53753
. (a) The notice, protest, and hearing requirements imposed by
this section supersede any statutory provisions applicable to the
levy of a new or increased assessment that is in existence on the
effective date of this section, whether or not that provision is in
conflict with this article. Any agency that complies with the notice,
protest, and hearing requirements of this section shall not be
required to comply with any other statutory notice, protest, and
hearing requirements that would otherwise be applicable to the levy
of a new or increased assessment, with the exception of Division 4.5
(commencing with Section 3100) of the Streets and Highways Code. If
the requirements of that division apply to the levy of a new or
increased assessment, the levying agency shall comply with the
notice, protest, and hearing requirements imposed by this section as
well as with the requirements of that division.
(b) Prior to levying a new or increased assessment, or an existing
assessment that is subject to the procedures and approval process
set forth in Section 4 of Article XIII D of the California
Constitution, an agency shall give notice by mail to the record owner
of each identified parcel. Each notice shall include the total
amount of the proposed assessment chargeable to the entire district,
the amount chargeable to the record owner's parcel, the duration of
the payments, the reason for the assessment and the basis upon which
the amount of the proposed assessment was calculated, and the date,
time, and location of a public hearing on the proposed assessment.
Each notice shall also include, in a conspicuous place thereon, a
summary of the procedures for the completion, return, and tabulation
of the assessment ballots required pursuant to subdivision (c),
including a statement that the assessment shall not be imposed if the
ballots submitted in opposition to the assessment exceed the ballots
submitted in favor of the assessment, with ballots weighted
according to the proportional financial obligation of the affected
property. An agency shall give notice by mail at least 45 days prior
to the date of the public hearing upon the proposed assessment. On
the face of the envelope mailed to the record owner, in which the
notice and ballot are enclosed, there shall appear in substantially
the following form in no smaller than 16-point bold type: "OFFICIAL
BALLOT ENCLOSED." An agency may additionally place the phrase
"OFFICIAL BALLOT ENCLOSED" on the face of the envelope mailed to the
recorded owner, in which the notice and ballot are enclosed, in a
language or languages other than English.
(c) Each notice given pursuant to subdivision (b) shall contain an
assessment ballot that includes the agency's address for receipt of
the ballot and a place where the person returning the assessment
ballot may indicate his or her name, a reasonable identification of
the parcel, and his or her support or opposition to the proposed
assessment. Each assessment ballot shall be in a form that conceals
its contents once it is sealed by the person submitting the
assessment ballot. Each assessment ballot shall be signed and either
mailed or otherwise delivered to the address indicated on the
assessment ballot. Regardless of the method of delivery, all
assessment ballots shall be received at the address indicated, or the
site of the public testimony, in order to be included in the
tabulation of a majority protest pursuant to subdivision (e).
Assessment ballots shall remain sealed until the tabulation of
ballots pursuant to subdivision (e) commences, provided that an
assessment ballot may be submitted, or changed, or withdrawn by the
person who submitted the ballot prior to the conclusion of the public
testimony on the proposed assessment at the hearing required
pursuant to subdivision (d). An agency may provide an envelope for
the return of the assessment ballot, provided that if the return
envelope is opened by the agency prior to the tabulation of ballots
pursuant to subdivision (e), the enclosed assessment ballot shall
remain sealed as provided in this section.
(d) At the time, date, and place stated in the notice mailed
pursuant to subdivision (b), the agency shall conduct a public
hearing upon the proposed assessment. At the public hearing, the
agency shall consider all objections or protests, if any, to the
proposed assessment. At the public hearing, any person shall be
permitted to present written or oral testimony. The public hearing
may be continued from time to time.
(e) (1) At the conclusion of the public hearing conducted pursuant
to subdivision (d), an impartial person designated by the agency who
does not have a vested interest in the outcome of the proposed
assessment shall tabulate the assessment ballots submitted, and not
withdrawn, in support of or opposition to the proposed assessment.
For the purposes of this section, an impartial person includes, but
is not limited to, the clerk of the agency. If the agency uses agency
personnel for the ballot tabulation, or if the agency contracts with
a vendor for the ballot tabulation and the vendor or its affiliates
participated in the research, design, engineering, public education,
or promotion of the assessment, the ballots shall be unsealed and
tabulated in public view at the conclusion of the hearing so as to
permit all interested persons to meaningfully monitor the accuracy of
the tabulation process.
(2) The governing body of the agency may, if necessary, continue
the tabulation at a different time or location accessible to the
public, provided the governing body announces the time and location
at the hearing. The impartial person may use technological methods of
tabulating the assessment ballots, including, but not limited to,
punchcard or optically readable (bar-coded) assessment ballots.
During and after the tabulation, the assessment ballots and the
information used to determine the weight of each ballot shall be
treated as disclosable public records, as defined in Section 6252,
and equally available for inspection by the proponents and the
opponents of the proposed assessment. The ballots shall be preserved
for a minimum of two years, after which they may be destroyed as
provided in Sections 26202, 34090, and 60201.
(3) In the event that more than one of the record owners of an
identified parcel submits an assessment ballot, the amount of the
proposed assessment to be imposed upon the identified parcel shall be
allocated to each ballot submitted in proportion to the respective
record ownership interests or, if the ownership interests are not
shown on the record, as established to the satisfaction of the agency
by documentation provided by those record owners.
(4) A majority protest exists if the assessment ballots submitted,
and not withdrawn, in opposition to the proposed assessment exceed
the assessment ballots submitted, and not withdrawn, in its favor,
weighting those assessment ballots by the amount of the proposed
assessment to be imposed upon the identified parcel for which each
assessment ballot was submitted.
(5) If there is a majority protest against the imposition of a new
assessment, or the extension of an existing assessment, or an
increase in an existing assessment, the agency shall not impose,
extend, or increase the assessment.
(6) The majority protest proceedings described in this subdivision
shall not constitute an election or voting for purposes of Article
II of the California Constitution or of the Elections Code.