2005 California Water Code Sections 71638-71638.4 Article 2.5. Alternative Provisions for Standby Charges ..

WATER CODE
SECTION 71638-71638.4

71638.  This alternative procedure may be utilized by a district or
for an improvement district therein if the procedure set forth in
Article 2 (commencing with Section 71630) of this chapter has been
used for the preceding three consecutive years in such district or
for such improvement distict.
71638.1.  For property within a district, a portion thereof, or an
improvement district, which property was previously charged or
assessed for such purposes, the district by resolution may fix on or
before the third Monday of August, in each fiscal year, a water
standby assessment or availability charge in the district, in any
portion thereof, or in any improvement district, to which water is
made available by the district, whether the water is actually used or
not.
71638.2.  The resolution fixing a standby assessment or availability
charge may establish schedules varying the charges according to land
uses, water uses, and degree of water availability, subject to the
maximum charges provided in Section 71631.
71638.3.  The secretary shall cause written notice to be mailed to
the owner of any affected property which has changed ownership since
the last standby assessment or availability charge was fixed and to
all persons affected by a proposed increase in the standby assessment
or availability charge above the amount set for the preceding year.
The notice shall also be published as provided in Section 71632.
The notice shall be mailed to the person shown as the owner of the
property on the last equalized assessment roll or known to the
secretary and shall set forth the time and place the board will
consider the matter, together with the schedule of charges proposed
to be established.  At the time stated in the notice, the board shall
hear and consider all objections or protests, if any, to the
proposed charges.  Upon the conclusion of the hearing, the board may
adopt, revise, change, reduce, or modify an assessment or charge, or
overrule any or all objections.
71638.4.  The levy and collection of such assessment or charge shall
be made as provided in Sections 71634 through 71637, inclusive.


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