DIVISION 5. SANITATION [4600. - 6127.]
Division 5 enacted by Stats. 1939, Ch. 60.
§§ 4600–6127 · 432 sections
PART 3. COMMUNITY FACILITIES §§ 4600–6127 · 432 sections
CHAPTER 1. Community Facilities Law of 1911 §§ 4600–4650 · 55 sections
ARTICLE 1. Definitions and General Provisions §§ 4600–4603 · 9 sections
- § 4600 This chapter shall be known as the Community Facilities Law of 1911.
- § 4601 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 4602 “City” means the city in which the district is located. If a district is not entirely within the boundaries of a single city, “city” means the initiating city.
- § 4602.1 “District” means any district which is formed pursuant to this chapter or pursuant to any law which it supersedes.
- § 4602.2 “Governing body” means the city council or other legislative body of the city.
- § 4602.3 “Initiating city” means the city whose governing body initiated the proceeding for the formation of a district which is not entirely within the boundaries of a…
- § 4602.4 Improvement means any or all of the following: (a) The acquisition or construction of sanitary sewers of all types, including, but not limited to, outfall,…
- § 4602.5 In cities within a county of the 20th class, as defined in Section 28041 of the Government Code, improvement shall also mean the acquisition, construction,…
- § 4603 This chapter does not affect any other law under which improvements may be made within or by any city but it provides an alternate system of proceedings for…
ARTICLE 2. Formation §§ 4605–4613 · 10 sections
- § 4605 The governing body of any city may create an improvement district within the city pursuant to this chapter whenever in its judgment the district is necessary…
- § 4606 A district may be formed to make any improvement and to provide for the incurring of indebtedness to pay for the costs and expenses of such improvement.
- § 4607 Whenever the governing body of a city determines that the public interest or convenience requires the making of any improvement in any part of the territory of…
- § 4609 The resolution shall do all of the following: (a) Describe the boundaries of the proposed district. The district may consist of two or more noncontiguous…
- § 4610 The resolution, together with the names of the members of the governing body voting for and against it shall be published once a week for at least two…
- § 4610.5 Copies of the resolution shall also be posted in three public places within the proposed district not earlier than the 60th day or later than the 30th day…
- § 4611 On the day fixed for the hearing, or any day to which the hearing is continued, the governing body shall hear and consider all written and oral objections…
- § 4611.5 At the hearing, the governing body may add territory to the district if the owners of all of the land in the territory which is proposed to be added to the…
- § 4612 After making all necessary and proper changes in the boundaries, or in the improvement, the governing body may, by a resolution which is passed by a vote of…
- § 4613 A certified copy of the resolution which establishes the district shall be recorded in the office of the county recorder. Certified copies of such resolution,…
ARTICLE 2a. Formation of Districts in Two or More Municipal Corporations and Also in Unincorporated Territory §§ 4614.1–4614.15 · 8 sections
- § 4614.1 Districts may be formed pursuant to this article for the purpose of making any improvement which will be of benefit to territory partially within the…
- § 4614.2 Any city may initiate proceedings for the formation of a district and the making of improvements pursuant to this article whenever the governing body of such…
- § 4614.3 If the proposed district includes any part of any other incorporated city, the governing body of the initiating city shall file with the governing body of each…
- § 4614.4 If any part of the district includes any unincorporated territory of the county, the governing body of the initiating city shall file with the board of…
- § 4614.5 Whenever the governing body of each city which is included in whole or in part within the district which is to be organized, and the board of supervisors if…
- § 4614.11 Upon the formation of any district pursuant to this article, the district shall be governed by and under the jurisdiction of the governing body of the…
- § 4614.13 If bonds are authorized and are issued or are expected to be issued on behalf of any district which is organized pursuant to this article, the governing body…
- § 4614.15 This chapter does not prevent two or more cities or the board of supervisors of any county from entering into co-operation agreements for the joint…
ARTICLE 3. Issuance of Bonds §§ 4615–4625 · 13 sections
- § 4615 At any meeting after the passage and recording of the resolution establishing the district, the governing body may, by a resolution passed by a vote of…
- § 4616 The resolution calling the special election shall do all of the following: (a) Describe the boundaries of the district as finally determined and refer to the…
- § 4617 In all particulars not recited in this chapter or in the resolution, the election shall be held as is provided by law for holding general elections in the…
- § 4618 The maximum rate of interest to be paid on the bonded indebtedness shall be 8 percent per annum, and shall be payable semiannually. The first interest payable…
- § 4619 The resolution calling the election shall be published once a week for two successive weeks prior to the date set for the election in a newspaper of general…
- § 4620 If two-thirds of the votes cast upon the measure are in favor of the issuance of the bonds, the bonds may be issued and the indebtedness incurred. If less than…
- § 4621 All bonds issued under this chapter shall be issued in the name of the city in which the district has been formed, or in the name of the initiating city, as…
- § 4622 The bonds shall be issued in any denominations which the governing body may determine. The bonds shall be signed by the mayor, or by such other officer of the…
- § 4623 The governing body may issue and sell the bonds at not less than their par value. The proceeds of the sale shall be placed in the city treasury to the credit…
- § 4623.1 (a) When the purposes and objects specified in any measure incurring bonded indebtedness submitted at any special election called for that purpose have been…
- § 4623.5 Before selling the bonds, or any part of the bonds, the governing body shall give notice inviting sealed bids in such manner and for such time as the governing…
- § 4624 An action to determine the validity of bonds issued pursuant to this chapter may be brought pursuant to Chapter 9 (commencing with Section 860), Title 10, Part…
- § 4625 In determining the amount of bonds to be issued, the legislative body may include all of the following: (a) All costs and expenses and estimated costs and…
ARTICLE 3.5. Performance of Work § 4636 · 1 section
- § 4636 The governing body of each city in which an improvement is being made or acquired pursuant to this chapter may make all necessary rules and regulations for…
ARTICLE 4. Taxation and Finances §§ 4638–4640.6 · 4 sections
- § 4638 Until the bonds are paid, or until there is a sum in the city treasury set aside for the purpose, sufficient to meet all sums coming due for the principal and…
- § 4639 The taxes required to be levied and collected by Section 4638 shall be in addition to all other taxes levied for city purposes and in addition to the taxes…
- § 4639.5 Chapter 5 (commencing with Section 5400), Division 6, Title 1 of the Government Code shall apply to bonds issued pursuant to this chapter, except that the…
- § 4640.6 The governing body of a city may, by a two-thirds vote, require the owners of property within a district to pay a reasonable fee for connecting to any sanitary…
ARTICLE 5. Annexation §§ 4641–4648 · 9 sections
- § 4641 Territory which is either within or without the boundaries of the city and which is not within the boundaries of any other improvement district formed pursuant…
- § 4641.5 Territory which is outside the boundaries of the city, or the initiating city, as the case may be, shall not be annexed unless the governing body of the city…
- § 4642 Whenever the governing body of the city determines and finds that additional territory will be benefited by annexation to the district, it may pass a…
- § 4643 The resolution shall be passed by a vote of two-thirds of all the members of the governing body of the city.
