HomeMy WebLinkAboutORDINANCES - 05261987 - 87-39 R.
ORDINANCE NO. 87-39
AN ORDINANCE OF THE RIVERVIEW FIRE
P PROTECTION DISTRICT ESTABLISHING BENEFIT A ASSESSMENT
P' TO FINANCE FIRE SUPPRESSION SERVICES
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Ther- Board of Supervisors of Contra Costa County, as and
constituting the Board of Directors of the Riverview Fire
Protection District, ordains as follows:
SECTION 1 : AUTHORIZATION AND PURPOSES . This ordinance and the
benefit assessment authorized herein is adopted pursuant to
Government Code §§ 50078 et seq. The purpose for which this
benefit assessment is levied is to establish a stable District
source of funds to obtain, furnish, operate .and maintain fire
suppression equipment and services , and for the purpose of paying
salaries and benefits of fire fighting personnel , whether or not
fire suppression is actually used.
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SECTION 2 : CURRENT FUNDING. Fire suppression services within
thi's district are being funded by an allocation of property tax
revenues and non-property tax' revenues such as permit fees .
SECTION 3 : DETERMINATION OF NECESSITY. The level of fire
suppression services that can be provided by existing revenue
sources have been determined to be inadequate to meet the current
and future needs of this Fire District.
SECTION 4 . LIMITATION UPON EXPENDING ASSESSMENT PROCEEDS. Any
funds collected from the benefit assessment authorized by this
ordinance shall be expended only for fire suppression services
within the District. Any unexpended funds raised by the
assessment remaining at the end of any fiscal year shall be
carried over for the same purpose for the next fiscal year.
SECTION 5 . DEFINITIONS. The following definitions shall apply
thr;bughout this ordinance :
(a) "Assessment" shall mean the benefit assessment
authorized by and imposed pursuant to this ordinance.
(b) "Board" means the Board of Supervisors as the Board of
Directors of the Riverview Fire Protection District.
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(c) "Commercial" means parcels assigned the following use
codes by the Assessor of Contra Costa County:
30 ,j� 31, 32, 33, 34, 35, 36, 37 , 38, 391 40 , 41, 42, 431 44, 45,
46,i; 47 , 48, 49 .
(d) "Fiscal year" means the period of July 1 through the
following June 30 .
(e) "Industrial" means parcels assigned the following use
cod'es by the Assessor of Contra Costa County:
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5011 51, 52 , 53, 54 , 55 , 56, 57 , 58 , 59 .
( f) "Institutional" means parcels assigned the following use
codes by the Assessor of Contra Costa County:
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701'i 711 72, 73, 74, 75, 76, 77, 78, 79 .
(g) "Land" means parcels assigned the following use codes by
the Assessor of Contra Costa County:
60 ,11, .61, 62 , 63, 64 , 65, 661 67, 68, .69 .
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(h) "Miscellaneous" means parcels assigned the following
use1codes by the Assessor of Contra Costa County:
80, 181, 82 , 83, 84, 85, 861 87 , 88, 89 , 99 .
( i ) "Multiple" means residential parcels assigned the
following use codes by the Assessor of Contra Costa County:
20, ',; 21, 22 , 23, 24 , 25 , 26, 27 , 28.
( j ) "Parcel of real property" or "parcel" means a separate
parcel of real property and any improvements thereon, designated
by an assessor' s parcel map and parcel number and-carried on the
secured property tax roll on Contra Costa County, or an assessment
of the same property on the unsecured Contra Costa County tax
roils , or an assessment made by the state board of equalization.
(k) "Residential parcel" means parcels assigned the
following use codes by the Assessor of Contra Costa County.
10 ,1, 11, 12 , 13, 14 , 15, 16, 17 , 18, 19 , 29 .
(1) "Use Code" means the code number assigned by the
Assessor of Contra Costa County in order to classify parcels
according to use for ad valorem property tax purposes. The copy
of the Assessor' s use code classification chart is attached hereto
as Exhibit "A" and incorporated herein.
