Health and Safety Code
Part 74 of 87 · provisions 14,601–14,800
This section says the act is to be known as the Health and Safety Code.
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The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.
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- 4730.1. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. )
This section sets rules for how a county sanitation district’s board of directors may be formed and composed, and requires the district to reimburse county election costs in one specified case.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4730.1. (a) Notwithstanding the provisions of Section 4730, the resolution of intention to form the district and the order of formation of the district may provide that the governing body of the sanitation district shall be constituted in accordance with this subdivision or subdivision (b) or (c). (1) If the district includes no territory which is within a city, other sanitation district, or public agency, the county board of supervisors is the board of directors. (2) If the district includes territory which is within a city, other sanitation district, or public agency, the board of directors shall be composed of the presiding officer of the governing body of each city, other sanitation district, and public agency and the chairman of the county board of supervisors. If the chairman of the county board of supervisors and the presiding officer of the governing body of each city, sanitation district, and public agency constitute an even number, a member of the county board of supervisors appointed by the board of supervisors or, in the alternate as determined by the board of directors, a resident of the district elected by the registered voters of the district for a four-year term, shall be a member of the board of directors of the district. (3) The governing body of each county, city, sanitation district, and public agency having a representative on the board of directors may designate one of its members to act in the place of its regular member in his or her absence or his or her inability or refusal to act. (4) The governing body of any city, sanitation district, or other public agency may designate a member of the county board of supervisors to serve as its representative member on the board of directors of the district in the place of the presiding officer of its governing body; in that case, the supervisor shall have one vote for each city, sanitation district, and public agency represented by him or her. (b) (1) The board of directors may be composed of directors who are residents of the district elected by the registered voters of the district for four-year terms. (2) The number of directors on an elected board shall be determined, subject to the requirements of Section 4730 and subdivision (c), by the board of directors of the district, if any, in existence prior to the election. (c) (1) In the Arvin Sanitation District in Kern County only, if no board of directors is in existence prior to the election, the county board of supervisors shall determine, subject to the requirements of Section 4730 and subdivision (d), the number of directors on an elected board. (2) The district shall reimburse the county for any reasonable costs incurred by it for the conduct of elections required by this subdivision. (d) The governing body of a sanitation district is a board of directors composed of an odd number of not less than three members. (e) “Public agency” as used in this section means any sanitary district, public utility district, resort district, county water district, municipal water district, sewer maintenance district, or county maintenance district, engaged in the collection, transportation, treatment, or disposal of sewage or any other public agency empowered to, and engaged in, the collection, transportation, treatment, or disposal of sewage. (Amended by Stats. 1986, Ch. 982, Sec. 23.) - 4730.10. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. )
The district’s governing body must be organized under this article starting January 1, 1996, and a county board of supervisors member generally may not serve on it unless that would avoid an otherwise even number of members.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4730.10. (a) Notwithstanding Sections 4730, 4730.1, and 4730.2, or any other law, beginning on January 1, 1996, the governing body of the South San Luis Obispo County Sanitation District shall be constituted as set forth in this article, except that a member of the San Luis Obispo County Board of Supervisors may not serve as a member of the governing body unless, in the absence of that supervisor, there would otherwise be an even number of members of the governing body. (b) This section applies only to members appointed to the South San Luis Obispo County Sanitation District on or after January 1, 1996. (Amended by Stats. 1996, Ch. 308, Sec. 1. Effective July 29, 1996.) - 4730.12. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. )
This section renames the district and sets rules for its board makeup, city appointments, alternate members, and voting.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4730.12. (a) The Sacramento Regional County Sanitation District is hereby renamed the Sacramento Area Sewer District. (b) Notwithstanding any other provision of this article, the governing body of the Sacramento Area Sewer District shall be a board of directors composed of all of the following: (1) The Sacramento County Board of Supervisors. (2) A member or members of the governing body of each city included in the district, appointed by the governing body of each of those cities. (3) That member of the Yolo County Board of Supervisors whose supervisorial district includes all, or the greater portion of, the population of the City of West Sacramento. (c) The governing body of each city located within the district shall appoint a member or members to the board of directors based on that city’s population, as follows: City Population Number of Board Members 0 to 150,000 ........................ 1 150,001 to 250,000 ........................ 2 250,001 to 350,000 ........................ 3 350,001 to 450,000 ........................ 4 450,001 to 550,000 ........................ 5 550,001 to 650,000 ........................ 6 650,001 to 750,000 ........................ 7 750,001 and above ........................ 8 (d) For the purpose of determining the population of a city, the governing body of each city shall rely on the most recent decennial United States Census or the latest population estimate by the Department of Finance, whichever is more recent. (e) The governing body of each city located within the district may appoint one of its members to serve as an alternate to act in the absence, inability, or refusal to act, of each appointed member. The Yolo County Board of Supervisors may appoint one of its members to serve as an alternate to act in the absence, inability, or refusal to act, of its member. (f) (1) Each member or alternate member of the board of directors shall have one vote. (2) Notwithstanding paragraph (1), if the members of the board of directors constitute an even number and if the vote is tied, the chairperson of the board of directors shall have an additional vote. (Amended by Stats. 2023, Ch. 187, Sec. 8. (SB 882) Effective January 1, 2024. Became operative on January 1, 2024, pursuant to Sec. 9 of Stats. 2023, Ch. 187.) - 4730.2. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. )