- § 4644 The resolution shall do all of the following: (a) Describe the boundaries of the territory proposed to be annexed. (b) Designate the proposed annexation by an…
- § 4645 The resolution, together with the names of the members of the governing body voting for and against it, shall be published, posted, and mailed as provided in…
- § 4646 On the day fixed for the hearing, or any day to which the hearing is continued, the governing body shall hear and consider any objections presented to the…
- § 4647 After making all necessary and proper changes in the boundaries, the governing body may, by a resolution passed by a two-thirds vote of all its members order…
- § 4648 Upon the recordation of such resolution the territory annexed is a part of the district and is subject to all the liabilities and entitled to all the benefits…
ARTICLE 6. Withdrawal § 4650 · 1 section
- § 4650 Territory within the Atherton Channel Drainage District may be withdrawn from such district pursuant to Division 1 (commencing with Section 56000) of Title 6…
CHAPTER 3. County Sanitation Districts §§ 4700–4859 · 169 sections
ARTICLE 1. General Provisions §§ 4700–4703 · 4 sections
- § 4700 This chapter shall be known and cited as the “county sanitation district act.”
- § 4701 “District,” as used in this chapter, means any county sanitation district formed pursuant to this chapter or pursuant to any law which it supersedes.
- § 4702 “District board,” as used in this chapter, means the board of directors of a district.
- § 4703 Districts may be formed, maintained, and governed in any county as provided in this chapter.
ARTICLE 2. Formation §§ 4710–4718 · 15 sections
- § 4710 A board of supervisors desiring to form a county sanitation district shall adopt a resolution of its intention to do so. The resolution shall contain all of…
- § 4711 The district as formed may include unincorporated or incorporated territory, or both. The incorporated territory included in the district may include the whole…
- § 4711.5 The land proposed to be formed into a district need not consist of contiguous parcels.
- § 4712 The time to be fixed for the hearing of objections shall be not less than thirty days after the adoption of the resolution. The hearing shall be held at the…
- § 4713 Prior to the time of hearing, the resolution shall be published at length twice in at least one newspaper of general circulation in the proposed district and…
- § 4714 At the time provided in the resolution of intention or at any time to which the hearing is continued, the board of supervisors shall hear any objections to the…
- § 4714.5 If the board of supervisors finds that protests have been made, prior to its final determination for formation of the district, by the owners of real property…
- § 4715 If written objection to the formation of the district, signed by 5 percent of the voters registered in the district if the district contains less than 2001…
- § 4716 At the election only voters registered in the proposed district may vote. Election precincts shall be established by the board of supervisors, and precinct…
- § 4716.1 Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail,…
- § 4716.2 The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled…
- § 4716.3 If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time…
- § 4716.4 The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be…
- § 4717 At the conclusion of the hearing, or if an election is held and the canvass of the election returns shows that a majority of all the votes cast in the entire…
- § 4718 The order of formation shall contain the name of the district, and a description of the boundaries or otherwise indicate its territory. The order is conclusive…
ARTICLE 3. Officers §§ 4730–4735 · 20 sections
- § 4730 The governing body of a sanitation district is a board of directors of not less than three members. The presiding officer of the governing body of each city,…
- § 4730.1 (a) Notwithstanding the provisions of Section 4730, the resolution of intention to form the district and the order of formation of the district may provide…
- § 4730.2 A sanitation district heretofore or hereafter established may elect to be governed by a board of directors constituted as set forth in Section 4730.1 by…
- § 4730.4 (a) Notwithstanding Sections 4730, 4730.1 and 4730.2, the local agency formation commission, in approving either a consolidation of districts or the…
- § 4730.5 (a) Notwithstanding the provisions of Sections 4730, 4730.1, and 4730.2, or any other provision of law, the governing body of the Monterey Regional County…
- § 4730.6 (a) Notwithstanding Sections 4730, 4730.1, and 4730.2 or any other provision of law, the governing board of the Ventura Regional Sanitation District shall be a…
- § 4730.65 (a) Notwithstanding Sections 4730, 4730.1, and 4730.2, or any other law, the governing body of the Orange County Sanitation District shall be a board of…
- § 4730.66 (a) This section applies only to the consolidated sanitation district in Orange County described in Section 4730.65. The powers granted in this section…
- § 4730.68 (a) This section applies only to county sanitation district numbers 1, 2, 3, 4, 5, 8, 9, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 27, 28, 29, and 34 of Los…
- § 4730.7 The governing board of the Delta Diablo Sanitation District may designate any depository or depositories pursuant to Article 2 (commencing with Section 53630)…
- § 4730.8 (a) Notwithstanding Sections 4730, 4730.1, and 4730.2, or any other provision of law, the governing board of a sanitation district in the County of Riverside…
- § 4730.9 The governing board of the Napa Sanitation District shall be a board of directors constituted in accordance with this article, except that the board shall…
- § 4730.10 (a) Notwithstanding Sections 4730, 4730.1, and 4730.2, or any other law, beginning on January 1, 1996, the governing body of the South San Luis Obispo County…
- § 4730.12 (a) The Sacramento Regional County Sanitation District is hereby renamed the Sacramento Area Sewer District. (b) Notwithstanding any other provision of this…
- § 4731 If additional territory is annexed to the district as well as whenever any change takes place in the character of the territory, by the incorporation of a city…
- § 4732 The county auditor of the county in which the district is formed is ex officio the auditor of the district.
