SECTIONS 13215-13217 - California Statutes

PUBLIC RESOURCES CODE

SECTION 13215-13217

13215. The district may, pursuant to the notice, protest, and
hearing procedures in Section 53753 of the Government Code, fix by
ordinance or resolution, on or before the first day of July in each
calendar year, water or sewer standby or immediate availability
charges. Each such charge shall not individually exceed twelve
dollars ($12) per year for each acre of land, or eight dollars ($8)
per year for each parcel of land of less than an acre within the
district to which water or sewerage could be made available for any
purpose by the district, whether the water or sewerage is actually
used or not, unless the standby charge is imposed pursuant to the
Uniform Standby Charge Procedures Act (Chapter 12.4 (commencing with
Section 54984) of Part 1 of Division 2 of Title 5 of the Government
Code). The district board may establish schedules varying the charges
depending upon factors such as the uses to which the land is put,
the cost of supplying such services to the land, and the amount of
services used on the land. The district board may restrict the
imposition of such charges to lands lying within one or more
improvement districts within the district.
The limitations contained in this section shall not apply to any
district which levied a standby charge pursuant to the County Service
Area Law (Chapter 2.5 (commencing with Section 25210) of Part 2 of
Division 2 of Title 3 of the Government Code) prior to January 1,
1977. Any such district shall be subject to Section 25215.6 of the
Government Code.

13216. If the procedures set forth in this section as it read at
the time a standby or immediate availability charge was established
were followed, the district board may, by ordinance or resolution,
continue the charge pursuant to Section 13215 in successive years at
the same rate. If new, increased, or extended assessments are
proposed, the district board shall comply with the notice, protest,
and hearing procedures in Section 53753 of the Government Code.

13217. If any water or sewer standby or immediate availability
charge remains unpaid on the first day of the month in which the
board of supervisors of the county in which the district is located
is required by law to levy the amount of taxes required for county
purposes, a 6-percent penalty thereon shall accrue. The amount of the
unpaid charges plus the penalty shall constitute a special
assessment upon the land with respect to which the services, for
which charges are unpaid, were available or in existence on a standby
basis, and shall constitute a lien on that land. The assessment
shall be collected at the same time and in the same manner as ad
valorem taxes are collected and shall be subject to the same
penalties and the same procedures upon sale in the case of
delinquency as provided for such taxes. All laws applicable to the
levy, collection, and enforcement of ad volorem taxes shall be
applicable to the assessment; except that if any real property to
which such lien would attach has been transferred or conveyed to a
bona fide purchaser for value, or if a lien of a bona fide
encumbrancer for the value has been created and attaches thereon,
prior to the date on which the first installment of such taxes would
become delinquent, then the lien which would otherwise be imposed by
this section shall not attach to such real property and the unpaid
charges, and any penalty thereon, relating to such property shall be
transferred to the unsecured roll for collection.
At least 15 days before the first day of the month in which the
board of supervisors is required by law to levy the amount of taxes
required for county purposes, the district board shall furnish in
writing both to the board of supervisors and to the county auditor, a
description of each parcel of land within the district upon which a
standby or immediate availability charge or charges remains unpaid,
together with a statement setting forth both the amount of the unpaid
charge or charges and the amount of the penalty on each parcel of
land.