reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 5 - Powers › Section 5012.

5012. Before awarding any contract for construction of works the governing body shall cause to be published a notice inviting sealed bids for doing it.
The notice shall refer to the plans and specifications on file. It shall be published twice in a daily, semi-weekly, or weekly newspaper, published and circulated in the district, and designated by the governing body. If there is no newspaper published in the district, and the district is less than a county, the notice shall be published in a newspaper in the county in which the district is located.
The time fixed for receiving bids shall be not less than ten days from the first publication of the notice.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 5 - Powers › Section 5013.

5013. All bids shall be accompanied by a certified check payable to the district for an amount that is not less than ten per cent of the aggregate of the bid. No bid shall be considered unless accompanied by the check.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 5 - Powers › Section 5014.

5014. The bids shall be delivered to the clerk. The governing body shall, in open session, publicly open, examine, and declare them.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 5 - Powers › Section 5015.

5015. The governing body may reject all bids if it deems this for the public good, and shall reject all bids other than the lowest regular responsible bidder, and may award the contract to him at the price named in his bid.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 5 - Powers › Section 5016.

5016. If the bids are rejected or if no bids are received, the governing body may readvertise for bids as in the first instance without further proceedings.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 5 - Powers › Section 5017.

5017. If the successful bidder fails, neglects, or refuses for twenty days after written notice of the award has been mailed him to enter into the contract to perform the work, the check accompanying his bid, and the amount therein named, shall be declared forfeited to the district, and shall be collected by it and paid into its general fund.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 5 - Powers › Section 5018.

5018. Each contractor shall, at the time of entering into the contract, execute a surety bond to the satisfaction and approval of the governing body in a sum not less than twenty-five per cent of the amount of the contract, conditioned upon its faithful performance.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 5 - Powers › Section 5019.

5019. The contract shall provide that the work shall be commenced within twenty days after the contractor has received written notice from the clerk that there is sufficient money or revenue bonds in the special fund provided to pay the contract price.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 5 - Powers › Section 5020.

5020. At the time of entering into the contract the contractor shall execute, deliver, and file with the governing body a good and sufficient surety bond, in a sum not less than one-half the total amount payable by the terms of the contract, conditioned upon the payment by the contractor or his subcontractors, for any and all materials, provisions, provender, other supplies, or teams, or the use of implements or machinery used in, upon, or about the performance of the work.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 5 - Powers › Section 5021.

5021. All provisions of the codes and general laws relating to notice and the foreclosure of such liens are applicable, but suit may only be brought on the bond within six months after the expiration of the period for the filing of verified claims.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 5 - Powers › Section 5022.

5022. In all respects not otherwise provided for in this chapter the bond shall be in conformity with the requirements of the general law of the State regarding contractor’s bonds for the benefit of laborers and materialmen, who shall have a first lien against any moneys or bonds due or about to become due the contractor.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 6 - Finances › Section 5025.

5025. All necessary preliminary expenses incurred by the governing body in carrying out this chapter, including the making of surveys, plans, and estimates of costs and revenues, compensation of employees, the giving of notices, taking of options, and all other expenses of whatsoever nature, necessary to be paid prior to the issue and sale of the bonds, may be advanced out of the general fund of the district. The general fund shall be fully reimbursed out of the first money received from the sale of the bonds, and before any other disbursements are made therefrom.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 6 - Finances › Section 5026.

5026. All compensation of employees, and all other expenses, incurred in carrying out the provisions of this chapter shall be paid solely from funds provided under the authority of this chapter.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 6 - Finances › Section 5027.

5027. After reimbursement and repayment to the district of all amounts advanced for preliminary expenses, all money, other than premiums and accrued interest, received from the sale of bonds shall be applied solely to the cost of the works.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 6 - Finances › Section 5028.

5028. The money received from the collection of the rates, together with any other revenue derived from the operation of the works, shall be deposited in a bank by the treasurer in the same manner that public money is deposited by cities. The money so deposited shall be kept in a fund or funds and shall be applied as provided in this chapter.
(Amended by Stats. 1963, Ch. 1659.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 6 - Finances › Section 5029.

