. The assessment may be collected in the same manner as ad valorem property taxes are collected and may be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ad valorem taxes, or any other procedure may be adopted by the City Council for the collection of the assessment, to the extent permitted by applicable law. The collector of the assessment may deduct the reasonable administrative costs incurred in collecting the assessment.
26.2.51 ASSESSMENT LIENS; PRIORITY; CONTINUANCE; NOTICE.
From the date of the recordation pursuant to Sections 26.2.39 and 26.2.40, each assessment levied under this Article is a lien upon the land upon which it is levied. This lien is paramount to all other liens, except prior assessments, property taxes and other forms of taxation the nonpayment of which creates a lien paramount to the assessment. Unless sooner discharged, the lien continues for a period of ten (10) years from the date of recordation or, if bonds are issued to represent the assessments, until the expiration of four years after the due date of the last installment on the bonds. All persons have constructive notice of this lien from the date of the recordation.
26.2.52 SUPPLEMENTAL AND ADDITIONAL POWERS.
This Article shall be deemed to provide a complete, additional, and alternative method for doing the things authorized hereby, and shall be regarded as supplemental and additional to the powers conferred by the City Charter and other laws.
26.2.53 BONDS.
The City Council may issue or cause the issuance of bonds payable from and secured by the assessments levied pursuant to this Article, as provided in Section 26.1.2 of this Chapter. Notwithstanding anything to the contrary contained in Section 26.1.2, the City Council may issue or cause the issuance of such bonds as serial or term bonds, or both.
26.2.54 AMENDMENT.
This Article may be amended at any time for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision contained in this Article, as the City may deem necessary or desirable as long as such amendment does not, (i) materially impair or adversely affect the interests of any owner within an assessment district established pursuant to the provisions of this Article in a manner inconsistent with the provisions of this Article, without the written consent of such owner, or (ii) materially impair or adversely affect the interests of any owner of bonds payable from assessments levied under this Article, without the written consent of such bondowner.
26.2.55 ACTION TO DETERMINE VALIDITY; LAW GOVERNING.
An action to determine the validity of any assessments, bonds, contracts or improvements may be brought by the City Council, or by any person designated by the City Council, pursuant to Chapter 9 of the Code of Civil Procedure of the State of California. For such purpose an improvement shall be deemed to be in existence upon its authorization and an assessment upon its confirmation.