12811.1
. (a) Except when prohibited by Section 12822.6, a district
may, by resolution or ordinance, require the owner of record of real
property within the district to pay the fees, tolls, rates, rentals,
or other charges for services rendered to a lessee, tenant, or
subtenant, and those fees, tolls, rates, rentals, and other charges
that have become delinquent, together with interest and penalties
thereon, are a lien on the property when a certificate is filed in
the office of the county recorder pursuant to subdivision (b) and the
lien has the force, effect, and priority of a judgment lien. No lien
may be created under this section on any publicly owned property.
(b) A lien under this section attaches when the district files for
recordation in the office of the county recorder a certificate
specifying the amount of the delinquent fees, tolls, rates, rentals,
or other charges together with interest and penalties thereon; the
name of the owner of record of the property to which services were
rendered by the district; and the legal description of the property.
Within 30 days of receipt of payment of all amounts due, including
recordation fees paid by the district, the district shall file for
recordation a release of the lien.
(c) A district may, by resolution or ordinance, provide that any
delinquent fees, tolls, rates, rentals, or other charges, together
with interest and penalties thereon, including any delinquent fees,
tolls, rates, rentals, or other charges for services rendered to a
lessee, tenant, or subtenant, may be collected on the tax roll in the
same manner as property taxes. Before any entity may collect any
delinquent fees, tolls, rates, rentals, or other charges, together
with interest and penalties thereon, including any delinquent fees,
tolls, rates, rentals, or other charges for services rendered to a
lessee, tenant, or subtenant on the tax roll, the district shall
prepare a report, provide notice, conduct a public hearing, and file
a certificate in the office of the county recorder, as follows:
(1) The general manager shall prepare and file with the district
board of directors a report that describes each affected parcel of
real property and the amount of the delinquent fees, tolls, rates,
rentals, or other charges, together with interest and penalties
thereon, including any delinquent fees, tolls, rates, rentals, or
other charges for services rendered to a lessee, tenant, or subtenant
for each affected parcel for the year. The general manager shall
give notice of the filing of the report and of the time, date, and
place for a public hearing by publishing the notice pursuant to
Section 6066 of the Government Code in a newspaper of general
circulation, and by mailing the notice to the owner of each affected
parcel at least 14 days prior to the date of the hearing.
(2) At the public hearing, the board of directors shall hear and
consider any objections or protests to the report. At the conclusion
of the public hearing, the board of directors may adopt or revise the
delinquent fees, tolls, rates, rentals, or other charges, together
with interest and penalties thereon, including any delinquent fees,
tolls, rates, rentals, or other charges for services rendered to a
lessee, tenant, or subtenant. The board of directors shall make its
determination on each affected parcel and its determinations shall be
final.
(3) On or before August 10 of each year following these
determinations, the general manager shall file with the county
auditor a copy of the final report adopted by the board of directors.
The county auditor shall enter the amount of the delinquent fees,
tolls, rates, rentals, or other charges, together with interest and
penalties thereon, including any delinquent fees, tolls, rates,
rentals, or other charges for services rendered to a lessee, tenant,
or subtenant, against each of the affected parcels of real property
as they appear on the current assessment roll. The county tax
collector shall include the amount of the delinquent fees, tolls,
rates, rentals, or charges, together with interest and penalties
thereon, including any delinquent fees, tolls, rates, rentals, or
other charges for services rendered to a lessee, tenant, or
subtenant, on the tax bills for each affected parcel of real property
and collect the delinquent fees, tolls, rates, rentals, or charges,
together with interest and penalties thereon, including any
delinquent fees, tolls, rates, rentals, or other charges for services
rendered to a lessee, tenant, or subtenant, in the same manner as
property taxes.
(4) The district may recover any delinquent fees, tolls, rates,
rentals, or other charges, together with interest and penalties
thereon, including any delinquent fees, tolls, rates, rentals, or
other charges for services rendered to a lessee, tenant, or
subtenant, by recording in the office of the county recorder of the
county in which the affected parcel is located, a certificate
declaring the amount of the delinquent fees, tolls, rates, rentals,
or charges, together with interest and penalties thereon, including
any delinquent fees, tolls, rates, rentals, or other charges for
services rendered to a lessee, tenant, or subtenant, due, and the
name and last known address of the person liable therefor. From the
time of recordation of the certificate, the amount of the delinquent
fees, tolls, rates, rentals, or charges, together with interest and
penalties thereon, including any delinquent fees, tolls, rates,
rentals, or other charges for services rendered to a lessee, tenant,
or subtenant, constitutes a lien against the affected real property
of the delinquent property owner in that county. This lien shall have
the force, effect, and priority of a judgment lien. Within 30 days
of receipt of payment of all amounts due, including recordation fees
paid by the district, the district shall file for recordation a
release of the lien.
(5) The district shall not recover on the tax roll any delinquent
fees, tolls, rates, rentals, or other charges for services for
commercial use to a commercial tenant under an account established by
the commercial tenant, from any subsequent tenant or the property
owner, due to nonpayment of charges by a previous commercial tenant.
For this purpose, the term "subsequent commercial tenant" shall not
include an entity or adult person that was located at the same
address during the period the charges or penalties accrued. This
paragraph does not apply to master-metered accounts.
(d) Notwithstanding Sections 6103 and 27383 of the Government
Code, in filing any instrument, paper, or notice pursuant to this
section, the district shall pay all applicable recording fees
prescribed by law.
(e) A district shall reimburse the county for the reasonable
expenses incurred by the county pursuant to this section.
(f) The remedies in this section are cumulative and in addition to
any other remedy provided by law. The district may pursue remedies
alternatively or consecutively.
(g) This section does not apply to delinquent fees or charges for
the furnishing of electrical service.