- § 4733 (a) The district board may fix the amount of compensation per meeting to be paid each member of the board for services for each meeting attended by the member.…
- § 4733.5 Where two or more county sanitation districts have joined in the purchase, ownership, use, construction, maintenance, or operation of a sewerage system, or…
- § 4734 Where two or more county sanitation districts have joined in the purchase, ownership, use, construction, maintenance, or operation of a sewerage system or…
- § 4735 If the withdrawal of the city results in less than three members remaining on the district board, the vacancy shall be filled in accordance with the provisions…
ARTICLE 4. District Powers §§ 4738–4767.5 · 53 sections
- § 4738 A county sanitation district may sue and be sued by its own name.
- § 4739 A county sanitation district may employ such sanitation experts, surveyors, counsel, and other persons as are needed to carry into effect any powers of the…
- § 4739.5 By resolution, the board may change the name of the district. The change of name shall be effective upon recording a certified copy in the office of the county…
- § 4740 The district may acquire by gift, purchase, condemnation, or otherwise, in the name of the district, and own, control, manage, and dispose of any interest in…
- § 4741 A district may acquire, construct, and complete within or without the district, sewage collection, treatment and disposal works, including sewage treatment…
- § 4741.1 A district board desiring to construct, maintain and operate a refuse transfer or disposal system, or both, within or without the district in addition to its…
- § 4741.2 That portion of a political subdivision lying within a district and having representation on the district board of directors, shall be excluded from the…
- § 4741.3 At the expiration of not less than 90 days after adoption of the resolution of intention to construct, maintain and operate a refuse transfer or disposal…
- § 4741.4 The board of directors of a county sanitation district shall be the same for all district purposes, activities, and objectives, whether for collection,…
- § 4741.5 When a refuse transfer or disposal system, or both, is established by a district pursuant to the provisions of this article, the district shall comply with the…
- § 4741.6 The provisions of Sections 4741.1 through 4741.5 shall not apply to any district whose resolution of intention pursuant to Section 4710 discloses that the…
- § 4741.7 Notwithstanding any of the provisions of this chapter, or of Article 4 (commencing with Section 5470) to the contrary, a district may fix and collect a fee or…
- § 4742 It may join with any other district, city or other governmental agency in the purchase, ownership, use, construction, maintenance, or operation of a sewerage…
- § 4742.1 It may contract with any district, city, governmental agency, or person, for the handling, treatment or disposal by the district of refuse, sewage, or…
- § 4742.3 Whenever a person installs sewers or other facilities for sewers and the district board determines that it is necessary that such sewers or other facilities be…
- § 4742.4 Any county sanitation district and any county may enter into a contract agreeing to pay and apportion between them the costs of locating, removing, repairing,…
- § 4742.5 It may make provision for street-cleaning and streetsweeping services upon the roads and streets within the boundaries of the district. It may contract with…
- § 4743 It may sell, lease, or otherwise dispose of any property of the district or any interest therein whenever it is no longer required for the purposes of the…
- § 4744 It may sell, or otherwise dispose of, any water, sewage effluent, fertilizer, or other by-product resulting from the operation of a sewerage system, sewage…
- § 4745 It may construct, maintain, and operate such pipe lines or other works as may be necessary to conserve and put to beneficial use any water or sewage effluent…
- § 4746 It may issue bonds.
- § 4746.1 If funds are needed to meet current expenses of maintenance and operation, a district may incur indebtedness by the issuance of negotiable promissory notes…
- § 4746.2 (a) If the district board determines by resolution that funds are needed to meet current expenses of maintenance and repair of damage caused by disaster, a…
- § 4746.3 Notwithstanding any other provisions of law, the funds, when borrowed by a sanitation district pursuant to Section 4746.2, shall forthwith increase the…
- § 4746.4 The district shall pay interest to the county on all funds borrowed pursuant to Section 4746.2 at the same rate that the county applies to funds of the…
- § 4747 It may cause to be levied and collected taxes upon all the taxable real property in the district sufficient to meet the obligations evidenced by its bonds, to…
- § 4748 The district board shall, by resolution, employ one or more sanitation engineers to make a survey of the problems of the district concerning sanitation…
- § 4749 The engineer or engineers may, subject to the direction of the district board, employ such surveyors and others as may be necessary to prepare the report. The…
- § 4750 When the engineers’ report is filed the district board shall examine it and may thereupon (a) reject it and direct that a new report be prepared; (b) direct…
- § 4751 Notice of the hearing shall be given by the district board by publishing the notice for at least five times in a daily, or twice in a weekly, newspaper…
- § 4752 At the conclusion of the hearing the district board shall either order the report changed to conform to some or all the objections made or shall approve and…
- § 4753 The district board may, thereafter, have such portions of the report as are adapted to publication, or a resume, published for free public distribution.
- § 4754 The engineers employed by the district board to make the report required by this chapter, or other engineers, shall be directed by the district board to…
- § 4758 Any work recommended to be done in the report approved and adopted by the district board shall be done in conformity with the general plans and specifications…
- § 4759 A right of way in or across any public highway, street, or property in the district is hereby granted to the district wherever the right of way is found by the…
- § 4759.1 (a) There is granted to every district the right to construct, operate and maintain outfall, intercepting and trunk sewerlines, other than ocean outfall lines…
- § 4760 The district board may, by agreement with any city or other public agency, take possession of, or acquire by condemnation or in any other manner any sewerage…
- § 4761 Any city or public agency in the district may enter into an agreement with the district for the use, or entire possession and operation, by the county…
- § 4762 Whenever any area in the district is provided with a sewerage system the governing body of the city in which the area lies may declare the further maintenance…
- § 4762.1 All connections of lateral or other sewerlines to the sewerage system of the district, whether within or without any city, shall be made at points and in the…
- § 4763 All powers of the district shall be exercised by the district board unless otherwise specified.
