State Codes and Statutes

State Codes and Statutes

Statutes > California > Shc > 36620-36630

STREETS AND HIGHWAYS CODE
SECTION 36620-36630



36620.  A property and business improvement district may be
established as provided in this chapter.



36620.5.  A county may not form a district within the territorial
jurisdiction of a city without the consent of the city council of
that city. A city may not form a district within the unincorporated
territory of a county without the consent of the board of supervisors
of that county. A city may not form a district within the
territorial jurisdiction of another city without the consent of the
city council of the other city.



36621.  (a) Upon the submission of a written petition, signed by the
property or business owners in the proposed district who will pay
more than 50 percent of the assessments proposed to be levied, the
city council may initiate proceedings to form a district by the
adoption of a resolution expressing its intention to form a district.
The amount of assessment attributable to property or a business
owned by the same property or business owner that is in excess of 40
percent of the amount of all assessments proposed to be levied, shall
not be included in determining whether the petition is signed by
property or business owners who will pay more than 50 percent of the
total amount of assessments proposed to be levied.
   (b) The petition of property or business owners required under
subdivision (a) shall include a summary of the management district
plan. That summary shall include all of the following:
   (1) A map showing the boundaries of the district.
   (2) Information specifying where the complete management district
plan can be obtained.
   (3) Information specifying that the complete management district
plan shall be furnished upon request.
   (c) The resolution of intention described in subdivision (a) shall
contain all of the following:
   (1) A brief description of the proposed activities and
improvements, the amount of the proposed assessment, a statement as
to whether the assessment will be levied on property or businesses
within the district, a statement as to whether bonds will be issued,
and a description of the exterior boundaries of the proposed
district. The descriptions and statements do not need to be detailed
and shall be sufficient if they enable an owner to generally identify
the nature and extent of the improvements and activities and the
location and extent of the proposed district.
   (2) A time and place for a public hearing on the establishment of
the property and business improvement district and the levy of
assessments, which shall be consistent with the requirements of
Section 36623.


36622.  The management district plan shall contain all of the
following:
   (a) A map of the district in sufficient detail to locate each
parcel of property and, if businesses are to be assessed, each
business within the district.
   (b) The name of the proposed district.
   (c) A description of the boundaries of the district, including the
boundaries of benefit zones, proposed for establishment or extension
in a manner sufficient to identify the affected lands and businesses
included. The boundaries of a proposed property assessment district
shall not overlap with the boundaries of another existing property
assessment district created pursuant to this part. This part does not
prohibit the boundaries of a district created pursuant to this part
to overlap with other assessment districts established pursuant to
other provisions of law, including, but not limited to, the Parking
and Business Improvement Area Law of 1989 (Part 6 (commencing with
Section 36500)). This part does not prohibit the boundaries of a
business assessment district created pursuant to this part to overlap
with another business assessment district created pursuant to this
part. This part does not prohibit the boundaries of a business
assessment district created pursuant to this part to overlap with a
property assessment district created pursuant to this part.
   (d) The improvements and activities proposed for each year of
operation of the district and the maximum cost thereof.
   (e) The total annual amount proposed to be expended for
improvements, maintenance and operations, and debt service in each
year of operation of the district.
   (f) The proposed source or sources of financing, including the
proposed method and basis of levying the assessment in sufficient
detail to allow each property or business owner to calculate the
amount of the assessment to be levied against his or her property or
business. The plan also shall state whether bonds will be issued to
finance improvements.
   (g) The time and manner of collecting the assessments.
   (h) The specific number of years in which assessments will be
levied. In a new district, the maximum number of years shall be five.
Upon renewal, a district shall have a term not to exceed 10 years.
Notwithstanding these limitations, a district created pursuant to
this part to finance capital improvements with bonds may levy
assessments until the maximum maturity of the bonds. The management
district plan may set forth specific increases in assessments for
each year of operation of the district.
   (i) The proposed time for implementation and completion of the
management district plan.
   (j) Any proposed rules and regulations to be applicable to the
district.
   (k) A list of the properties or businesses to be assessed,
including the assessor's parcel numbers for properties to be
assessed, and a statement of the method or methods by which the
expenses of a district will be imposed upon benefited real property
or businesses, in proportion to the benefit received by the property
or business, to defray the cost thereof, including operation and
maintenance. The plan may provide that all or any class or category
of real property which is exempt by law from real property taxation
may nevertheless be included within the boundaries of the district
but shall not be subject to assessment on real property.
   (l) Any other item or matter required to be incorporated therein
by the city council.