A sanitation district may choose to be governed by a board of directors under Section 4730.1 if it follows the section’s procedures.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4730.2. A sanitation district heretofore or hereafter established may elect to be governed by a board of directors constituted as set forth in Section 4730.1 by complying with the provisions of this section. The board of directors of the district may adopt a resolution of intention to establish a governing body in accordance with Section 4730.1. The resolution shall contain: 1. A statement of intention to establish a board of directors composed of representatives as set forth in Section 4730.1 of the Health and Safety Code. 2. The time and place where objections to the proposal will be heard. The time fixed for hearing said objections shall be not less than 30 days after the adoption of the resolution. The resolution of intention shall be published at length twice in at least one newspaper of general circulation in the district. At the time provided in the resolution of intention for the hearing, or at any time to which the hearing is continued, the district board shall hear any objections to the proposal. At the conclusion of the hearing, the board of directors may order that the governing body of the district be constituted as set forth in Section 4730.1. A copy of said order shall be furnished to the board of supervisors and to the governing body of each city, sanitation district and public district to be represented on the new board of directors. (Added by Stats. 1961, Ch. 1745.) - 4730.4. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. )
This section lets the local agency formation commission increase board size in certain consolidations or reorganizations, lets the board of directors leave a vacancy unfilled in one situation, and requires later board-size reduction and notice to the board of supervisors.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4730.4. (a) Notwithstanding Sections 4730, 4730.1 and 4730.2, the local agency formation commission, in approving either a consolidation of districts or the reorganization of two or more districts into a single county sanitation district may, pursuant to subdivisions (k) and (n) of Section 56886 of the Government Code, increase the number of directors to serve on the board of directors of the consolidated or reorganized district to 7, 9, or 11, who shall be members of the board of directors of the districts to be consolidated or reorganized as of the effective date of the consolidation or reorganization. (b) Upon the expiration of the terms of the members of the board of directors of the consolidated district, or a district reorganized as described in subdivision (a), whose terms first expire following the effective date of the consolidation or reorganization, the total number of members on the board of directors shall be reduced until the number equals the number of members permitted by the principal act of the consolidated or reorganized district, or any larger number as may be specified by the local agency formation commission in approving the consolidation or reorganization. (c) In addition to the powers granted under Section 1780 of the Government Code, in the event of a vacancy on the board of directors of the consolidated district or a district reorganized as described in subdivision (a) at which time the total number of directors is greater than five, the board of directors may, by majority vote of the remaining members of the board, choose not to fill the vacancy. In that event, the total membership of the board of directors shall be reduced by one board member. Upon making the determination not to fill a vacancy, the board of directors shall notify the board of supervisors of its decision. (d) For the purposes of this section: “consolidation” means consolidation, as defined in Section 56030 of the Government Code; “district” or “special district” means district or special district, as defined in Section 56036 of the Government Code; and “reorganization” means reorganization, as defined in Section 56073 of the Government Code. (Amended by Stats. 2006, Ch. 172, Sec. 10. Effective January 1, 2007.) - 4730.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. )
This section sets out how the Monterey Regional County Sanitation District board is formed, how members are appointed, how voting works, and how district funds may be deposited.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4730.5. (a) Notwithstanding the provisions of Sections 4730, 4730.1, and 4730.2, or any other provision of law, the governing body of the Monterey Regional County Sanitation District shall be constituted in accordance with this section. The governing body of the Monterey Regional County Sanitation District shall be a board of directors composed of not less than three members. The district board shall be appointed as follows: When territory of the district is within a city or other sanitation district or public agency, as defined in Section 4730.1, the governing body of each such city, other sanitation district, and public agency shall appoint one member to represent such city, other sanitation district, or public agency. When territory of the district is within unincorporated territory which is not also included in such other sanitation district or public agency, the county board of supervisors shall appoint one member to represent such unincorporated territory. In the event that the selection of members pursuant to this subdivision results in the governing body having less than three members, the county board of supervisors shall appoint additional members for purposes of increasing the number of board members to three. The governing body