- § 4764 It may borrow money and incur indebtedness and guarantee the performance of its legal or contractual obligations whether heretofore or hereafter incurred; and…
- § 4765 Any district, directly or through a representative, may attend the Legislature and any committees thereof and present information to aid the passage of…
- § 4766 The district board may adopt ordinances to carry out the provisions of Sections 5473 to 5473.11, inclusive, of the Health and Safety Code and this chapter; the…
- § 4766.1 The board of supervisors of any county may adopt a model county sanitation district ordinance. The procedure for the adoption of said ordinance shall be the…
- § 4766.2 The district board is hereby authorized to enact an ordinance which adopts by reference all or any part of a model county sanitation district ordinance. The…
- § 4766.3 Prior to adoption of any ordinance which adopts by reference all or any part of a model county sanitation district ordinance, the district board shall give…
- § 4766.4 Nothing contained in this article shall be deemed to relieve any district from the requirement of publishing in full the ordinance which adopts by reference…
- § 4766.5 If at any time the model sanitation district ordinance is amended by the county board of supervisors, then the district board may adopt such amendment or…
- § 4766.6 If the board of directors of the district is the board of supervisors, the district may adopt the model county sanitation district ordinance and any amendments…
- § 4766.7 A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
- § 4767 Any county sanitation district may, in addition to its other powers, acquire, construct, control, operate, and maintain waterworks, conduits, reservoirs,…
- § 4767.5 A district may contract with any state agency to finance any district improvement authorized by Section 4767. The terms of the contract shall be consistent…
ARTICLE 4.1. District Employees § 4768 · 1 section
- § 4768 Section 19990 of the Government Code shall apply to employees of the district.
ARTICLE 4.5. Application of Other Statutes §§ 4770–4774 · 5 sections
- § 4770 Except as to State highways where the State Highway Engineer refuses to issue a permit, with the consent of the legislative body having jurisdiction of the…
- § 4771 The Improvement Act of 1911, the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915 are applicable to districts.
- § 4772 In the application of those acts to proceedings under this article the terms used in those acts shall have the following meanings: (a) “City council,” and…
- § 4773 The powers and duties conferred by those acts and supplementary acts upon boards, officers, and agents of cities shall be exercised by the respective boards,…
- § 4774 The improvements authorized to be constructed or acquired under this article are restricted to those permitted to be constructed or acquired by such districts…
ARTICLE 5. Bonds §§ 4780–4803 · 24 sections
- § 4780 After the approval and adoption of an engineers’ report the district board shall submit to the voters of the district the proposition of incurring a bonded…
- § 4781 The resolution shall state all of the following: (a) The general objects and purposes for which it is proposed to incur an indebtedness. (b) A reference to the…
- § 4782 For the purposes of the bond election the district board may consolidate into one precinct several precincts established for general election purposes and…
- § 4783 An election board consisting of one inspector, one judge, and one clerk shall be appointed by the district board for each precinct.
- § 4784 Only voters registered in the district are eligible to vote at the bond election.
- § 4785 The resolution calling the election shall be published once a week for three successive weeks in a newspaper having a general circulation in the district and…
- § 4786 If two-thirds of the votes cast are in favor of incurring the bonded indebtedness as proposed, bonds of the district for the amount stated in the resolution…
- § 4787 The validity of the bonds after their issuance shall not be questioned in any court except upon the ground that the provisions of this chapter authorizing…
- § 4788 The district board shall prescribe by resolution the form of the bonds, and interest coupons. The bonds shall be payable at such times and at a place to be…
- § 4789 The bonds shall be issued in such denomination or denominations as the district board may determine. They shall be payable on the day and at the place fixed in…
- § 4790 The bonds shall be signed by the chairman of the district board, and countersigned by the county treasurer, and the seal of the district board shall be…
- § 4791 If any officer whose signature or countersignature appears on the bonds ceases to be an officer before the delivery of the bonds to the purchaser, his…
- § 4792 The board may issue and sell the bonds of the district at not less than par value, and the proceeds shall be placed in the treasury of the county. All premiums…
- § 4792.1 When the board of supervisors is the district board of a district and such board deems it in the best interests of the district, it may authorize the county…
- § 4793 The construction fund shall be applied exclusively to the purposes and objects mentioned in the resolution calling the bond election. Payments from the…
- § 4793.1 When the purposes and objects mentioned in the resolution calling the bond election have been accomplished, any moneys remaining in the construction fund may…
- § 4794 If the proposition of issuing bonds submitted at a bond election fails to receive the requisite number of votes, the district board may, at the expiration of…
- § 4795 If the district board by resolution passed by a vote of a majority of all its members determines that the public interest or necessity of the district demands…
- § 4796 Bonds and the interest thereon shall be paid by revenue derived from an annual tax upon the real property in the district, and all the real property in the…
- § 4797 In determining the amount of bonds to be issued, the legislative body may include: (a) All costs and estimated costs incidental to or connected with the…
- § 4799 Nothing in this chapter shall affect the validity of, or the right to issue and sell, bonds voted prior to the date when this code goes into effect.