36623.  (a) If a city council proposes to levy a new or increased
property assessment, the notice and protest and hearing procedure
shall comply with Section 53753 of the Government Code.
   (b) If a city council proposes to levy a new or increased business
assessment, the notice and protest and hearing procedure shall
comply with Section 54954.6 of the Government Code, except that
notice shall be mailed to the owners of the businesses proposed to be
assessed. A protest may be made orally or in writing by any
interested person. Every written protest shall be filed with the
clerk at or before the time fixed for the public hearing. The city
council may waive any irregularity in the form or content of any
written protest. A written protest may be withdrawn in writing at any
time before the conclusion of the public hearing. Each written
protest shall contain a description of the business in which the
person subscribing the protest is interested sufficient to identify
the business and, if a person subscribing is not shown on the
official records of the city as the owner of the business, the
protest shall contain or be accompanied by written evidence that the
person subscribing is the owner of the business. A written protest
which does not comply with this section shall not be counted in
determining a majority protest. If written protests are received from
the owners of businesses in the proposed district which will pay 50
percent or more of the assessments proposed to be levied and protests
are not withdrawn so as to reduce the protests to less than 50
percent, no further proceedings to levy the proposed assessment
against such businesses, as contained in the resolution of intention,
shall be taken for a period of one year from the date of the finding
of a majority protest by the city council.



36624.  At the conclusion of the public hearing to establish the
district, the city council may adopt, revise, change, reduce, or
modify the proposed assessment or the type or types of improvements
and activities to be funded with the revenues from the assessments.
Proposed assessments may only be revised by reducing any or all of
them. At the public hearing, the city council may only make changes
in, to, or from the boundaries of the proposed property and business
improvement district that will exclude territory that will not
benefit from the proposed improvements or activities. Any
modifications, revisions, reductions, or changes to the proposed
assessment district shall be reflected in the notice and map recorded
pursuant to Section 36627.



36625.  (a) If the city council, following the public hearing,
decides to establish the proposed property and business improvement
district, the city council shall adopt a resolution of formation that
shall contain all of the following:
   (1) A brief description of the proposed activities and
improvements, the amount of the proposed assessment, a statement as
to whether the assessment will be levied on property or businesses
within the district, a statement about whether bonds will be issued,
and a description of the exterior boundaries of the proposed
district. The descriptions and statements do not need to be detailed
and shall be sufficient if they enable an owner to generally identify
the nature and extent of the improvements and activities and the
location and extent of the proposed district.
   (2) The number, date of adoption, and title of the resolution of
intention.
   (3) The time and place where the public hearing was held
concerning the establishment of the district.
   (4) A determination regarding any protests received. The city
shall not establish the district or levy assessments if a majority
protest was received.
   (5) A statement that the properties or businesses in the district
established by the resolution shall be subject to any amendments to
this part.
   (6) A statement that the improvements and activities to be
provided in the district will be funded by the levy of the
assessments. The revenue from the levy of assessments within a
district shall not be used to provide improvements or activities
outside the district or for any purpose other than the purposes
specified in the resolution of intention, as modified by the city
council at the hearing concerning establishment of the district.
   (7) A finding that the property or businesses within the area of
the property and business improvement district will be benefited by
the improvements and activities funded by the assessments proposed to
be levied.
   (b) The adoption of the resolution of formation and recordation of
the notice and map pursuant to Section 36627 shall constitute the
levy of an assessment in each of the fiscal years referred to in the
management district plan.



36626.  If the city council, following the public hearing, desires
to establish the proposed property and business improvement district,
and the city council has not made changes pursuant to Section 36624,
or has made changes that do not substantially change the proposed
assessment, the city council shall adopt a resolution establishing
the district. The resolution shall contain all of the information
specified in paragraphs (1) to (8), inclusive, of subdivision (b) of
Section 36625, but need not contain information about the preliminary
resolution if none has been adopted.



36627.  Following adoption of the resolution establishing the
district pursuant to Section 36625 or 36626, the clerk of the city
shall record a notice and an assessment diagram pursuant to Section
3114. If the assessment is levied on businesses, the text of the
recorded notice shall be modified to reflect that the assessment will
be levied on businesses, or specified categories of businesses,
within the area of the district. No other provision of Division 4.5
(commencing with Section 3100) applies to an assessment district
created pursuant to this part.



36628.  The city council may establish one or more separate benefit
zones within the district based upon the degree of benefit derived
from the improvements or activities to be provided within the benefit
zone and may impose a different assessment within each benefit zone.
If the assessment is to be levied on businesses, the city council
may also define categories of businesses based upon the degree of
benefit that each will derive from the improvements or activities to
be provided within the district and may impose a different assessment
or rate of assessment on each category of business, or on each
category of business within each zone.



36628.5.  The city council may levy assessments on businesses or on
property owners, or a combination of the two, pursuant to this part.
The city council shall structure the assessments in whatever manner
it determines corresponds with the distribution of benefits from the
proposed improvements and activities.


36629.  All provisions of this part applicable to the establishment,
modification, or disestablishment of a property and business
improvement district apply to the establishment, modification, or
disestablishment of benefit zones or categories of business. The city
council shall, to establish, modify, or disestablish a benefit zone
or category of business, follow the procedure to establish, modify,
or disestablish a parking and business improvement area.



36630.  If a property and business improvement district expires due
to the time limit set pursuant to subdivision (h) of Section 36622, a
new management district plan may be created and a new district
established pursuant to this part.