Section 37212 Of Part 7.5. Alternative Provisions For Levy, Collection And Enforcement Of District Assessments By The County From California Water Code >> Division 13. >> Part 7.5.
37212
. In case any charges for water or other services, or either,
remain unpaid:
(a) If unpaid for 60 days or more on July 1st, the district board
may, by resolution, order the secretary to do each of the following:
(1) Prepare a list of the parcels of land upon which water and
other services, or either, requested in writing by the owner of the
property, was used, and for which the charges remain unpaid.
(2) Certify that the list is true and correct.
(3) Submit the list of unpaid charges and parcels to the county
auditor no later than five days after the estimate of the district
board was furnished pursuant to Section 37206.
Upon receipt by the county auditor of the list and a certified
copy of the resolution, the amount of the unpaid charges attributed
to each parcel mentioned in the list shall constitute a special
assessment against the parcel, and shall be a lien on that property
for that amount. The lien attaches upon recordation in the office of
the county recorder of the county in which the property is situated
of a certified copy of the resolution of the district board
accompanied by a certified copy of the list specifically describing
the real property by a legal description or reference to an assessor'
s parcel number and specifying the amount applicable to each parcel.
The assessment shall be collected at the same time and in the same
manner as ordinary municipal ad valorem taxes are collected, and
shall be subject to the same penalties, and the same procedure and
sale in case of delinquency as provided for those taxes. All laws
applicable to the levy, collection, and enforcement of municipal ad
valorem taxes shall be applicable to the assessment, except that, if
any real property to which the lien would attach 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 attached thereon
during the year prior to the date on which the first installment of
the taxes that include the assessment appears on the assessment roll,
then the lien which would otherwise be imposed by this section shall
not attach to the real property and the delinquent and unpaid
charges, as certified, relating to the property shall be transferred
to the unsecured roll for collection.
The county shall deduct from the charges collected an amount
sufficient to compensate the county for costs incurred in collecting
the delinquent and unpaid charges. The amount of this compensation
shall be fixed by agreement between the board of supervisors and the
district's board of directors.
(b) The amount of the unpaid charges may, in the discretion of the
district, 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 charges 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 has 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 the
filing the lien shall be extended to the real property in this county
for 10 years unless sooner released or otherwise discharged.