of the county and each city, sanitation district, and public agency having a representative on the district board of directors may designate one alternate representative to act in the place of such body’s regular member in such person’s absence, inability to act, or refusal to act. The regular member and alternate member on the district board shall be either an elected official, officer, or employee of the county, city, other sanitation district, or public agency, and shall serve solely at the pleasure of the appointing county, city, other sanitation district, or public agency. All vacancies shall be filled in the same manner as the original appointment. (b) Notwithstanding any other provision of law, each member of the Board of Directors of the Monterey Regional County Sanitation District shall have one vote; provided, however, that upon the call and request of any board member, present and able to vote, a weighted voting formula shall apply for any vote to be taken by the district board, with each member having one or more votes based upon the population of the city, other sanitation district, public agency, or unincorporated territory such member represents, as follows: Population No. of Votes 0 to 9,999 ........................ 1 10,000 to 24,999 ........................ 2 25,000 to 49,999 ........................ 3 50,000 to 74,999 ........................ 4 75,000 to 99,999 ........................ 5 100,000 and above ........................ 6 For the purpose of determining the population of a city, other sanitation district, public agency, or unincorporated territory, the distict board shall consider the last official United States census or the California Finance Department population estimate, whichever is more recent for a particular area. In determining such population basis, those portions of the population of a city, other sanitation district, public agency, or unincorporated territory which are attributable to and located on the U.S. Army Military Reservation at Fort Ord, California, shall not be included within the population computation of such city, other sanitation district, public agency, or unincorporated territory. No vote may be taken at any meeting of the Monterey Regional County Sanitation District unless a quorum of the members of such district board is in attendance. A quorum for purposes of this subdivision is a majority of all district board members. (c) The governing board of the Monterey Regional County Sanitation District may designate any depository or depositories for the custody of any or all revenue collected or received for operation and maintenance purposes pursuant to Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. All other district revenue, including any moneys collected or received for the payment of principal and interest upon district bonds or any moneys designated for capital outlay expenditure, shall be paid into the treasury of the county to the credit of the district. A depository shall give security sufficient to secure the district against possible loss and shall pay the warrants drawn by the district for demands against the district under such rules as the governing board may prescribe. (Added by Stats. 1979, Ch. 35.) - 4730.6. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. )
This section sets how the Ventura Regional Sanitation District board is appointed and how its board meetings and voting work.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4730.6. (a) Notwithstanding Sections 4730, 4730.1, and 4730.2 or any other provision of law, the governing board of the Ventura Regional Sanitation District shall be a board of directors appointed in accordance with this section. Unless the context otherwise indicates, as used in this section, “district” means the Ventura Regional Sanitation District. (b) The legislative body of each city located wholly or partially within the district’s boundaries shall designate one of its members to be a member of the district’s board of directors. Each legislative body may designate one of its members as an alternate to act in the place of its regular member in the case of the absence or disqualification of the regular member. An alternate member shall have the full voting rights of the regular member. (c) The special district committee, which shall consist of the presiding officers of all special districts that have a governing board separately elected, in whole or in part, from any board of supervisors or city council, and would be entitled to representation on the Ventura Regional Sanitation District Board of Directors under Section 4730.1, if that section were applicable to the Ventura Regional Sanitation District, shall designate one separately elected member of a board of directors of a special district represented on the committee to be a member of the district’s board of directors. The special district committee may designate one separately elected member as an alternate to act in the place of the regular member in the case of the absence or disqualification of the regular member. An alternate member shall have the full voting rights of the regular member. (d) Each member of the district’s board of directors shall have one vote. (e) No action shall be taken at any meeting of the district’s board of directors unless a majority of all authorized members of the board of directors is in attendance. (f) A majority of the members of the board of directors present shall be required to approve or otherwise act on any matter except as otherwise required by law. (Amended by Stats. 1999, Ch. 550, Sec. 26. Effective September 28, 1999. Operative January 1, 2000, by Sec. 33 of Ch. 550.) - 4730.65. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. )