5029. In the ordinance for the issuance of bonds the governing body shall provide that the revenues derived from the operation of the works shall be used only for:
(a)  The payment or providing for payment, including payments into any reserve or sinking funds, as the same falls due, of the principal of and the interest on the bonds;
(b)  The management, maintenance, operation and repair costs of the works.
After provision has been made for the payment of the foregoing, any surplus remaining may be used as follows: (a) for the purchase in the open market of the outstanding unmatured bonds of the district; (b) for extensions, or for the enlargement, replacement or betterment of the works; (c) for any lawful purpose of the district.
(Amended by Stats. 1963, Ch. 1659.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 6 - Finances › Section 5030.

5030. In its discretion the governing body may provide in the ordinance providing for the issuance of bonds that the management, maintenance, operation and repair costs of the works shall be paid from the revenue derived from the operation of the works prior to paying the principal, interest and sums for other security funds.
(Amended by Stats. 1963, Ch. 1659.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 6 - Finances › Section 5031.

5031. All money received for premium and accrued interest shall be paid into a fund for the payment of interest on the bonds and used for the purposes for which it was created.
(Amended by Stats. 1963, Ch. 1659.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 6 - Finances › Section 5032.

5032. A district issuing bonds shall install and maintain a proper system of accounts, showing the amount of revenue received and its application. The district shall at least once a year cause the accounts to be properly audited by a competent auditor. The report of the audit shall be open for inspection at all times by any taxpayer, user of the works, holder of bonds, or any representative of such person.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 6 - Finances › Section 5033.

5033. The treasurer is custodian of the funds derived from income received from the works constructed or acquired under the provisions of this chapter.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 6 - Finances › Section 5034.

5034. The treasurer shall give a proper surety bond for the faithful discharge of his duties as custodian, which bond shall be fixed and approved by the governing body. The premium on the surety bond shall be paid by the district.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 7 - Rates and Collection › Section 5040.

5040. The governing body shall establish just and equitable rates for the use and maintenance of the works, to be paid by the person leasing or occupying the building or premises served thereby or that in any way uses or is served by the works, and may change and readjust the rates from time to time. The rates shall be sufficient in each year for the payment of the proper and reasonable expenses of operation, repair, replacement, and maintenance of the works, and for payment of the principal of and the interest on the bonds.
(Amended by Stats. 1963, Ch. 1659.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 7 - Rates and Collection › Section 5041.

5041. The governing body shall establish rates that, beyond all reasonable doubt, will bring in sufficient money to meet the interest and principal on all outstanding bonds as they fall due, in addition to the expense of operation.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 7 - Rates and Collection › Section 5042.

5042. Whenever it appears that the rates are insufficient to provide enough money to pay the principal and interest, in addition to the operating expenses, and the governing body neglects or refuses to fix adequate rates therefor, any bondholder may petition the superior court for a writ of mandate to compel the governing body to increase the rates to such an extent as will make them sufficient to provide enough money for those purposes.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 7 - Rates and Collection › Section 5043.

5043. The governing body may establish variable rates for different classes of users, or for different parts of the area, where all or any portion of the sewage works have been previously installed and financed under other laws or methods, so that the variable rates may be most equitable and just to all concerned.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 7 - Rates and Collection › Section 5044.

5044. However, the rates may only be imposed and collected from the users of all or any portion of such works as are constructed with money derived from the sale of the bonds.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 7 - Rates and Collection › Section 5045.

5045. If the users of all or any portion of any works previously acquired and financed by other methods receive any additional benefits from the construction or operation of all or any portion of the works subsequently constructed or acquired from the proceeds of the bonds, the governing body may impose reasonable rates on the works previously acquired, but only sufficient to cover the value of the additional benefits.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 7 - Rates and Collection › Section 5046.

5046. No rates shall be established until after a public hearing, at which all the users of the works and owners of property served or proposed to be served thereby and others interested have opportunity to be heard concerning the proposed rates.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 7 - Rates and Collection › Section 5047.

5047. After introduction of the ordinance, resolution, or order fixing the rate, and before it is finally enacted, notice of the hearing, setting forth the proposed schedule of rates shall be given by one publication in a newspaper published in the district, if there is such a newspaper, but otherwise in a newspaper having general circulation in the district. The notice shall be published at least ten days before the date fixed in the notice for the hearing. The hearing may be adjourned from time to time.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 7 - Rates and Collection › Section 5048.

