CHAPTER 4. Sewer Maintenance Districts

Chapter 4 enacted by Stats. 1939, Ch. 60.

§§ 4860–4927 · 60 sections

1. ARTICLE 1. General Provisions and Definitions §§ 4860–4866 · 6 sections

   • § 4860 This chapter shall be known and may be cited as the sewer maintenance district act.
   • § 4861 “District,” as used in this chapter, means a sewer maintenance district formed pursuant to this chapter or pursuant to any law which it supersedes.
   • § 4862 “Board,” as used in this chapter, means the board of supervisors of the county in which a district is formed, or in which it is proposed to form a district.
   • § 4863 “Clerk,” as used in this chapter, means the clerk of the board of supervisors.
   • § 4864 This chapter does not repeal any law providing for the organization of sanitary districts or county sanitation districts nor authorize the governing body of a…
   • § 4866 “Sewers” as used in this chapter includes lateral and collecting sewers, septic tanks and all other means of handling, gathering and disposing of sewage in the…
2. ARTICLE 2. Formation §§ 4870–4878 · 9 sections

   • § 4870 Any portion of the territory of a county, whether incorporated or unincorporated, in which lateral or collecting sanitary sewers have been installed, for the…
   • § 4871 The board of supervisors of any county may determine by resolution that any portion of the unincorporated area of the county not already included in a district…
   • § 4872 The board shall fix a time and place to hear the proposal to form a district.
   • § 4873 The board shall direct the clerk to give notice of the hearing. The notice shall have the heading “Notice of the proposed formation of ____ sewer maintenance…
   • § 4874 The board shall direct the clerk to publish the notice once a week for two successive weeks in the newspaper of general circulation circulated in the territory…
   • § 4875 The board shall also direct the clerk to post the notice in three public places in the proposed district at least 10 days prior to the date set for the…
   • § 4876 At any time prior to the time fixed for the hearing any interested person may file with the clerk written objections to the formation of the proposed district.
   • § 4877 At the time and place fixed for the hearing or at any time to which the hearing is continued, the board shall consider and pass on all written objections filed.
   • § 4878 If the board overrules the objections to the formation it shall hear any person objecting to the inclusion in the proposed district of any particular territory…
3. ARTICLE 2.3. Inclusion in County Sanitation District §§ 4879–4880 · 2 sections

   • § 4879 Any district organized under the provisions of this act may become a part of a county sanitation district after the board of supervisors of the county within…
   • § 4880 A district which becomes a part of the county sanitation district as hereinabove provided for is not thereby dissolved, but may continue to function, except as…
4. ARTICLE 3. Officers and Powers §§ 4885–4889 · 5 sections

   • § 4885 The board is the governing body of the district and may make and enforce all rules and regulations necessary for the administration and government of the…
   • § 4886 The board may acquire by gift, condemnation, purchase, or otherwise in the name of the county, and own, control, manage, and dispose of, real and personal…
   • § 4887 The board may appoint the county surveyor to supervise the work of cleaning, repairing, reconstructing, renewing, replacing, operating, and maintaining the…
   • § 4887.5 The board may by resolution change the name of any district to conform with a change in the street name or other designation which the district bears. The…
   • § 4889 If a district has a boundary which is contiguous to a boundary of a city and the district has a contract with that city under which the city is responsible for…
5. ARTICLE 4. Finances and Taxation §§ 4890–4894.1 · 8 sections

   • § 4890 The clerk shall file in the office of the county assessor a certified copy of each resolution of the board that affects a district in any of the following…
   • § 4891 The board may levy a tax each year upon the real property in the district sufficient to defray the cost of maintaining, operating, and repairing the sewers in…
   • § 4891.1 The annual tax levy may include a reserve for contingencies not to exceed 10 percent of the total levy. The contingency reserve shall be available for…
   • § 4892 The tax shall be levied and collected at the same time and in the same manner as general county taxes levied for county purposes and when collected shall be…
   • § 4892.1 On or before the first day of July the governing body of any city, the area of which, in whole or in part, is included within one or more sewer maintenance…
   • § 4893 If a district is organized in any year too late for the levy of a tax in that year or in the next ensuing year, the board is hereby authorized to transfer…
   • § 4894 Pursuant to a resolution adopted by its board of supervisors, a county may lend any of its available funds to a county sewer maintenance district located…
   • § 4894.1 When the board of supervisors has so declared in its resolution of intention to order the formation of a sewer maintenance district or any annexation thereto,…
6. ARTICLE 5. Annexation §§ 4895–4903 · 9 sections