This section sets the Orange County Sanitation District’s board makeup and voting rules, and allows certain member agencies to name substitutes when a regular member is absent or unable to act.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4730.65. (a) Notwithstanding Sections 4730, 4730.1, and 4730.2, or any other law, the governing body of the Orange County Sanitation District shall be a board of directors composed of all of the following: (1) One member of the city council of each city located wholly or partially within the district’s boundaries, except the City of Yorba Linda, provided, however, a city within the Orange County Sanitation District, the sewered portion of which city lies entirely within another sanitary district, shall have no representation on the board. (2) One member of the county board of supervisors. (3) One member of the governing body of each sanitary district, the whole or part of which is included in the Orange County Sanitation District. (4) One member of the governing body of a public agency empowered to and engaged in the collection, transportation, treatment, or disposal of sewage and that was a member agency of a sanitation district consolidated into the Orange County Sanitation District. (5) One member of the governing body of the Yorba Linda Water District. (b) The governing body of the county and each city, sanitary district, and public agency that is a member agency having a representative on the board of directors of the Orange County Sanitation District, may designate one of its members to act in the place of its regular member in his or her absence or his or her inability to act. (c) An action shall not be taken at any meeting of the Orange County Sanitation District’s board of directors unless a majority of all authorized members of the board of directors is in attendance. (d) A majority of the members of the board of directors present is required to approve or otherwise act on any matter except as otherwise required by law. (Amended by Stats. 2015, Ch. 303, Sec. 298. (AB 731) Effective January 1, 2016.) - 4730.66. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. )
The district may build, run, maintain, and supply facilities for urban runoff diversion, treatment, return, and beneficial use, and may use other district powers when needed for those purposes.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4730.66. (a) This section applies only to the consolidated sanitation district in Orange County described in Section 4730.65. The powers granted in this section supplement the existing powers of the district. (b) The district may acquire, construct, operate, maintain, and furnish facilities for all or any of the following purposes: (1) The diversion of urban runoff from drainage courses within the district. (2) The treatment of the urban runoff. (3) The return of the water to the drainage courses. (4) The beneficial use of the water. (c) In order to carry out the powers and purposes granted under this section, the district may exercise any of the powers otherwise granted to a district by this chapter to the extent those powers may be made applicable. (d) Nothing in this section affects any obligation of the district to obtain a permit that may be required by law for the activities undertaken pursuant to this section. (Added by Stats. 2002, Ch. 79, Sec. 1. Effective June 30, 2002.) - 4730.68. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. )
This section gives certain Los Angeles County sanitation districts power to handle stormwater and dry-weather runoff projects, but requires consultation with specified water authorities before starting some projects.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4730.68. (a) This section applies only to county sanitation district numbers 1, 2, 3, 4, 5, 8, 9, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 27, 28, 29, and 34 of Los Angeles County, Newhall Ranch Sanitation District of Los Angeles County, South Bay Cities Sanitation District of Los Angeles County, and Santa Clarita Valley Sanitation District of Los Angeles County. The powers granted in this section supplement the existing powers of each district. (b) A district may acquire, construct, operate, maintain, and furnish facilities for any of the following purposes: (1) The diversion of stormwater and dry weather runoff from the stormwater drainage system within the district. (2) The management and treatment of the stormwater and dry weather runoff. (3) The discharge of the water to the stormwater drainage system or receiving waters. (4) The beneficial use of the water. (c) In order to carry out the powers and purposes granted under this section, the district may exercise any of the powers otherwise granted to a district by this chapter to the extent those powers may be made applicable. (d) (1) Prior to initiating a stormwater or dry weather runoff program or project within the boundaries of an adjudicated groundwater basin, a district shall consult with the relevant watermaster for a preliminary determination as to whether the project is inconsistent with the adjudication. If the watermaster deems the project to be inconsistent with the adjudication, the watermaster shall recommend, in writing, the measures that are necessary in order to conform the project to the adjudication. (2) Prior to initiating a stormwater or dry weather runoff project within the service area of a water replenishment district, a district shall consult with the water replenishment district for the purpose of avoiding potential conflicts with water replenishment activities. (3) Prior to initiating a stormwater or dry weather runoff project, a district shall consult with the Los Angeles County Flood Control District for the purpose of avoiding potential conflicts with flood protection and water conservation activities. (e) This section does not affect any obligation of a district to obtain a permit that may be required by law for the activities undertaken pursuant to this section. (f) For purposes of this section, “stormwater” and “dry weather runoff” have the same meaning as in Section 10561.5 of the Water Code. (g) Nothing in this section shall be construed to require any local agency to participate, financially or otherwise, in a project pursued under the authority granted by this section. (h) Nothing in this section shall be construed to alter or interfere with any of the following: (1) Existing water rights to water from any source, including any adjudicated rights allocated by a court judgment or order, including any physical solution, rights issued by the state or a state agency, and rights acquired pursuant to any federal or state statute. (2) Existing water rights law. (3) Any rights, remedies, or obligations that may exist pursuant to Article 1 (commencing with Section 1200) or Article 1.5 (commencing with Section 1210) of Chapter 1 of Part 2 of Division 2 of the Water Code, Chapter 10 (commencing with Section 1700) of Part 2 of Division 2 of the Water Code, or Chapter 8.5 (commencing with Section 1501) of Part 1 of Division 1 of the Public Utilities Code. (Added by Stats. 2015, Ch. 678, Sec. 2. (SB 485) Effective January 1, 2016.) - 4730.7. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. )
