CHAPTER 4.5. Maintenance Areas
Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464.
§§ 12878–12878.45 · 46 sections
ARTICLE 1. Formation of Maintenance Areas §§ 12878–12878.21 · 22 sections
- § 12878 Unless the context otherwise requires, the following definitions apply throughout this chapter: (a) “Department” means Department of Water Resources. (b)…
- § 12878.1 (a) If the department determines that a unit of a project is not being operated or maintained in accordance with the standards established by federal…
- § 12878.2 The statement shall include a description of the unit and the name of the local agency, if any, responsible for its operation and maintenance and such…
- § 12878.3 Any such statement shall not be admissible as evidence in any court action brought against the local agency, its governing body or any member thereof or the…
- § 12878.4 If the local agency, within 45 days after the date of receipt of the said statement of the department, files a protest thereto with the board or department…
- § 12878.5 If no protest is received by the board or department pursuant to the provisions of the preceding section, the board or department shall adopt and establish the…
- § 12878.6 If, within 30 days after conclusion of the hearing held pursuant to Section 12878.4 of this code, the governing body of the local agency has not given…
- § 12878.7 The board or department shall prepare a description of the proposed boundaries together with a map thereof for each maintenance area to be formed. For the…
- § 12878.8 Any maintenance area may be divided into zones when it is determined by the investigation that the benefit to the land in the area is not uniform throughout…
- § 12878.9 If a maintenance area is divided into zones, the zones shall be given a numerical designation starting with Zone 1 which shall be the zone which receives the…
- § 12878.10 Upon completion of the said description and map, the board or department shall schedule a hearing to be held either at some convenient place within the…
- § 12878.11 Notice of the hearing shall be given by publication in at least one newspaper of general circulation within the proposed boundaries of the maintenance area for…
- § 12878.12 The notice shall state the time and place of hearing, that the purpose of the hearing is to establish the boundaries of the maintenance area benefited by the…
- § 12878.13 At the hearing any owner of land within the proposed boundaries of the maintenance area or other interested person may offer, and the board or department shall…
- § 12878.14 Land lying without the exterior boundaries of the proposed maintenance area as shown on the map prepared by the board or department shall not be included…
- § 12878.15 When any such additional land is proposed to be included and the owner’s consent is not given, the hearing shall be adjourned to a specified time and place.
- § 12878.16 Notice of such adjourned hearing, where additional land is to be included, and the purpose thereof shall be given by publication of notice at least once a week…
- § 12878.17 Upon the final conclusion of such hearing the board or department shall establish the boundaries of the maintenance area and of the zones therein and the…
- § 12878.18 Land benefited by more than one unit may be included within as many maintenance areas as there are units by which it is benefited.
- § 12878.19 The establishment of a maintenance area pursuant to this chapter shall be evidenced by an order or resolution of the board or director creating such area. The…
- § 12878.20 The order or resolution determining and establishing the boundaries thereof shall be filed for record in the office of the county recorder of each county…
- § 12878.21 Upon the formation of a maintenance area, the department shall thereafter operate and maintain the unit until such time as the maintenance area may be…
ARTICLE 2. Dissolution of Maintenance Areas § 12878.22 · 1 section
- § 12878.22 Any local agency obligated by Chapters 2 (commencing at Section 12639) and 4 (commencing at Section 12850) of this part, or by Section 8370 of this code, or by…
ARTICLE 3. Modification of Maintenance Areas §§ 12878.23–12878.24 · 2 sections
- § 12878.23 (a) The board or the department may modify the boundaries of any established maintenance area or zones within the maintenance area, the description of works to…
- § 12878.24 Upon receipt of any such petition for modification or upon initiation of any such proceeding by its own action the board or department shall conduct such…
ARTICLE 4. Assessments for Maintenance and Operation §§ 12878.25–12878.40 · 16 sections
- § 12878.25 The land within each zone, and the land within each maintenance area, if no zones are established therein, shall be conclusively presumed to be benefited by…
- § 12878.26 Each maintenance area is a district within which assessments are collected according to the value or to the benefit product as defined in Section 12878.40 of…
- § 12878.27 The department shall, prior to the first day of April of each year, estimate the cost of the operation and maintenance of each unit during the ensuing fiscal…
- § 12878.28 Following the first day of April of each year, the board or department shall hold a hearing at Sacramento on the matter of fixing the estimates and assessments…
- § 12878.29 Notice of the hearing shall be given by publication in at least one newspaper of general circulation in each maintenance area affected for at least once a week…
- § 12878.30 The notice shall set the time and place of the hearing which shall be held not less than 10 days following the completion of publication as to all maintenance…
- § 12878.31 At the hearing any owner of land in any maintenance area affected, or other interested person may offer, and the board or department shall receive, any…
- § 12878.32 Upon the final conclusion of such hearing the board or department shall fix the amount of the estimate for each such unit for all purposes of the assessments…
- § 12878.33 If any area or zone lies within more than one county, the department shall divide the amount of the estimate in the proportion of the acreage in each county,…
- § 12878.34 The department shall certify to the auditor and board of supervisors of each county in which each maintenance area, or part thereof, lies, the amount required,…
- § 12878.35 The board of supervisors of each county in which there lies a maintenance area or any portion thereof shall annually, and at the time of levying county taxes,…
- § 12878.36 Each assessment shall be identified by the name and number, if any, of the area, and by the number of the zone, if a zone is involved.
- § 12878.37 The board of supervisors shall determine a rate of assessment sufficient to cover the amount of the estimate for each area or zone, making reasonable allowance…
- § 12878.38 Assessments levied pursuant to this article shall be collected at the same time and in the same manner as county taxes. So far as applicable, all provisions of…
- § 12878.39 All money raised by such assessments shall be accounted for separately as to each area and zone. All such money shall be transmitted by January 1st and July…
- § 12878.40 (a) The Legislature hereby finds and declares that a county may face substantial expense in maintaining a roll or system which reflects both current values of…
ARTICLE 5. Administration of Maintenance Area Funds §§ 12878.41–12878.45 · 5 sections
- § 12878.41 All money deposited in the Water Resources Revolving Fund pursuant to Section 12878.39, and all money transferred to the Water Resources Revolving Fund from…
- § 12878.42 The department shall keep a separate account for each maintenance area as to money deposited under Section 12878.39 and expenditures under this chapter in such…
- § 12878.43 The department shall keep a separate account for money appropriated for the purposes of this chapter from the General Fund. The money in this account shall be…
- § 12878.44 Money expended upon any unit during any fiscal year shall not exceed by more than 20 percent the amount of the estimate for that unit for that fiscal year,…
- § 12878.45 The State Controller shall have no responsibility for verifying the correctness of the claim as to the account upon which it is drawn, and the State Controller…