5048. After the hearing the ordinance, resolution, or order establishing rates, either as originally introduced or as modified and amended, shall be passed and put into effect.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 7 - Rates and Collection › Section 5049.

5049. A copy of the schedule of the rates shall be kept on file in the office of the clerk, and shall be open to inspection by any interested person.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 7 - Rates and Collection › Section 5050.

5050. The rates for any class of users or property served may be extended to cover any additional premises thereafter served which fall within the same class, without the necessity of hearing or notice.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 7 - Rates and Collection › Section 5051.

5051. Any change or readjustment of the rates shall be made in the same manner as the rates were originally established.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 7 - Rates and Collection › Section 5052.

5052. If the rate is not paid when due, on the first day of each calendar month thereafter a penalty of ten per cent of the amount of the delinquent rate shall be added.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 7 - Rates and Collection › Section 5053.

5053. The rates and penalties may be collected in the following manner:
(a)  An action may be brought in the name of the district against the person who occupied the property when the service was rendered for the collection of the amount of the delinquent rate and all penalties. A reasonable attorney’s fee shall be awarded the plaintiff.
(b)  The governing body may provide that the rates shall be collected with the rates for any other utility service rendered by the district and all the rates shall be itemized, billed upon the same bill, and collected as one item, together with and not separate from such other utility service charge.
(c)  Such rates may be collected with the rates for any other utility service furnished by a department or agency of such district over which the legislative body thereof does not exercise control, or with a publicly or privately owned public utility, with the written consent and agreement of said department or agency or public utility owner, which agreement shall establish the terms and conditions upon which such collections shall be made. Such agreement, in the discretion of such department or agency or public utility owner making the collections, also may provide that said rates shall be itemized, billed upon the same bill, and collected as one item, together with and not separately from such other utility service charge.
(Amended by Stats. 1949, Ch. 1507.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 7 - Rates and Collection › Section 5054.

5054. The remedies specified for collecting and enforcing rates are cumulative and may be pursued alternatively or may be used consecutively when the governing body so determines.
If any remedy is invalid, all valid remedies shall remain effectual.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 7 - Rates and Collection › Section 5055.

5055. Until the principal and interest of the bonds are fully paid any holder of any bond outstanding at any time may compel the use of any or all of the remedies provided in this chapter.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 7 - Rates and Collection › Section 5056.

5056. After rates are fixed pursuant to this article, any person may pay such rates under protest and bring an action against the governing body in the superior court to recover any money which the governing body refuses to refund. Payments made and actions brought under this section, shall be made and brought in the manner provided for the payment of taxes under protest and actions for refund thereof in Article 2, Chapter 5, Part 9, Division 1 of the Revenue and Taxation Code, insofar as those provisions are applicable.
(Added by Stats. 1949, Ch. 865.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 8 - Leases › Section 5060.

5060. Any district owning or operating works may contract with one or more other cities, counties, sanitation districts, or sanitary districts for the use of the works, but only to the extent of their capacity and without impairing their usefulness, upon such terms and conditions as may be fixed and approved by ordinances of the respective contracting entities. Contracts shall not be made for a period of more than fifteen years nor in violation of the provisions of the ordinance authorizing the bonds.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 8 - Leases › Section 5061.

5061. The governing body of the district may by ordinance establish, change, and adjust rates for the service rendered in the lessee-district by the works, against the owners of the premises served, in the manner provided for establishing, changing, and adjusting rates for the service rendered in the district where the works are owned and operated, and the rates constitute a lien on the property served, and shall be collected as provided for rates made by the owner-district.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 8 - Leases › Section 5062.

5062. The necessary intercepting sewers and appurtenant works for connecting the works of the owner-district with the sewerage system of the lessee-district shall be constructed by the owner-district or the lessee-district, or both, upon such terms and conditions as are set forth in the contract, and the cost or that part of the cost which is to be borne by the owner-district may be paid as part of the cost of the works from the proceeds of the bonds unless otherwise provided by the ordinance.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 8 - Leases › Section 5063.