The district’s governing board may designate depositories for operation and maintenance revenues, and designated depositories must invest deposited funds in insured accounts.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4730.7. The governing board of the Delta Diablo Sanitation District may designate any depository or depositories pursuant to Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code for the custody of any or all revenue collected or received for operation and maintenance purposes. All moneys deposited with a designated depository or depositories shall be invested in checking accounts, savings accounts, certificates of deposit, or other insured accounts. All other district revenue, including any moneys collected or received for the payment of principal and interest on district bonds, other indebtedness, or certificates of participation, and any moneys designated for capital outlay expenditure shall be paid into the county treasury to the credit of the district. Every designated depository shall give security sufficient to secure the district against possible loss and shall pay the warrants or checks drawn by the district for demands against the district under any rules as the governing board may prescribe. (Added by Stats. 1989, Ch. 789, Sec. 17.) - 4730.8. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. )
For certain Riverside County sanitation districts, the governing board must be the county board of supervisors, and the district may include certain existing sanitary district territory and may handle solid waste under the same authority as the county.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4730.8. (a) Notwithstanding Sections 4730, 4730.1, and 4730.2, or any other provision of law, the governing board of a sanitation district in the County of Riverside that includes no territory within a city shall be the county board of supervisors. (b) The sanitation district may include all or a part of the territory of one or more previously existing sanitary districts that lie within the unincorporated territory of the county. (c) If the sanitation district includes any part of a sanitary district, the sanitation district shall not perform any of the functions of the sanitary district within the boundaries of the sanitary district if the sanitary district has performed that function within the 10 years immediately preceding January 1, 1994. (d) The sanitation district may handle, treat, and manage solid waste, as defined pursuant to the California Integrated Waste Management Act of 1989 (Division 30 (commencing with Section 40000) of the Public Resources Code), in the same manner as the County of Riverside is authorized pursuant to that act. (Amended by Stats. 2006, Ch. 538, Sec. 367. Effective January 1, 2007.) - 4730.9. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. )
The Napa Sanitation District’s governing board must be a board of directors and must also include two public members: one appointed by the Napa City Council and one appointed by the Napa County Board of Supervisors.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4730.9. The governing board of the Napa Sanitation District shall be a board of directors constituted in accordance with this article, except that the board shall additionally include both of the following: (a) One public member appointed by the Napa City Council. (b) One public member appointed by the Napa County Board of Supervisors. (Added by Stats. 1995, Ch. 430, Sec. 1. Effective January 1, 1996.) - 4731. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. )
If territory is annexed or otherwise changes in character, and that makes a board membership change necessary, the district board membership changes immediately.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4731. If additional territory is annexed to the district as well as whenever any change takes place in the character of the territory, by the incorporation of a city or otherwise, resulting in a condition which makes it necessary for a change to be made in the membership of the district board, the change in the membership of the district board takes place and becomes effective immediately. (Enacted by Stats. 1939, Ch. 60.) - 4732. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. )
The county auditor of the county where the district is formed serves as the district’s auditor.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4732. The county auditor of the county in which the district is formed is ex officio the auditor of the district. (Enacted by Stats. 1939, Ch. 60.) - 4733. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. )
The district board may set member compensation, but it generally cannot exceed $100 per meeting or per day of service, with a maximum of six days per month unless increased by ordinance.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4733. (a) The district board may fix the amount of compensation per meeting to be paid each member of the board for services for each meeting attended by the member. Subject to subdivision (b), the compensation shall not exceed one hundred dollars ($100) for each meeting of the district board attended by the member or for each day’s service rendered as a member by request of the board, not exceeding a total of six days in any calendar month, together with any expenses incident thereto. (b) The district board, by ordinance adopted pursuant to Chapter 2 (commencing with Section 20200) of Division 10 of the Water Code, may increase the compensation received by the district board members above the amount of one hundred dollars ($100) per day. (c) For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. (d) Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. (Amended by Stats. 2005, Ch. 700, Sec. 10. Effective January 1, 2006.) - 4733.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. )
Certain county sanitation districts may jointly limit director pay for jointly held meetings, but only by joint resolution approved by each district and within stated dollar caps.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4733.5. Where two or more county sanitation districts have joined in the purchase, ownership, use, construction, maintenance, or operation of a sewerage system, or sewage disposal or treatment plant, or refuse transfer or disposal system, or both, either within or without the districts, or have so joined for any combination of these purposes, as provided in Section 4742, and the districts hold their meetings jointly, and one or more of the directors serve as a director on more than one of these districts meeting jointly, the districts may, by joint resolution approved by each district, limit the compensation of a director to compensation equal to not more than fifty dollars ($50) for each jointly held meeting attended by him or her, not to exceed one hundred dollars ($100) in any one month for attendance at jointly held meetings. For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. (Amended by Stats. 2005, Ch. 700, Sec. 11. Effective January 1, 2006.) - 4734. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. )