- § 4801 (1) An issue of bonds is hereby defined to be the aggregate principal amount of all of the bonds authorized to be issued in accordance with a proposal…
- § 4802 Bonds may be made payable on a date subsequent to the time fixed for the collection of the second installment of general district taxes with which the first…
- § 4803 An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil…
ARTICLE 5.5. Revenue Bonds § 4805 · 1 section
- § 4805 The provisions of the Revenue Bond Law of 1941 as amended shall be applicable to county sanitation districts, and the term “local agency” as used in Chapter 6…
ARTICLE 5.6. Bonds for Improvement of a Portion of a District §§ 4806–4809.3 · 9 sections
- § 4806 As an alternative method of issuing bonds the district board may, after the approval and adoption of an engineer’s report for a portion of the district, if it…
- § 4806.5 As an alternative method of issuing bonds the district board may, after the approval and adoption of an engineer’s report for a portion of the district, if it…
- § 4807 Notice of the hearing shall be given by publishing a copy of the resolution pursuant to Section 6066 of the Government Code prior to the time fixed for the…
- § 4808 At the time and place so fixed, or at any time and place to which the hearing is adjourned, the district board shall proceed with the hearing. At the hearing…
- § 4808.5 At the time and place so fixed, or at any time and place to which the hearing is adjourned, the district board shall proceed with the hearing. At the hearing…
- § 4809 When the board has made its determinations as provided in Section 4808 and if the board deems it necessary to incur the bonded indebtedness, the board shall by…
- § 4809.1 Except as otherwise provided in this article, notice of the election shall be given and the election shall be held and conducted in the same manner as…
- § 4809.2 No irregularities or informalities in conducting such election shall invalidate the same, if the election shall have otherwise been fairly conducted. Any…
- § 4809.3 Bonds issued as bonds of the district for an improvement district therein and the interest thereon shall be paid by revenue derived exclusively from an annual…
ARTICLE 6. Finance and Taxation §§ 4810–4820 · 11 sections
- § 4810 Annually, on or before the first day of August the district board shall furnish to the board of supervisors and the county auditor a written statement of the…
- § 4811 The board of supervisors of the county shall annually, at the time and in the manner of levying other county taxes, levy and cause to be collected a tax upon…
- § 4812 If the district board fails to furnish to the board of supervisors the written statement of the amount necessary, the board of supervisors of the county shall…
- § 4813 The tax shall be collected at the same time and in the same manner as the general tax levy for county purposes, and when collected shall be paid into the…
- § 4814 The principal and interest on the bonds shall be paid by the treasurer of the county in the manner now or hereafter provided by law for the payment of…
- § 4815 In any year, at least 15 days before the first day of the month in which the board of supervisors of the county in which the district is located, is required…
- § 4816 The tax shall be levied and collected at the same time and in the same manner as the general tax levy for county purposes, and the revenue derived from the tax…
- § 4817 Claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6…
- § 4818 The cost of preparing the engineer’s report, including the compensation paid engineers and other employees of the district, is a charge against the district…
- § 4819 The cost of the engineer’s report, employees’ salaries, costs of engineering surveys, bond counsel fees, and other initial costs and expenses, not to exceed…
- § 4820 The board of directors of a county sanitation district engaging in refuse disposal operations may, by resolution, establish a cash difference fund in an amount…
ARTICLE 7. Annexation §§ 4830–4839 · 12 sections
- § 4830 Territory, whether situated within the same or another county and whether incorporated or unincorporated, which is not included in any other county sanitation…
- § 4831 If a refuse transfer or disposal system of the district, or both, is in existence, any territory proposed to be annexed to the district shall be and become a…
- § 4831.5 Property contiguous to a sanitation district but which is situated in a county other than the county in which the sanitation district has been organized may be…
- § 4832.5 Whenever any territory in another county is annexed to a district it thereupon becomes a part of the district. The board of supervisors of the county in which…
- § 4832.6 Notwithstanding the provisions of Section 4832.5, whenever territory of less than 50 acres in another county is annexed to the Selma-Kingsburg-Fowler County…
- § 4833 Taxes for a district which is situated in more than one county as provided in this article shall be levied in accordance with the following procedure: (a) The…
- § 4834 Territory already a part of a county sanitation district may be annexed to an improvement district of that county sanitation district under the procedure set…
- § 4835 The district board shall adopt a resolution initiating proceedings for annexation pursuant to Section 4834, which resolution shall contain all the following:…
- § 4836 The clerk of the district shall give notice of the hearing by mailing a copy of such notice to all landowners owning land within the territory proposed to be…
- § 4837 A majority protest shall be deemed to exist, and the proposed annexation shall be abandoned, if the district board shall find that written protests filed and…
- § 4838 At the hearing, all interested persons shall be given the opportunity to present evidence and testimony for or against the proposed annexation. Any person who…
- § 4839 If the district board approves the proposed annexation, or approves the annexation but excludes any lands, a certified copy of the resolution of the district…
ARTICLE 8. Joint Operation §§ 4840–4843 · 4 sections
- § 4840 Whenever two or more sanitation districts find and declare by resolution adopted by their respective district boards that it is for the interest or advantage…
- § 4841 The agreement shall specify the proportionate amount to be paid by each district toward the costs and expenses of the organization and the salaries, wages, or…
- § 4842 For the purpose of facilitating the payment of the joint costs, expenses, salaries, wages, or other compensation, the agreement may also provide for the…
- § 4843 The district may contract with the Federal Government of the United States or any branch thereof, or with any county, city and county, municipal corporation,…
ARTICLE 9. Special Zones §§ 4850–4858 · 9 sections
- § 4850 The district board may, by resolution, establish zones within the district, or amend the boundaries of an existing zone by annexing property to or by…
- § 4851 The resolution declaring the intention to form a special zone shall describe the boundaries of the proposed zone, declare that the district board finds that…
- § 4852 The resolution declaring the intention to annex territory to an existing zone shall describe the boundaries of the proposed annexation, declare that the…
- § 4853 Notice of a hearing shall be given by publication at least once a week for two successive weeks, not more than 30 nor less than 10 days prior to the hearing in…
- § 4854 Any interested person, at or before the hearing, may file with the district board a written objection to the creation of the zone or to the inclusion of his…
- § 4855 A copy of the resolution ordering the formation of the zone, or amending the boundaries of an existing zone, shall be filed in the office of the county…
- § 4856 The district board shall thereafter in each year, prior to the time of fixing the county tax rate, furnish to the board of supervisors a written statement of…
- § 4857 The board of supervisors shall fix a special tax rate and levy a special assessment tax each year upon the real property in such zone, based upon the last…
- § 4858 Any special zone may be abolished or territory withdrawn therefrom by resolution of the district board, after hearing held in the manner provided for in this…
ARTICLE 10. Santa Clarita Valley Sanitation District § 4859 · 1 section
- § 4859 (a) Paragraph (4) of subdivision (b) of Section 54954 of the Government Code does not apply to the regular and special meetings of the Santa Clarita Valley…
CHAPTER 4. Sewer Maintenance Districts §§ 4860–4927 · 60 sections
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…
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…
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…
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…
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,…
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…
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…
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…
CHAPTER 5. Sewer Revenue Bonds §§ 4950–5072 · 93 sections
ARTICLE 1. General Provisions and Definitions §§ 4950–4961 · 12 sections
- § 4950 “Works,” as used in this chapter, includes any or all of the following facilities, including, but not limited to, necessary lands, rights-of-way, or other…
- § 4951 “District,” as used in this chapter, includes city, county, city and county, or any municipal or public corporation or district which is authorized to acquire,…
- § 4952 “Governing body,” as used in this chapter, means the governing body of the district.
- § 4953 “Clerk,” as used in this chapter, means the clerk or secretary of the governing body or of the district.
- § 4954 “Area,” as used in this chapter, means the area served, or proposed to be served, by the works, or proposed works.
- § 4955 “Rates,” as used in this chapter, includes rates and charges.
- § 4956 “Bonds,” as used in this chapter, means revenue bonds authorized by this chapter.
- § 4957 “Treasurer,” as used in this chapter, means the treasurer of the district.
