reglab/statecodes huggingface dataset:
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 5471.

5471. (a) In addition to the powers granted in the principal act, any entity shall have power, by an ordinance or resolution approved by a two-thirds vote of the members of the legislative body thereof, to prescribe, revise and collect, fees, tolls, rates, rentals, or other charges for services and facilities furnished by it, either within or without its territorial limits, in connection with its water, sanitation, storm drainage, or sewerage system.
(b) In addition to the powers granted in the principal act, any entity shall have power, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, to prescribe, revise, and collect water, sewer, or water and sewer standby or immediate availability charges for services and facilities furnished by it, either within or without its territorial limits, in connection with its water, sanitation, storm drainage, or sewerage system.
(c) The entity may provide that the charge for the service shall be collected with the rates, tolls, and charges for any other utility, and that any or all of these charges may be billed upon the same bill. Where the charge is to be collected with the charges for any other utility service furnished by a department or agency of the entity and over which its legislative body does not exercise control, the consent of the department or agency shall be obtained prior to collecting water, sanitation, storm drainage, or sewerage charges with the charges for any other utility. Revenues derived under the provisions in this section, shall be used only for the acquisition, construction, reconstruction, maintenance, and operation of water systems and sanitation, storm drainage, or sewerage facilities, to repay principal and interest on bonds issued for the construction or reconstruction of these water systems and sanitary, storm drainage, or sewerage facilities and to repay federal or state loans or advances made to the entity for the construction or reconstruction of water systems and sanitary, storm drainage, or sewerage facilities. However, the revenue shall not be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor, and outfall sewers.
(d) If the procedures set forth in this section as it read at the time a standby charge was established were followed, the entity may, by ordinance or resolution adopted by a two-thirds vote of the members of the legislative body thereof, continue the charge pursuant to this section in successive years at the same rate. If new, increased, or extended assessments are proposed, the entity shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.
(Amended by Stats. 2016, Ch. 366, Sec. 16. (SB 974) Effective January 1, 2017.)
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 5472.

5472. After fees, rates, tolls, rentals or other charges are fixed pursuant to this article, any person may pay such fees, rates, tolls, rentals or other charges under protest and bring an action against the city or city and county in the superior court to recover any money which the legislative body refuses to refund. Payments made and actions brought under this section, shall be made and brought in the manner provided for payment of taxes under protest and actions for refund thereof in Article 2, Chapter 5, Part 9, of 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 6 - General Provisions with Respect to Sewers › ARTICLE 4 - Sanitation and Sewerage Systems › Section 5472.5.

5472.5. The rates may be collected with the rates for any other utility service furnished by a department or agency of that entity 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 that department or agency or public utility owner, which agreement shall establish the terms and conditions upon which the collections shall be made. The agreement, in the discretion of the department or agency or public utility owner making the collections, also may provide that those rates shall be itemized, billed upon the same bill, and collected as one item, together with, and not separately from, the other utility service charge.
(Added by renumbering Section 5472 (as amended by Stats. 1953, Ch. 862) by Stats. 1981, Ch. 714.)
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 5473.

5473. Any entity which has adopted an ordinance or resolution pursuant to this article or an order pursuant to Section 6520.5 may, by such ordinance or resolution or by separate ordinances or resolutions approved by a two-thirds vote of the members of the legislative body thereof, elect to have such charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes. In such event, it shall cause a written report to be prepared each year and filed with the clerk, which shall contain a description of each parcel of real property receiving such services and facilities and the amount of the charge for each parcel for the year, computed in conformity with the charges prescribed by the ordinance or resolution.
Any ordinance or resolution adopted pursuant to this section authorizing the collection of charges on the tax roll shall remain in effect for the time specified in the ordinance or resolution or, if no time is specified in the ordinance or resolution, until repealed or until a change is made in the rates charged by the entity.
The powers authorized by this section shall be alternative to all other powers of any entity, and alternative to other procedures adopted by the legislative body thereof for the collection of such charges.
The real property may be described by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the county assessor or by reference to plats or maps on file in the office of the clerk.
(Amended by Stats. 2016, Ch. 366, Sec. 17. (SB 974) Effective January 1, 2017.)
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 5473a.

