Opinion No. (1998)

DANIEL E. LUNGREN Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE DICK MONTEITH, MEMBER OF THE CALIFORNIA STATE SENATE, has requested an opinion on the following question: Is a county service area established for the purpose of road maintenance required to assess landowners on a proportional rather than uniform basis when it imposes a charge for maintenance services? CONCLUSION A county service area established for the purpose of road maintenance is required to assess landowners on a proportional rather than uniform basis when it imposes a charge for maintenance services. ANALYSIS The County Service Area Law (Gov. Code, §§ 25210.1 - 25211.33 ; "Act") 1 was enacted to provide ". . . an alternative method for providing governmental services by counties within unincorporated areas. . . ." (§ 25210.3 ; see Frommhagen v. Board of Supervisors (1987) 197 Cal.App.3d 1292 , 1296 .) As we noted in 62 Ops.Cal.Atty.Gen. 831 , 832 (1979), the Act authorizes counties to provide a variety of services to local areas, including police protection, fire protection, park, recreation, and parkway facilities and services, library facilities and services,…