2007 California Government Code Article 7. Miscellaneous Extended Services

CA Codes (gov:25210.70-25210.77g)

25210.70.  Within any county service area the board of supervisors
of any county may provide, pursuant to the provisions of this
chapter, those miscellaneous extended services authorized to be
provided within that area.


25210.70a.  (a) A county service area in whose territory all or any
portion of the redevelopment project area referenced in subdivision
(e) of Section 33492.41 of the Health and Safety Code is located may
locate, construct, and maintain facilities and infrastructure for
sewer and water pipelines or other facilities for sewer transmission
and water supply or distribution systems along and across any street
or public highway and on any lands that are now or hereafter owned by
the state, for the purpose of providing facilities or services
related to development, as defined in subdivision (e) of Section
56426, to or in that portion of the redevelopment project area that,
as of January 1, 2000, meets all of the following requirements:
   (1) Is unincorporated territory.
   (2) Contains at least 100 acres.
   (3) Is surrounded or substantially surrounded by incorporated
territory.
   (4) Contains at least 100 acres zoned for commercial or industrial
uses or is designated on the applicable county general plan for
commercial or industrial uses.
   (b) The facilities or services related to development may be
provided by the county service area to all or any portion of the area
defined in paragraphs (1) to (4), inclusive, of subdivision (a).
Notwithstanding any other provision of this code, building
ordinances, zoning ordinances, and any other local ordinances, rules,
and regulations of a city or other political subdivision of the
state shall not apply to the location, construction, or maintenance
of facilities or services related to development pursuant to this
section.


25210.70b.  Whenever a person installs sewers or other facilities
for sewers or water pipelines or other facilities for a water supply
or distribution system, and the board of supervisors determines that
it is necessary that such sewers, water pipelines or other facilities
be constructed so that they can or will be used for the benefit of
property other than that of the person making the installation and
such sewers, water pipelines, or other facilities are dedicated to
the public or become the property of the county, the board of
supervisors may by contract agree to reimburse such person for such
sewers, water pipelines or other facilities.  Such contract may
provide that the county may collect from any person using such
sewers, water pipelines or other facilities for the benefit of
property not owned by the person making the installation a reasonable
fee or charge.



25210.71.  The board of supervisors of any county may contract with
any state agency to finance any improvement relating to the provision
of water service, as defined in paragraph (1) of Section 25210.4a,
within a county service area that is established to provide, among
other services, water service.  The terms of the contract shall be
consistent with this chapter.  Notwithstanding any other provision in
this chapter, the term of the contract may extend up to 30 years.



25210.72.  If miscellaneous extended services are to be provided
within any county service area the board of supervisors may on or
before April 1st of each year, by resolution, determine the nature
and extent of such services to be provided at the expense of county
service area funds within the area during the next succeeding fiscal
year.



25210.72a.  If miscellaneous extended services are to be provided
within any county service area the board of supervisors may at the
time it adopts its final budget for the county determine the nature,
extent and cost of such miscellaneous extended services to be
provided at the expense of county service area funds within the area
during the fiscal year for which the final budget of the county is
adopted.  In the event that the board of supervisors elects to and
does determine the nature, extent and cost of providing such
miscellaneous extended services pursuant to this section, the
provisions of Sections 25210.72, 25210.73, 25210.  74 and 25210.75
shall be inapplicable to any such determinations and the board of
supervisors shall fix, levy and collect taxes therefor within the
area in the same manner and at the same time as other county taxes
are fixed, levied and collected.



25210.73.  On or before August 31 of each year, as the board of
supervisors directs, the county officer or officers required by law
to perform miscellaneous extended services or designated by the board
of supervisors as the officer whose duty it is to provide
miscellaneous extended services subject to the direction of the board
of supervisors, shall file with the board of supervisors and the
county auditor an estimate, accompanied by any supporting data the
board of supervisors may require, of the cost of providing the
miscellaneous extended services determined upon by the resolution of
the board of supervisors.  The estimate shall show the amount of
money required for general fund purposes and for salary fund
purposes.



25210.74.  The board of supervisors shall either adopt or revise the
estimate and the estimate as finally approved by the board of
supervisors shall fix the amount of money required for the purpose of
providing such miscellaneous extended services in the area for the
next succeeding fiscal year and no other budgetary requirements for
such miscellaneous extended services shall be deemed applicable to
the area.



