Who determines what work needs to be done? Who pays for these services?

Formation of an Advisory Committee

As part of formation, the members of the division elect an Advisory Committee and identify a Key Contact to act as liaison to the County. Once appointed by the Board, members of this committee serve in an advisory capacity and, as such, are subject to the provisions of the Brown Act.

The Advisory Committee consists of an odd number of benefiting property owners, usually 3 or 5, depending upon the size of the division. Once the division is formed, the Department of Public Works will solicit volunteers or nominees to serve on the Advisory Committee. If there are an even number of names submitted, an election will be held. For the first election, one ballot will be sent to each individual landowner within the boundaries of the division. All ballots received by the County within a specified time limit will be tallied. The specified number of persons (usually 3 or 5) receiving the greatest amount of votes will serve. If there are only 3 or 5 names submitted, there will be no election and these three or five will serve on the Advisory Committee. All elections after the first election will not be set up by County staff, but, by the membership of the division with the assistance of the Advisory Committee. The bylaws will set forth the terms of office.

The Engineering Division of the Public Works will perform annual safety inspections and give recommendations for correcting any hazards that may exist and the respective costs for said recommendations.

Advisory Committee's Role

The Advisory Committee is required to meet at least four times each year. All meetings are open to the public and must be noticed accordingly. The committee develops a recommended budget, including specific projects to be completed and the amount of the tax to be charged to each property within the division. All members of the division have the right to speak and vote on these issues.

Public Works staff presents the division's proposed budgets to the Board for approval annually. Any division member may appear before the Board to speak on the proposed tax and budget. If an increase above the approved maximum special tax is proposed, it would be subject to the approval process described above.

Once approved by the Board and any required registered voter election, the tax is added to the property tax bill for each parcel. The funds are collected with the property taxes and deposited into an interest-bearing account for the use of the division. All funds are administered by the Administration Division of Public Works. Monies are not placed in the General Fund and cannot be used for other purposes.

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1. I live on a private road that needs to be maintained. The neighbors don't agree on what needs to be done or how much each of us should pay; what can be done?
2. What is a permanent road division?
3. What are the costs associated with forming a permanent road division? Are there other fees required once the division is established?
4. If some people don't support the formation, can they prevent the division forming?
5. Who sets and approves our per parcel fee?
6. Who determines what work needs to be done? Who pays for these services?
7. How are bylaws relevant to forming a permanent road division?
8. Who makes up the bylaws?
9. Who handles the mailings for the Advisory Committee?
10. Are we required to bring our road up to any particular standards? Is there a requirement as to the level of maintenance and/or improvements we must provide?
11. What happens to the money collected from a division of benefit?
12. What happens to our money if we don't use it all during the year? What if we don't have the work done that we budgeted for? Is our money lost? Can it be used by the County for other purposes?
13. Can an existing Road Association still levy charges for private road maintenance after a permanent road division is formed for road maintenance purposes?
14. What about back assessments owed to a Homeowners Association?
15. Are there any restrictions on what can be done on our road?
16. If we cannot post a speed limit on our road, how can we control speeders? What is our liability if an accident should occur?
17. Once a permanent road division is established, can it be dissolved? If so, what is the cost and what happens to any monies we have collected? Does the road revert to being a private road?
18. Why were some private roads built to County standards and others were not and since we are already paying taxes for roads, why do we need to pay another tax to maintain our road?
19. Will an existing Homeowners Association be eliminated when a permanent road division for road maintenance is formed?
20. If the design of a road is alleged or proven as casual or contributory to an accident, will this type of liability be covered by the County's self-insurance program?