CHAPTER 3. County Sanitation Districts [4700. - 4859.]

Chapter 3 enacted by Stats. 1939, Ch. 60.

§§ 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…