Section 53758 Of Article 4.6. Proposition 218 Omnibus Implementation Act From California Government Code >> Division 2. >> Title 5. >> Part 1. >> Chapter 4. >> Article 4.6.
53758
. For purposes of Article XIII C of the California
Constitution and this article:
(a) "Specific benefit" means a benefit that is provided directly
to a payor and is not provided to those not charged. A specific
benefit is not excluded from classification as a "specific benefit"
merely because an indirect benefit to a nonpayor occurs incidentally
and without cost to the payor as a consequence of providing the
specific benefit to the payor.
(b) "Specific government service" means a service that is provided
by a local government directly to the payor and is not provided to
those not charged. A specific government service is not excluded from
classification as a "specific government service" merely because an
indirect benefit to a nonpayor occurs incidentally and without cost
to the payor as a consequence of providing the specific government
service to the payor. A "specific government service" may include,
but is not limited to, maintenance, landscaping, marketing, events,
and promotions.
(c) The local government bears the burden of proving by a
preponderance of the evidence that a levy, charge, or other exaction
imposed for a specific benefit or specific government service is not
a tax, that the amount is no more than necessary to cover the
reasonable costs to the local government in providing the specific
benefit or specific government service, and that the manner in which
those costs are allocated to a payor bear a fair or reasonable
relationship to the specific benefits or specific government services
received by the payor.