5063. The income received by the owner-district under the contract shall, if so provided in the ordinance, be deemed to be a part of the revenue of the works. The owner-district shall deduct from the whole cost and expenses such part as shall be paid by the lessee-district pursuant to the provision of the contract; but no rates shall be imposed or collected from the users of the works or portions thereof except in cases where the works or portions thereof have been acquired by means of the bonds, and unless additional benefits will be derived by the users as a result of the contract. In that case the rates shall be only sufficient to cover the value of the additional benefits.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 9 - Annexation and Exclusion › Section 5070.

5070. Territory which has become annexed to a district which has authorized the issuance of bonds pursuant to this chapter, and which territory shall use the works, shall become subject to the rates and charges imposed by the district for the use and maintenance of the works.
(Added by Stats. 1951, Ch. 629.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 9 - Annexation and Exclusion › Section 5071.

5071. Territory which has been withdrawn from a district which has authorized the issuance of bonds pursuant to this chapter, and which territory continues to use the works, shall remain liable for the payment of its pro rata share of the rates and charges imposed by the district for the use and maintenance of the works.
(Added by Stats. 1951, Ch. 629.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 5 - Sewer Revenue Bonds › ARTICLE 9 - Annexation and Exclusion › Section 5072.

5072. A city to which any territory has been annexed, whether or not said territory has been withdrawn from a district which has authorized the issuance of bonds pursuant to this chapter, and which territory continues to use the works, may contract with the district to pay the district annually or at lesser intervals a sum or sums in lieu of the payment by the owners or residents within said territory of the rates and charges imposed by the district for the use and maintenance of the works.
(Added by Stats. 1951, Ch. 629.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 6 - General Provisions with Respect to Sewers › ARTICLE 1 - Rights of Way for Sewers and Drainage › Section 5400.

5400. The board of supervisors of a county may vacate or abandon easements for sewage or drainage purposes whenever it determines that they are no longer required for public use.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 6 - General Provisions with Respect to Sewers › ARTICLE 2 - Sewage and Other Waste › Section 5410.

5410. As used in this chapter:
(a)  “Waste” includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature.
(b)  “Person” as used in this article also includes any city, county, district, the state or any department or agency thereof.
(c)  “Waters of the state” means any water, surface or underground, including saline waters, within the boundaries of the state.
(d)  “Contamination” means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. “Contamination” shall include any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected.
(e)  “Pollution” means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects: (1) such waters for beneficial uses, or (2) facilities which serve such beneficial uses. “Pollution” may include “contamination.”
(f)  “Nuisance” means anything which: (1) is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, and (2) affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal, and (3) occurs during, or as a result of, the treatment or disposal of wastes.
(g)  “Regional board” means any California regional water quality control board created pursuant to Section 13201 of the Water Code.
(Amended by Stats. 1969, Ch. 482.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 6 - General Provisions with Respect to Sewers › ARTICLE 2 - Sewage and Other Waste › Section 5411.

5411. No person shall discharge sewage or other waste, or the effluent of treated sewage or other waste, in any manner which will result in contamination, pollution or a nuisance.
(Amended by Stats. 1967, Ch. 1447.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 6 - General Provisions with Respect to Sewers › ARTICLE 2 - Sewage and Other Waste › Section 5411.5.

5411.5. (a) Any person who, without regard to intent or negligence, causes or permits any sewage or other waste, or the effluent of treated sewage or other waste, to be discharged in or on any waters of the state, or discharged in or deposited where it is, or probably will be, discharged in or on any waters of the state, shall, as soon as that person has knowledge of the discharge, immediately notify the local health officer or the director of environmental health of the discharge.
(b) A person who fails to provide the notice required by this section is guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or imprisonment for less than one year, or both the fine and imprisonment.
(c) The notification required by this section shall not apply to a discharge authorized by law and in compliance with waste discharge requirements or other requirements established by the appropriate regional water quality control board or the State Water Resources Control Board.
(d) The notification required by this section shall not apply to an unauthorized discharge of effluent of treated sewage defined as recycled water pursuant to Section 13050 or 13529.2 of the Water Code.
(Amended by Stats. 2013, Ch. 635, Sec. 2. (AB 803) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 6 - General Provisions with Respect to Sewers › ARTICLE 2 - Sewage and Other Waste › Section 5412.

