CHAPTER 7. BUSINESS IMPROVEMENT DISTRICTS

Article 1. Walnut Creek Downtown Business Improvement District Section

8-7.101 Establishment of District.

Pursuant to Section 36500 et seq. of the Streets and Highways Code of the State of California, a business improvement area to be designated as Walnut Creek Downtown Business Improvement District is hereby created and established. (§1, Ord. 1759, eff. 3/14/91; §4, Ord. 2128, eff. 5/1/14; §4, Ord. 2192, eff. 5/3/19; §4, Ord. 2217, eff. 6/17/22. Formerly 8-7.01)

8-7.102 Description of District Boundaries.

The Walnut Creek Downtown Business Improvement District shall contain all of the real property within the boundaries so described in Ordinance No. 2043 or such subsequent ordinance as may be adopted from time to time by the City Council. (§1, Ord. 1759, eff. 3/14/91; §4, Ord. 2128, eff. 5/1/14; §4, Ord. 2192, eff. 5/3/19; §4, Ord. 2217, eff. 6/17/22. Formerly 8-7.02)

Article 2. Walnut Creek South Downtown Business Improvement District Section

8-7.201 Establishment of District.

Pursuant to Section 36500 et seq. of the Streets and Highways Code of the state of California, a business improvement area to be designated as Walnut Creek South Downtown Business Improvement District is hereby created and established. (§2, Ord. 2089, eff. 7/2/10; §4, Ord. 2128, eff. 5/1/14; §4, Ord. 2192, eff. 5/3/19; §4, Ord. 2217, eff. 6/17/22.)

8-7.202 Description of District Boundaries.

The Walnut Creek South Downtown Business Improvement District shall contain all of the real property within the boundaries so described in Ordinance No. 2089 or such subsequent ordinance as may be adopted from time to time by the City Council. (§3, Ord. 2089, eff. 7/2/10; §4, Ord. 2128, eff. 5/1/14; §4, Ord. 2192, eff. 5/3/19; §4, Ord. 2217, eff. 6/17/22.)

Article 3. Additional BID and SBID Provisions

8-7.301 Uses of Revenues.

The purposes for which the funds raised by said benefit assessment in the Walnut Creek Downtown Business Improvement District and the Walnut Creek South Downtown Business Improvement District shall be devoted to the statutory purposes set forth in Sections 36510 and 36513 of the California Streets and Highways Code, which may include but are not limited to the following improvements and activities:

a. General promotion of business activities within each district;

b. Promotion of public events which benefit businesses within each district and which are to take place on or in public places within the district;

c. Decoration of any public place within each district;

d. Acquisition, construction, installation or maintenance of improvements identified in Section 36510 of the California Streets and Highways Code. (§7, Ord. 2089, eff. 7/2/10; §4, Ord. 2128, eff. 5/1/14; §4, Ord. 2192, eff. 5/3/19; §4, Ord. 2217, eff. 6/17/22. Formerly 8-7.206)

8-7.302 System of Charges.

a. Except where funds are otherwise available, assessments shall be levied annually to pay for improvements and activities within the area. The method and basis for levying such assessments are set forth by ordinance as may be adopted from time to time by the City Council of the City of Walnut Creek.

b. The charges hereby assessed shall be paid at the same time and in the same manner that business license taxes imposed by the Walnut Creek Municipal Code are due and payable.

c. No business owner shall fail or refuse to pay the charge hereby imposed. Any business owner who fails to pay the assessment levied shall first receive notice of such failure to pay and thirty (30) days to remit the full amount due. If the business owner continues to refuse to pay, an action may be brought by the City of Walnut Creek in Municipal Court in order to secure payment of the assessment and penalty.

d. If a business falls into more than one (1) business category as set forth by ordinance, the business owner shall be assessed the highest charge of any one (1) of those businesses, when considered individually, according to their classification.

e. There shall be no additional charge for any business which transfers the same business to any other location within the same district. (§1, Ord. 1759, eff. 3/14/91; §4, Ord. 2128, eff. 5/1/14; §4, Ord. 2192, eff. 5/3/19; §4, Ord. 2217, eff. 6/17/22. Formerly 8-7.03)

8-7.303 Exemption for Home Occupiers.