5473a. Any entity may make the election specified in Section 5473 with respect only to delinquent charges and may do so by preparing and filing the written report, giving notice and holding the hearing therein required only as to such delinquencies.
(Added by Stats. 1953, Ch. 1259.)
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 5473.1.

5473.1. The clerk shall cause notice of the filing of said report and of a time and place of hearing thereon to be published pursuant to Section 6066 of the Government Code prior to the date set for hearing, in a newspaper of general circulation printed and published within the entity if there is one and if not then in such paper printed and published in the county within which the greater part of such district is located.
Before any entity may have such charges collected on the tax roll for the first time following the effective date of this section, the clerk shall cause a notice in writing of the filing of said report proposing to have such charges for the forthcoming fiscal year collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any parcel or parcels of real property described in said report is assessed in the last equalized assessment roll available on the date said report is prepared, at the address shown on said assessment roll or as known to said clerk. If the legislative body adopts the report, then the requirements for notice in writing to the persons to whom parcels of real property are assessed shall not apply to hearings on reports prepared in subsequent fiscal years but notice by publication as herein provided shall be adequate.
(Amended by Stats. 1957, Ch. 357.)
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 5473.2.

5473.2. At the time stated in the notice, the legislative body shall hear and consider all objections or protests, if any, to said report referred to in said notice and may continue the hearing from time to time. If the legislative body finds that protest is made by the owners of a majority of separate parcels of property described in the report, then the report shall not be adopted and the charges shall be collected separately from the tax roll and shall not constitute a lien against any parcel or parcels of land.
(Amended by Stats. 1953, Ch. 862.)
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 5473.3.

5473.3. Upon the conclusion of the hearing, the legislative body may adopt, revise, change, reduce or modify any charge or overrule any or all objections and shall make its determination upon each charge as described in said report which determination shall be final.
(Amended by Stats. 1953, Ch. 862.)
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 5473.4.

5473.4. On or before August 10 of each year following the final determination upon each charge, the clerk shall file with the county auditor a copy of the report prepared pursuant to Section 5473 with a statement endorsed on the report over his or her signature that the report has been finally adopted by the legislative body of the entity and the county auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. Where any of the parcels are outside the boundaries of the entity they shall be added to the assessment roll of the entity for the purpose of collecting the charges. If the property is not described on the roll, the county auditor may enter the description on the roll together with the amounts of the charges, as shown in the report.
(Amended by Stats. 2015, Ch. 269, Sec. 19. (SB 184) Effective January 1, 2016.)
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 5473.5.

5473.5. Except as provided in Section 5473.8, the amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of noon on the first Monday in March immediately preceding the date of levy.
(Amended by Stats. 1973, Ch. 861.)
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 5473.6.

5473.6. The tax collector shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land.
(Added by renumbering Section 5473.5 by Stats. 1953, Ch. 862.)
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 5473.7.

5473.7. Thereafter the amount of the charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the entity, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties.
(Added by renumbering Section 5473.6 by Stats. 1953, Ch. 862.)
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 5473.8.

5473.8. All laws applicable to the levy, collection, and enforcement of general taxes of the entity, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund, and redemption, are applicable to the charges authorized pursuant to this article, except that if any real property to which these charges relate 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 attaches thereon during the year prior to the date on which the first installment of the general taxes that include the charges appears on the assessment roll, then the lien which would otherwise be imposed by Section 5473.5 shall not attach to the real property and the charges relating to that property shall be transferred to the unsecured roll of collection.
(Amended by Stats. 2012, Ch. 330, Sec. 17. (SB 1090) Effective January 1, 2013.)
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 5473.9.

