Chapter 3. Officers of California Health And Safety Code >> Division 6. >> Part 1. >> Chapter 3.
(a) The officers of the district are an assessor and five
members of the board.
(b) Any member of the legislative body of a city whose territory
is encompassed, in whole or in part, by the boundaries of the
district is not disqualified from holding office as a member of the
board solely because of his membership on such legislative body.
(a) Notwithstanding Section 6480, the local agency
formation commission, in approving either a consolidation of
districts or the reorganization of two or more districts into a
single sanitary district may, pursuant to subdivisions (k) and (n) of
Section 56886 of the Government Code, increase the number of
directors to serve on the board of directors of the consolidated or
reorganized district to 7, 9, or 11, who shall be members of the
board of directors of the districts to be consolidated or reorganized
as of the effective date of the consolidation or reorganization.
(b) Upon the expiration of the terms of the members of the board
of directors of the consolidated district, or a district reorganized
as described in subdivision (a), whose terms first expire following
the effective date of the consolidation or reorganization, the total
number of members on the board of directors shall be reduced until
the number equals the number of members permitted by the principal
act of the consolidated or reorganized district, or any larger number
as may be specified by the local agency formation commission in
approving the consolidation or reorganization.
(c) In addition to the powers granted under Section 1780 of the
Government Code, in the event of a vacancy on the board of directors
of the consolidated district or a district reorganized as described
in subdivision (a) at which time the total number of directors is
greater than five, the board of directors may, by majority vote of
the remaining members of the board, choose not to fill the vacancy.
In that event, the total membership of the board of directors shall
be reduced by one board member. Upon making the determination not to
fill a vacancy, the board of directors shall notify the board of
supervisors of its decision.
(d) For the purposes of this section: "consolidation" means
consolidation, as defined in Section 56030 of the Government Code;
"district" or "special district" means district or special district,
as defined in Section 56036 of the Government Code; and
"reorganization" means reorganization, as defined in Section 56073 of
the Government Code.
At any time within two years after a sanitary district
consolidates with or annexes the territory of a district having
powers and functions substantially identical to those of a sanitary
district formed pursuant to this part, the board of directors of the
sanitary district may, by resolution, increase the number of members
of the board from five to seven, and may designate the first two
additional members to serve on the enlarged board. If the board is
enlarged subsequent to the consolidation with, or the annexation of
the territory of, another district, the first two additional
directors so designated shall be resident voters of such consolidated
or annexed territory. The board shall determine the term of office
of each of the new directors so appointed, but in no event shall such
term designated by the board be for more than four years. The terms
of office thus created shall be determined in such a manner as to
keep as nearly equal as practicable the number of directors to be
elected at each subsequent general district election. Upon the
expiration of such term so designated by the board, the membership
shall be filled at the next general district election and general
district elections held thereafter for the election of officers of
Any references to five members of the board in this part mean
seven members as applied to a board increased in size pursuant to
this section. In the same manner, references to three members mean
four members and to two members mean three members, and references to
a four-fifths vote mean a five-sevenths vote, as applied to an
If a consolidation involving the Capistrano Beach Sanitary
District and the Dana Point Sanitary District is approved, the board
of directors of the consolidated district shall initially consist of
10 members who shall be the members of the boards of directors of the
two districts as of the effective date of the consolidation.
Notwithstanding Section 56844 of the Government Code, those board
members shall determine within 60 days from the effective date of the
consolidation whether the board of directors shall consist of 5, 7,
9, or 11 members, and they shall further determine within that time
the persons who shall thereafter be members of the board of
directors. If those board members determine that the board of
directors shall consist of 11 members, they shall appoint the
eleventh member whose term shall be the same as the terms of the
members of the board of directors whose terms will first expire. Upon
making those determinations, the members so selected shall notify by
resolution the Board of Supervisors and the Registrar of Voters of
the County of Orange of the number of members and the names of the
persons who have been selected or appointed as members of the board
of directors, and of the expiration dates of their terms of office.
If that selection and appointment process is not completed within 60
days of the effective date of the consolidation, the Board of
Supervisors of the County of Orange shall determine the number of
members of the board of directors and shall select the members of the
board of directors from among those 10 persons, or call a special
election for the election of the directors of the consolidated
district on the next available election date. In that event, those 10
persons shall serve as the board of directors until the results of
the special election are declared by the board of supervisors.
The board is the governing power of the district, and
exercises all district powers, except the making of an assessment
roll in the first instance.