- § 4958 “Owners of improved real property,” as used in this chapter, means persons who are recorded on the books of the assessor and tax collector as the owners of…
- § 4959 The provisions of this chapter regarding a referendum shall be liberally construed to effect the objects of this chapter, and no irregularity or informality…
- § 4960 This chapter is an additional and alternative method to those already provided for the acquisition, construction, extension, and operation of the works…
- § 4961 If any section, subsection, sentence, clause, or phrase of this chapter, or the application thereof to any person or circumstance, is for any reason held…
ARTICLE 2. Resolution §§ 4965–4967 · 3 sections
- § 4965 Before a district acquires or constructs any works under this chapter, its governing body shall adopt a resolution declaring its intention to do so.
- § 4966 The resolution of intention shall contain all of the following: (a) A brief and general description of the works. If they are to be constructed, a reference to…
- § 4967 The owner of property that may be benefited by the acquisition, construction, extension, or operation of the works referred to in this chapter may file with…
ARTICLE 3. Notice, Hearing, and Election §§ 4970–4979 · 8 sections
- § 4970 The time set for the hearing shall be not less than twenty nor more than forty days after the adoption of the resolution.
- § 4971 The governing body shall cause the resolution to be published twice in one or more newspapers published and circulated in the district. If no newspaper is…
- § 4972 A copy of the resolution headed “Notice of Sewer Work,” in letters not less than one inch in height, shall be posted in the district along the entire length of…
- § 4973 Both the posting and the publication shall be completed at least ten days before the time set for the hearing. Affidavits of publication and of posting shall…
- § 4974 At the time set for the hearing, the governing body shall hear all persons or their representatives having any objections to the acquisition or construction of…
- § 4975 If, before the conclusion of the hearing, a petition signed by not less than 15 percent of the owners or by not less than 15 percent of the registered voters…
- § 4976 If called, the election shall be held and conducted, the votes received and canvassed, and the returns made, determined, and declared, so far as practicable,…
- § 4979 If the proposal is not rejected at a referendum election, the governing body acquires jurisdiction to proceed.
ARTICLE 4. Bonds §§ 4985–4997 · 13 sections
- § 4985 The cost of the acquisition or construction of the works for which bonds may be issued includes all of the following: (a) The cost of all property, rights,…
- § 4986 Bonds issued and sold under this chapter shall be revenue bonds of the character and form known as “serials.” Each bond shall be entitled “sewer revenue bond,”…
- § 4987 Each bond, except those of the last installment, or one of each annual installment, shall be in multiples of one hundred dollars, in such amount as the…
- § 4988 The bonds shall bear interest, as the governing body shall determine, at a rate not to exceed 8 percent per annum, and shall, after the first principal…
- § 4989 The governing body shall prescribe the form of the bonds, and provide that of the indebtedness represented thereby a part shall be payable each year after…
- § 4990 The number of bonds to be paid each year need not be the same, and the governing body may fix maturities so that the number of bonds retired each year will, in…
- § 4991 If the district is a city, the bonds shall be signed by the mayor if there is one; otherwise by the president or chairman of the governing body, and…
- § 4992 In the ordinance authorizing the issuance of the bonds, provision may be made, but are not limited to provisions: (a) That all or part of the bonds are…
- § 4993 If the proceeds of the bonds for any reason are less than the cost of the works, additional bonds may in like manner be issued and sold to provide for the…
- § 4994 No error, defect, irregularity, informality, and no neglect or omission of any officer of any district in any proceedings under this chapter, that does not…
- § 4995 Bonds may be made payable on a date subsequent to the time fixed for the collection of the second installment of general district taxes with which the first…
- § 4996 An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil…
- § 4997 In determining the amount of bonds to be issued, the legislative body may include: (a) All costs and estimated costs incidental to or connected with the…
ARTICLE 5. Powers §§ 5000–5022 · 23 sections
- § 5000 Any district may acquire, construct, and operate works within or without its limits.
- § 5001 It may acquire by gift, purchase, condemnation, or otherwise, all lands, rights of way, or other property necessary therefor.
- § 5002 It may issue and sell bonds for the acquisition and construction of works.
- § 5003 The governing body shall have supervision and control over the construction, acquisition, and operation of the works, and the collection of rates for their use.
- § 5004 The governing body may take all steps and proceedings and make and enter into all contracts or agreements necessary, convenient, or incidental to the…
- § 5005 It may employ engineers, architects, inspectors, superintendents, a manager, collectors, attorneys, and such other employees as in its judgment are necessary…
- § 5006 The governing body shall establish rules and regulations for the use of the works, including all sewers and works connected therewith, as may be necessary or…
- § 5007 The governing body shall provide that all public ways or public works damaged or destroyed in carrying out the provisions of this chapter shall be restored or…
- § 5008 In the operation of the works, the district may do any or all of the following: (a) Sell, or otherwise dispose of any water, sewage effluent, fertilizer, or…
- § 5009 Whenever any community in the district is provided with a sewerage system under this chapter the governing body having jurisdiction over that community shall…
- § 5010 All works acquired or constructed under this chapter where the expense involved exceeds five hundred dollars, shall be done by contract which shall be awarded…
- § 5011 The governing body shall comply with all the conditions and requirements of the Emergency Relief and Construction Act of 1932, respecting the employment of…
- § 5012 Before awarding any contract for construction of works the governing body shall cause to be published a notice inviting sealed bids for doing it. The notice…
- § 5013 All bids shall be accompanied by a certified check payable to the district for an amount that is not less than ten per cent of the aggregate of the bid. No bid…
- § 5014 The bids shall be delivered to the clerk. The governing body shall, in open session, publicly open, examine, and declare them.
- § 5015 The governing body may reject all bids if it deems this for the public good, and shall reject all bids other than the lowest regular responsible bidder, and…
- § 5016 If the bids are rejected or if no bids are received, the governing body may readvertise for bids as in the first instance without further proceedings.