5473.9. The tax collector may, in his discretion, issue separate bills for such charges and separate receipts for collection on account of such charges. The county shall be compensated for services rendered in connection with the levy, collection and enforcement of such charges for an entity other than the county in an amount to be fixed by agreement between the board of supervisors and the legislative body of the entity. The compensation shall not exceed five dollars ($5) for each account handled, or 1 percent of all money collected, whichever is greater. The compensation shall be paid into the county salary fund.
(Amended by Stats. 1969, Ch. 318.)
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 5473.10.

5473.10. The entity may provide for a basic penalty of not more than 10 percent for nonpayment of the charges within the time and in the manner prescribed by it, and in addition may provide for a penalty of not exceeding 1 and one-half percent per month for nonpayment of the charges and basic penalty. It may provide for collection of the penalties herein provided for.
(Amended by Stats. 1985, Ch. 341, Sec. 1.)
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 5473.11.

5473.11. (a)  An entity shall notify the assessee shown on the latest equalized assessment roll whenever delinquent and unpaid charges for services which would become a lien on the property pursuant to subdivision (b) remain delinquent and unpaid for 60 days.
(b) The amount of the unpaid charges may, in the discretion of the entity, 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 unpaid charges and the name and address of the person liable for those unpaid charges. 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 shall have 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 this filing the lien shall be extended to the real property in this county for 10 years unless sooner released or otherwise discharged.
(Amended by Stats. 2012, Ch. 330, Sec. 18. (SB 1090) Effective January 1, 2013.)
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 5474.

5474. An entity shall have the power by ordinance or resolution approved by two-thirds vote of the members of the legislative body thereof to fix fees or charges for the privilege of connecting to its sanitation or sewerage facilities and improvements constructed by the entity pursuant to Sections 5463 and 5464, to fix the time or times at which the fees or charges shall become due, to provide for the payment of the fees or charges prior to connection or in installments over a period of not to exceed 30 years, to provide the rate of interest, not to exceed 12 percent per annum, to be charged on the unpaid balance of the fees or charges, and to provide that the amount of the fees or charges and the interest thereon shall constitute a lien against the respective lots or parcels of land to which the facilities are connected at the time and in the manner specified in Sections 5473.5 and 5473.8. Prior to making the fees or charges a lien against the land, the legislative body shall give notice to the owners of the lots or parcels of land affected, and the notice shall set forth all of the following:
(a) The schedule of fees or charges to be imposed by the entity.
(b) A description of the property subject to the fees or charges, which description may be by reference to a plat or diagram on file in the office of the clerk of the legislative body, or to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the county assessor.
(c) The time or times at which the fees or charges shall become due.
(d) The number of installments in which the fees or charges shall be payable.
(e) The rate of interest, not to exceed 12 percent per annum, to be charged on the unpaid balance of the fees or charges.
(f) That it is proposed that the fees or charges and interest thereon shall constitute a lien against the lots or parcels of land to which the facilities are furnished.
(g) The time and place at which the legislative body will hold a hearing at which persons may appear and present any and all objections they may have to the imposition of the fees or charges as a lien against the land.
(Amended by Stats. 2016, Ch. 366, Sec. 18. (SB 974) Effective January 1, 2017.)
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 5474.1.

5474.1. The notice shall be published pursuant to Section 6063 of the Government Code prior to the date set for hearing. At least 10 days prior to the date of hearing written notice thereof shall be mailed to all persons owning land subject to such fees or charges, whose names and addresses appear on the last equalized assessment roll.
(Amended by Stats. 1961, Ch. 754.)
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 5474.2.

5474.2. At the time stated in the notice the legislative body shall hear and consider all objections or protests, if any, to the imposition of the fees or charges as set forth in said notice and may continue the hearing from time to time.
(Added by Stats. 1953, Ch. 578.)
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 5474.3.

5474.3. Upon the conclusion of the hearing, the legislative body may adopt, revise, change, reduce or modify the fees or charges or may overrule any or all objections and make its determination, which determination shall be final.
(Added by Stats. 1953, Ch. 578.)
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 5474.4.