SECTION 6 . AMOUNT AND LEVY OF ASSESSMENT. A benefit
assessment to raise revenue to fund fire suppression services is
hereby levied upon real property within the District for Fiscal
Year 1987-88 at the amount of assessment set forth below for each
paricel for the initial fiscal year ( 1987-88) . For subsequent
fislcal years assessment will be levied as hereinafter provided.
SECTION 7 . AMOUNT AND RATE OF ASSESSMENT. The amount and
rate of assessment for initial and each subsequent fiscal year
authorized by this ordinance on each parcel in the District shall
be as follows :
DESCRIPTION INITIAL ASSESS- MAXIMUM ASSESS-
(Use Code) (Explanation) MENT PER PARCEL MENT PER PARCEL
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1. �; Residential :
�. 10 Vacant - Unbuildable $ 7 . 50 $ 15. 00
11 Single Family Res -
�I l res, 1 site $ 15. 00 $ 30. 00
12 Single Fam.Res . -
1 res 2 or more sites $ 15. 00 $ 30 . 00
13 Single Fam. Res . -
2 res on 1 or more sites $ 30. 00 $ 60 . 00
14 Single Fam. Res . other
than Sing. fam. land $ 15. 00 $ 30 . 00
15 Misc. improvements -
1 site $ 7 . 50 $ 15 . 00
16 Misc. improvements -
2 or more sites $ 7 . 50 $ 15 . 00
17 Vacant - 1 site $ 7.50 $ 15. 00
18 Vacant - 2 or more sites $ 15 . 00 $ 30 . 00
19 Single Fam. Res . -
det. w/common area $ 15. 00 $ 30 . 00
29 Attached PUDs : Cluster
homes, condos , etc. $ 15. 00 $ 30 . 00
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ORDINANCE NO. 87-39
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INITIAL ASSESS- MAXIMUM ASSESS-
MENT PER PARCEL MENT PER PARCEL
2 . Multiple:
20 Vacant - Multiple $ 7 . 50 $ 15. 00
21 Duplex $ 30 . 00 $ 60.00
22 Triplex $ 30. 00 $ 60. 00
23 Fourplex $ 30.00 $ 60.00
24 Combinations $ 30. 00 $ 60 .00
25 Apartments ( 5-12 units ) $ 75. 00 $150.00
26 Apartments ( 13-24 units) $105. 00 $210 .00
27 Apartments (25-59 units ) $150. 00 $300. 00
28 Apartments ( 60+ units) $150 . 00 $300 .00
3. Commercial :
30 Vacant - commercial $ 7.50 $ 15. 00
31 Commercial stores - not
supermarkets $ 45. 00 $ 90.00
32 Small grocery stores
( 7-11, etc. ) $ 45. 00 $ 90. 00
33 Office Buildings $ 60. 00 $120.00
34 Medical , dental $ 60. 00 $120 . 00
35 Service stations , car wash $ 60. 00 $120.00
36 Garages $ 60.00 $120 . 00
37 Community Facilities
(recreational, etc. ) $ 30. 00 $ 60 . 00
38 Golf Courses $ 75. 00 $150.00
39 Bowling Alleys $ 75. 00 $150. 00
40 Boat Harbors $ 90 . 00 $180.00
41 Supermarkets (not in
shopping centers ) $ 90 . 00 $180 .00
42 Shopping Centers ( incl .
vacant for future) $105. 00 $210. 00
43 Financial Buildings (Ins. ,
Title, Banks , S&L) $ 60. 00 $120 . 00
44 Motels , Hotels & Mobile
Home Parks $ 75.00 $150. 00
45 Theaters $ 75. 00 $150. 00
46 Drive-in Restaurants $ 45. 00 $ 90 . 00
47 Restaurants (Not Drive-in) $ 75. 00 $150. 00
48 Multiple & Commercial $ 75.00 $150 . 00
49 New Car Auto Agencies $ 75 . 00 $150. 00
4 . Industrial •
50 Industrial Vacant Land
(not indus . park) $ 75 . 00 $150 .00
51 Industrial Park $105. 00 $210.00
52 Research & Development
(w/ or w/o structures ) $105. 00 $210 . 00
53 Light Industrial $105. 00 $210. 00
54 Heavy Industrial $150. 00 $300. 00
55 Unassigned $105. 00 $210.00
56 Miscellaneous Improvements $105 . 00 $210 .00
57 Unassigned $105. 00 $210. 00
58 Unassigned $105 . 00 $210 .00
59 Unassigned $105.00 $210 . 00
5. Land:
60 Unassigned (Land) $ 15 . 00 $ 30.00
61 Rural , Res. Improv. ,
lA - 10A $ 15. 00 $ 30.00
62 Rural, w/ or w/o misc.
struct. lA - 10A $ 15. 00 $ 30. 00
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ORDINANCE NO. 87-39
INITIAL ASSESS- MAXIMUM ASSESS-
MENT PER PARCEL MENT PER PARCEL
63 Urban Acreage 10A - 40A $ 30. 00 $ 60.100
64 Urban Acreage 40A & over $ 45. 00 $ 90 . 00
65 Orchards/Vineyards 10A - 40A $ 15. 00 $ 30. 00
66 Orchards/Vineyards 40A &
over $ 15. 00 $ 30 . 00
67 Dry Farming 10A - 40A $ 30. 00 $ 60. 00
68 Dry Farming 40A & over $ 45. 00 $ 90. 00
69 Agricultural Preserves $ 30. 00 $ 60. 00
6. Institutional :
70 Convalescent Hospitals/
Rest Homes $ 90 . 00 $180. 00
71 Churches $ 45. 00 $ 90 . 00
72 Schools (Public or Private) $ 75. 00 $150 . 00
73 Hospitals $90. 00 $180. 00
74 Cemetaries/Mortuaries $ 45. 00 $ 90 .00
75 Fraternal & Service
Organizations 1 $ 60. 00 $120.00
76 Retirement Housing
Complex $150. 00 $300. 00
77 Cultural Uses
(Libraries ) $ 45. 00 $ 90 . 00
78 Parks & Playgrounds $ 15. 00 $ 30 . 00
79 Government Owned
(Fed. , State, City, BART)
7 . Miscellaneous :
80 Mineral Rights
81 Private Roads $ 7.50 $ 15. 00
82 Pipelines & Canals $ 60 .00 $120 . 00
83 State Board Assessed $ 45. 00 $ 90 .00
84 Utilities (Not Assessed
by State Board) $ 45. 00 $ 90 .00
85 Public & Private Parking $ 15 . 00 $ 30 . 00
86 Municipally Owned
Properties
87 Common Area $ 30 . 00 $ 60.00
88 Mobile Homes $ 15 . 00 $ 30. 00
89 Other (Split Parcels in
diff. tax code areas ) $ 15. 00 $ 30 . 00
99 Awaiting Assignment , $ 15. 00 $ 30. 00
SECTION 8 . SUBSEQUENT FISCAL YEAR ASSESSMENT. Prior to the end
of each July, the Board shall levy an assessment pursuant to this
ordinance upon parcels in the District for the next fiscal year
in amounts not exceeding the foregoing maximum per parcel.
SECTION 9. The assessment levied on each parcel pursuant to this
ordinance shall be a charge upon the parcel and shall be due and
collectable as set forth in Section 10, below. A complete listing
of the amount of assessment on each parcel shall be maintained by
the Chief of the District and be available for public inspection
at the District headquarters during the remainder of the fiscal
year for which such assessment is levied.
SECTION 10 . COLLECTION AND COUNTY COSTS. The County shall
collect the benefit assessment adopted herein for the initial
Fiscal Year 1987-88 and for subsequent .fiscal years in the same
manner, and subject to the same penalties as , other fees , charges ,
and taxes fixed and collected by, or on behalf of the District and
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ORDINANCE NO. 87-39
Contra Costa County. For its collection cost, the County may
deduct its reasonable costs incurred for that service before
remittal of the balance to the District.