A business conducted pursuant to a valid home occupation permit issued according to Title 10 shall be exempt from the assessment levied by this article. (§2, Ord. 2089, eff. 7/2/10; §4, Ord. 2128, eff. 5/1/14; §4, Ord. 2192, eff. 5/3/19; §4, Ord. 2217, eff. 6/17/22. Formerly 8-7.205)

8-7.304 Advisory Board/Annual Report.

a. Appointment. The City Council shall appoint an advisory board or boards pursuant to Section 36530 of the California Streets and Highways Code in order to make recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on proposed improvements and activities, on the classification of businesses, and on the method and basis of levying assessments.

b. Annual Report. The advisory board shall prepare a report for each fiscal year for which subsequent assessments are to be levied. The report shall be filed with the City Clerk and shall comply with all the requirements of Section 36533 of the California Streets and Highways Code. The report shall be approved as filed or modified. No change in the basis or method of levying assessments which would impair an executed contract to be paid from the revenues derived from the assessments shall be approved by the City Council. (§8, Ord. 2089, eff. 7/2/10; §4, Ord. 2128, eff. 5/1/14; §4, Ord. 2192, eff. 5/3/19; §4, Ord. 2217, eff. 6/17/22. Formerly 8-7.207)

8-7.305 Subsequent Annual Levy of Assessments.

a. Annual Resolution of Intention. After approval of the annual report filed by the advisory board, the City Council, in order to renew the assessments, shall adopt a resolution of intention to levy and collect assessments for the subject fiscal year pursuant to Section 36534 of the California Streets and Highways Code. The resolution shall be published once in a local newspaper and shall set the time and place for a public hearing on the levy of assessments for that fiscal year.

b. Annual Public Hearing. The City Council shall, pursuant to Section 36535 of the California Streets and Highways Code, hold an annual public hearing on the levy of assessments as specified in the resolution of intention.

c. Resolution Confirming Annual Report and Levy of Assessments. At the conclusion of the annual public hearing, in order to levy assessments for the subject fiscal year, the City Council shall, by resolution, confirm the annual report as filed or modified. Adoption of this resolution shall constitute the levy of assessments for the fiscal year referred to in the annual report. (§9, Ord. 2089, eff. 7/2/10; §4, Ord. 2128, eff. 5/1/14; §4, Ord. 2192, eff. 5/3/19; §4, Ord. 2217, eff. 6/17/22. Formerly 8-7.208)

8-7.306 Boundary and Assessment Modifications.

The City Council may, at the advisory board's recommendation, modify the boundaries or assessments established pursuant to this article; the modifications shall be made pursuant to the requirements of the Act, but no assessment shall be modified which would impair the ability of each district to meet the obligation of a contract to be paid from the revenues derived from the levy of assessments. Such changes shall be made by ordinance adopted after a hearing before the City Council or by resolution, if approved in conjunction with confirmation of the annual report. (§10, Ord. 2089, eff. 7/2/10; §4, Ord. 2128, eff. 5/1/14; §4, Ord. 2192, eff. 5/3/19; §4, Ord. 2217, eff. 6/17/22. Formerly 8-7.209)

8-7.307 Collection of Assessment.

The assessment authorized by this article shall be billed annually by the City with all funds collected placed in an account separate from the City's general fund to be expended in accordance with this article and subsequent resolutions and fund management agreements. The levy of assessments will be accomplished by mailing assessment notices to all businesses as herein defined within each district by first class mail by July 1st of each year, to be due and payable by July 31st. (§11, Ord. 2089, eff. 7/2/10; §4, Ord. 2128, eff. 5/1/14; §4, Ord. 2192, eff. 5/3/19; §4, Ord. 2217, eff. 6/17/22. Formerly 8-7.210)

8-7.308 Penalty for Delinquent Payment.

Unpaid benefit assessments shall be subject to the same penalties as those imposed for failure to pay business license taxes as set forth in Section 8-6.24. (§12, Ord. 2089, eff. 7/2/10; §4, Ord. 2128, eff. 5/1/14; §4, Ord. 2192, eff. 5/3/19; §4, Ord. 2217, eff. 6/17/22. Formerly 8-7.211)