CHAPTER 6. Maintenance [26650 - 26654]
( Chapter 6 added by Stats. 1983, Ch. 687, Sec. 2. )
A district may levy and collect assessments pursuant to this chapter to pay for the cost and expenses of the maintenance and operation of any improvements acquired or constructed pursuant to this division.
(Added by Stats. 1983, Ch. 687, Sec. 2. Effective September 11, 1983.)
The board of directors shall adopt a resolution declaring its intention to order that the cost and expenses of maintaining and operating an improvement acquired or constructed pursuant to this division shall be assessed against the property within the district benefited thereby. The resolution shall contain both of the following:
(a) A report prepared by an officer of the district which sets forth the yearly estimated budget, the proposed estimated assessments to be levied each year against each parcel of property, and a description of the method used in formulating the estimated assessments.
(b) The time, date, and place for the hearing of protests to the proposed assessments.
(Added by Stats. 1983, Ch. 687, Sec. 2. Effective September 11, 1983.)
The board of directors shall cause a notice of the adoption of the resolution described in Section 26651 to be mailed by first class mail to each owner of real property within the district as shown on the last equalized assessment roll of the county. The notice shall be mailed not less than 14 days prior to the date set for the hearing and shall contain all of the following:
(a) A statement that the board of directors has adopted the resolution.
(b) The time, date, and place set forth in the resolution for the hearing of protests on the proposed assessments.
(c) A statement of the total yearly estimated budget for the maintenance and operation of the improvements.
(d) A statement that the report described in Section 26651 is available for inspection at the office of the district.
(e) The name and telephone number of a person designated by the board of directors to answer inquiries regarding the proposed assessment.
(Added by Stats. 1983, Ch. 687, Sec. 2. Effective September 11, 1983.)
At the hearing, the board of directors shall hear and consider all protests. At the conclusion of the hearing, the board of directors may adopt, revise, change, reduce, or modify any assessment and shall make its determination upon each assessment described in the report. Thereafter, by resolution, the board of directors may confirm the assessments and order the levy and collection thereof.
(Added by Stats. 1983, Ch. 687, Sec. 2. Effective September 11, 1983.)
If assessments are proposed to increase from the maximum amount levied in any previous year, the board of directors shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code with respect to that increase.
(Added by Stats. 2000, Ch. 262, Sec. 33. Effective January 1, 2001.)
Following the order by resolution of the levy and collection of assessments by the board of directors, the clerk shall cause to be recorded a notice of assessment, as provided for in Section 3114 of the Streets and Highways Code, whereupon the assessment shall attach as a lien upon the property, as provided in Section 3115 of the Streets and Highways Code.
Thereafter, the clerk shall collect the assessments as directed by the board of directors, or, in lieu of collection by the clerk, the board of directors may provide that the assessments are payable at the same time and in the same manner as general taxes on real property are payable.
A district board of directors shall reimburse the city or county, as the case may be, for any cost incurred pursuant to this section.
(Added by Stats. 1983, Ch. 687, Sec. 2. Effective September 11, 1983.)