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12A Public Hearings
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
9/6/2022
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City of San Leandro July 8, 2022 <br />CFD No. 2022-1 (Monarch Bay Shoreline Facilities & Services) Page B-11 <br />series of CFD No. 2022-1 Bonds shall thereafter be exempt from the levy of the Special Tax. Any <br />property that is classified as Property Owner Association Property or Public Property after the first <br />series of CFD No. 2022-1 Bonds have been issued shall be classified as Taxable Property Owner <br />Association Property or Taxable Public Property and shall not be exempt from the levy of the Special <br />Tax. <br />2. Any property that is granted a welfare exemption pursuant to Section 53340(c) under the Act under <br />subdivision (g) of Section 214 of the Revenue and Taxation Code prior to the issuance of the first series <br />of CFD No. 2022-1 Bonds shall thereafter be exempt from the levy of the Special Tax. Any property <br />that is granted a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation <br />Code after the first series of CFD No. 2022-1 Bonds have been issued shall not be considered Welfare <br />Exempt Property and shall not be exempt from the levy of the Special Tax. <br />3. Property Owner Association Property, that is not exempt from the Special Tax under this section, or <br />pursuant to the Act, shall be classified as Taxable Property Owner Association Property. Taxable <br />Property Owner Association Property shall be subject to the levy of the Special Tax and shall be taxed <br />Proportionately as part of the fifth step in Section D above, at up to 100% of the applicable Maximum <br />Special Tax for Taxable Property Owner Association Property. <br />4. Public Property, that is not exempt from the Special Tax under this section, or pursuant to the Act, <br />shall be classified as Taxable Public Property. Taxable Public Property shall be subject to the levy of <br />the Special Tax and shall be taxed Proportionately as part of the sixth step in Section D above, at up <br />to 100% of the applicable Maximum Special Tax for Taxable Public Property. <br />5. Dwelling Units that are ADUs shall not be subject to the levy of the Special Tax. <br />F. APPEALS <br />Any property owner may file a written appeal of the Special Taxes with the CFD Administrator claiming <br />that the amount or application of the Special Taxes is not correct. The appeal must be filed not later than <br />one calendar year after having paid the Special Taxes that are disputed, and the appellant must be current <br />in all payments of Special Taxes, including the disputed Special Taxes. In addition, during the term of the <br />appeal process, all Special Taxes levied must be paid on or before the payment date established when the <br />levy was made. <br />The appeal must specify the reasons why the appellant claims the Special Taxes are in error. The CFD <br />Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, <br />and advise the appellant of its determination. <br />If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner <br />may then file a written appeal with the City Council whose subsequent decision shall be final and binding <br />on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City <br />Council requires the Special Taxes to be modified or changed in favor of the property owner, the CFD <br />Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash <br />refund cannot be made, then an adjustment shall be made to credit future Special Taxes.
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