5474.4. On or before August 10 of each year following the final determination, the legislative body shall certify to the county auditor a list of the lots or parcels of land, as they appear on the current assessment roll, subject to any fees or charges and the amounts of the installments of those fees or charges and interest to be entered against the lots or parcels on the assessment roll. In the event a lot or parcel connected to the facilities is subsequently divided into two or more lots or parcels as shown on the current assessment roll, the legislative body shall designate the lot or parcel that remains connected to the facilities and against which the installments of the fees or charges and interest are to be entered.
(Amended by Stats. 2015, Ch. 269, Sec. 20. (SB 184) Effective January 1, 2016.)
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 5474.5.

5474.5. The county auditor shall enter on the current assessment roll the amounts of the installments of any fees or charges and interest and, except as provided in Section 5474.6, the amounts thereof shall constitute a lien against the lot or parcel of land against which levied as of noon on the first Monday in March immediately preceding the date of entry.
(Amended by Stats. 2015, Ch. 269, Sec. 21. (SB 184) Effective January 1, 2016.)
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 5474.6.

5474.6. (a) The tax collector shall include the amounts of the installments of fees or charges and the interest on bills for taxes levied against the respective lots and parcels of land. Thereafter, all laws applicable to the levy, collection and enforcement of taxes of the entity, including penalties and interest thereon and cancellation or refund thereof, shall be applicable to those installments of fees or charges and interest, except that, if any real property to which the fees or charges relate 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 attaches thereon during the year prior to the date on which the first installment of the general taxes that include the fees or charges appears on the assessment roll, then the lien which would otherwise be imposed by Section 5474.5 shall not attach to the real property and the fees or charges and interest shall be transferred to the unsecured roll for collection.
(b) The amount of the unpaid installments of fees or charges and interest may, in the discretion of the entity, 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 fees or charges and interest 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 shall have 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 this filing the lien shall be extended to the real property in this county for 10 years unless sooner released or otherwise discharged.
(Amended by Stats. 2012, Ch. 330, Sec. 19. (SB 1090) Effective January 1, 2013.)
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 5474.7.

5474.7. The tax collector may, in his discretion, issue separate bills for such installments of fees or charges and interest. The county shall be compensated for services, if any, rendered in connection with the levy, collection and enforcement of such installments of fees or charges and interest in an amount to be fixed by agreement between the board of supervisors and the legislative body of the entity. The compensation shall not exceed 1 percent of all money collected for the entity.
(Amended by Stats. 1961, Ch. 754.)
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 5474.8.

5474.8. Fees or charges imposed by an entity by ordinance or resolution adopted pursuant to Section 5474 may differ in amount or method of computation from fees or charges imposed by any other ordinance or resolution of such entity adopted pursuant to Section 5474.
(Amended by Stats. 2016, Ch. 366, Sec. 19. (SB 974) Effective January 1, 2017.)
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 5474.9.

5474.9. Revenues derived from fees or charges imposed pursuant to Section 5474 shall be used only for the acquisition, construction, reconstruction, maintenance and operation of sanitation or sewerage facilities, to pay municipalities for sewer service collection charges, to repay principal and interest on bonds issued for construction or reconstruction of such sanitation or sewerage facilities and to repay federal or state loans or advances made to entities for the construction or reconstruction of sanitation or sewerage facilities; provided, however, that such revenue shall not be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor and outfall sewers.
(Amended by Stats. 1961, Ch. 754.)
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 5474.10.

5474.10. The authority for the imposition of fees or charges by entities pursuant to Section 5474 shall be in addition to the authority granted to such entities by any other law authorizing such entities to establish fees, tolls, rates, rentals or other charges.
(Amended by Stats. 1961, Ch. 754.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 7 - Effect on Previous Laws › Section 5475.

5475. No right or obligation accrued by the formation or operation of a municipal sewer district pursuant to the provisions of Chapter 673, Statutes of 1909, is affected by the repeal of that act, and any district organized may continue in existence and subject to that act.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 9 - Joint Municipal Sewage Disposal District Act › ARTICLE 5.5 - Claims › Section 5745.

