Section 38743 Of Article 5. Water From California Government Code >> Division 3. >> Title 4. >> Part 2. >> Chapter 10. >> Article 5.
38743
. A city may, pursuant to the notice, protest, and hearing
procedures in Section 53753, fix, on or before the first day of July
in each calendar year, an annual water service standby or immediate
availability charge to be applied on an area or frontage or parcel
basis, or a combination thereof, within the city to be charged to
such areas to which water service is made available for any purpose
by the city, whether the water service is actually used or not. If
the procedures set forth in this section as it read at the time a
standby charge was established were followed, the city council may,
by resolution, continue the charge pursuant to this section in
successive years at the same rate. If new, increased, or extended
assessments are proposed, the city council shall comply with the
notice, protest, and hearing procedures in Section 53753. The city
council of a city which fixes such a charge may establish schedules
varying such charge according to the land uses and the degree of
availability or quantity of use of such water service to the affected
lands, and may restrict such charge to lands lying within one or
more zones or areas of benefits established within such city. The
council may not, however, fix a monthly charge in excess of ten
dollars ($10) per acre, either on an area or frontage basis, or in
excess of five dollars ($5) for a parcel or frontage of less than an
acre unless the standby charge is imposed pursuant to the Uniform
Standby Charge Procedures Act (Chapter 12.4 (commencing with Section
54984) of Part 1 of Division 2 of Title 5).
A city may collect the standby or availability charge by billing
the charged lands on a monthly or fiscal year basis.
A city may collect the standby or availability charge as a part of
the annual general county tax bill provided the city furnishes, on
or before August 10, in writing to the board of supervisors and to
the county auditor the description of each parcel for which a charge
is to be billed together with the amount of the charge applicable to
each parcel. The parcel description may be the parcel number assigned
by the county assessor to the parcel.
If the city collects standby charges through the county general
tax bill, the amount of the standby charge and any applicable penalty
shall be stated on the tax bill separately from all other taxes, if
practicable.