HomeMy WebLinkAbout95_004 TCSD Resolution RESOLUTTON NO. CSD 95-04
A RESOLUTTON OF THE BOARD OF DW"TORS OF THE ULA
CO SERVICES DISTRICT AMENDING THE ]PROCEDURES
FOR APPEALING THE APPLICATION OR @L ATION OF
RATES AND CHARGES AGAINST PROPERTY THE
COSERVICES DISTRICT
S, upon incorporation of the City of Temecula, California (the "City") effective
December 1, 1989, voters approved the formation of the Temecula Community Services District
(the "TCSD"), which has the same area boundaries as the City and whose Board of Directors (the
"Board") consists of the members of the City Council of the City; and
WHEREAS, 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, street maintenance, as well as the inclusion
of rates and charges for recycling and refuse programs for those areas specifically benefitted
thereby; and
S, the TCSD presently permits property owners to appeal the rates and charges
against their property on the basis that (1) the property owner disagrees with the grounds for
subjecting the property owner's land to a rate and charge, (2) an error has been made in the
application or implementation of the rate or charge to the owner's property, or (3) such rate or
charge would cause financial hardship on the property owner; and
, the TCSD has prepared and kept on file, procedures describing how property
owners may file appeals.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TEMECULA
CO SERVICES DLSTRICT DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
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 provide an appeal procedure for certain matters
g to the application of rates or charges imposed by the TCSD upon real property within
the District.
Section 2. The TCSD Board hereby adopts the "Appeals Procedures for the Temecula
Community Services District," in the form attached hereto as Exhibit A, and incorporated herein
by this reference as though set forffi in full.
Resos.esd\95-04
Section 3. Resolution 93-03 of the TCSD, and all previous actions of the TCSD
establishing appeal procedures, are hereby repeated.
PASSED, APPROVED AND ADOP17ED this 9th day of May, 1995.
Ronald H. Roberts, President
ATMT:
Greek, CMC
City Clerk/Board Secretary
[SEAL]
Resoe.csd\95-04 2
STATE OF CALEFORNIA)
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 95-04 was duly adopted at a regular meeting of the
Board of Directors of Temecula Community Services District on the 9th day of May, 1995, by
the following roll call vote:
AYES: 5 DIRECTORS: Lindemans, Muiioz, Parks, Roberts,
Stone
NOES: 0 DIRECTORS: None
ABSENT: 0 DIRECTORS: None
June S. @reek, CMC,
City Clerk\Board Secretary
Resos.csd\95-04 3
F,XHIRrr A
APPEAIS FROCEDURES FOR THE
CULA CO TY SERVICES DISTRICT
(REVISED MAY 99 1995)
1.Appeal of Classification or Correction of Errors
Where a property owner (including an individual, or business entity) subject to the
rate or charge (1) questions the classification or application of any fiscal year's rate or charge to
that property owner's property, or (2) claims that an error has been made with respect to the
application or implementation of the rate or charge to the property owner's property, that property
owner @ uW= the appeals procedures set forth below as the exclusive procedure for appealing
such issues and coffecting errors.
(a) The property owner shall file a written appeal 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 or the facts and circumstances surrounding the error in the application or
implementation of the rate or charge to the owner's property. The statement shall include the
parcel number, proof of ownership, and any other information the property owner believes to be
relevant to the appeal. 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.
(b) The last day to file an appeal shall be December 1 of the fiscal year in which
the rate or charge is levied, or the next succeeding business day if December 1 is a weekend day
or holiday; provided, however, that if an appeal is filed after July 3 1, the property owner shall
reimburse the City for any County Assessor's fees associated with amending the property tax
statement.
(c) 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
assignee @ make a determination whether to grant such appeal witlun thuty (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.
Resoe.csd\95-04 4
(d) In the event the property owner disagrees with the General Manager's or
his assignee's determination, the property owner shall have ten (10) days from the date of the
General er's written detemunation to appeal that detemunation 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.
(e) Upon the receipt of a timely appeal, the TCSD Secretary shall place the
matter on the agenda for the next regularly scheduled TCSD meeting occurring not less than seven
(7) days from receipt of the appeal. 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.
(f) In granting such an appeal based on the classification or application of any
fiscal year's rate or charge to the owner's property, 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 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 where 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 er, 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 fikg year and will determine for what period of time
the relief granted shall be in effect.
2.Appeal for Hardsh*p
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 include the
parcel number, proof of ownership, and any relevant proof of hardship. The statement must be
submitted to the TCSD Secretary by the deadline 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 fi@ year, such property
owner shall also be notified of the deadline for filing hardship appeals.
Resoa.@\95-04 5
(b) The last day to file an appeal shall be December 1 of the fiscal year m which
the rate or charge is levied, or the next succeeding business day if December I is a weekend day
or holiday; provided, however, that if an appeal is filed after July 3 1, the property owner shall
reimburse the City for any County Assessor's fees associated with amending the property tax
statement.
(c) The General er or Ins designee shall act on such statement m the same
manner as set forth in Section 1 (b) and the General er's or his designee's determination may
be appealed as set forth in Section l(d) and (e).
(d) In grating 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 er, 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.
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