Except as to those members of the board who are elected at
the election on formation, the term of office of each member of the
board is four years and each holds office until the election and
qualification of his successors or his resignation or termination of
residence within the district.
Vacancies in the membership of the board shall be filled
pursuant to Section 1780 of the Government Code.
The members of the board elected at the election as a result
of which the district was organized or, if the district is
reorganized under this part, then the five members in office at the
time of the reorganization shall, at their first meeting, or as soon
thereafter as may be practicable, so classify themselves, by lot,
that they shall go out of office as follows:
(a) Two shall serve until the election held in the first
even-numbered year after the year in which the district is formed or
reorganized, and until the election and qualification of their
(b) Three shall serve until the second even-numbered year after
the district is formed or reorganized, and until the election and
qualification of their successors.
Notwithstanding any other provision of this part, except in
districts that consolidate the election of directors with the direct
primary election, the terms of office of members of the board in all
districts existing on January 1, 1967, shall be determined as
provided in Section 10507 of the Elections Code, and the terms of
office of members of the board in all new districts shall be
determined as provided in Section 10505 of the Elections Code.
At its first meeting, or as soon thereafter as may be
practicable, the board shall choose one of its members as president,
and shall appoint a secretary who may be a member of the board.
All contracts, deeds, warrants, releases, receipts, and
documents shall be signed in the name of the district by its
president, and countersigned by its secretary, except that the board
may, by resolution, authorize the district manager or other district
employees specified by the board to sign contracts, warrants,
releases, receipts, and similar documents in the name of the
The board shall hold such meetings, either in the day or in
the evening, as may be convenient.
In case of the absence or inability of the president or secretary
to act, the board shall choose a president pro tem., or secretary pro
tem., or both as the case may be.
(a) Subject to subdivision (b), each of the members of the
board shall receive compensation in an amount not to exceed one
hundred dollars ($100) per day for each day's attendance at meetings
of the board or for each day's service rendered as a director by
request of the board, not exceeding a total of six days in any
calendar month, together with any expenses incident thereto.
(b) The district board, by ordinance adopted pursuant to Chapter 2
(commencing with Section 20200) of Division 10 of the Water Code,
may increase the compensation received by board members above the
amount of one hundred dollars ($100) per day.
(c) The secretary of the sanitary board shall receive compensation
to be set by the sanitary district board, which compensation shall
be in lieu of any other compensation to which he or she may be
entitled by reason of attendance at the meeting or meetings of the
(d) For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be
made pursuant to Article 2.3 (commencing with Section 53232) of
Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
(e) Reimbursement for these expenses is subject to Sections
53232.2 and 53232.3 of the Government Code.
(a) A general regulation of the board shall be entered in its
minutes, and shall be published once in a newspaper published in the
district, if there is one, and if not, then it shall be posted for
one week in three public places in the district.
(b) The publication or posting of general regulations, as required
by subdivision (a), may be satisfied by either of the following
(1) The board of directors may publish a summary of a proposed
regulation or ordinance or proposed amendment to an existing
regulation or ordinance. This summary shall be prepared by an
official designated by the board. A summary shall be published along
with the names of those board members voting for and against the
regulation or ordinance or amendment, and a certified copy of the
full text of the proposed regulation or ordinance or proposed
amendment to same shall be posted in the office of the clerk of the
board, along with the names of those board members voting for and
against the regulation, ordinance, or amendment.
(2) If the official designated by the board determines that it is
not feasible to prepare a fair and adequate summary of the regulation
or ordinance or amendment to same, and if the board so orders, a
display advertisement of at least one-quarter of a page in a
newspaper published in the district shall be published. The
advertisement shall indicate the general nature of, and provide
information about, the regulation, ordinance, or amendment, including
information sufficient to enable the public to obtain copies of the
complete text of the regulation or ordinance or amendment to same,
and the names of those board members voting for and against the
regulation, ordinance, or amendment.
(c) A subsequent order of the board that publication or posting
has been made is conclusive evidence that the publication or posting
has been properly made.
(d) A general regulation takes effect upon expiration of the week
of publication or posting.
Unless otherwise provided by this part, orders not
establishing a general regulation need not be published or posted,
but shall be entered in the minutes and shall take effect upon
The district board may, by general regulation, adopt codes
or specifications controlling the manner of construction, repair,
maintenance and operation of facilities referred to in Sections 6512
and 6522. Such codes or specifications need not be set out in full in
such general regulation but may be incorporated therein by
reference. Copies of such codes or specifications shall be available
for examination in the office of the secretary at all times.