- § 5017 If the successful bidder fails, neglects, or refuses for twenty days after written notice of the award has been mailed him to enter into the contract to…
- § 5018 Each contractor shall, at the time of entering into the contract, execute a surety bond to the satisfaction and approval of the governing body in a sum not…
- § 5019 The contract shall provide that the work shall be commenced within twenty days after the contractor has received written notice from the clerk that there is…
- § 5020 At the time of entering into the contract the contractor shall execute, deliver, and file with the governing body a good and sufficient surety bond, in a sum…
- § 5021 All provisions of the codes and general laws relating to notice and the foreclosure of such liens are applicable, but suit may only be brought on the bond…
- § 5022 In all respects not otherwise provided for in this chapter the bond shall be in conformity with the requirements of the general law of the State regarding…
ARTICLE 6. Finances §§ 5025–5034 · 10 sections
- § 5025 All necessary preliminary expenses incurred by the governing body in carrying out this chapter, including the making of surveys, plans, and estimates of costs…
- § 5026 All compensation of employees, and all other expenses, incurred in carrying out the provisions of this chapter shall be paid solely from funds provided under…
- § 5027 After reimbursement and repayment to the district of all amounts advanced for preliminary expenses, all money, other than premiums and accrued interest,…
- § 5028 The money received from the collection of the rates, together with any other revenue derived from the operation of the works, shall be deposited in a bank by…
- § 5029 In the ordinance for the issuance of bonds the governing body shall provide that the revenues derived from the operation of the works shall be used only for:…
- § 5030 In its discretion the governing body may provide in the ordinance providing for the issuance of bonds that the management, maintenance, operation and repair…
- § 5031 All money received for premium and accrued interest shall be paid into a fund for the payment of interest on the bonds and used for the purposes for which it…
- § 5032 A district issuing bonds shall install and maintain a proper system of accounts, showing the amount of revenue received and its application. The district shall…
- § 5033 The treasurer is custodian of the funds derived from income received from the works constructed or acquired under the provisions of this chapter.
- § 5034 The treasurer shall give a proper surety bond for the faithful discharge of his duties as custodian, which bond shall be fixed and approved by the governing…
ARTICLE 7. Rates and Collection §§ 5040–5056 · 17 sections
- § 5040 The governing body shall establish just and equitable rates for the use and maintenance of the works, to be paid by the person leasing or occupying the…
- § 5041 The governing body shall establish rates that, beyond all reasonable doubt, will bring in sufficient money to meet the interest and principal on all…
- § 5042 Whenever it appears that the rates are insufficient to provide enough money to pay the principal and interest, in addition to the operating expenses, and the…
- § 5043 The governing body may establish variable rates for different classes of users, or for different parts of the area, where all or any portion of the sewage…
- § 5044 However, the rates may only be imposed and collected from the users of all or any portion of such works as are constructed with money derived from the sale of…
- § 5045 If the users of all or any portion of any works previously acquired and financed by other methods receive any additional benefits from the construction or…
- § 5046 No rates shall be established until after a public hearing, at which all the users of the works and owners of property served or proposed to be served thereby…
- § 5047 After introduction of the ordinance, resolution, or order fixing the rate, and before it is finally enacted, notice of the hearing, setting forth the proposed…
- § 5048 After the hearing the ordinance, resolution, or order establishing rates, either as originally introduced or as modified and amended, shall be passed and put…
- § 5049 A copy of the schedule of the rates shall be kept on file in the office of the clerk, and shall be open to inspection by any interested person.
- § 5050 The rates for any class of users or property served may be extended to cover any additional premises thereafter served which fall within the same class,…
- § 5051 Any change or readjustment of the rates shall be made in the same manner as the rates were originally established.
- § 5052 If the rate is not paid when due, on the first day of each calendar month thereafter a penalty of ten per cent of the amount of the delinquent rate shall be…
- § 5053 The rates and penalties may be collected in the following manner: (a) An action may be brought in the name of the district against the person who occupied the…
- § 5054 The remedies specified for collecting and enforcing rates are cumulative and may be pursued alternatively or may be used consecutively when the governing body…
- § 5055 Until the principal and interest of the bonds are fully paid any holder of any bond outstanding at any time may compel the use of any or all of the remedies…
- § 5056 After rates are fixed pursuant to this article, any person may pay such rates under protest and bring an action against the governing body in the superior…
ARTICLE 8. Leases §§ 5060–5063 · 4 sections
- § 5060 Any district owning or operating works may contract with one or more other cities, counties, sanitation districts, or sanitary districts for the use of the…
- § 5061 The governing body of the district may by ordinance establish, change, and adjust rates for the service rendered in the lessee-district by the works, against…
- § 5062 The necessary intercepting sewers and appurtenant works for connecting the works of the owner-district with the sewerage system of the lessee-district shall be…
- § 5063 The income received by the owner-district under the contract shall, if so provided in the ordinance, be deemed to be a part of the revenue of the works. The…
ARTICLE 9. Annexation and Exclusion §§ 5070–5072 · 3 sections
- § 5070 Territory which has become annexed to a district which has authorized the issuance of bonds pursuant to this chapter, and which territory shall use the works,…
- § 5071 Territory which has been withdrawn from a district which has authorized the issuance of bonds pursuant to this chapter, and which territory continues to use…
- § 5072 A city to which any territory has been annexed, whether or not said territory has been withdrawn from a district which has authorized the issuance of bonds…
CHAPTER 6. General Provisions with Respect to Sewers §§ 5400–5474.10 · 44 sections
ARTICLE 1. Rights of Way for Sewers and Drainage § 5400 · 1 section
- § 5400 The board of supervisors of a county may vacate or abandon easements for sewage or drainage purposes whenever it determines that they are no longer required…
ARTICLE 2. Sewage and Other Waste §§ 5410–5416 · 9 sections
- § 5410 As used in this chapter: (a) “Waste” includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human…
- § 5411 No person shall discharge sewage or other waste, or the effluent of treated sewage or other waste, in any manner which will result in contamination, pollution…
- § 5411.5 (a) Any person who, without regard to intent or negligence, causes or permits any sewage or other waste, or the effluent of treated sewage or other waste, to…
- § 5412 Whenever the state department or any local health officer finds that a contamination exists, the state department or officer shall order the contamination…
- § 5412.5 (a) Any person who, without regard to intent or negligence, causes or permits any sewage or other waste, or the effluent of treated sewage or other waste to be…
- § 5413 Whenever the state department finds that a pollution or nuisance does, in fact, exist, that condition shall be immediately referred by the state department to…
- § 5414 With respect to any condition of contamination, the state department may accept the action of any state, county, or municipal officer or agency having…
- § 5415 No provision in this chapter is a limitation on any of the following: (a) The authority of a city or county to adopt and enforce additional regulations not in…
- § 5416 (a) There shall be not less than one water closet for each 20 employees or fractional part thereof working at a construction job site. (b) The water closet…
ARTICLE 3. Procedure for Abatement §§ 5460–5465 · 6 sections
- § 5460 The state department or local health officer may issue a peremptory order requiring the abatement of a contamination, and shall immediately furnish to the…
- § 5461 Any person who discharges sewage or other waste in any manner which results in contamination is guilty of a misdemeanor.
