SECTIONS 5460-5464 - California Statutes

HEALTH AND SAFETY CODE

SECTION 5460-5464

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.

5461. Any person who discharges sewage or other waste in any manner
which results in contamination is guilty of a misdemeanor.

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.

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 such owner or reputed owner, after 30 days, having refused,
neglected, or failed to connect such 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 said work at the
request of such health officer or governing board has a lien upon
said real estate for his work done and materials furnished, and such
work done and materials furnished shall be held to have been done and
furnished at the instance of such owner or reputed owner, or person
claiming or having any interest therein. Such 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 such governing board pays the cost or
price of said connection, it shall succeed to and have all the
rights, including the lien provided for above, of such 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
such 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 Title 15 (commencing with
Section 3082), Part 4, Division 3, 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.

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.

5464. Any owner or reputed owner, who has his 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 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 any 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 15 years, provide a rate of interest, not to exceed 6 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.