25210.75.  Each year at the time the board of supervisors fixes and
levies taxes for county purposes it shall also fix the rates of
county service area taxes and shall levy the taxes upon all taxable
property within the area.  The rate shall be such as will produce,
after due allowance for delinquency as fixed by the board, the amount
found by deducting from the estimate finally approved by the board,
the amount of estimated revenue from other sources of the county
service area during the fiscal year and of any available surplus.



25210.76.  The tax for miscellaneous extended services shall be
annually levied and collected by the same officers and at the same
time and in the same manner as other county taxes are levied and
collected.  All collections shall be paid into the county treasury to
the credit of the county service area.



25210.77.  From time to time during the fiscal year as determined by
the board of supervisors, the board of supervisors shall order the
transfer from the funds in the county treasury standing to the credit
of the county service area of an amount found by the board of
supervisors to be sufficient to reimburse the county general fund and
the county salary fund for the expenditures made therefrom in the
performance of the authorized miscellaneous extended services in the
area.


25210.77a.  For any county service area or zone thereof located
therein, a county may fix and collect charges for a particular
extended service authorized pursuant to this article to pay, in whole
or in part, for the cost thereof.  The revenue obtained thereby may
be in lieu of, or supplemental to, revenue obtained by the levy of
taxes.  The charges may vary by reason of the nature of the use or
the month in which the service is rendered to correspond to the cost
and the value of the service.  The charges may be determined by
apportioning the total cost, not otherwise offset by other available
revenue, of the extended service area to each parcel therein in
proportion to the estimated benefits from such service to be received
by each parcel.
   Any county which has fixed charges pursuant to this section may,
by ordinance, provide a procedure for, and collect such charges, on
the tax roll in the same manner and at the same time as its general
ad valorem property taxes are collected as provided herein, except
that the board of supervisors shall not impose a charge upon a
federal or state governmental agency or another local agency.  Any
such ordinance shall provide that:
   (a) Once a year the board of supervisors shall cause to be
prepared a written report which shall contain a description of each
parcel of real property receiving the particular extended service and
the amount of the charge for each parcel for such year computed in
conformity with the procedure set forth in the ordinance authorizing
collection of such charges on the tax roll. Such report shall be
filed with the clerk of the board of supervisors.
   (b) Upon the filing of such report, the clerk shall fix a time,
date, and place for hearing thereon and for filing objections or
protests thereto.  The clerk shall publish notice of such hearing as
provided in Section 6066, prior to the date set for hearing, in a
newspaper of general circulation printed and published in the county.

   (c) At the time, date, and place stated in the notice, the board
of supervisors shall hear and consider all objections or protests, if
any, to the report and may continue the hearing from time to time.
Upon conclusion of the hearing, the board of supervisors may adopt,
revise, change, reduce, or modify any charge and shall make its
determination upon each charge as described in the report and
thereafter, by resolution, shall confirm the report.
   (d) The charges set forth in the report, as confirmed, shall
appear as a separate item on the tax bill.  The charge shall 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 charge; except that, if for the first year
such charge is levied the real property to which such charge relates
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, the charge
confirmed pursuant to this section shall not result in a lien against
such real property but instead shall be transferred to the unsecured
roll for collection.
   (e) Whenever a railroad, gas, water, or electric utility
right-of-way or electric line right-of-way is included within such
service area, or zone thereof, the railroad, gas, water, or electric
utility right-of-way or electric line right-of-way shall be subject
to the charges authorized only if, and to the extent that, it is
found that it will benefit from the particular extended service, and
the railroad, gas, water, or electric utility right-of-way or
electric line right-of-way shall be subject to the same penalties,
and the same procedure and sale, in case of delinquency as other
properties in such service area or zone.  In determining whether or
not the railroad, gas, water, or electric utility right-of-way or
electric line right-of-way benefits from the extended service, its
use as a right-of-way for a railroad, gas, water, or electric utility
shall be presumed to be permanent.



25210.77b.  (a) A county may, pursuant to the notice, protest, and
hearing procedures in Section 53753, fix, on or before the first day
of July in each calendar year, a water or sewer standby or immediate
availability charge on all land within a county service area to which
water or sewers are made available for any purpose by the county
whether the water or sewers are actually used or not, except that the
charge shall not apply to lands permanently dedicated exclusively to
the public transportation of persons or property. The board of
supervisors of the county which fixes the water standby charge may
establish schedules varying the charges in different months and in
different localities within a county service area depending upon
factors such as the uses to which the land is put, the cost of
transporting the water to the land, the degree of availability or
quantity of use of the water to the affected lands. The board may
not, however, fix a charge in excess of thirty dollars () for each
acre of land, or thirty dollars () for each parcel of land of
less than one acre, for either water or sewer standby charges, 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).
   If a person for more than one year obtains substantially all of
his or her water requirements for the contiguous parcels of land
which he or she occupies from rainfall, springs, streams, lakes,
rivers, or wells, and if the person's primary economic activity on
the land is the commercial extraction or processing of minerals, the
land shall be exempt from any water standby or availability charges.

