2007 California Streets and Highways Code Chapter 3. Assessments

CA Codes (shc:36631-36637)

36631.  The collection of the assessments levied pursuant to this
part shall be made at the time and in the manner set forth by the
city council in the resolution establishing the management district
plan described in Section 36622.  Assessments levied on real property
may be collected at the same time and in the same manner as for the
ad valorem property tax, and may provide for the same lien priority
and penalties for delinquent payment. All delinquent payments for
assessments levied pursuant to this part shall be charged interest
and penalties.


36632.  (a) The assessments levied on real property pursuant to this
part shall be levied on the basis of the estimated benefit to the
real property within the property and business improvement district.
The city council may classify properties for purposes of determining
the benefit to property of the improvements and activities provided
pursuant to this part.
   (b) Assessments levied on businesses pursuant to this part shall
be levied on the basis of the estimated benefit to the businesses
within the property and business improvement district.  The city
council may classify businesses for purposes of determining the
benefit to the businesses of the improvements and activities provided
pursuant to this part.
   (c) Properties zoned solely for residential use, or that are zoned
for agricultural use, are conclusively presumed not to benefit from
the improvements and service funded through these assessments, and
shall not be subject to any assessment pursuant to this part.



36633.  The validity of an assessment levied under this part shall
not be contested in any action or proceeding unless the action or
proceeding is commenced within 30 days after the resolution levying
the assessment is adopted pursuant to Section 36626.  Any appeal from
a final judgment in an action or proceeding shall be perfected
within 30 days after the entry of judgment.



36634.  The city council may execute baseline service contracts that
would establish levels of city services that would continue after a
property and business improvement district has been formed.



36635.  The owners' association may, at any time, request that the
city council modify the management district plan.  Any modification
of the management district plan shall be made pursuant to this
chapter.


36636.  (a) Upon the written request of the owners' association, the
city council may modify the management district plan after
conducting one public hearing on the proposed modifications. The city
council may modify the improvements and activities to be funded with
the revenue derived from the levy of the assessments by adopting a
resolution determining to make the modifications after holding a
public hearing on the proposed modifications. If the modification
includes the levy of a new or increased assessment, the city council
shall comply with Section 36623.  Notice of all other public meetings
and public hearings pursuant to this section shall comply with both
of the following:
   (1) The resolution of intention shall be published in a newspaper
of general circulation in the city once at least seven days before
the public meeting.
   (2) A complete copy of the resolution of intention shall be mailed
by first class mail, at least 10 days before the public meeting, to
each business owner or property owner affected by the proposed
modification.
   (b)  The city council shall adopt a resolution of intention which
states the proposed modification prior to the public hearing required
by this section. The public hearing shall be held not more than 90
days after the adoption of the resolution of intention.



36637.  Any subsequent modification of the resolution shall be
reflected in subsequent notices and maps recorded pursuant to
Division 4.5 (commencing with Section 3100), in a manner consistent
with the provisions of Section 36627.