Article 4. Sanitation And Sewerage Systems of California Health And Safety Code >> Division 5. >> Part 3. >> Chapter 6. >> Article 4.
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 unless a different meaning is
specifically defined and more particularly directed to the use of
such words:
(a) Assessment Roll. "Assessment roll" refers to the assessment
roll upon which general taxes of the entity are collected.
(b) Auditor. "Auditor" means the financial officer of the entity.
(c) Clerk. "Clerk" means the clerk of the legislative body or
secretary of the entity.
(d) Chambers. "Chambers" refers to the place where the regular
meetings of the legislative body of the entity are held.
(e) Entity. "Entity" means and includes counties, cities and
counties, cities, sanitary districts, county sanitation districts,
county service areas, sewer maintenance districts, and other public
corporations and districts authorized to acquire, construct, maintain
and operate sanitary sewers and sewerage systems.
(f) Rates or Charges. "Rates or charges" shall mean fees, tolls,
rates, rentals, or other charges for services and facilities
furnished by an entity in connection with its sanitation or sewerage
systems, including garbage and refuse collection.
(g) Real Estate. "Real estate" includes:
(1) The possession of, claim to, ownership of, or right to
possession of land; and
(2) Improvements on land.
(h) Tax Collector. "Tax collector" means the officer who collects
general taxes for the entity.
The amendment of this section made by the 1972 Regular Session of
the Legislature does not constitute a change in, but is declaratory
of, the preexisting law.
(a) In addition to the powers granted in the principal act,
any entity shall have power, by an ordinance approved by a two-thirds
vote of the members of the legislative body thereof, to prescribe,
revise and collect, fees, tolls, rates, rentals, or other charges for
services and facilities furnished by it, either within or without
its territorial limits, in connection with its water, sanitation,
storm drainage, or sewerage system.
(b) In addition to the powers granted in the principal act, any
entity shall have power, pursuant to the notice, protest, and hearing
procedures in Section 53753 of the Government Code, to prescribe,
revise, and collect water, sewer, or water and sewer standby or
immediate availability charges for services and facilities furnished
by it, either within or without its territorial limits, in connection
with its water, sanitation, storm drainage, or sewerage system.
(c) The entity may provide that the charge for the service shall
be collected with the rates, tolls, and charges for any other
utility, and that any or all of these charges may be billed upon the
same bill. Where the charge is to be collected with the charges for
any other utility service furnished by a department or agency of the
entity and over which its legislative body does not exercise control,
the consent of the department or agency shall be obtained prior to
collecting water, sanitation, storm drainage, or sewerage charges
with the charges for any other utility. Revenues derived under the
provisions in this section, shall be used only for the acquisition,
construction, reconstruction, maintenance, and operation of water
systems and sanitation, storm drainage, or sewerage facilities, to
repay principal and interest on bonds issued for the construction or
reconstruction of these water systems and sanitary, storm drainage,
or sewerage facilities and to repay federal or state loans or
advances made to the entity for the construction or reconstruction of
water systems and sanitary, storm drainage, or sewerage facilities.
However, the revenue shall not be used for the acquisition or
construction of new local street sewers or laterals as distinguished
from main trunk, interceptor and outfall sewers.
(d) If the procedures set forth in this section as it read at the
time a standby charge was established were followed, the entity may,
by ordinance adopted by a two-thirds vote of the members of the
legislative body thereof, continue the charge pursuant to this
section in successive years at the same rate. If new, increased, or
extended assessments are proposed, the entity shall comply with the
notice, protest, and hearing procedures in Section 53753 of the
Government Code.
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 under protest and bring an action against
the city or city and county in the superior court to recover any
money which the legislative body refuses to refund. Payments made and
actions brought under this section, shall be made and brought in the
manner provided for payment of taxes under protest and actions for
refund thereof in Article 2, Chapter 5, Part 9, of Division 1 of the
Revenue and Taxation Code, insofar as those provisions are
applicable.
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 thereof does not exercise control, or
with a publicly or privately owned public utility, with the written
consent and agreement of that department or agency or public utility
owner, which agreement shall establish the terms and conditions upon
which the collections shall be made. The agreement, in the discretion
of the department or agency or public utility owner making the
collections, also may provide that those rates shall be itemized,
billed upon the same bill, and collected as one item, together with,
and not separately from, the other utility service charge.
Any entity which has adopted an ordinance pursuant to this
article or an order pursuant to Section 6520.5 may, by such ordinance
or by separate ordinances or resolutions approved by a two-thirds
vote of the members of the legislative body thereof, elect to have
such charges collected on the tax roll in the same manner, by the
same persons, and at the same time as, together with and not
separately from, its general taxes. In such event, it shall cause a
written report to be prepared each year and filed with the clerk,
which shall contain a description of each parcel of real property
receiving such services and facilities and the amount of the charge
for each parcel for the year, computed in conformity with the charges
prescribed by the ordinance or resolution.
