Chapter 4.26 CHARGES FOR EXTENDED SERVICES WITHIN COUNTY SERVICE AREAS

(D) “District” shall mean any County Service Area within which one or more of the extended services specified in Government Code Section 25213.4 are provided.

(E) “Parcel” shall mean any parcel of real property receiving extended services.

(F) “Service charges” shall mean fees, rates, rentals or other charges for a particular extended service provided within a district.

(G) “Tax Collector” refers to the County Auditor-Controller-Treasurer-Tax Collector. [Ord. 5290 § 13, 2019; Ord. 3406 § 2, 1983].

Article II. Service Charges

4.26.030 Extended service—Determination procedure.

If extended services are to be provided within any district, the proposed nature, extent and cost of such extended services shall be presented by the Director of the Department of Public Works or the County Administrative Officer to the Board of Supervisors at the time of consideration of the County’s budget for the ensuing fiscal year. The Board of Supervisors shall determine the nature, extent and cost of providing such extended services as part of adoption of the final budget. [Ord. 5290 § 13, 2019; Ord. 4448 § 1, 1997; Ord. 3406 § 4, 1983].

4.26.040 Service charges—Computation.

Once a year the Director of the Department of Public Works or the County Administrative Officer shall compute the service charge proposed to be made for each parcel on a basis which apportions the total cost not otherwise offset by other available revenue of the particular extended service, to each parcel within the district in proportion to the estimated benefits from such service to be received by each parcel. The resulting computations of service charges shall be submitted in a report to the Board of Supervisors in accordance with SCCC 4.26.140 et seq., and in accordance with the provisions of Article XIIID of the California Constitution to the extent applicable to those service charges. [Ord. 5290 § 13, 2019; Ord. 4448 § 2, 1997; Ord. 3406 § 5, 1983].

4.26.050 Service charges for districts established during a fiscal year.

Notwithstanding the foregoing provisions, for any district which is established after the commencement of the fiscal year and is authorized by the Board of Supervisors to provide extended services during such fiscal year, the scope of extended services and the computation of service charges may be determined at any time during such fiscal year in a manner which is otherwise in compliance with SCCC 4.26.030 and 4.26.040, and any such service charges may be billed for the remainder of such fiscal year. [Ord. 3471 Art. 1, 1983; Ord. 3406 § 5.5, 1983].

Article III. Billing and Collection

4.26.060 Billing.

The regular billing period for said service charges will be yearly, monthly or bimonthly, as determined by the Board. [Ord. 3406 § 6, 1983].

4.26.070 Opening and closing bills.

Opening and closing bills for less than the normal billing period shall be for not less than one month. [Ord. 3406 § 7, 1983].

4.26.080 Billing time.

Bills for service charges shall be rendered at the beginning of each billing period, and are payable upon presentation, except as otherwise provided. [Ord. 3406 § 8, 1983].

4.26.090 Penalties and interest.

All bills (other than those for which provision is made, prior to delinquency, for collection thereof on the tax rolls on which the general County property taxes are collected) not paid on or before the twentieth of the month in which said bills were due and payable shall be delinquent, and a penalty of 10 percent of the bill or amount due, plus one-half of one percent per month from the first day of said month, shall accrue for the period of such nonpayment, and be collected as a part of the principal amount thereof. [Ord. 3406 § 9, 1983].

4.26.100 Lien of delinquent charges.

If service charges remain delinquent for a period of 60 days, said charges shall constitute a lien against the property against which the same were imposed, upon recording thereof with the County Recorder. Such lien shall have the force, effect and priority of a judgment lien, and shall continue for three years from the time of recording unless sooner released or otherwise discharged. A statement on the bills to each property owner shall give notice of the lien provided by this section. [Ord. 3406 § 10, 1983].

4.26.110 Collection by suit.

The County may collect unpaid service charges by suit. [Ord. 3406 § 11, 1983].

4.26.120 Remedies cumulative.

The remedies provided in this chapter for collecting and enforcing charges are cumulative, and may be pursued alternatively, or may be used consecutively when the Board so determines. If any remedy is invalid, all valid remedies shall remain effectual. [Ord. 3406 § 12, 1983].

Article IV. Collection on Tax Roll

4.26.130 Procedure.

The County may elect to use the tax roll on which its general taxes are collected for the collection of current or delinquent service charges imposed in any district, as hereinafter provided. [Ord. 3406 § 13, 1983].

