Chapter 8. Alternative Revenues of California Health And Safety Code >> Division 12. >> Part 2.7. >> Chapter 8.
Whenever the district board determines that the amount of
revenue available to the district or any of its zones is inadequate
to meet the costs of providing services pursuant to Section 13862,
the board may raise revenues pursuant to this chapter or any other
provision of law.
A district may levy a special tax pursuant to Article 3.5
(commencing with Section 50075) of Chapter 1 of Part 1 of Division 1
of Title 5 of the Government Code.
A district may levy a special tax pursuant to the Mello-Roos
Community Facilities Act of 1982, Chapter 2.5 (commencing with
Section 53311) of Part 1 of Division 2 of Title 5 of the Government
A district may levy a special tax pursuant to Article 16
(commencing with Section 53970) of Chapter 4 of Part 1 of Division 2
of Title 5 of the Government Code. However, the tax shall not require
a higher rate of payment or other measure of tax on the part of new
construction than on the part of other real property.
A district may levy an assessment for fire suppression
services pursuant to Article 3.6 (commencing with Section 50078) of
Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code.
A district may levy assessments to finance capital
improvements pursuant to the Improvement Act of 1911, Division 7
(commencing with Section 5000), the Improvement Bond Act of 1915,
Division 10 (commencing with Section 8500), and the Municipal
Improvement Act of 1913, Division 12 (commencing with Section 10000)
of the Streets and Highways Code.
(a) A district board may charge a fee to cover the cost of
any service which the district provides or the cost of enforcing any
regulation for which the fee is charged. No fee shall exceed the
costs reasonably borne by the district in providing the service or
enforcing the regulation for which the fee is charged. A district
board shall not charge a fee on new construction or development for
the construction of public improvements or facilities or the
acquisition of equipment.
(b) The district board shall adopt an ordinance establishing a
schedule of fees. Before either approving an increase in an existing
fee or initially imposing a new fee, the district board shall publish
notice of its intention to establish a schedule of fees pursuant to
Section 6066 of the Government Code. The notice shall state the time
and place of the meeting, including a general explanation of the
matter to be considered, and a statement that the data required by
subdivision (d) is available.
(c) The district board shall mail the notice of the meeting at
least 14 days before the meeting to any interested party who has
filed a written request with the district board for mailed notice of
the meeting on new or increased fees. Any written request for mailed
notice is valid for one year from the date on which it is filed
unless a renewal request is filed. Renewal requests for mailed notice
shall be filed on or before April 1 of each year. The district board
may establish a reasonable annual charge for sending these notices
based on the estimated cost of providing that service.
(d) At least 10 days before the meeting, the district board shall
make available to the public, data indicating the amount of cost, or
estimated cost, required to provide the service or the cost of
enforcing any regulation for which the fee is charged and the revenue
sources anticipated to provide the service or the cost of enforcing
any regulation, including general fund revenues.
(e) Any costs incurred by a district in conducting the meeting
required by this section may be recovered from fees charged for the
service or the cost of enforcing any regulation which were the
subject of the meeting.
(f) At the meeting, the district board shall hear and consider any
objections or protests to the proposed schedule of fees.
A district board may charge residents or taxpayers of the
district a fee authorized pursuant to Section 13916 which is less
than the fee which it charges to nonresidents or nontaxpayers of the
Notwithstanding Section 6103 of the Government Code, a
district board may charge a fee authorized pursuant to Section 13916
to other public agencies.
A district board may waive payment of a fee authorized
pursuant to Section 13916 when it determines that payment would not
be in the public interest. Before waiving payment of any fee, a
district board shall adopt a resolution which specifies the policies
and procedures governing waivers.