SECTIONS 50610-50615 - California Statutes

GOVERNMENT CODE

SECTION 50610-50615

50610. The legislative body shall have complete charge, supervision
and control of all open areas maintained pursuant to the provisions
of this chapter. The legislative body may appoint an advisory board
composed of five property owners within a district, which advisory
board may make recommendations to the legislative body with respect
to the maintenance and operation of the open areas. Members of the
board shall serve without compensation and shall hold office for a
term of three years from the date of their appointment.

50611. The legislative body may enter into such annual contracts as
may be required for performance of the maintenance or may cause any
part or parts thereof to be performed or furnished by the local
agency and may employ the necessary labor and provide, by purchase
order when necessary, the required materials and equipment and shall
cause the maintenance to be performed or furnished.
The costs and expenses of all maintenance to be done or furnished
by the local agency shall be paid for from the funds of the district
or out of any fund which may be provided or advanced by the
legislative body for expenditure for such purposes. The payments so
advanced may be reimbursed from the district funds when moneys are
available therein.

50612. The legislative body may levy an annual ad valorem special
assessment not to exceed fifty cents ($0.50) per one hundred dollars
($100) assessed valuation of taxable land and improvements within the
maintenance district to pay the costs of maintenance and operation
of the open areas or such portion of said costs as the legislative
body determines shall be borne by the maintenance district. The
legislative body may determine that all or a portion of the costs may
be borne by the local agency. The annual assessments shall be levied
and collected at the same time and in the same manner and with the
same interest and penalties as general taxes for the local agency are
collected.

50613. The proceeds of the annual special assessments shall be paid
to the treasurer of the local agency, who shall place the proceeds
in a special fund to the credit of the district and payment shall be
made out of the special fund only for the purposes provided for in
this chapter for the district. To expedite any maintenance work, the
legislative body may at any time transfer into the special fund, out
of any money in the general fund, such sums as it may deem necessary,
and the sums so transferred shall be deemed as a loan to the special
fund, and shall be repaid out of the proceeds of the assessments
provided for in this chapter.
If a district is organized in any year too late for the levy of a
special assessment in that year or in the next ensuing year, the
legislative body is hereby authorized to transfer funds out of the
general fund of the local agency to the special fund of the district
to be used for the payment of the expenses of the district until such
time as special assessment receipts are available therefor. The
legislative body shall include in the levy of the special assessment
for the district for the first fiscal year in which the assessment
may be levied or in ensuing years, a sum sufficient to repay the
local agency the amount so transferred to the district for the
portion or portions of the preceding fiscal year or years for which
no levy of assessment was made for that purpose. The amount so
transferred shall be repaid into the general fund of the local agency
from the district fund out of the first available receipts from the
assessment levied or as determined by the legislative body.

50614. If for any reason there shall be a deficiency in the funds
derived from the annual assessments levied for the district, the
legislative body may meet the deficiency by an appropriation out of
the general fund or may advance such sums, to be repaid out of the
proceeds of the annual assessment for the next or ensuing years, as
deemed appropriate by the legislative body.

50615. Any unexpended balance remaining in the special fund for the
district after the payment of the costs and expenses of the
maintenance for which the assessment was levied shall be credited to
the fund to be raised for the next ensuing period of maintenance for
the district. Whenever the legislative body does not order or reorder
maintenance as authorized in this chapter, any such unexpended
balance may be retained in the fund to be used, until exhausted, to
defray the costs and expenses of maintaining and caring for the open
spaces benefiting the district for which the annual assessment had
been levied.