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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER V.
COUNTY LIGHTING SERVICE AREA CHARGES*

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Editor's note--Ord. No. NS-300.279, § 1, adopted March 26, 1979, specifically amended the Code by adding Ch. V, §§ A14-31--A14.33, as herein set out.

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Sec. A14-31. Authority.

California Government Code § 25210.77a authorizes any county to fix and collect charges for a particular extended service authorized by statute and rendered by a county service area located within the county. Such charges may be in lieu of, or supplemental to, revenue obtained by the levy of taxes.

(Ord. No. NS-300.279, § 1, 3-26-79)

Sec. A14-32. Assessments.

(a) Assessments shall be fixed for street lighting service rendered by the County Lighting Service Area of the County of Santa Clara. Such assessments shall be in lieu of any and all property taxes levied for such purpose, and shall be sufficient to pay for the cost of such lighting and shall be apportioned to parcels within the district in proportion to the benefits received by each parcel.

(b) Assessments shall be apportioned pursuant to the engineer's report submitted to and approved by the Board of Supervisors. A copy of said report is on file with the Clerk of the Board of Supervisors.

(c) Assessments may be based on special benefit zones and benefit factors reflecting the benefit received by different categories of parcels within the zones.

(Ord. No. NS-300.279, § 1, 3-26-79; Ord. No. NS-300.279.1, § 1, 1-3-84; Ord. No. NS-300.625, § 1, 4-6-99)

Sec. A14-33. Procedure for fixing and collection of assessments.

(a) On or before May 15 of 1999 and each year thereafter the Board of Supervisors shall cause to be prepared a written report which shall contain a description of each parcel of real property receiving street lighting service from the County Lighting Service Area and the amount of the assessment for each parcel for such year computed in conformity with Section A14-32 above. Such report shall be filed with the Clerk of the Board of Supervisors.

(b) Upon the filing of such report the Clerk shall fix a time, date and place for hearing thereon, and for filing objections or protests thereto. The Clerk shall publish notice of such hearing as provided in California Government Code § 6066, prior to the date set for hearing, in a newspaper of general circulation printed and published in the County.

(c) At the 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 assessment and shall make its determination upon each assessment as described in the report and thereafter, by resolution, shall confirm the report; however, any increase proposed shall conform with the requirements of Article XIII D (Assessment and Property Related Fee Reform) of the California Constitution.

(d) The assessments set forth in the report, as confirmed subject to the limitations contained in A14-33(c) above, shall appear as a separate item on the tax bill and may 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 procedures 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 assessment, except that if the real property to which such assessment related 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 attached thereon, prior to the date on which the first installment of such taxes would become delinquent, then the assessment confirmed pursuant to this section shall not result in a lien against such real property, but instead shall be transferred to the unsecured roll for collection.

(Ord. No. NS-300.279, § 1, 3-26-79; Ord. No. NS-300.625, § 2, 4-6-99)

Secs. A14-34--A14-36. Reserved.

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