SECTION 11 . CORRECTIONS, CANCELLATIONS AND REFUNDS. In so far
as feasible and not inconsistant with this ordinance, the times
and procedures regarding exemptions, due dates , installment
payments , corrections , cancellations , refunds , late payments,
penalties , liens , and collections for secured roll ad valorim
property taxes should be applicable to the collection of this
assessment. Notwithstanding to anything to the contrary in the
foregoing, as to any subsequent year assessment levied under this
ordinance the secured roll tax bills shall be the only notices
required.
SECTION 12. ASSESSMENT LIMITATIONS.
(a) Assessor' s records. The records of the County Assessor
as of March 1 of each year shall determine for the next fiscal
year the use code designation for parcel assessment and whether a
residential, commercial or industrial structure exists (and the
size thereof) for the purposes of assessment pursuant to this
ordinance .
(b) Public property. The benefit assessment established by
this .ordinance shall not be imposed on a federal, state or local
agency.
(c) State Responsibility area. A benefit assessment shall
not be levied for wild land or watershed fire suppression on land
located in a state responsibility area as defined in Section 4102
of the Public Resources Code.
(d) Agricultural lands . Benefit assessments levied on land
devoted primarily to agricultural, timber, or livestock uses, and
being used for the commercial production of agricultural, timber,
or livestock products, shall be related to the relative risk to
the land and its products pursuant to Government Code Section
50078 .6 (b) .
(e) Low value exemption. All parcels of real property which,
prior to the levy of the benefit assessment allowed by this
ordinance, are exempt from property tax pursuant to Revenue and
Taxation Code § 155. 20 , shall be exempt from said benefit
assessment.
SECTION 13 . PROTEST. On April 21 and 28, 1987 , the Board
conducted a public hearing on the establishment of the benefit
assessment levied (and to be levied) by this ordinance. Any
written protests filed with the Clerk of this Board prior to the
hour of the notice of public hearing on the matter by those who
will. be obligated to pay the benefit assessment represent less
than 5% of the total amount of expected revenue on the assessment.
SECTION 14 . ELECTION. Pursuant to Government code § 50078. 15, no
election is required to approve the levying of the benefit
assessment for fire suppression services authorized by this
ordinance. But, the Board proposes an advisory district election
on November 3 , 1987 to obtain an indication of voter opinion
regarding the levy of benefit assessments after Fiscal Year 1987-
88.
SECTION 15 . SUNSET STATUTE. This ordinance is adopted pursuant
to Article 3 .6 (§§ 50078 et seq. ) of the California Government
Code. Section 50078.18 provides that Article 3 .6 shall remain in
effect only until January 1, 1991, and as of that date is
repealed.
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ORDINANCE NO. 87-39
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SECTION 16 . SEVERABILITY. If any assessment or provision of
this ordinance is held invalid or unenforceable by a court of
competent jurisdiction, that holding shall not effect the validity
or enforcebility of the remaining assessment or provisions of this
ordinance, and' the Board declares that it would have adopted each
part of this ordinance or other assessment irrespective of the
invalidity of any other part or assessment.
SECTION 17 . EFFECTIVE DATE. This ordinance shall become
effective 60 days after passage, and within 15 days of passage,
shall be published once with the names of Supervisors voting for
or against it in the Antioch Daily Ledger , a newspaper
of general circulation published within the County and District.
PASSED and ADOPTED on May 26, 1987 by the following vote.
AYES: Supervisors Powers, Fanden, McPeak and Torlakson.
NOES: Supervisor Schroder.
ABSENT: None.
ABSTAIN: None.
ATTEST: Phil Batchelor, Clerk
of the Board of Supervisors and
County Administrator
Deputy
Chairperson, Board of
Supe visors
Supe visor
C'
Supervis
I l�
Supervisor
Supervisor
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ORDINANCE NO. 87-39