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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

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

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CHAPTER XIV.
LIBRARY BENEFIT ASSESSMENT

Sec. A14-71. Purpose.

The benefit assessment levied under this chapter is solely for the purpose of raising revenue necessary to maintain and restore public library services in the County of Santa Clara Library Service Area.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, § 1, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-72. Election.

The assessment levied by this ordinance has been approved by nearly 69 percent of the votes cast by the voters voting on Advisory Measure A within the County of Santa Clara Library Service Area at the November 8, 1994, general election.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, § 1, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-73. Definitions.

For the purposes of this chapter, the following terms shall be defined as set forth below:

(a) County of Santa Clara Library Service Area shall mean the cities of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Milpitas, Monte Sereno, Morgan Hill, Saratoga, and the unincorporated area of the County.

(b) Library services shall mean all services and facilities provided by the Santa Clara County Library, including, but not limited to: acquiring, constructing, equipping, furnishing, staffing, operating, and maintaining real property, buildings, equipment, vehicles, and other facilities for the conduct of public library programs providing collection development and maintenance, lending services, informational services, and programs; acquiring books, magazines, newspapers, audio visual, electronic media, and other information materials; providing access to all available lending materials through direct loan, inter-library loan, literacy programs, electronic access, and other special service programs; providing information, recreation, and lifelong learning of all persons, and administrative and indirect costs of providing those services.

(c) Parcel shall be defined as any parcel of land in the Santa Clara County Library Service Area for which the County Assessor of Santa Clara County has assigned an assessor's identification number.

(d) Residential unit shall mean a building or portion of a building designed for or occupied exclusively by one family, including, but not limited to, single-family home, apartment, condominium or cooperative. Residential cooperatives which have not been subdivided into individual parcels shall be treated the same as condominiums in the application of the tax rate.

(e) Zone shall mean each area served by a library facility operated by the Santa Clara County Library.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, § 1, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-74. Type of assessment.

There is hereby levied a benefit assessment on all parcels in all zones of the Santa Clara County Library Service Area, except where parcels are otherwise exempt from the tax under this chapter.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, § 1, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-75. Legislative finding of benefit.

In levying this assessment, the Board of Supervisors finds and declares that the owners of parcels will derive an economic benefit from the library services provided from the proceeds of the assessment.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, § 1, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-76. Benefit value for differing land uses.

Different land use types benefit from library services to differing degrees. Properties which receive similar benefit levels are classified by land use type, according to County Land Use Codes, and receive the relative benefit values as indicated:

Land Use Type	Code	Benefit Value
1. Single family residential	1	1.00
2. Condominium/townhouse	6	1.00
3. Multi-family residential	2, 3, 4	0.50
4. Other residential (mobile homes, trailer parks, camps, etc.)	5, 7, 8, 9, 67, 79	0.50
5. Retail	50, 51, 52, 53, 54, 55, 56, 57, 58	0.50
6. All non-retail type business	10--40, 59, 60, 61, 62, 63, 64, 65, 70, 72, 73, 75	0.75
7. Miscellaneous vacant land (undeveloped, agricultural, etc.)	66, 69, 78, 87, 88, 90, 91, 92, 93, 94, 96, 97, 99	0.20
8. Exempt (public schools, churches, parks, playgrounds, public buildings, vacant public land, etc.)	41, 42, 71, 74, 76, 77, 81, 82, 83, 84, 85, 86, 89, 95, 98	0.00
9. Transportation and utilities (privately operated)	43, 44, 45, 46	0.50

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98)

Sec. A14-77. Benefit units of measure.

In relating the benefit value derived from library service to each land use type, a basic unit of measure for each land is established. This basic unit of measure shall be in accordance with information obtained from the assessor's roll.

Land Use	Unit of Measure
All residential uses	1 dwelling unit
Retail	0.2 acres (5 BU's/ac.)
Non-retail commercial	0.1 acres (10 BU's/ac.)
Retail/non-retail commercial (inactive)	1 unit
All vacant uses	1 acre
Transportation/utilities	0.2 acres (5 BU's/ac.)

In levying assessments for nonresidential parcels, properties will be rounded to the nearest unit of measure (for example, retail parcels which are 0.5 acres will be assessed as 0.6 acres).

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-78. Maximum benefit levels.

The maximum benefit units and acreage which may be assigned for each non-residential parcel is as follows:

Land Use	Max. Benefit Units/Parcel	Maximum Acres
Retail	150	30
Non-retail commercial	300	30
Vacant land (all uses)	10	10
Transportation/utilities	150	30

All residential uses will be assessed on a per dwelling unit basis with no maximum limit.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-79. Maximum for multiple non-residential parcels in common ownership.

An owner of multiple non-residential parcels engaged in the same business under common ownership may claim a refund of payments made in excess of the maximum (300 benefit unit) assessment.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-80. Calculation of assessment.

The formula for calculating per parcel assessments is as follows:

A. Benefit Value Benefit Units = Benefits Points

B. Benefit Points Base Assessment Level = Assessment for Property

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-81. Base assessment level.

The base assessment level for fiscal year 2004/2005 shall be $33.66.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99; Ord. No. NS-300.636, § 1, 5-23-00; Ord. No. NS-300.651, § 1, 6-5-01; Ord. No. NS-300.668, § 1, 8-6-02; Ord. No. NS-300.713, § 1, 6-3-03; Ord. No. NS-300.728, § 1, 6-8-04)

Sec. A14-82. Maximum annual increase.

The base assessment may not be increased by more than two percent annually; except that, upon approval of a city, the base may be increased in a particular zone to provide for enhanced services to the owners of parcels in that city.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-83. Collection.

The assessment shall be collected in the same manner as ordinary County ad valorem property taxes are collected and shall be subject to the same penalties and same procedure and sale in case of delinquency as provided by such taxes. All laws applicable to the levy, collection and enforcement of County ad valorem property taxes shall be applicable to such assessment.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-84. Duration of tax.

The assessment imposed by this chapter became effective on July 1, 1995, for a period of ten years thereafter. The rate set forth in A14-81 shall be effective on July 1, 2002.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99; Ord. No. NS-300.636, § 2, 5-23-00; Ord. No. NS-300.651, § 2, 6-5-01; Ord. No. NS-300.668, § 2, 8-6-02)

Sec. A14-85. Refunds.

Whenever the amount of any tax, penalty, or interest has been mistakenly paid more than once, or has been erroneously collected or received by the County, it may be refunded provided a verified claim in writing, stating the specific ground upon which such claim is founded, is filed with the County Librarian within four years from the date of payment. The County Librarian or his or her designee, shall submit a report and substantiating documentation to the Auditor-Controller, or his or her designee, requesting that such officer make the correction and initiate an appropriate refund.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-86. Severance clause.

If any section, subsection, sentence, phrase or clause of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this chapter.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-87. Regulations.

The County Librarian and County Tax Collector may adopt reasonable consistent rules to explain, interpret, and implement this chapter.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-88. Withdrawal of city.

If a city withdraws from the services of the County library, the assessment shall terminate within the city according to the provisions of Education Code § 19104 or 19105.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

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