The district board may, by general regulation, adopt a code
by reference in the same manner as legislative bodies of local
agencies are authorized to adopt primary and secondary codes by
reference pursuant to Section 50022.1 to 50022.8, inclusive, of the
Government Code, and for the purposes of such sections of the
Government Code the district board shall be deemed a legislative body
and the district shall be deemed a local agency.
Any code adopted by the district board, by reference, shall impose
restrictions equal to or greater than those imposed by the State
Housing Law, Part 1.5 (commencing with Section 17910), Division 13 of
this code, and the rules and regulations promulgated pursuant
thereto by the Commission of Housing and Community Development.
No penalty clauses or sanctions contained in any code adopted by
reference pursuant to this section shall be effective.
Every person who violates any provision of a general regulation
adopted pursuant to this section or of a code adopted by reference in
such general regulation is guilty of a misdemeanor.
Ordinances of the district may be enacted in the same
manner as general regulations of the board and shall have the same
force and effect as such general regulations.
A district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1 of Title 6 of the
The board may instruct the district attorney of the county to
commence and prosecute any or all actions and proceedings necessary
or proper to enforce any of its regulations or orders, and may call
upon him for advice as to any sanitary subject; and the district
attorney shall obey the instructions and give advice when requested
by the board.
The board may provide, by resolution, that the health
officer of the county in which the district is situated shall be the
health officer of the district. Upon the adoption of such resolution,
it shall be presented to the board of supervisors and, if it is
approved by the board of supervisors, such county health officer
shall become the ex officio health officer of the district and it
shall be his duty to give advice when requested by the board and to
aid the district in doing any act necessary or proper to the complete
exercise and effect of any of its powers, or for the purposes for
which it is formed.
The board may at any time employ special counsel for any
There shall be an election for assessor in each even-numbered
year in which members of the board are elected, and at the same
time, place, and manner; provided, however, that if a district board
has elected to avail itself of the county assessment roll for
district taxation pursuant to Article 6 of Chapter 7 of this part, no
assessor shall thereafter be elected until it shall again elect the
use of its own tax roll.
The assessor holds office for two years, and until the election
and qualification of his successor except that the first assessor
elected holds office until the election and qualification of his
If a vacancy occurs in the office of assessor, the board shall
appoint a suitable person to fill the vacancy until the next election
at which an assessor may be elected under this part.
The assessor's duties are fixed by this part and he shall
perform such other duties as are ordered or required by the board.
The assessor shall receive such compensation as shall be
fixed by the board.
(1) The sanitary board of sanitary districts may classify all
the places of employment in or under the district, and in or under
all the offices and departments of the district, with reference to
the examinations hereinafter provided for. The places so classified
by the sanitary board may constitute the classified civil service of
the district, and no appointment to any such place shall be made
except according to the rules hereinafter mentioned.
(2) The sanitary board may make rules to carry out the purposes of
this section, and for examinations, appointments, promotions, and
removals, and may from time to time make changes in existing rules.
All rules and all changes therein shall be forthwith printed for
distribution by the sanitary board.
(3) The examinations shall be practical in their character, and
shall relate to those matters only which will fairly test the
relative capacity of the persons examined to discharge the duties of
the positions to which they seek to be appointed, and shall include,
when appropriate, tests of manual or professional skill. The
selection of laborers shall be governed by priority of application as
far as may be practicable. No questions in any examination shall
relate to political or religious opinions or affiliations. The
sanitary board shall control all examinations.
Any county officer required to act as an officer of the
district and perform services for the district by virtue of his
office, or any county health officer who becomes the ex officio
health officer of the district pursuant to Section 6492.5, shall be
entitled to reimbursement from the district for the reasonable and
actual expenses incurred by him while acting on behalf of the
district, to be paid into the county treasury. The amount of such
reimbursement shall not exceed the actual expense which he incurred.
If a district has a boundary which is contiguous to the
boundary of a city and the district has a contract with that city
under which the city is responsible for the operation and maintenance
of all facilities of the district, the governing board of the
district may, by a resolution adopted by a 4/5 vote of the board,
declare the board dissolved and thereafter the governing body of the
city shall be ex officio the governing board of the district.
By resolution, the board may change the name of the district.
Any name resulting from a change shall include the words "Sanitary
District" or shall be a name that is descriptive of the functions of
the district. The change of name shall be effective upon recording a
certified copy in the office of the county recorder of the county or
counties in which the district is situated.