5745. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto.
(Amended (as added by Stats. 1959, Ch. 1727) by Stats. 1963, Ch. 1715. Note: This article was added to Chapter 9 (formerly comm. with Section 5700), which was repealed by Stats. 1959, Ch. 1309.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 10 - Regional Sewage Disposal Districts › Section 6096.

6096. Claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code, except as provided therein. Claims not governed thereby or by other statutes or by ordinances or regulations authorized by law and expressly applicable to such claims shall be prepared and presented to the governing body, and all claims shall be audited and paid, in the same manner and with the same effect as are similar claims against the county.
(Amended (as added by Stats. 1959, Ch. 1727) by Stats. 1963, Ch. 1715. Note: This section was added by Stats. 1959, Ch. 1727, to Chapter 10 (formerly comm. with Section 5900), which was repealed by Stats. 1959, Ch. 1309.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 11 - Assistance to Small Rural Communities › Section 6120.

6120. Unless the context otherwise requires, the definitions in this section govern the construction of this chapter.
(a)  “Community facility” means a public or mutual water system, or publicly operated waste water system.
(b)  “Department” means the Department of Housing and Community Development.
(c)  “Eligible grantee” means a local governmental entity or a private nonprofit organization which has demonstrated capacity to provide technical assistance on all subjects specified in subdivision (g).
(d)  “Low-income community” means a community in which the median income of the persons in the community, area, or city is less than 70 percent of the median income in the state.
(e)  “Rural community” means any community, area, or city with less than 5,000 population.
(f)  “Seed money” means funds granted by the department pursuant to the provisions of this chapter for project organization and development, test wells, preliminary engineering, professional fees, and other costs which are necessary to get a project approved for financing from local, state, or federal sources.
(g)  “Technical assistance” means assistance and advice on all of the following subjects:
(1)  Organization, including formation, financing, and operation, of public and private nonprofit service entities.
(2)  Community responsibilities, including the conduct of meetings, maintenance of minutes of meetings, preparation and analysis of budgets, keeping of fiscal records, and supervision of staff.
(3)  Operation and maintenance, including schedules and techniques pertaining to all parts of a facility, and maintenance control systems and maintenance recordkeeping to assure adequate maintenance, including schedules and techniques pertaining to all parts of a facility, and maintenance control systems and maintenance recordkeeping to assure adequate maintenance is performed on a facility.
(4)  Project development, including, but not limited to:
(A)  The preparation of plans for needed expansion, creation of services, and schedules for expected major repairs or replacement needs.
(B)  Negotiation of contracts for professional services.
(C)  An examination of various funding alternatives, and packaging applications for assistance.
(D)  Review of engineering plans and specifications for development projects.
(E)  Compliance with appropriate regulations relative to funding agencies.
(5)  Financial assistance available from the department in seed money grants pursuant to this chapter.
(Amended by Stats. 1984, Ch. 744, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 11 - Assistance to Small Rural Communities › Section 6121.

6121. The Legislature finds and declares that small rural communities are unable to take advantage of various local, state, and federal facility development programs due to their lack of technical expertise, staff, and seed money. The Legislature finds and declares that changing state and federal regulations relative to the provision of domestic water and waste water disposal are creating an extra hardship upon rural areas. The Legislature further finds and declares that the provisions of this chapter are necessary in order to provide assistance to rural areas so that they may take advantage of existing programs and develop self-help expertise enabling them to assist themselves in the future.
(Added by Stats. 1983, Ch. 1152, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 11 - Assistance to Small Rural Communities › Section 6122.

6122. The department shall establish a Rural Community Facilities Technical Assistance Program, under which, subject to the availability of funds therefor, contracts shall be made by the department with public entities and nonprofit corporations for the provision of technical assistance to rural and low-income communities in the operation, maintenance, and development of community facilities.
(Added by Stats. 1983, Ch. 1152, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 11 - Assistance to Small Rural Communities › Section 6124.