A participating county sanitation district may pay the joint chairman the same compensation as one of its directors.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4734. Where two or more county sanitation districts have joined in the purchase, ownership, use, construction, maintenance, or operation of a sewerage system or sewage disposal or treatment plant or a refuse transfer or disposal system, or both, either within or without the districts, or have so joined for any combination of these purposes, as provided in Section 4742, and the districts hold their meetings jointly and such meetings are presided over by a director of one of the districts acting as joint chairman for and on behalf of the joint organization, each district so participating may pay the joint chairman the same compensation as a director of such district is paid. (Added by Stats. 1963, Ch. 405.) - 4735. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. )
If a city’s withdrawal leaves fewer than three members on the district board, the vacancy must be filled under the chapter’s rules for changes in district board membership.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4735. If the withdrawal of the city results in less than three members remaining on the district board, the vacancy shall be filled in accordance with the provisions of this chapter for changes in the membership of the district board. (Added by renumbering Section 4845.11 by Stats. 1965, Ch. 2043.) - 4738. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A county sanitation district may sue and be sued in its own name.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4738. A county sanitation district may sue and be sued by its own name. (Added by Stats. 1951, Ch. 1000.) - 4739. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A county sanitation district may hire sanitation experts, surveyors, counsel, and other needed persons to carry out its powers.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4739. A county sanitation district may employ such sanitation experts, surveyors, counsel, and other persons as are needed to carry into effect any powers of the district. (Enacted by Stats. 1939, Ch. 60.) - 4739.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The board may change the district’s name by resolution, and the change takes effect when a certified copy is recorded with the county recorder.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4739.5. By resolution, the board may change the name of the district. The change of name shall be effective upon recording a certified copy in the office of the county recorder of the county or counties in which the district is situated. (Amended by Stats. 1998, Ch. 829, Sec. 37. Effective January 1, 1999.) - 4740. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The district may acquire, own, control, manage, and dispose of property needed or convenient for sewerage and sewage disposal or treatment systems, or refuse transfer or disposal systems.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4740. The district may acquire by gift, purchase, condemnation, or otherwise, in the name of the district, and own, control, manage, and dispose of any interest in real or personal property necessary or convenient for the construction, maintenance, and operation of a sewerage system and sewage disposal or treatment plant, or a refuse transfer or disposal system, or both. As used in this article “refuse” shall include all of the following: (a) animal, fruit and vegetable refuse; (b) offal; (c) leaves and cuttings, trimmings from trees, shrubs and grass; (d) inorganic refuse and rubbish; (e) garbage; (f) anything thrown away as worthless. (Amended by Stats. 1957, Ch. 168.) - 4741. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A district may build and operate sewage and refuse facilities, but some projects need local consent and may trigger a hearing or election.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4741. A district may acquire, construct, and complete within or without the district, sewage collection, treatment and disposal works, including sewage treatment plants, outfalls, intercepting, collecting and lateral sewers, pipes, pumps, machinery, easements, rights-of-way, and other works, property or structures necessary or convenient for sewage collection, treatment, and disposal. No sewerage system shall be constructed, maintained, or operated in any city not in the district except by consent granted by an affirmative vote by a majority of the full membership of the governing body of the city; provided, however, that the district may construct, operate, and maintain intercepting, trunk and outfall sewerlines, other than ocean outfall lines and other terminal outfall lines, together with pumps and like machinery necessary for sewage transportation, in a city pursuant to Section 4759.1. For the purposes of this section, the term “terminal outfall lines” means any outfall sewerlines that discharge within the city any effluent from a sewer treatment plant or any sewage. It may also acquire lands and acquire and construct refuse transfer or disposal facilities, or both, within or without the district, and it may maintain and operate within the district boundaries a system for transfer or disposal of refuse, or both; provided, however, that the system shall not include “refuse collection” which is defined as the house-to-house pickup of refuse or any part thereof. A district shall not acquire land for, or establish and operate, a refuse transfer or disposal facility within either a city or the unincorporated area of a county until the city council, if the facility is proposed to be located in the city, or the board of supervisors of the county, if it is proposed to be located in the unincorporated area of the county, has by resolution, consented to the use of the proposed site for that purpose. If 90 percent or more of the total area of the district is unincorporated territory and the land proposed to be acquired for a refuse transfer or disposal facility is located in the unincorporated territory of the county, the board of supervisors, before adopting any resolution consenting to the use of land for that purpose, shall hold a public hearing upon the question of the adoption of the resolution. Notice of the hearing shall be given by publication in the area pursuant to Section 6066 of the Government Code, not more than 30 nor less than 10 days prior to the hearing. If at any time before the hearing, there is filed with the board of supervisors a written objection to the use of the proposed site for a refuse transfer or disposal facility, signed by 2 percent or more of the registered voters of the district, the board shall submit the matter of the proposed use to the voters of the district at an election. The proposition shall be submitted to the voters in the manner and under the procedure prescribed in Article 5 (commencing with Section 4780) of Chapter 3 of this part for submission of the proposition of incurring a bonded indebtedness. If a majority of the votes cast in an election are in favor of the proposed use, the board shall adopt the resolution consenting thereto, but if a majority of the votes cast are against the proposed use, the board shall dismiss the proceedings, and no resolution consenting to the use of any of such land shall be adopted by the board for at least one year from the date of the election. (Added by Stats. 