Section § 5789

Explanation

If the board of directors believes there isn't enough money to cover expenses for facilities, programs, and services, they have the authority to increase revenue according to this law or other legal methods.

Whenever a board of directors determines that the amount of revenue available to the district or any of its zones is inadequate to meet the costs of providing facilities, programs, and services pursuant to Section 5786, the board of directors may raise revenues pursuant to this article or any other provision of law.

Section § 5789.1

Explanation

This California law says that a district can impose special taxes using two specific rules. First, they can follow rules that start at Section 50075 of the Government Code, which require taxes to be evenly applied to all taxpayers or properties in the district. However, if a property hasn't been developed yet, it can be taxed at a lower rate than one that has been improved. Second, they can use the Mello-Roos Community Facilities Act of 1982, which provides a flexible method for local governments to finance public services and infrastructure through special taxes.

A district may levy special taxes pursuant to:
(a)CA Public Resources Code § 5789.1(a) Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. The special taxes shall be applied uniformly to all taxpayers or all real property within the district, except that unimproved property may be taxed at a lower rate than improved property.
(b)CA Public Resources Code § 5789.1(b) 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 Code.

Section § 5789.3

Explanation

This law allows a district to charge special benefit assessments to pay for capital improvements, following the guidelines set by California's Constitution. These assessments can be based on various improvement acts, such as the Improvement Act of 1911, Improvement Bond Act of 1915, Municipal Improvement Act of 1913, Landscaping and Lighting Assessment Act of 1972, or any future laws.

A district may levy special benefit assessments consistent with the requirements of Article XIII D of the California Constitution to finance capital improvements, including, but not limited to, special benefit assessments levied pursuant to:
(a)CA Public Resources Code § 5789.3(a) The Improvement Act of 1911, Division 7 (commencing with Section 5000) of the Streets and Highways Code.
(b)CA Public Resources Code § 5789.3(b) The Improvement Bond Act of 1915, Division 15 (commencing with Section 8500) of the Streets and Highways Code.
(c)CA Public Resources Code § 5789.3(c) The Municipal Improvement Act of 1913, Division 12 (commencing with Section 10000) of the Streets and Highways Code.
(d)CA Public Resources Code § 5789.3(d) The Landscaping and Lighting Assessment Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code.
(e)CA Public Resources Code § 5789.3(e) Any other statutory authorization enacted in the future.

Section § 5789.5

Explanation

This law allows a board of directors to charge fees to cover costs related to services or regulation enforcement. However, the fees can't be more than what it costs to provide these services or enforce the regulations. If the fees relate to property services, they must follow certain procedures outlined in the state constitution. The board can also set lower fees for local residents or taxpayers compared to nonresidents. Additionally, the board may allow district employees to waive fees if it's deemed in the public interest, but they must first establish guiding rules for such waivers through a formal resolution.

(a)CA Public Resources Code § 5789.5(a) A board of directors 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.
(b)CA Public Resources Code § 5789.5(b) Before imposing or increasing any fee for property-related services, a board of directors shall follow the procedures in Section 6 of Article XIII D of the California Constitution.
(c)CA Public Resources Code § 5789.5(c) A board of directors may charge residents or taxpayers of the district a fee authorized by this section which is less than the fee which it charges to nonresidents or nontaxpayers of the district.
(d)CA Public Resources Code § 5789.5(d) A board of directors may authorize district employees to waive the payment, in whole or in part, of a fee authorized by this section when the board of directors determines that payment would not be in the public interest. Before authorizing any waiver, a board of directors shall adopt a resolution which specifies the policies and procedures governing waivers.