   • § 4895 Outlying territory, whether incorporated or unincorporated, and whether contiguous or not, may be annexed to a district as provided in this article, except…
   • § 4896 The board may by resolution fix a time and place for a hearing upon the question of the annexation of territory to a district. The resolution shall describe…
   • § 4897 The date set for the hearing on the proposed annexation shall be at least three weeks after the date of the adoption of the resolution setting the hearing.
   • § 4898 The board shall cause notices of the hearing to be posted in at least three conspicuous places in the territory proposed to be annexed and in at least three…
   • § 4899 The notices shall be headed “notice of hearing” in letters not less than one inch in height and shall contain a description of the territory proposed to be…
   • § 4900 At the time fixed for the hearing or at any time to which it is continued the board shall hear and pass upon the proposal and any objections that may be filed…
   • § 4901 If the territory annexed to the district comprises a portion of another district formed under the provisions of this chapter, or under the provisions of…
   • § 4902 If the territory annexed to the district comprises all of another district, formed under the provisions of this chapter, or under the provisions of Chapter 26…
   • § 4903 The exclusion of territory from one district and its annexation to another district shall not be effective until all outstanding contracts of the district from…
7. ARTICLE 6. Exclusion §§ 4905–4911 · 8 sections

   • § 4905 Any portion of a district that will not be benefited by remaining in the district may be excluded as provided in this article.
   • § 4906 A petition to exclude territory shall be signed by 50 or more freeholders in the portion proposed to be excluded from the district, or by a majority of the…
   • § 4906.1 As an alternative to the procedure outlined in Section 4906, the board may by resolution entered in its minutes fix a time for a hearing on the question of the…
   • § 4907 Upon receiving a petition to exclude territory the board shall fix a time for hearing it and for hearing protests to the continuance of the remaining territory…
   • § 4908 At least ten days prior to the time fixed, the board shall publish a notice of the hearing by one insertion in the newspaper circulated in the district that…
   • § 4909 Any person interested may appear at the hearing and object to the exclusion of the territory from the district, or may object to the continuance of the…
   • § 4910 If the board finds that the territory proposed to be excluded will not be benefited by remaining in the district, and that the territory not proposed to be…
   • § 4911 Upon the exclusion of any territory from the district all property acquired for the district shall remain vested in the county and be used for the purposes of…
8. ARTICLE 7. Dissolution §§ 4915–4927 · 13 sections

   • § 4915 A district may be dissolved by the board as provided in this chapter.
   • § 4916 A petition for dissolution, signed by 50 or more freeholders and residents of the district, or by a majority of the freeholders and residents if there are less…
   • § 4917 Upon receiving a petition for dissolution, or adopting a resolution to initiate dissolution proceedings, the board shall fix a time for a hearing of the…
   • § 4918 At least ten days prior to the time fixed, the board shall publish a notice of the hearing by one insertion in a newspaper circulated in the district.
   • § 4919 At the time appointed for the hearing or at any time to which it is continued, the board shall hear and pass upon the petition or resolution and may grant or…
   • § 4920 If the proposed dissolution is granted, the board shall by resolution order the dissolution of the district and the district is thereupon dissolved. The…
   • § 4921 Upon the inclusion of all the territory of a district in one or more cities, either by reason of annexation or by reason of the incorporation of one or more…
   • § 4922 If all of the district is included in one city, the fund shall be paid to the treasurer of the city and administered by the governing body of the city.
   • § 4923 If a part only of the district is so included in one city and the remaining part of the district is included in one or more other cities then such…
   • § 4924 The funds paid over by the district to a city shall be administered by its governing body for the benefit of such portions of the district as are included in…
   • § 4925 When all territory in a district has been included in a city the district is thereupon, by reason of the inclusion, dissolved.
   • § 4926 If less than the whole of a district is included in a city either by reason of annexation or by reason of incorporation proceedings, the territory so included…
   • § 4927 If all of the district is included within a sanitary district, the district is dissolved upon the filing with the Secretary of State of a resolution adopted by…