1986, Ch. 195, Sec. 37.) - 4741.1. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
If a district board wants to build or run a refuse transfer or disposal system, it must adopt a resolution of intention and send certified copies to affected political subdivisions within 10 days.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4741.1. A district board desiring to construct, maintain and operate a refuse transfer or disposal system, or both, within or without the district in addition to its sewage collection, treatment and disposal system shall adopt a resolution of its intention to do so. The resolution shall contain the following: (a) A statement of the intention to construct, maintain and operate a refuse transfer or disposal system, or both; (b) A statement that in the absence of any exclusion as provided in Section 4741.2, the boundaries of the proposed refuse transfer or disposal system, or both, shall coincide with the existing district boundaries; (c) The name of the county sanitation district proposing to construct, maintain and operate said system; (d) Instructions to the secretary of the district board to deliver within 10 days after the passage of said resolution of intention a certified copy thereof to the governing body of each political subdivision having representation on said district board; (e) A statement that any political subdivision having representation on the district board may be excluded from said system and relieved of all liability in connection therewith upon complying with the provisions of Section 4741.2. (Repealed and added by Stats. 1957, Ch. 168.) - 4741.2. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A political subdivision’s area inside the district must be excluded from the proposed refuse transfer or disposal system if its governing body submits a certified resolution requesting exclusion within 90 days.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4741.2. That portion of a political subdivision lying within a district and having representation on the district board of directors, shall be excluded from the proposed refuse transfer or disposal system, or both, and shall not be liable for any cost incurred by said district in acquiring, constructing, operating and maintaining such system; provided, that the governing body of said political subdivision within 90 days after passage of the resolution of intention by the district to form such system, delivers to said district a certified copy of its resolution requesting exclusion from the proposed refuse transfer or disposal system, or both. (Repealed and added by Stats. 1957, Ch. 168.) - 4741.3. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
After at least 90 days, the district board may form the refuse transfer or disposal system, rescind the plan, or dissolve the district’s existing refuse collection and disposal system if it adopts a resolution forming the new system.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4741.3. At the expiration of not less than 90 days after adoption of the resolution of intention to construct, maintain and operate a refuse transfer or disposal system, or both, the district board may, in its discretion, adopt a resolution declaring the system formed or may rescind its resolution of intention to form said system and declare all prior proceedings in connection therewith void. Any existing refuse collection and disposal system of a district shall be dissolved without further action by the board upon the adoption by the same district board of a resolution declaring a refuse transfer or disposal system, or both, formed. (Repealed and added by Stats. 1957, Ch. 168.) - 4741.4. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A county sanitation district’s board must be the same for all district purposes, and a director cannot be excluded just because the political subdivision they represent opted out of the refuse transfer or disposal system.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4741.4. The board of directors of a county sanitation district shall be the same for all district purposes, activities, and objectives, whether for collection, treatment and disposal of sewage or the acquisition and operation of a refuse transfer or disposal system, or both, and no director shall be excluded from the board of directors because the political subdivision which he represents on the board has excluded itself from the said refuse transfer or disposal system, or both. (Repealed and added by Stats. 1957, Ch. 168.) - 4741.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
If a district establishes a refuse transfer or disposal system, it must provide a statement and map or plat to the relevant assessors and the State Board of Equalization.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4741.5. When a refuse transfer or disposal system, or both, is established by a district pursuant to the provisions of this article, the district shall comply with the provisions of Sections 54900 to 54903, inclusive, of the Government Code, by furnishing a statement and map or plat to each assessor whose roll is used for the levy as provided in Section 4815 of this code and to the State Board of Equalization, showing the boundaries of said refuse transfer or disposal system or both. (Repealed and added by Stats. 1957, Ch. 168.) - 4741.6. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A district meeting the stated formation/disclosure condition is not subject to Sections 4741.1 through 4741.5, and districts are not precluded from using their sewerage system to dispose of ground garbage or similar acceptable material made into slurry.