5412. Whenever the state department or any local health officer finds that a contamination exists, the state department or officer shall order the contamination abated, as provided in this chapter, and, commencing July 1 of a year in which the Legislature has appropriated sufficient funds for this purpose, shall submit any report required pursuant to subdivision (d) of Section 13193 of the Water Code.
(Amended by Stats. 2001, Ch. 498, Sec. 2. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 6 - General Provisions with Respect to Sewers › ARTICLE 2 - Sewage and Other Waste › Section 5412.5.

5412.5. (a)  Any person who, without regard to intent or negligence, causes or permits any sewage or other waste, or the effluent of treated sewage or other waste to be discharged in or on any waters of the state, or discharged in or deposited where it is, or probably will be, discharged in or on any waters of the state that may cause contamination of waters used for a water-contact sport, as defined in Section 24155, shall reimburse the local health officer or the director of environmental health for the necessary and actual costs incurred to mitigate the threat of contamination and to protect the health and safety of the public.
(b)  The governing body of the county shall establish the amount of payment at a level sufficient to pay the necessary and reasonable costs incurred by the local health officer or environmental health director administering this section and Section 5411.5.
(c)  For the purposes of this section “mitigate” includes, but is not limited to, actions taken by the local health officer or the director of environmental health in the affected tributaries and waters used for a water-contact sport to investigate the waste discharge, to collect and analyze water samples to determine the areas of contamination, to close or restrict use, to post closure signs, and to notify the public of closures or restrictions.
(d)  This section shall not apply to discharge authorized by law and in compliance with waste discharge requirements or other requirements established by the appropriate regional water quality control board or the State Water Resources Control Board.
(Added by Stats. 1992, Ch. 410, Sec. 2. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 6 - General Provisions with Respect to Sewers › ARTICLE 2 - Sewage and Other Waste › Section 5413.

5413. Whenever the state department finds that a pollution or nuisance does, in fact, exist, that condition shall be immediately referred by the state department to the proper regional board for action, together with any recommendations for correction, and, commencing July 1 of a year in which the Legislature has appropriated sufficient funds for this purpose, the state department shall submit any report required pursuant to subdivision (d) of Section 13193 of the Water Code. Upon request of a regional board, the state department shall inspect and report to the board on any technical factors involved in any condition of pollution or nuisance.
(Amended by Stats. 2001, Ch. 498, Sec. 3. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 6 - General Provisions with Respect to Sewers › ARTICLE 2 - Sewage and Other Waste › Section 5414.

5414. With respect to any condition of contamination, the state department may accept the action of any state, county, or municipal officer or agency having jurisdiction over the matter as sufficient.
(Repealed and added by Stats. 1949, Ch. 1550.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 6 - General Provisions with Respect to Sewers › ARTICLE 2 - Sewage and Other Waste › Section 5415.

5415. No provision in this chapter is a limitation on any of the following:
(a)  The authority of a city or county to adopt and enforce additional regulations not in conflict with this chapter imposing additional conditions, restrictions, or limitations relating to the disposal of sewage or other waste.
(b)  The authority of any city or county to declare, prohibit, and abate nuisances.
(c)  The authority of a state agency in the enforcement or administration of any provision of law which it is specifically permitted or required to enforce or administer.
(d)  The right of any person to maintain at any time any appropriate action for relief against any private nuisance as defined in the Civil Code or for relief against any contamination or pollution.
(e)  The authority of a city or county to adopt and enforce regulations relating to the use of recycled water in accordance with Chapter 7 (commencing with Section 13500) of Division 7 of the Water Code.
(Amended by Stats. 1995, Ch. 28, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 6 - General Provisions with Respect to Sewers › ARTICLE 2 - Sewage and Other Waste › Section 5416.

