2005 California Government Code Sections 25210.1-25210.9c Article 1. General Provisions

25210.1.  The Legislature hereby finds and declares that
unprecedented growth in the unincorporated areas of a great many
counties of California, particularly since 1940, has created many new
and difficult problems of government.  As a result of large
population growth and intensive residential, commercial and
industrial development in such areas, extended governmental services
are needed in such areas.
   The Legislature recognizes the duty of counties as
instrumentalities of State Government to adequately meet the needs of
such areas for extended governmental services and also recognizes
that such areas should pay for the extended services which are
provided.
   The residents and property owners of such areas are entitled to
have made available to them reasonable alternative methods of
providing or securing the extended services they require and to
choose among the alternatives a method best suited to their local
circumstances.
   It is the purpose of this chapter to provide an additional
alternative method for the furnishing of extended governmental
services within such areas adequate to meet the needs of such areas
and to provide for the levy of taxes within such areas in an amount
sufficient to pay for extended services provided or additional
extended services to be provided.
25210.1a.  Land devoted primarily to agricultural, timber, or
livestock uses and being used for the commercial production of
agricultural, timber, or livestock products may be included in a
county service area only if that land is contiguous to other land
which is included within the described exterior boundaries of the
county service area, and only if the board of supervisors finds that
the land will be benefited by any of the types of services proposed
to be provided within the area.  That land may, however, be included
in the county service area, if the owner requests its inclusion.
25210.2.  This chapter shall be known and may be cited as the
"County Service Area Law."
25210.3.  This chapter provides an alternative method for providing
governmental services by counties within unincorporated areas.  This
chapter shall not affect or limit any other provisions of law
authorizing or providing for the furnishing of governmental services
within unincorporated areas.
   When any proceedings are commenced under this chapter, for the
establishment of a county service area or for providing additional
types of services within an  established county service area, this
chapter and no other provisions shall apply to the proceedings.
Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of
Title 5 of the Government Code shall apply to all of these
proceedings and the term "district" as used in that Chapter 8 shall
be deemed to include a county service area for the purposes of that
chapter only.
25210.3a.  No proceedings for the establishment of a county service
area may be instituted until the approval of the local agency
formation commission is first obtained pursuant to the
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000,
Division 3 (commencing with Section 56000) of Title 5.
25210.3b.  Territory may be annexed to, or detached from, a county
service area and a county service area may be dissolved,
consolidated, or reorganized.  All proceedings therefor shall be
taken under and pursuant to the Cortese-Knox-Hertzberg Local
Government Reorganization Act of 2000, Division 3 (commencing with
Section 56000) of Title 5.
25210.3c.  A county service area may destroy a record pursuant to
Chapter 7 (commencing with Section 60200) of Division 1 of Title 6.
25210.4.  A county service area may be established under this
chapter to provide any one or more of the following types of extended
service within such area:
   (a) Extended police protection.
   (b) Structural fire protection.
   (c) Local park, recreation or parkway facilities and services.
   (d) Any other governmental services, hereinafter referred to as
miscellaneous extended services, which the county is authorized by
law to perform and which the county does not also perform to the same
extent on a countywide basis both within and without cities, if:
   (1) The board of supervisors determines that such services should
be provided on an extended basis within a county service area; or
   (2) Such services are specified in a request or a petition for the
initiation of proceedings for the formation of a county service area
or in a request or a petition for the initiation of proceedings for
the furnishing of additional types of services within a county
service area.
   (e) Extended library facilities and services.
   (f) Television translator station facilities and services, if:
   (1) The number of station facilities to be erected by the service
area will not exceed six.
   (2) The number of television channels provided by the service area
will not exceed 10.
   (g) Low-power television services.
   At the time of the adoption of the resolution of intention to
establish a county service area the board of supervisors shall
specify the type or types of services which are proposed to be
provided within the area pursuant to this chapter.
25210.4a.  "Miscellaneous extended services," as used in this
chapter includes, but is not limited to, all of the following:
   (1) Water service, including the acquisition, construction,
operation, replacement, maintenance, and repair of water supply and
distribution systems, including land, easements, rights-of-way, and
water rights.
