SECTIONS 35470-35482 - California Statutes

WATER CODE

SECTION 35470-35482

35470. Any district formed on or after July 30, 1917, may, in lieu
in whole or in part of raising money for district purposes by
assessment, make water available to the holders of title to land or
the occupants thereon, and may fix and collect charges therefor.
Pursuant to the notice, protest, and hearing procedures in Section
53753 of the Government Code, the charges may include standby charges
to holders of title to land to which water may be made available,
whether the water is actually used or not. The charges may vary in
different months and in different localities of the district to
correspond to the cost and value of the service, and the district may
use so much of the proceeds of the charges as may be necessary to
defray the ordinary operation or maintenance expenses of the district
and for any other lawful district purpose.

35470.1. If the procedures set forth in this article as it read at
the time a standby charge was established were followed, the district
may, by resolution, continue the charge pursuant to this article in
successive years at the same rate. If new, increased, or extended
assessments are proposed, the board shall comply with the notice,
protest, and hearing procedures in Section 53753 of the Government
Code.

35470.5. The district may, by resolution, provide that a penalty
not in excess of 10 percent shall be added to water, standby,
facility, or other charges which are delinquent, and the delinquent
charges shall bear interest at a rate not in excess of 1 1/2 percent
per month. For purposes of this section, the district shall establish
the period or date after which the charges shall become delinquent
if they remain unpaid. The delinquency dates established in Part 7
(commencing with Section 36550) and Part 7.5 (commencing with Section
37200) for unpaid assessments, which may include standby or other
charges for the use of district water that has been made a part of
the assessment, shall not apply to the addition of penalties and
interest to delinquent charges, pursuant to this section.

35471. Any funds derived pursuant to Section 35470 in excess of the
amount necessary for operating or maintenance expenses and other
lawful district purposes shall be applied by the treasurer upon the
payment of interest on general obligation bonds or to create a
sinking fund.

35472. For the purpose of providing funds to pay revenue bonds and
interest when due the board shall fix and collect charges for the
sale of water.

35473. The charges to pay revenue bonds and interest thereon when
due shall be fixed by the board before April 1st of each year.

35474. The charges to pay revenue bonds and interest thereon shall
be fixed by the board upon a flat rate per acre or connection or on a
metered basis or on a combination of a flat rate and metered basis
and shall be sufficient to raise the amount specified on the face of
the bonds when issued and one year's interest thereon unless the
district has accumulated a surplus fund in the treasury of the
district which is available for the payment of all bonds and interest
that will accrue for payment during the current year, in which event
the charges may be made so that the aggregate amount to be raised by
the sale of water when added to the surplus fund equals the face
value of the bonds that will mature within one year and the interest
thereon.

35475. The charges to pay revenue bonds and interest thereon may
include a stand-by or carrying charge notwithstanding the water is
not actually used, under such rules and regulations as the board may
prescribe.

35476. The charges to pay revenue bonds and interest thereon may be
made payable in advance before service of water is made to the land.

35477. The collection of charges to pay revenue bonds and interest
thereon shall be continued each year until all revenue bonds,
together with interest thereon, are fully redeemed and paid.

35478. All revenue bond redemption and interest charges are a first
lien on all revenues received from the sale of water unless the
district, by a limitation clearly expressed in the ballots used at
the election at which the bonds are voted and in all the bonds,
limits the charge and lien to a part of the revenues of the district
or to a fixed portion of all revenues from the sale and use of water.

35479. The district may elect, if it is using the alternative
provisions for levy, collection and enforcement of district
assessments by the county as provided in Part 7.5 hereof, to have the
county levy and collect standby charges. If the district so elects,
it shall certify to the county auditor of each county in which the
district is located and the county assessor in each county in which
the district is located on or before the fourth Monday in August of
each year in which a standby charge is to be levied and collected for
the fiscal year commencing on that July 1, the following information
for purposes of such levy, assessment and collection:
(a) The amount of the acreage standby charge levied by the
district, both by acre and total amount estimated to be collected for
the entire district;
(b) The assessee parcels and assessee names for each parcel of
land in the district against whom a standby charge is being levied
and the acreage assessed to such person according to the district
records, and the total amount of the charge to be paid by each
assessee parcel.

35480. The county assessor and county auditor shall thereafter add
to the tax bills for each assessee and assessee parcel as so
certified, in addition to the other charges, the standby charges of
the district.

35481. The county tax collector and treasurer shall thereupon
collect, receive and disburse to the district the standby charges as
collected with the regular tax payments to the county.

35482. No district furnishing water for residential use to a tenant
shall seek to recover any charges or penalties for the furnishing of
water to or for the tenant's residential use from any subsequent
tenant on account of nonpayment of charges by a previous tenant. The
district may, however, require that service to subsequent tenants be
furnished on the account of the landlord or property owner.