5416. (a)  There shall be not less than one water closet for each 20 employees or fractional part thereof working at a construction job site.
(b)  The water closet shall consist of a patented chemical type privy, or a pit privy; provided, however, that a pit privy shall consist of a pit at least four feet deep with a well-constructed shelter, the openings of which shall be flyproofed, and with respect to which adequate sanitary and safe flooring shall be provided. With the approval of the local health officer other types of toilet facilities or modifications of those specified may be allowed.
(c)  For the purpose of this section the term construction site shall mean the location on which actual construction of a building is in progress.
(d)  A violation of this section shall constitute a misdemeanor.
(Amended by Stats. 1953, Ch. 433.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 6 - General Provisions with Respect to Sewers › ARTICLE 3 - Procedure for Abatement › Section 5460.

5460. The state department or local health officer may issue a peremptory order requiring the abatement of a contamination, and shall immediately furnish to the proper regional board a report of information and data relating thereto.
Coincident with issuing such order, or if any order or regulation is not complied with, the director or local health officer may bring and prosecute an action for an injunction in the superior court of the county in which the contamination occurs.
The state department or local health officer shall render to persons subject to such order all possible assistance in complying with the order, including all possible assistance in securing any necessary funds for such purpose.
(Amended by Stats. 1970, Ch. 1464.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 6 - General Provisions with Respect to Sewers › ARTICLE 3 - Procedure for Abatement › Section 5461.

5461. Any person who discharges sewage or other waste in any manner which results in contamination is guilty of a misdemeanor.
(Amended by Stats. 1967, Ch. 1447.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 6 - General Provisions with Respect to Sewers › ARTICLE 3 - Procedure for Abatement › Section 5462.

5462. Any action taken pursuant to this article with respect to the abatement of contamination created by the disposal of sewage or other waste from a community or cooperative sewerage system, shall be taken only against the agent or the agency operating such system and the contributor or contributors to the system whose waste in and of itself creates a contamination.
(Amended by Stats. 1967, Ch. 1447.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 6 - General Provisions with Respect to Sewers › ARTICLE 3 - Procedure for Abatement › Section 5463.

5463. Any health officer or governing board of any city, county, sanitary district, or other district having the power to operate and maintain a sewerage system, having served written notice upon the owner or reputed owner of land upon which there is a dwelling house, and the owner or reputed owner, after 30 days, having refused, neglected, or failed to connect the dwelling house, together with all toilets, sinks, and other plumbing therein, properly vented, and in a sanitary manner, with the adjoining street sewer, may construct the same at a reasonable cost, and the person doing that work at the request of the health officer or governing board has a lien upon that real estate for his or her work done and materials furnished, and the work done and materials furnished shall be held to have been done and furnished at the instance of the owner or reputed owner, or person claiming or having any interest therein. The governing board may pay all or any part of the cost or price of such connection to the person or persons who furnished labor, materials, or equipment for the same, and, to the extent the governing board pays the cost or price of the connection, it shall succeed to and have all the rights, including the lien provided for above, of the person or persons against the real estate and against the owner or reputed owner thereof.
As an alternative power to the enforcement of the lien provided for in this section, the governing body of the public agency performing the work of connection to the public sewer may, by order entered upon its minutes, declare that the amount of the costs of the work and the administrative expenses incurred by the governing body incident to the proceedings, together with other charges uniformly applicable within the jurisdiction of the governing body for the connection of the premises to the public sewer, shall be transmitted to the assessor and tax collector of the public agency, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land.
The liens provided for by this section shall be enforced in the same manner as those provided for by Part 6 (commencing with Section 8000) of Division 4, of the Civil Code.
The governing board may also use the procedures in Section 5474 for levying the costs incurred for the construction of the improvements for the connection of the premises to the public sewer.
(Amended by Stats. 2010, Ch. 697, Sec. 37. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 6 - General Provisions with Respect to Sewers › ARTICLE 3 - Procedure for Abatement › Section 5464.