   (2) Sewer service, including the acquisition, construction,
operation, replacement, maintenance, and repair of sewage collection,
transportation, and disposal systems, including land, easements, and
rights-of-way.
   (3) Pest or rodent control.
   (4) Street and highway sweeping.
   (5) Street and highway lighting, including the acquisition,
construction, replacement, maintenance, and repair of a street or
highway lighting system, including land, easements, and
rights-of-way.
   (6) Refuse collection.
   (7) Garbage collection.
   (8) Ambulance service.
   (9) Planning for a part of the county by a planning agency
established pursuant to Article 1 (commencing with Section 65100) of
Chapter 3 of Title 7.
   (10) Soil conservation and drainage control.
   (11) Animal control.
   (12) Services provided by a municipal advisory council established
pursuant to Section 31010.
   (13) Transportation services.
   (14) Geologic hazard abatement on public or private property or
structures where the board of supervisors determines that it is in
the public interest to abate geologic hazards.  "Geologic hazard,"
for purposes of this subdivision, means an actual or threatened
landslide, land subsidence, soil erosion, earthquake, or any other
natural or unnatural movement of land or earth.
   (15) Road maintenance.  Street, highway, and bridge construction,
improvement and maintenance, including related drainage facilities
and structures, necessary design and engineering services, and the
acquisition of land, easements, and rights-of-way needed for the
work.  Article 3.5 (commencing with Section 20120) of Chapter 1 of
Part 3 of Division 2 of the Public Contract Code is applicable to the
furnishing of extended services pursuant to this paragraph.
   (16) Interments pursuant to the Public Cemetery District Law, Part
4 (commencing with Section 9000) of Division 8 of the Health and
Safety Code.
25210.4b.  Notwithstanding the provisions of Section 25210.4, a
county service area may be established in a county of the 46th class
or a county of the 56th class to provide, as an extended service, an
unlimited number of television translators and an unlimited number of
television channels.  In addition, such a county service area may
provide as extended service the amplification and rebroadcast of an
unlimited number of FM radio signals.
25210.4c.  A county service area including the entire unincorporated
area of the county may be established to provide any or all of the
services authorized in Sections 25210.4 or 25210.4a within such area
of the county notwithstanding that the services proposed to be
provided within the service area are being provided to the entire
unincorporated area at the same or similar level to that proposed,
provided the board of supervisors finds that the services proposed to
be provided within such service area are not being provided to the
same extent on a countywide basis both within and without cities.
25210.4d.  In any county which exceeds 20,000 square miles in area,
a county service area, in addition to all other types of service
which it is empowered to provide, may provide flood or inundation
protection services; and any such county service area formed prior to
the effective date of this section may provide such services without
taking proceedings for the extension of authorized services pursuant
to Article 3 (commencing with Section 25210.30) of this chapter.  As
used in this section, "flood or inundation protection services"
shall include, but shall not be limted to, the acquisition, purchase,
construction, repair, and maintenance of dams and of all land,
easements, structures, facilities, and equipment necessary or
convenient therefor when the same are intended to protect persons or
property from flooding or inundation which might occur in the event
of the failure of an existing privately owned dam.
   No indebtedness may be incurred by a county service area for the
purposes of this section except in accordance with the provisions of
Article 10 (commencing with Section 25211.1) of this chapter.
   Any county service area utilizing the provisions of this section
to provide flood or inundation protection services and which
establishes a zone of benefit therefor, may not provide water service
within such zone of benefit.
25210.4e.  In Lassen County, a county service area, in addition to
other services which it is empowered to provide, may purchase
electrical energy generated within the boundaries of the county, and
enter into contracts for the sale of such energy at wholesale rates
to any public agency or public utility engaged in the sale or use of
electrical energy.
25210.4f.  (a) In Orange County, a county service area, in addition
to other services which it is empowered to provide, may exercise the
powers of a harbor improvement district pursuant to Part 2
(commencing with Section 5800) of Division 8 of the Harbors and
Navigation Code and the Orange County Flood Control District pursuant
to Chapter 723 of the Statutes of 1927 and as subsequently amended.