- § 5462 Any action taken pursuant to this article with respect to the abatement of contamination created by the disposal of sewage or other waste from a community or…
- § 5463 Any health officer or governing board of any city, county, sanitary district, or other district having the power to operate and maintain a sewerage system,…
- § 5464 An owner or reputed owner, who has his or her property included within an assessment district for the construction of a main trunkline or collector sewer…
- § 5465 (a) The procedures specified in this section may be used by a public agency that is an entity, as defined in Section 5470. (b) An entity may use the procedures…
ARTICLE 4. Sanitation and Sewerage Systems §§ 5470–5474.10 · 28 sections
- § 5470 The following words wherever used in this article shall be construed as defined in this section, unless from the context a different meaning is intended, or…
- § 5471 (a) In addition to the powers granted in the principal act, any entity shall have power, by an ordinance or resolution approved by a two-thirds vote of the…
- § 5472 After fees, rates, tolls, rentals or other charges are fixed pursuant to this article, any person may pay such fees, rates, tolls, rentals or other charges…
- § 5472.5 The rates may be collected with the rates for any other utility service furnished by a department or agency of that entity over which the legislative body…
- § 5473 Any entity which has adopted an ordinance or resolution pursuant to this article or an order pursuant to Section 6520.5 may, by such ordinance or resolution or…
- § 5473a Any entity may make the election specified in Section 5473 with respect only to delinquent charges and may do so by preparing and filing the written report,…
- § 5473.1 The clerk shall cause notice of the filing of said report and of a time and place of hearing thereon to be published pursuant to Section 6066 of the Government…
- § 5473.2 At the time stated in the notice, the legislative body shall hear and consider all objections or protests, if any, to said report referred to in said notice…
- § 5473.3 Upon the conclusion of the hearing, the legislative body may adopt, revise, change, reduce or modify any charge or overrule any or all objections and shall…
- § 5473.4 On or before August 10 of each year following the final determination upon each charge, the clerk shall file with the county auditor a copy of the report…
- § 5473.5 Except as provided in Section 5473.8, the amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been…
- § 5473.6 The tax collector shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land.
- § 5473.7 Thereafter the amount of the charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately…
- § 5473.8 All laws applicable to the levy, collection, and enforcement of general taxes of the entity, including, but not limited to, those pertaining to the matters of…
- § 5473.9 The tax collector may, in his discretion, issue separate bills for such charges and separate receipts for collection on account of such charges. The county…
- § 5473.10 The entity may provide for a basic penalty of not more than 10 percent for nonpayment of the charges within the time and in the manner prescribed by it, and in…
- § 5473.11 (a) An entity shall notify the assessee shown on the latest equalized assessment roll whenever delinquent and unpaid charges for services which would become a…
- § 5474 An entity shall have the power by ordinance or resolution approved by two-thirds vote of the members of the legislative body thereof to fix fees or charges for…
- § 5474.1 The notice shall be published pursuant to Section 6063 of the Government Code prior to the date set for hearing. At least 10 days prior to the date of hearing…
- § 5474.2 At the time stated in the notice the legislative body shall hear and consider all objections or protests, if any, to the imposition of the fees or charges as…
- § 5474.3 Upon the conclusion of the hearing, the legislative body may adopt, revise, change, reduce or modify the fees or charges or may overrule any or all objections…
- § 5474.4 On or before August 10 of each year following the final determination, the legislative body shall certify to the county auditor a list of the lots or parcels…
- § 5474.5 The county auditor shall enter on the current assessment roll the amounts of the installments of any fees or charges and interest and, except as provided in…
- § 5474.6 (a) The tax collector shall include the amounts of the installments of fees or charges and the interest on bills for taxes levied against the respective lots…
- § 5474.7 The tax collector may, in his discretion, issue separate bills for such installments of fees or charges and interest. The county shall be compensated for…
- § 5474.8 Fees or charges imposed by an entity by ordinance or resolution adopted pursuant to Section 5474 may differ in amount or method of computation from fees or…
- § 5474.9 Revenues derived from fees or charges imposed pursuant to Section 5474 shall be used only for the acquisition, construction, reconstruction, maintenance and…
- § 5474.10 The authority for the imposition of fees or charges by entities pursuant to Section 5474 shall be in addition to the authority granted to such entities by any…
CHAPTER 7. Effect on Previous Laws § 5475 · 1 section
- § 5475 No right or obligation accrued by the formation or operation of a municipal sewer district pursuant to the provisions of Chapter 673, Statutes of 1909, is…
CHAPTER 9. Joint Municipal Sewage Disposal District Act § 5745 · 1 section
ARTICLE 5.5. Claims § 5745 · 1 section
- § 5745 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
CHAPTER 10. Regional Sewage Disposal Districts § 6096 · 1 section
- § 6096 Claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6…
CHAPTER 11. Assistance to Small Rural Communities §§ 6120–6127 · 8 sections
- § 6120 Unless the context otherwise requires, the definitions in this section govern the construction of this chapter. (a) “Community facility” means a public or…
- § 6121 The Legislature finds and declares that small rural communities are unable to take advantage of various local, state, and federal facility development programs…
- § 6122 The department shall establish a Rural Community Facilities Technical Assistance Program, under which, subject to the availability of funds therefor, contracts…
- § 6123 The program shall be administered by the Director of Housing and Community Development.
- § 6124 The program shall be for the purpose of helping rural and low-income communities to take advantage of various local, state, and federal financing programs to…
- § 6125 The Rural Community Facility Grant Fund is hereby created in the State Treasury. The fund is continuously appropriated, without regard to fiscal years,…
- § 6126 The department shall grant funds by contract with eligible grantees under the following conditions: (a) That grantees shall have the ability to provide all…
- § 6127 The department shall develop and adopt rules and regulations to implement the provisions of this chapter.