5464. An owner or reputed owner, who has his or her property included within an assessment district for the construction of a main trunkline or collector sewer lines, may request the governing board to construct all necessary plumbing to connect his or her property to the adjoining street public sewer system. The person employed by the governing board to do the work shall have a lien upon the property, for work done and materials furnished, and the work done and materials furnished shall be deemed to have been done and furnished at the request of the owner, reputed owner, or person claiming or having an interest in the property. The governing board may pay all, or any part, of the cost or price of the connection to the person or persons who furnished labor, materials, or equipment and, to the extent that the governing board pays the cost or price of the connection, it shall succeed to and have all the rights, including the lien, of the person or persons against the property and the owner or reputed owner of the property.
As an alternative power to the enforcement of the lien provided for in this section, the governing body of the public agency performing the work of connection to the public sewer may, by the power of ordinance approved by two-thirds vote of the members of the legislative body, fix the cost of improvement for connection to the sanitation or sewerage facilities, fix the times at which such costs shall become due, provide for the payment of the costs prior to the construction and connection or in installments over a period, not to exceed 30 years, provide a rate of interest, not to exceed 12 percent per annum, to be charged on the unpaid balance of the costs, and provide that the amount of the costs and the interest shall constitute a lien against the respective lots or parcels upon which the facilities are constructed.
The governing body may use the procedures specified in Section 5474 to implement the levying of the costs for the construction and connection of the premises to the public sewer.
(Amended by Stats. 2011, Ch. 106, Sec. 1. (AB 741) Effective January 1, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 6 - General Provisions with Respect to Sewers › ARTICLE 3 - Procedure for Abatement › Section 5465.

5465. (a) The procedures specified in this section may be used by a public agency that is an entity, as defined in Section 5470.
(b) An entity may use the procedures specified in Section 5464 for either of the following purposes, whether or not an order or other action has been issued or taken for an abatement of contamination created by sewage disposal:
(1) Converting properties from onsite septic systems and connecting them to a sewer system. The conversion improvements and costs may include, but are not limited to, pipes, pumps, and other equipment, septic system abandonment, and associated sewage treatment capacity.
(2) Replacing or repairing existing sewer laterals connecting pipes to a sewer system. The cost of the lateral replacement or repair shall constitute the cost of an improvement for connection to a sewer system.
(c) For purposes of this section, and in addition to any other power, an entity may exercise the powers specified in Article 4 (commencing with Section 5470).
(d) The authority granted by this section shall be in addition to, shall not be in derogation of, and shall not affect, any authority granted by other law relating to recovering the cost incurred by an entity for connecting properties to the public sewer system, or the entity’s exercise of powers pursuant to any other law. This section shall be deemed to provide a complete and supplemental method for exercising the powers authorized by this section, and shall be deemed supplemental to the powers conferred by other applicable laws.
(e) For purposes of this section, the following definitions shall apply:
(1) “Assessment district” as used in statutes referenced in this section also means an improvement district or any other area served by the entity’s sewer collection system.
(2) “Governing board” and “governing body” mean the governing body of the entity.
(3) “Ordinance” as used in statutes referenced in this section also means a resolution.
(Added by Stats. 2011, Ch. 106, Sec. 2. (AB 741) Effective January 1, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 6 - General Provisions with Respect to Sewers › ARTICLE 4 - Sanitation and Sewerage Systems › Section 5470.

5470. The following words wherever used in this article shall be construed as defined in this section, unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words:
(a)  Assessment Roll. “Assessment roll” refers to the assessment roll upon which general taxes of the entity are collected.
(b)  Auditor. “Auditor” means the financial officer of the entity.
(c)  Clerk. “Clerk” means the clerk of the legislative body or secretary of the entity.
(d)  Chambers. “Chambers” refers to the place where the regular meetings of the legislative body of the entity are held.
(e)  Entity. “Entity” means and includes counties, cities and counties, cities, sanitary districts, county sanitation districts, county service areas, sewer maintenance districts, and other public corporations and districts authorized to acquire, construct, maintain and operate sanitary sewers and sewerage systems.
(f)  Rates or Charges. “Rates or charges” shall mean fees, tolls, rates, rentals, or other charges for services and facilities furnished by an entity in connection with its sanitation or sewerage systems, including garbage and refuse collection.
(g)  Real Estate. “Real estate” includes:
(1)  The possession of, claim to, ownership of, or right to possession of land; and
(2)  Improvements on land.
(h)  Tax Collector. “Tax collector” means the officer who collects general taxes for the entity.
The amendment of this section made by the 1972 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the preexisting law.
(Amended by Stats. 2015, Ch. 269, Sec. 18. (SB 184) Effective January 1, 2016.)