Any ordinance or resolution adopted pursuant to this section
authorizing the collection of charges on the tax roll shall remain in
effect for the time specified in the ordinance or resolution or, if
no time is specified in the ordinance or resolution, until repealed
or until a change is made in the rates charged by the entity.
The powers authorized by this section shall be alternative to all
other powers of any entity, and alternative to other procedures
adopted by the legislative body thereof for the collection of such
charges.
The real property may be described by reference to maps prepared
in accordance with Section 327, Revenue and Taxation Code, and on
file in the office of the county assessor or by reference to plats or
maps on file in the office of the clerk.
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, giving notice and holding the hearing
therein required only as to such delinquencies.
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 Code prior to the date set for
hearing, in a newspaper of general circulation printed and published
within the entity if there is one and if not then in such paper
printed and published in the county within which the greater part of
such district is located.
Before any entity may have such charges collected on the tax roll
for the first time following the effective date of this section, the
clerk shall cause a notice in writing of the filing of said report
proposing to have such charges for the forthcoming fiscal year
collected on the tax roll and of the time and place of hearing
thereon, to be mailed to each person to whom any parcel or parcels of
real property described in said report is assessed in the last
equalized assessment roll available on the date said report is
prepared, at the address shown on said assessment roll or as known to
said clerk. If the legislative body adopts the report, then the
requirements for notice in writing to the persons to whom parcels of
real property are assessed shall not apply to hearings on reports
prepared in subsequent fiscal years but notice by publication as
herein provided shall be adequate.
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 and may continue the hearing from
time to time. If the legislative body finds that protest is made by
the owners of a majority of separate parcels of property described in
the report, then the report shall not be adopted and the charges
shall be collected separately from the tax roll and shall not
constitute a lien against any parcel or parcels of land.
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 make its determination upon each
charge as described in said report which determination shall be
final.
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 prepared pursuant to Section 5473 with a
statement endorsed on the report over his or her signature that the
report has been finally adopted by the legislative body of the entity
and the county auditor shall enter the amounts of the charges
against the respective lots or parcels of land as they appear on the
current assessment roll. Where any of the parcels are outside the
boundaries of the entity they shall be added to the assessment roll
of the entity for the purpose of collecting the charges. If the
property is not described on the roll, the county auditor may enter
the description on the roll together with the amounts of the charges,
as shown in the report.
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 imposed as of noon on the first
Monday in March immediately preceding the date of levy.
The tax collector shall include the amount of the charges
on bills for taxes levied against the respective lots and parcels of
land.
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 from, the general taxes for the
entity, and shall be delinquent at the same time and thereafter be
subject to the same delinquency penalties.
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 delinquency,
correction, cancellation, refund, and redemption, are applicable to
the charges authorized pursuant to this article, except that if any
real property to which these charges relate has been transferred or
conveyed to a bona fide purchaser for value or a lien of a bona fide
encumbrancer for value has been created and attaches thereon during
the year prior to the date on which the first installment of the
general taxes that include the charges appears on the assessment
roll, then the lien which would otherwise be imposed by Section
5473.5 shall not attach to the real property and the charges relating
to that property shall be transferred to the unsecured roll of
collection.
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 shall be compensated for services
rendered in connection with the levy, collection and enforcement of
such charges for an entity other than the county in an amount to be
fixed by agreement between the board of supervisors and the
legislative body of the entity. The compensation shall not exceed
five dollars ($5) for each account handled, or 1 percent of all money
collected, whichever is greater. The compensation shall be paid into
the county salary fund.
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 addition may provide for a
penalty of not exceeding 1 and one-half percent per month for
nonpayment of the charges and basic penalty. It may provide for
collection of the penalties herein provided for.
(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 lien on the property
pursuant to subdivision (b) remain delinquent and unpaid for 60 days.
(b) The amount of the unpaid charges may, in the discretion of the
entity, be secured at any time by filing for record in the office of
the county recorder of any county, a certificate specifying the
amount of the unpaid charges and the name and address of the person
liable for those unpaid charges. From the time of recordation of the
certificate, the amount required to be paid together with interest
and penalty constitutes a lien upon all real property in the county
owned by the person or afterwards, and before the lien expires,
acquired by him or her. The lien shall have the force, priority, and
effect of a judgment lien and shall continue for 10 years from the
date of the filing of the certificate unless sooner released or
otherwise discharged. The lien may, within 10 years from the filing
of the certificate or within 10 years from the date of the last
extension of the lien in the manner herein provided, be extended by
filing for record a new certificate in the office of the county
recorder of any county and from the time of this filing the lien
shall be extended to the real property in this county for 10 years
unless sooner released or otherwise discharged.