6124. The program shall be for the purpose of helping rural and low-income communities to take advantage of various local, state, and federal financing programs to develop community facilities, ensuring that these facilities are developed and operated in such a manner that the facilities or services last for a normal period of time, as determined by the department, and ensuring that, wherever possible, reasonable user rates are charged for use of the facilities. The department shall provide in the administration of the program that funds pursuant to this program shall, to the greatest extent practicable, be used with the greatest amount of matching nonprogram funds.
(Added by Stats. 1983, Ch. 1152, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 11 - Assistance to Small Rural Communities › Section 6125.

6125. The Rural Community Facility Grant Fund is hereby created in the State Treasury. The fund is continuously appropriated, without regard to fiscal years, notwithstanding Section 13340 of the Government Code, to the department for expenditure for the purpose of making grants pursuant to the provisions of this chapter and to pay the costs incurred by the department in administering the grant program.
(Added by Stats. 1983, Ch. 1152, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 5 - SANITATION › PART 3 - COMMUNITY FACILITIES › CHAPTER 11 - Assistance to Small Rural Communities › Section 6126.

6126. The department shall grant funds by contract with eligible grantees under the following conditions:
(a)  That grantees shall have the ability to provide all aspects of technical assistance on at least a countywide basis.
(b)  That grantees shall use no more than 80 percent of those funds for staff and administrative costs connected with the provision of that technical assistance.
(c)  That each community designated by a grantee to receive seed money shall be reviewed and certified by the department as eligible for those funds.
(d)  That any community designated to receive seed money shall also receive technical assistance.
(e)  That no community shall receive seed money which is greater than the sum of seven thousand five hundred dollars ($7,500) or two hundred dollars ($200) per family in such community, whichever is less.
(f)  The department and the grantee shall place seed money funds in a joint savings account which requires both the department and grantee to give authorization prior to the withdrawal of those funds.
(Amended by Stats. 1984, Ch. 744, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 1 - General Provisions and Definitions › Section 6400.

6400. “District,” as used in this part, means a district formed pursuant to this part or pursuant to any law which it supersedes.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 1 - General Provisions and Definitions › Section 6401.

6401. “Board” or “district board,” as used in this part, means the governing board of a district.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 1 - General Provisions and Definitions › Section 6403.

6403. “Assessor,” as used in this part, means the assessor of a district.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 1 - General Provisions and Definitions › Section 6404.

6404. “Tax collector,” as used in this part, means the tax collector of the county or counties in which a district is located.
(Amended by Stats. 1961, Ch. 1629.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 1 - General Provisions and Definitions › Section 6405.

6405. “Treasurer,” as used in this part, means the treasurer of the county or counties in which a district is located.
(Amended by Stats. 1961, Ch. 1629.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 1 - General Provisions and Definitions › Section 6406.

6406. “Garbage,” as used in this part, shall include all of the following: (a) animal, fruit and vegetable refuse; (b) offal; (c) leaves and cuttings, trimmings from trees, shrubs and grass; (d) inorganic refuse and rubbish; (e) anything thrown away as worthless.
(Added by Stats. 1939, Ch. 304.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 1 - General Provisions and Definitions › Section 6408.

6408. “Board of supervisors,” as used in this part, means the board of supervisors of the county in which the greatest portion of the area of the district, is situated at the time of the filing of the petition for formation, unless another meaning is specified.
(Added by Stats. 1961, Ch. 1629.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 2 - Formation › ARTICLE 1 - Petition › Section 6420.

6420. Whenever 25 persons in any county, or in two or more counties within the same natural watershed area, desire the formation of a sanitary district within the area, they may sign and present a petition to the board of supervisors of the county in which the greatest portion of the area of the proposed district is situated at the time of the filing of the petition. If the district is to be located in more than one county, the petition shall be signed by no fewer than 15 persons in the county in which the greatest portion of the district is located and by no fewer than 10 persons in each other county in which the district is located.
(Amended by Stats. 1961, Ch. 1629.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 2 - Formation › ARTICLE 1 - Petition › Section 6421.

6421. The petition shall contain:
(a)  The name of the proposed district.
(b)  The boundaries of the proposed district.
(c)  A request that the territory within the boundaries be formed into a district as provided by this part.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 2 - Formation › ARTICLE 1 - Petition › Section 6422.

