2005 California Public Resources Code Sections 13215-13217 CHAPTER 12. STANDBY CHARGES

PUBLIC RESOURCES CODE
SECTION 13215-13217

13215.  The district may 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.  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 2.2 (commencing with Section 25210.1) Part 2,
Division 2, of Title 3 of the Government Code prior to January 1,
1977.  Any such district shall be subject to the provisions of
Section 25210.77b of the Government Code.
13216.  The ordinance or resolution fixing standby or immediate
availability charges shall be adopted only after adoption of a
resolution setting forth the particular schedule of charges proposed
to be established and after notice and hearing in the manner
prescribed by Section 54354.5 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.


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