   (b) Notwithstanding any other provision of this article, San Luis
Obispo County may, pursuant to the notice, protest, and hearing
procedures in Section 53753, fix, on or before the first day of July
in each calendar year, a sewer standby or immediate availability
charge not to exceed sixty dollars () for each acre of land or for
each parcel of land of less than one acre, on all land within a
county service area to which sewers are made available for any
purpose by the county whether the sewers are actually used or not,
except that the charge shall not apply to lands permanently dedicated
exclusively to the public transportation of persons or property. The
Board of Supervisors of San Luis Obispo County in so fixing the
sewer standby charge may establish schedules varying the charges in
different months and in different localities within the county
service area depending upon factors such as the uses to which the
land is put, the cost of transporting the sewage from the land, and
the degree of the availability of sewage collection and treatment to
the affected lands.
   (c) If the procedures set forth in this section as it read at the
time a standby charge was established were followed, the county board
of supervisors may, by resolution, continue the charge pursuant to
this section 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.




25210.77c.  Any funds derived from the charges levied pursuant to
Section 25210.77b may be used by the county to pay the cost and
expenses of maintaining, operating, extending and repairing the
waterworks or sewers of a county service area and for the payment of
interest and principal due on bonds for the ensuing fiscal year.




25210.77d.  If any water or sewer standby charge remains unpaid on
the first day of the month before the month in which the board of
supervisors of the county in which the county service area 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 standby charge plus the penalty shall be added to the
annual tax levied upon the land for which the standby charge is
unpaid, and shall constitute a lien on that land.  The amount of tax
attributable to the levy, collection and enforcement of municipal ad
valorem taxes shall be applicable to the charges appearing on the tax
bill, except that if any real property to which the 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
the real property and the unpaid water or sewer standby charges,  and
any penalty thereon, relating to the property shall be transferred
to the unsecured roll for collection.
   On or before August 10, the county officer, designated by the
board of supervisors, shall furnish in writing to the board of
supervisors and to the county auditor, respectively, a description of
each and every parcel of land within the county service area upon
which a standby charge remains unpaid, together with the amount of
the unpaid charge, plus the penalty on each parcel of land.



25210.77e.  On or before the first day of July of each calendar
year, the board of supervisors of any county may, by resolution or
ordinance, establish a schedule of fees to be imposed on land within
a county service area, revenue from such fees to be used for the
acquisition, operation and maintenance of county waste disposal sites
and for financing waste collection, processing, reclamation, and
disposal services, where such services are provided.  In establishing
the schedule of fees, the board of supervisors shall classify the
land within the county service area based upon the various uses to
which the land is put, the volume of waste occurring from the
different land uses and any other factors that the board determines
would reasonably relate the waste disposal fee to the land upon which
it would be imposed.
   The board shall set a reasonable fee for each category established
and divide the land within the county service areas according to
categories and ownership; provided, however, that the board shall
establish a category of land for which no services are provided and
no fee required, and shall determine eligibility for inclusion in
such category, upon application, on a case-by-case basis.  The board
shall impose the appropriate fee upon each division of land and
provide for the billing and collection of such fees.  The fees may be
established, billed and collected on a monthly or yearly basis.



25210.77f.  Any fees authorized pursuant to Section 25210.77e 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, on or before August 10, 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.



25210.77g.  Chapter 9 (commencing with Section 860) of Title 10 of
Part 2 of the Code of Civil Procedure applies to any judicial action
or proceeding to validate, attack, review, set aside, void, or annul
an ordinance or resolution adopted pursuant to this article and
levying or fixing an assessment, charge, or fee or modifying or
amending an existing ordinance or resolution.
   If an ordinance or resolution provides for an automatic adjustment
in an assessment, charge, or fee, and the automatic adjustment
results in an increase in the amount of an assessment, charge, or
fee, any action or proceeding to attack, review, set aside, void, or
annul the increase shall be commenced within 60 days of the effective
date of the increase.
   Any appeal from a final judgment in the action or proceeding
brought pursuant to this section shall be filed within 30 days after
entry of the judgment.