Title 13 WATER AND SEWERS
Chapter 13.89 FEES AND CHARGES IN COUNTY SERVICE AREAS AND MAINTENANCE DISTRICTS
13.89.010 Establishment of fees and charges.
13.89.012 Installment billing procedure.
13.89.014 Delinquent collection procedures.
13.89.016 Charges for services in maintenance districts and county service areas.
13.89.010 Establishment of fees and charges.
A. This chapter establishes the procedures for setting the fees and
charges for sewage disposal and domestic water supply services and facilities,
streets and highways maintenance and street lighting, and establishes procedures
for collection thereof.
B. Fees and charges shall be established by
resolution of the board of supervisors and shall be collected either by
installment billing or in conjunction with the county’s ad valorem
property taxes.
C. “Entity,” as used in this chapter, means a
maintenance district, county service area, street lighting district or water
works district. (Ord. 473EE § 1, 1990: Ord. 473 § 1(part),
1983).
13.89.012 Installment billing procedure.
The auditor-controller shall mail annual, semiannual or quarterly bills,
as the case may be, to the owner of each parcel of real property for which a fee
or a charge is set by this chapter. The owner shall be that person shown on the
current tax roll as the property owner. The billing shall be due and payable in
full within thirty days of the billing date. Payment shall be made to the county
auditor-controller. (Ord. 473A § 1, 1983: Ord. 473 § 1(part),
1983).
13.89.014 Delinquent collection procedures.
Any charge or fee installment that remains unpaid for a period of sixty
days after the date of billing is delinquent and may be collected as
follows:
A. Collection on the Tax Roll.
1. Once a year the
auditor-controller shall prepare and submit to the board of supervisors a report
of delinquent charges and fees. The report shall contain a description of each
delinquent parcel of real property and the amount of delinquent charge or
fee.
2. The board of supervisors shall hold a hearing to consider objections
or protests to the report. Each owner of property listed in the report shall be
given ten days’ mailed notice of the time, date and place of the hearing.
Upon the conclusion of the hearing, the board may make revisions or corrections
to the report as it deems just and shall confirm said report by resolution. A
certified copy of the report and resolution of confirmation shall be filed with
the county auditor-controller and recorded in the office of the county recorder
on or before August 10th.
3. The delinquent charges set forth in the report
as confirmed shall constitute special assessments against the respective
properties and are a lien on those properties for the amount of such delinquent
charges or fees as of the date of recordation of the report as
confirmed.
4. The assessment shall appear as a separate item on the tax bill
and shall be collected at the same time and in the same manner as the ad valorem
property taxes are collected. All laws applicable to the levy, collection, and
enforcement of ad valorem taxes, including penalties and interest thereon and
cancellation or refund thereof, shall be applicable to such
assessment.
B. Enforcement Through Revenue Services. The auditor may refer
any delinquent charge or fee to the revenue services division for enforcement
efforts which may include filing a recovery action in small claims
court.
C. Action by County Counsel. In the event the fee or tax exceeds the
jurisdictional limit of the small claims court, the auditor may refer the matter
to county counsel for enforcement.
D. Other Enforcement Methods. At its
option, the board may, by minute order, authorize the auditor to utilize any
other collection procedure authorized by law. (Ord. 473FF § 1, 1997: Ord.
473 § 1(part), 1983).
13.89.016 Charges for services in maintenance districts and county service areas.
A. On or before April 30th of each year the county engineer and the county
road commissioner, after consultation with recognized representatives of any
entity, shall jointly prepare a written report which shall contain a description
of each parcel of real property receiving services from each entity, which shall
indicate the particular service or services and the amount of the charge for
each parcel for the following fiscal year, computed in conformity with the
amount of benefit each parcel receives.
This report shall be filed with the
clerk of the board of supervisors.
B. Upon filing of the report, the clerk
shall fix a time, date and place for hearing thereon and for filing objections
or protests to the report. The clerk shall publish notice of the hearing as
provided in Government Code Section 6066, prior to the date set for hearing, in
a newspaper of general circulation printed and published in the
county.
C. At any time, date and place stated in the notice, the board of
supervisors shall hear and consider all objections or 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, change, reduce or modify
any charge, and shall make this determination upon each fee or charge as
described in the report and thereafter, by resolution, shall establish such fees
and charges.
D. Annual fees and charges set forth in the report, as
confirmed, shall appear as a separate item on the tax bill. Fees and charges
payable by installments shall be billed by the Madera County auditor-controller
and shall not be an item on the tax bill unless they become delinquent. The
annual fees and charges and any delinquent installment charges 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 fees and charges, except that, if for
the first year the fee or charge is levied the real property to which the fee or
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 the taxes
would become delinquent, the fee or charge confirmed pursuant to this section
shall not result in a lien against the real property but, instead, shall be
transferred to the unsecured roll for collection.
E. Whenever a railroad or
utility right-of-way is included within the service area, or zone of the service
area, or maintenance district, the railroad or utility right-of-way shall be
subject to the fees and charges authorized only if, and to the extent that, it
is found that it will benefit from the particular extended service, and the
railroad or utility right-of-way shall be subject to the same penalties, and the
same procedure in sale, in case of delinquency, as other properties in the
service area are zoned. In determining whether or not the railroad or utility
right-of-way benefits from the extended service, its use as a right-of-way shall
be presumed to be permanent. (Ord. 473EE § 2, 1990: Ord. 473A § 2,
1983; Ord. 473 § 1(part), 1983).
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