An entity shall have the power by ordinance approved by
two-thirds vote of the members of the legislative body thereof to fix
fees or charges for the privilege of connecting to its sanitation or
sewerage facilities and improvements constructed by the entity
pursuant to Sections 5463 and 5464, to fix the time or times at which
the fees or charges shall become due, to provide for the payment of
the fees or charges prior to connection or in installments over a
period of not to exceed 30 years, to provide the rate of interest,
not to exceed 12 percent per annum, to be charged on the unpaid
balance of the fees or charges, and to provide that the amount of the
fees or charges and the interest thereon shall constitute a lien
against the respective lots or parcels of land to which the
facilities are connected at the time and in the manner specified in
Sections 5473.5 and 5473.8. Prior to making the fees or charges a
lien against the land, the legislative body shall give notice to the
owners of the lots or parcels of land affected, and the notice shall
set forth all of the following:
(a) The schedule of fees or charges to be imposed by the entity.
(b) A description of the property subject to the fees or charges,
which description may be by reference to a plat or diagram on file in
the office of the clerk of the legislative body, or to maps prepared
in accordance with Section 327 of the Revenue and Taxation Code, and
on file in the office of the county assessor.
(c) The time or times at which the fees or charges shall become
due.
(d) The number of installments in which the fees or charges shall
be payable.
(e) The rate of interest, not to exceed 12 percent per annum, to
be charged on the unpaid balance of the fees or charges.
(f) That it is proposed that the fees or charges and interest
thereon shall constitute a lien against the lots or parcels of land
to which the facilities are furnished.
(g) The time and place at which the legislative body will hold a
hearing at which persons may appear and present any and all
objections they may have to the imposition of the fees or charges as
a lien against the land.
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 written notice thereof shall be
mailed to all persons owning land subject to such fees or charges,
whose names and addresses appear on the last equalized assessment
roll.
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 set forth in said notice and may
continue the hearing from time to time.
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 and make its determination, which
determination shall be final.
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 of land, as they appear on the
current assessment roll, subject to any fees or charges and the
amounts of the installments of those fees or charges and interest to
be entered against the lots or parcels on the assessment roll. In the
event a lot or parcel connected to the facilities is subsequently
divided into two or more lots or parcels as shown on the current
assessment roll, the legislative body shall designate the lot or
parcel that remains connected to the facilities and against which the
installments of the fees or charges and interest are to be entered.
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 Section 5474.6, the amounts
thereof shall constitute a lien against the lot or parcel of land
against which levied as of noon on the first Monday in March
immediately preceding the date of entry.
(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 and parcels of land. Thereafter,
all laws applicable to the levy, collection and enforcement of taxes
of the entity, including penalties and interest thereon and
cancellation or refund thereof, shall be applicable to those
installments of fees or charges and interest, except that, if any
real property to which the fees or charges relate has been
transferred or conveyed to a bona fide purchaser for value or a lien
of a bona fide encumbrancer for value has been created and attaches
thereon during the year prior to the date on which the first
installment of the general taxes that include the fees or charges
appears on the assessment roll, then the lien which would otherwise
be imposed by Section 5474.5 shall not attach to the real property
and the fees or charges and interest shall be transferred to the
unsecured roll for collection.
(b) The amount of the unpaid installments of fees or charges and
interest may, in the discretion of the entity, be secured at any time
by filing for record in the office of the county recorder of any
county, a certificate specifying the amount of the fees or charges
and interest and the name and address of the person liable therefor.
From the time of recordation of the certificate, the amount required
to be paid together with interest and penalty constitutes a lien upon
all real property in the county owned by the person or afterwards,
and before the lien expires, acquired by him or her. The lien shall
have the force, priority, and effect of a judgment lien and shall
continue for 10 years from the date of the filing of the certificate
unless sooner released or otherwise discharged. The lien may, within
10 years from the filing of the certificate or within 10 years from
the date of the last extension of the lien in the manner herein
provided, be extended by filing for record a new certificate in the
office of the county recorder of any county and from the time of this
filing the lien shall be extended to the real property in this
county for 10 years unless sooner released or otherwise discharged.
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 services, if any, rendered in
connection with the levy, collection and enforcement of such
installments of fees or charges and interest in an amount to be fixed
by agreement between the board of supervisors and the legislative
body of the entity. The compensation shall not exceed 1 percent of
all money collected for the entity.
Fees or charges imposed by an entity by ordinance adopted
pursuant to Section 5474 may differ in amount or method of
computation from fees or charges imposed by any other ordinance of
such entity adopted pursuant to said Section 5474.
Revenues derived from fees or charges imposed pursuant to
Section 5474 shall be used only for the acquisition, construction,
reconstruction, maintenance and operation of sanitation or sewerage
facilities, to pay municipalities for sewer service collection
charges, to repay principal and interest on bonds issued for
construction or reconstruction of such sanitation or sewerage
facilities and to repay federal or state loans or advances made to
entities for the construction or reconstruction of sanitation or
sewerage facilities; provided, however, that such revenue shall not
be used for the acquisition or construction of new local street
sewers or laterals as distinguished from main trunk, interceptor and
outfall sewers.
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 other law authorizing such
entities to establish fees, tolls, rates, rentals or other charges.