SECTIONS 5789-5789.5 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5789-5789.5

5789. 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.

5789.1. A district may levy special taxes pursuant to:
(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) 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.

5789.3. 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) The Improvement Act of 1911, Division 7 (commencing with
Section 5000) of the Streets and Highways Code.
(b) The Improvement Bond Act of 1915, Division 15 (commencing with
Section 8500) of the Streets and Highways Code.
(c) The Municipal Improvement Act of 1913, Division 12 (commencing
with Section 10000) of the Streets and Highways Code.
(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) Any other statutory authorization enacted in the future.

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) 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) 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) 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.