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Home My WebLink About93-03 TCSD ResolutionRESOLUTION NO.CSD 93-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AMENDING THE PROCESS FOR APPEALING TIlE ADOPTION OF RATES AND CHARGES AGAINST PROPERTY WITraN THE TEMECULA COMMUNITY SERVICES DISTRICT WHEREAS, upon incorporation of the City of Temecula, California (the "City") effective December 1, 1989, voters also approved the formation of the Temecula Community Services District (the "TCSD"), which has the same area and boundaries as the City and whose Board of Directors (the "Board") consists of the members of the City Council of the City; and WHERF_,AS, the TCSD has annually, adopted rates and charges for community services and parks, recreation facilities, services and programs, operation, maintenance, services and administration of street lighting, slope maintenance, as well as the inclusion of rates and charges for recycling and refuse programs for those areas specifically benefitted thereby; and WHEREAS, the TCSD presently permits property owners to appeal the rates and charges against their property on the basis that the property owner disagrees with the grounds for subjecting the property owner's land to a rate and charge or because such rate and charge would cause financial hardship on the property owner; and ~, the TCSD has prepared and kept on file, guidelines describing how property owners may file appeals. NOW, THEREFORE, THE BOARD COMMUNITY SERVICES DISTRICT DOES ORDER AS FOLLOWS: OF DIRELTrORS OF THE TEMECULA HEREBY, RESOLVE, DETERMINE AND Section 1. The TCSD Board determines that it is in the best interest of the TCSD and of the property owners within the TCSD, to require that property owner appeals to the rates and charges, be filed prior to July 1st of each Fiscal Year. The appeal period may be extended to September 1st, provided that the property owner reimburse the City for any County Assessor's fees associated with amending the property tax statement. Re~os.CSD\93-03 1 Section 2. The TCSD Board hereby adopts Exhibit A, attached hereto, as the TCSD appeals guidelines. PASSED, APPROVED AND ADOPTED this 25th day of May, 1993. Patricia H. Birdsall, President ATTEST: · ~Greek, City C1 Board Secretary [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, June S. Greek, Secretary of the Temecula Community Services District, HEREBY DO CERTIFY that the foregoing Resolution CSD 93-03 was duly adopted at a regular meeting of the Board of Directors of Temecula Community Services District on the 25th day of May, 1993, by the following roll call vote: AYES: 3 DIRECTORS: Birdsall, Parks, Mufioz NOES: 0 DIRECTORS: None ABSENT: 2 DIRECTORS: Roberts, Stone June S. Greek, Cit37 Clerk Board Secretary R¢~oa.CSD\93-03 2 EXHIBIT A APPEALS PROCESS TEMECULA COMMUNITY SERVICES DISTRICT 1. Appenl of C!n~ifiention Where a property owner (including an individual, or business entity) subject to the rate or charge, questions the classification or application of any fiscal year's rate or charge to that property owner's property, that property owner may utili?e the appeals procedures set forth below. (a) The property owner shall file a written protest in the form established for the Temecula Community Services District (the "TCSD") Secretary, stating in detail the reasons why the property owner seeks a review of the classification of the property owner's property for the fiscal year. The statement shall be accompanied by the parcel number, proof of ownership, and any other information the property owner believes to be relevant. The appeal form must be submitted to the TCSD Secretary by December 1st of each fiscal year. At the same time that each property owner subject to the rates and charges is notified of the time, place and location of the public hearing regarding the levy of rates and charges for a particular fiscal year, such property owners shall also be notified of the appeals deadline which shall in no event be later than July 1 of any fiscal year. The appeal period may be extended to September 1st, provided that the property owner reimburse the City for any County Assessor's fees associated with amending the property tax statement. Resos.CSD\93-03 3 (b) The TCSD General Manager, or his assignee, shall review the written appeal. The General Manager or his designee may request, in writing, that the property Owner provide any additional information needed to make a decision. The General Manager or his designee shall make a determination whether to grant such appeal within thirty (30) days of receipt of the completed statement, including all necessary information. The General Manager, or his assignee, shall give the property owner written notice of such determination of the appeal. (c) In the event the property owner disagrees with the General Manager's pr his assignee's determination, the property owner shall have ten (10) days to appeal that determination to the Temecula Community Services District Board of Directors (the "TCSD" Board"). The property owner shall file a written request for reconsideration with the TCSD Secretary, containing the information set out in subsection (a) and the reason for requesting reconsideration within the ten (10) day period. (d) Upon the receipt of a timely appeal, the TCSD Secretary shall place the matter on the agenda for the next regularly scheduled TCSD meeting. The TCSD Board shall review the written statement and General Manager's or his designee;s determination and the TCSD Board shall determine, based upon the materials before it, whether the appeal should be granted. The TCSD Board's decision shall be provided to the property owner in writing within 15 days of the TCSD Board's determination. The decision of the TCSD Board shall be final. (e) In granting such an appeal, the General Manager, his designee and the TCSD Board shall consider: (i) whether the property in whole or in part is used for the purpose intended for R¢~o~.CSD\93-03 4 that classification; (ii) whether the classification adequately reflects the service received; (iii) whether the rate or charge levied on vacant property exceeds the rate or charge if the property were developed to its highest and best use; and (iv) whether unique or special circumstances of that property or land use regulations affecting it support a modification of the classification. In granting an appeal, the General Manager, his designee and the TCSD Board may reclassify the property, in whole or in part, may grant a refund (without interest) of all or a portion of the rate or charge paid for any fiscal year and will determine for what period of time the relief granted shall be in effect. 2. /~;)penl for Hnrd~h~ Where an individual property owner subject to payment of the rate or charge believes that payment of all or portion of the rate or charge would create a hardship for that property owner during that fiscal year, the property owner may utilize the following procedures. A hardship appeal must be renewed annually unless otherwise specifically determined by the TCSD Board. (a) The property owner shall file a written statement with the TCSD Secretary, stating in detail the reason the property owner needs such relief. The statement shall be accompanied by the parcel number, proof of ownership, and any relevant proof of hardship. The statement must be submitted to the TCSD Secretary by the doa,41ine set by the TCSD. At the same time that each property owner subject to the rates and charges is notified of the time, place and location of the public hearing regarding the levy of rates and charges to a particular fiscal year, such property Re~os. CSD\93-03 5 owner shall also be notified of the deadline for filing hardship appeals which shall not be later than July 1 of any fiscal year. The appeal period may be extended to September 1st, provided that the property owner reimburse the City for any County Assessor's fees associated with amending the property tax statement. (b) The General Manager or his designee shall act on such statement in the same manner as set forth in Section 1 (b) and the General Manager's or his designee's determination may be appealed as set forth in Section 1 (c) and (d). (c) In granting a hardship appeal, the General Manager, his designee and the TCSD Board shall consider whether payment of the rate or charge during that fiscal year would adversely impact the property owner's ability to provide for the basic necessities of life. The General Manager, his designee and the TCSD Board shall determine to grant such hardship appeal on a case-by case basis by providing for the deferral of any rate or charge to a subsequent fiscal year. R~o~.CSD\93-03 6