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Assessment-Government Code Section 53750

Assessment-Government Code Section 53750

Plaintiffs next rely on the definition of assessment in Government Code section 53750, part of the Proposition 218 Omnibus Implementation Act (Gov. Code, §§ 53750-53753) that the Legislature enacted in 1997.  (Stats. 1997, ch. 38, § 5.)  Government Code section 53750 states that “[f]or purposes of Article XIII C and Article XIII D of the California Constitution” an assessment means “any levy or charge by an agency upon real property that is based upon the special benefit conferred upon the real property by a public improvement or service, that is imposed to pay the capital cost of the public improvement, the maintenance and operation expenses of the public improvement, or the cost of the service being provided.”  (Gov. Code, § 53750, subd. (b).)  As plaintiffs point out, this definition does not distinguish between charges imposed only in response to a request for service and charges imposed on previously identified parcels.  In this respect, the statutory definition is no different from the constitutional definition in section 2, subdivision (b), of article XIII D.  But the statutory provisions implementing article XIII D, like article XIII D itself, assume that assessments are imposed only on identified parcels.  Under Government Code section 53753, subdivision (b), before levying a new or increased assessment, an agency must give notice “to the record owner of each identified parcel.”  Government Code section 53750, subdivision (g), defines an “identified parcel” as “a parcel of real property that an agency has identified as having a special benefit conferred upon it and upon which a proposed assessment is to be imposed . . . .”  Because the statutory provisions merely reflect the constitutional provisions, they do not alter our conclusion that under article XIII D an assessment is a charge imposed on previously identified parcels, and not a charge imposed only as a condition of extending service through a new service connection.
JERRY RICHMOND et al.,    v.  SHASTA COMMUNITY SERVICES DISTRICT,  S105078-Filed 2/9/04

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