4.26.140 Report.

Prior to the end of the fiscal year, a written report shall be prepared by the County Administrative Officer or the Director of the Department of Public Works and filed with the Clerk. The report shall contain a description of each parcel of real property receiving extended services pursuant to this chapter and the amount of the charge for each parcel for the forthcoming fiscal year, computed in conformity with the procedure set forth in SCCC 4.26.040. [Ord. 5290 § 13, 2019; Ord. 3406 § 14, 1983].

4.26.150 Public hearing on report.

(A) Notice of Hearing. The Clerk shall cause notice of the filing of the report and of the time, date and place of a public hearing thereon and for filing objections or protests thereto, to be published once a week for two successive weeks prior to the date set for hearing, in a newspaper of general circulation printed and published in the County, pursuant to Government Code Section 6066. The public hearing shall also be noticed and held in accordance with the requirements of Article XIIID of the California Constitution to the extent applicable.

(B) Conducting the Public Hearing. At the time, date and place of the public hearing, the Board shall hear and consider all objections or protests, if any, to the report referred to in the notice. The Board may continue the hearing from time to time as necessary.

(C) Final Determination of Charges. Upon the conclusion of the hearing on the report, the Board may adopt, revise, change, reduce or modify any charge, or overrule any or all objections, insofar as such action is consistent with applicable provisions of Article XIIID of the California Constitution, and shall make its determination upon each charge as described in the report, and thereafter by resolution confirm the report. [Ord. 5290 § 13, 2019; Ord. 4448 § 3, 1997; Ord. 3406 § 15, 1983].

4.26.160 Hearing—Conduct.

Repealed by Ord. 5290. [Ord. 3406 § 16, 1983].

4.26.170 Final determination of charges.

Repealed by Ord. 5290. [Ord. 4448 § 4, 1997; Ord. 3406 § 17, 1983].

4.26.180 Filing of report with County Auditor.

On or before the tenth day of August in each year following the final determination of the Board, the Clerk shall file with the Auditor a copy of the report and the Board’s resolution, and the Auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. The time fixed for the performance of any act directed by this section may be extended by resolution of the Board to a date which will provide the Auditor with sufficient time to enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll so as to be collected on the tax roll in the same manner and at the same time as the County general ad valorem property taxes are collected. [Ord. 5290 § 13, 2019; Ord. 4261 § 1, 1993; Ord. 3406 § 18, 1983].

4.26.190 Parcels not on roll.

If the parcel is not described on the roll, the Auditor shall enter the description on the roll, together with the amounts of the charges, as shown on the report. [Ord. 5290 § 13, 2019; Ord. 3406 § 19, 1983].

4.26.200 Tax bill.

Charges levied pursuant to this chapter shall be collected at the same time and in the same manner as ordinary ad valorem taxes are collected by the County of Santa Cruz and shall have the same lien priority. The charges shall form the same basis for penalties and the same procedures for sale in case of delinquency as are provided for ad valorem taxes. The charges shall appear as a separate item on the tax bill. [Ord. 5290 § 13, 2019; Ord. 3406 § 20, 1983].

4.26.210 Collection.

All laws applicable to the levy, collection and enforcement of County ad valorem taxes, including but not limited to those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, shall be applicable to charges levied pursuant to this chapter, except that if for the first year such a service charge is levied within a district, the real property to which such 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 County property taxes would become delinquent, the charge confirmed shall not result in a lien against such real property, but instead shall be transferred to the unsecured roll for collection. [Ord. 5290 § 13, 2019; Ord. 3406 § 21, 1983].

4.26.220 Compensation of County.

The Tax Collector may, in their discretion, issue separate bills for such charges and separate receipts for collection on account of such charges. The County shall be compensated for services rendered in connection with the levy, collection and enforcement of such charges. Such compensation shall be one percent of all money collected. The compensation shall be paid into the County general fund. [Ord. 5290 § 13, 2019; Ord. 3406 § 22, 1983].

4.26.230 Alternative.

The powers authorized by SCCC 4.26.130 through 4.26.230 shall be alternative to all other powers of the County, and alternative to procedures adopted by the Board for the collection of particular service charges. [Ord. 5290 § 13, 2019; Ord. 3406 § 23, 1983].