State Codes and Statutes

State Codes and Statutes

Statutes > California > Wat > 35539-35539.4

WATER CODE
SECTION 35539-35539.4



35539.  In addition to, and as an alternative to, the powers
contained in this division, the board may by resolution determine and
declare that it is necessary to levy a special assessment of an
equal amount upon each acre of developed land, upon each acre of
undeveloped land, or both, within the district or within zones
established pursuant to Sections 35534 and 35535 in order to cause
just and equitable sharing among the district's landowners of all or
any portion of the district obligations for the next year in excess
of receipts from water charges, as reflected in the district's annual
estimate of obligations filed pursuant to Section 36552 or 37206,
and such resolution shall declare that a public hearing shall be held
thereon at a specified time and place at which all interested
persons may appear and be heard.



35539.1.  The resolution shall be published pursuant to Section 6066
of the Government Code in a newspaper of general circulation
published in each county in which district lands are located. A copy
of the resolution shall be mailed, postage prepaid, to each holder of
title to land within the district as shown by the last equalized
assessment roll of the district, or, if the district has theretofore
elected to use the last equalized county assessment roll or rolls for
district assessment purposes, a copy of the resolution shall be
mailed, postage prepaid, to each holder of title to land of the
county or counties in which district lands are located.
   The hearing may be adjourned from time to time at the discretion
of the board and at its conclusion the board may determine and by a
new resolution declare the amount of and levy a special assessment
upon each acre of developed land in an equal amount per acre, upon
each acre of undeveloped land in an equal amount per acre, or both,
within the district, or within zones, sufficient to defray all or any
part of the district obligations for the next year in excess of
receipts from water charges, as reflected in the district's annual
statement of obligations filed pursuant to Section 36554 or 37206.



35539.2.  No levy of assessment shall be made pursuant to this
article unless the resolution pursuant to the hearing is properly
made and entered in the records of the district at least 31 days
before the time for levying such assessment.


35539.3.  If, after the board adopts the resolution of intent to
levy and before 30 days after the resolution pursuant to the hearing,
the board receives a petition containing the signatures of persons
holding title to 5 percent of the land area within the district, the
board shall call an election of the qualified voters in the district
and submit the resolution to levy the special assessment to the
voters for their approval or rejection. When an election is required
pursuant to this section, no levy of assessment pursuant to this
article shall be made unless and until the election required by this
section is held and the assessment is approved by a majority vote of
the qualified voters of the district in such election. The election
required in this section shall be called and noticed, held and
conducted in the manner provided for bond elections of the district.



35539.4.  The resolution pursuant to the hearing, or, when required,
the proposition submitted to the qualified voters of the district
pursuant to Section 35539.3, shall specify the due date for such
special assessment and may provide that it is payable in two equal
installments, the first of which shall be delinquent if not paid
within five calendar months after the due date and the second of
which shall be delinquent if not paid within nine calendar months
after the due date, and, if no such provision for payment in
installments is made, such resolution or, when required, such
election proposition, shall provide that the entire special
assessment becomes delinquent if not paid within six months after the
due date.
   The special assessment shall be collected pursuant to the
provisions of Chapters 3, 4, 5 and 6 of Part 7 of this division.