Chapter 5. General Powers of California Government Code >> Division 3. >> Title 6. >> Part 2. >> Chapter 5.
A district shall have and may exercise all rights and
powers, expressed and implied, necessary to carry out the purposes
and intent of this division, including, but not limited to, the
following powers:
(a) To adopt ordinances following the procedures of Article 7
(commencing with Section 25120) of Chapter 1 of Part 2 of Division 2
of Title 3.
(b) To adopt, by ordinance, and enforce rules and regulations for
the administration, operation, and use and maintenance of the
facilities and services listed in Part 3 (commencing with Section
61100).
(c) To sue and be sued in its own name.
(d) To acquire any real or personal property within or outside the
district, by contract or otherwise, to hold, manage, occupy, dispose
of, convey, and encumber the property, and to create a leasehold
interest in the property for the benefit of the district.
(e) To acquire by eminent domain any real or personal property
within or outside the district. If a district acquires real or
personal property of a public utility by eminent domain, the district
shall also pay for the cost of the removal, reconstruction, or
relocation of any structure, railways, mains, pipes, conduits, wires,
cables, or poles that must be moved to a new location.
(f) To appoint employees, to define their qualifications and
duties, and to provide a schedule of compensation for performance of
their duties.
(g) To engage counsel and other professional services.
(h) To enter into and perform all contracts, including, but not
limited to, contracts pursuant to Article 43 (commencing with Section
20680) of Chapter 1 of Part 3 of the Public Contract Code.
(i) To adopt a seal and alter it.
(j) To enter joint powers agreements pursuant to the Joint
Exercise of Powers Act, Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1.
(k) To provide insurance pursuant to Part 6 (commencing with
Section 989) of Division 3.6 of Title 1.
(l) To provide training that will assist the members of the board
of directors in the governance of the district.
(m) To construct any works along, under, or across any street,
road, or highway, subject to the consent of the governing body in
charge, and along, under, or across any other property devoted to a
public use.
(n) To take any and all actions necessary for, or incidental to,
the powers expressed or implied by this division.
(a) A district shall have perpetual succession.
(b) A board of directors may, by resolution, change the name of
the district. The resolution shall comply with the requirements of
Chapter 23 (commencing with Section 7530) of Division 7 of Title 1.
Notwithstanding Section 7530, any district formed on and after
January 1, 2006, and any district that changes its name on or after
January 1, 2006, shall have the words "community services district"
within its name. Within 10 days of its adoption, the board of
directors shall file a copy of its resolution with the Secretary of
State, the State Board of Equalization, the county clerk, the county
auditor, the board of supervisors, and the local agency formation
commission of each county in which the district is located.
(c) A district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1.
(a) When acquiring, improving, or using any real property, a
district shall comply with Article 5 (commencing with Section 53090)
of Chapter 1 of Part 1 of Division 2 of Title 5, and Article 7
(commencing with Section 65400) of Chapter 1 of Division 1 of Title
7.
(b) When disposing of surplus land, a district shall comply with
Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of
Division 2 of Title 5.
(a) Each district shall adopt policies and procedures,
including bidding regulations, governing the purchasing of supplies
and equipment not governed by Article 43 (commencing with Section
20680) of Chapter 1 of Part 3 of the Public Contract Code. Each
district shall adopt these policies and procedures by rule or
regulation pursuant to Article 7 (commencing with Section 54201) of
Chapter 5 of Division 2 of Title 5.
(b) A district may request the State Department of General
Services to make purchases of materials, equipment, or supplies on
its behalf pursuant to Section 10298 of the Public Contract Code.
(c) A district may request the purchasing agent of the principal
county to make purchases of materials, equipment, or supplies on its
behalf pursuant to Article 7 (commencing with Section 25500) of
Chapter 5 of Division 2 of Title 3.
(d) A district may request the purchasing agent of the principal
county to contract with persons to provide projects, services, and
programs authorized by this division pursuant to Article 7
(commencing with Section 25500) of Chapter 5 of Division 2 of Title
3.
(a) Violation of any rule, regulation, or ordinance adopted
by a board of directors is a misdemeanor punishable pursuant to
Section 19 of the Penal Code.
(b) Any citation issued by a district for violation of a rule,
regulation, or ordinance adopted by a board of directors may be
processed as an infraction pursuant to subdivision (d) of Section 17
of the Penal Code.
(c) To protect property and to preserve the peace at facilities
owned or managed by a district, a board of directors may confer on
designated uniformed district employees the power to issue citations
for misdemeanor and infraction violations of state law, city or
county ordinances, or district rules, regulations, or ordinances when
the violation is committed within a facility and in the presence of
the employee issuing the citation. District employees shall issue
citations pursuant to Chapter 5C (commencing with Section 853.5) of
Title 3 of Part 2 of the Penal Code.
(a) The Meyers-Milias-Brown Act, Chapter 10 (commencing with
Section 3500) of Division 4 of Title 1 applies to all districts.
(b) A board of directors may establish an employee relations
system that may include, but is not limited to, a civil service
system or a merit system.
A board of directors may require any employee or officer to
be bonded. The district shall pay the cost of the bonds.
A board of directors may provide for any program for the
benefit of its employees and members of the board of directors
pursuant to Chapter 2 (commencing with Section 53200) of Part 1 of
Division 2 of Title 5.
A board of directors may authorize its members and the
employees of the district to attend professional or vocational
meetings and conferences. A board of directors may reimburse its
members and the employees of the district for their documented,
actual, and necessary traveling and incidental expenses while on
official business. Reimbursement for these expenses is subject to
Sections 53232.2 and 53232.3.
(a) A district may request an inspection warrant pursuant to
Title 13 (commencing with Section 1822.50) of Part 3 of the Code of
Civil Procedure. The warrant shall state the location which it covers
and shall state its purposes. A warrant may authorize district
employees to enter property only to do one or more of the following:
(1) Inspect to determine the presence of public nuisances that the
district has the authority to abate.
(2) Abate public nuisances, either directly or by giving notice to
the property owner to abate the public nuisance.
(3) Determine if a notice to abate a public nuisance has been
complied with.
(b) Where there is no reasonable expectation of privacy and
subject to the limitations of the United States Constitution and the
California Constitution, employees of a district may enter any
property within the district for any of the following purposes:
(1) Inspect the property to determine the presence of public
nuisances that the district has the authority to abate.
(2) Abate public nuisances, either directly or by giving notice to
the property owner to abate the public nuisance.
(3) Determine if a notice to abate a public nuisance has been
complied with.
A district may contract with any local agency, state
department or agency, federal department or agency, or any tribal
government for the provision by or to the district of any facilities,
services, or programs authorized by this division, within or without
the district, subject to compliance with Section 56133.