6422. Each petitioner shall be a resident and freeholder in the proposed district.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 2 - Formation › ARTICLE 1 - Petition › Section 6423.

6423. The petition shall be verified by the affidavit of one of the petitioners.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 2 - Formation › ARTICLE 1 - Petition › Section 6424.

6424. The petition shall be published for at least two weeks preceding the hearing in a newspaper of general circulation published in each county in which the district is located.
(Amended by Stats. 1961, Ch. 1629.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 2 - Formation › ARTICLE 1 - Petition › Section 6425.

6425. With the petition there shall be published a notice stating the time when the petition will be presented to the board of supervisors, and that all persons interested may appear and be heard.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 2 - Formation › ARTICLE 2 - Hearing › Section 6440.

6440. At the time designated the board of supervisors shall hear the petition, and may adjourn the hearing from time to time.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 2 - Formation › ARTICLE 2 - Hearing › Section 6441.

6441. The board of supervisors shall not modify the boundaries of the proposed district as set forth in the petition so as to exclude from the proposed district any land which would be benefited by the formation of the district, nor shall there be included in the proposed district any lands which will not in the judgment of the board be benefited.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 2 - Formation › ARTICLE 2 - Hearing › Section 6442.

6442. If the board of supervisors concludes that any land has been improperly omitted from the proposed district and the owner has not appeared at the hearing, it shall continue the further hearing of the petition, and shall order notice given to the nonappearing owner, requiring him to appear before it and show cause, if any he has, why his land should not be included in the proposed district.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 2 - Formation › ARTICLE 2 - Hearing › Section 6443.

6443. The notice shall be given either by publication in the same manner as the original petition and for the same period, or by personal service on each nonappearing owner.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 2 - Formation › ARTICLE 2 - Hearing › Section 6444.

6444. If the notice is given by personal service, it shall be given at least three days prior to the date fixed for the further hearing.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 2 - Formation › ARTICLE 2 - Hearing › Section 6445.

6445. The board of supervisors may grant further continuances, by order entered in its minutes, to the end that a full hearing may be had.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 2 - Formation › ARTICLE 2 - Hearing › Section 6446.

6446. Upon the final hearing of the petition, the board of supervisors, if it approves the petition as originally presented or in a modified form, shall make an order containing:
(a)  A description of the exterior boundaries of the proposed district, as determined by the board of supervisors.
(b)  The date on which an election will be held in the proposed district.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 2 - Formation › ARTICLE 2 - Hearing › Section 6447.

6447. The order shall:
(a)  Fix the day of the election, which shall be held on the next established election date not less than 74 days from the date of the order.
(b)  State that at the election there shall be elected a district assessor, and five members of the board.
(Amended by Stats. 1973, Ch. 1146.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 2 - Formation › ARTICLE 2 - Hearing › Section 6448.

6448. The order shall be entered in the minutes of the board of supervisors, and is conclusive evidence of the due presentation of a proper petition, and of the fact that each of the petitioners was, at the time of the signature and presentation of the petition, a resident and freeholder in the proposed district.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 2 - Formation › ARTICLE 3 - Election on Formation and for Officers › Section 6460.

6460. Except as otherwise specifically provided in this article, the provisions of the chapter of this part on elections govern the election on the question of organizing a district and the election of the first district officers, and the board of supervisors of the county and the county clerk shall perform the duties conferred by that chapter on the district board and its secretary, respectively.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 6 - SANITARY DISTRICTS › PART 1 - SANITARY DISTRICT ACT OF 923 › CHAPTER 2 - Formation › ARTICLE 3 - Election on Formation and for Officers › Section 6461.

6461. A copy of the order shall be posted for four successive weeks prior to the election in three public places in the proposed district at least one of which shall be in each county in which the district is located, and shall be published once a week for four successive weeks prior to the election in a newspaper of general circulation published in each county in which the district is located.
(Amended by Stats. 1961, Ch. 1629.)