Notwithstanding Sections 25210.10 and 25210.10a, the county service
area may include all of the territory, both incorporated and
unincorporated, within the County of Orange without  the adoption of
resolutions of consent adopted by the legislative bodies of the
cities.  These services and facilities shall be deemed "miscellaneous
extended services."
   (b) In the event one or more special districts, one of which is a
harbor improvement district or a district formed pursuant to Chapter
723 of the Statutes of 1927 governed by a county board of
supervisors, is dissolved, the county may form a county service area
or areas to include both the incorporated and unincorporated
territory of the former district or districts.  The county may
exercise the same powers and continue to provide the facilities and
services of the former district or districts under the authority and
in the manner provided in either the statutes governing the county or
those governing the district which formerly provided those
facilities and services,  including, but not limited to, the
authority to adopt ordinances pursuant to Section 5900 of the Harbors
and Navigation Code and Section 3 of the Orange County Flood Control
Act (Chapter 723 of the Statutes of 1927), and the authority to
adopt flood plain regulations under Section 8414 of the Water Code.
   (c) The provisions of Sections 25210.10, 25210.10a, and 25210.90
shall not apply to the county service area or service areas referred
to in this section.
25210.4g.  (a) In San Bernardino County, a county service area, in
addition to all other types of service that it is empowered to
provide, may provide open-space and habitat conservation services,
including the acquisition and preservation of land for the purposes
of protecting unique, sensitive, threatened, or endangered species,
or historical or culturally significant lands that are deemed to be
in need of protection by the county board of supervisors.  These
services and facilities shall be deemed "miscellaneous extended
services."
   (b) For purposes of this section, the service charge authority in
Section 25210.77a does not apply.
   (c) For any county service area or zone thereof formed pursuant to
this section, any setback or buffer requirements to protect the
open-space or habitat areas shall be owned and maintained by the
county service area so as not to infringe on the customary husbandry
practices on any neighboring agricultural or timber operations.
25210.5.  As used in this chapter, "structural fire protection"
includes protection against all fires occurring within a county
service area except those for which protection is provided pursuant
to Section 25642, and shall include fire prevention, hazard
abatement, and enforcement of the Uniform Fire Code as adopted by the
State Fire Marshal in Section 1.09 of Title 19 of the California
Code of Regulations.
25210.6.  Notwithstanding any other provision of this chapter
(commencing with Section 25210.1), the board of supervisors may levy
and collect taxes for capital outlay purposes within a county service
area.  The board may also levy and collect taxes for the
accumulation of a reserve fund for capital outlay purposes.
25210.6a.  (a) Notwithstanding any other provision in this chapter,
the board of supervisors may levy and collect a special tax in any
county service area or zone within a county service area, pursuant to
the procedures prescribed in Article 3.5 (commencing with Section
50075) of Chapter 1 of Part 1 of Division 1, to fund any one or more
services which may be provided under this chapter.
   (b) "Special tax," as used in this section, means any special tax
which applies uniformly to all taxpayers or all real property within
the county service area or zone.
25210.7.  Notwithstanding any other provision of this chapter, the
board of supervisors may levy and collect taxes for any appropriation
for contingencies to be used for expenses for maintenance and
operation of any services within a county service area.
25210.8.  Notwithstanding any other provision in this chapter, the
board of supervisors may establish zones within any county service
area with tax rates, service charges, benefit assessments, fire
suppression assessments, or connection charges varying with the
extent of benefit to each zone derived from services provided to the
property within each zone or with the availability of other funds
within a zone.
25210.9.  Any water, sewer, or garbage service fees which remain
unpaid for a period of 60 or more days after the date upon which they
were billed may be collected thereafter by the county as provided
herein.
   (a) Once a year the board of supervisors shall cause to be
prepared a report of delinquent fees.  The board shall fix a time,
date and place for hearing the report and any objections or protests
thereto.
   (b) The board shall cause notice of the hearing to be mailed to
the landowners listed on the report not less than 10 days prior to
the date of the hearing.
   (c) At the hearing the board shall hear any objections or protests
of landowners liable to be assessed for delinquent fees.  The board
may make such revisions or corrections to the report as it deems
just, after which, by resolution, the report shall be confirmed.
   (d) The delinquent fees set forth in the report as confirmed shall
constitute special assessments against the respective parcels of
land and are a lien on the property for the amount of such delinquent
fees.  A certified copy of the confirmed report shall be filed with
the county auditor for the amounts of the respective assessments
against the respective parcels of land as they appear on the current
assessment roll.  The lien created attaches upon recordation, in the
office of the county recorder of the county in which the property is
situated, of a certified copy of the resolution of confirmation.  The
assessment may be collected at the same time and in the same manner
as ordinary county ad valorem property taxes are collected and shall
be subject to the same penalties and the same procedure and sale in
case of delinquency as provided for such taxes.  All laws applicable
to the levy, collection and enforcement of county ad valorem property
taxes shall be applicable to such 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 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
delinquency fees, as confirmed, relating to such property shall be
transferred to the unsecured roll for collection.
   This remedy is in addition to all other means available for
collection.
   (e) If the person who appears as the owner of the respective
parcels of land on the current assessment roll is different from the
person to whom the bills for water, sewer or garbage service fees
were sent, the provisions of this section shall apply only if
   (1) Copies of any unpaid bills for water, sewer or garbage service
fees and
   (2) Copies of any notice of hearing of a report of delinquent fees
were mailed to such person who appears as the owner of the
respective parcels of land.
25210.9a.  The board of supervisors may from time to time transfer
moneys to a county service area or to a zone within a county service
area, for the benefit of the service area or zone, from any available
funds of the county.  Any moneys so transferred may be used for the
payment of any currently payable expenses incurred by reason of the
establishment of any extended services within the service area or
zone prior to December 1 of the first fiscal year in which a tax may
be levied for extended services within the service area or zone.  The
rate of interest earned by such moneys shall be determined by the
board of supervisors.
25210.9b.  The board of supervisors shall in the first fiscal year
in which a special tax upon the taxable property therein may be
levied for any extended service in and on behalf of a county service
area or a zone within a county service area, levy a special tax upon
the taxable property therein for the purposes of the service area or
zone, and shall include in the levy a sum sufficient to repay to the
county the amounts transferred to the said service area or zone
pursuant to Section 25210.9a.  The amounts borrowed, with interest,
shall be retransferred to the proper county fund or funds from the
first available receipts from said special levy in said service area
or zone.
   Notwithstanding the above, the board of supervisors, may, by a
four-fifths resolution no later than the time of the first levy,
extend the repayment of the transferred funds over a period of not to
exceed three consecutive years, in which event said levy and each
subsequent levy shall include a sum sufficient to repay the amount
specified by the board of supervisors for the year of the levy.
25210.9c.  (a) Pursuant to a resolution adopted by a four-fifths
vote of all the members of its board of supervisors, a county may
appropriate any of its available moneys to a revolving fund not to
exceed two million dollars ($2,000,000) to be used for the
acquisition of real or personal property, environmental impact
studies, fiscal analysis, engineering services, salaries, wages,
services, supplies, or the construction of structures or improvements
needed in whole or in part to provide one or more extended services
to a county service area located wholly within the county. The
revolving fund shall be reimbursed from service fees, connection
charges, tax revenues, or other moneys available from the service
area, and no sums shall be disbursed from the fund until the board
has, by resolution, established the method by and the term, not
exceeding 10 years, within which the county service area is to
reimburse the fund. The service area shall reimburse the fund for any
amount disbursed to the service area within 10 years after
disbursement, together with interest at the current rate per annum
received on similar types of investments by the county as determined
by the county treasurer.
   (b) Notwithstanding subdivision (a), the Board of Supervisors of
the County of Santa Barbara or the County of Tulare may disburse
money from the revolving fund to county service areas without
complying with the requirement for reimbursement.