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4741.6. The provisions of Sections 4741.1 through 4741.5 shall not apply to any district whose resolution of intention pursuant to Section 4710 discloses that the district was formed for the purposes of constructing, maintaining and operating both sewage collection and disposal systems and refuse collection and disposal systems. Also nothing contained in this chapter shall be construed to preclude any district from using its sewerage system to dispose of ground garbage or other acceptable material which is ground into the form of slurry. (Added by Stats. 1953, Ch. 1495.) - 4741.7. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A district may charge fees for its refuse transfer or disposal system only under Section 5471, and collected revenues generally cannot be used for system acquisition, construction, maintenance, or operation unless a listed exception applies.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4741.7. Notwithstanding any of the provisions of this chapter, or of Article 4 (commencing with Section 5470) to the contrary, a district may fix and collect a fee or charge in connection with its refuse transfer or disposal system only pursuant to the provisions of Section 5471, and for these purposes “sanitation or sewerage system” includes a refuse transfer or disposal system. Any entity which collects such a fee or charge for a district pursuant to the provisions of Section 5471 may deduct the administrative costs of these collections from the revenue produced from such fee or charge. The revenues of these charges shall not be used for acquisition, construction, maintenance, or operation of any refuse transfer or disposal system, whether by the district, jointly, by contract, or otherwise, unless the system is either a facility for the conversion of solid waste into energy, synthetic fuels, or reusable materials or is open for use by all persons in the district. For the purposes of this section, “person” includes an individual, company, public or private corporation, or public entity. (Amended by Stats. 1982, Ch. 1158, Sec. 7.) - 4742. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A county sanitation district may work with other districts, cities, or governmental agencies on sewerage, sewage treatment, and refuse transfer or disposal systems.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4742. It may join with any other district, city or other governmental agency in the purchase, ownership, use, construction, maintenance, or operation of a sewerage system or sewage disposal or treatment plant, or a refuse transfer or disposal system, or both, either within or without the district, or so join for any combination of these purposes, but no sewage disposal or treatment plan shall be constructed or maintained in any city not in the district, except by consent granted by the unanimous vote of the governing body of the city. (Amended by Stats. 1957, Ch. 168.) - 4742.1. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A district may make contracts for handling, treating, or disposing of refuse, sewage, or industrial wastes, but the contract term cannot exceed 50 years.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4742.1. It may contract with any district, city, governmental agency, or person, for the handling, treatment or disposal by the district of refuse, sewage, or industrial wastes originating within the district or county or within areas outside of the district or county when, in the judgment of the district board, it is for the best interest of the district to do so, upon such terms and conditions as may be agreed upon; provided, that the contract shall be for such term as agreed upon, but in no event for a term in excess of 50 years, or for such time as in the judgment of the district board the district shall have the capacity for handling, treatment or disposal of such refuse, sewage, or industrial wastes. (Amended by Stats. 1959, Ch. 1303.) - 4742.3. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The district board may contract to reimburse someone who installs sewers or similar facilities, and the contract may allow the district to charge users a reasonable fee or charge.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4742.3. Whenever a person installs sewers or other facilities for sewers and the district board determines that it is necessary that such sewers or other facilities be constructed so that they can be or will be used for the benefit of property other than that of the person making the installation and such sewers or other facilities are dedicated to the public or become the property of the district, the district board may by contract agree to reimburse such person for such sewers or other facilities. Such contract may provide that the district may collect from any person using such sewer or other facility for the benefit of property not owned by the person making the installation a reasonable fee or charge. (Added by Stats. 1961, Ch. 1380.) - 4742.4. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A county sanitation district and a county may make a contract to share the costs of moving, repairing, removing, or relocating facilities on each other’s roads or property.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4742.4. Any county sanitation district and any county may enter into a contract agreeing to pay and apportion between them the costs of locating, removing, repairing, or relocating any facilities owned or to be owned by either party on the roads or other property of the other in such proportion and upon such terms as the governing boards of the parties shall determine to be equitable. (Added by Stats. 1967, Ch. 164.) - 4742.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The district may provide street-cleaning and streetsweeping services, and may contract with others to operate those services within the district’s roads and streets.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4742.5. It may make provision for street-cleaning and streetsweeping services upon the roads and streets within the boundaries of the district. It may contract with any district, city, governmental agency or person for the operation of a street-cleaning and streetsweeping service upon the roads and streets within the boundaries of the district, when, in the judgment of the district board, it is for the best interest of the district to do so, upon such terms and conditions as may be agreed upon. (Added by Stats. 1967, Ch. 780.) - 4743. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The district may sell, lease, or otherwise dispose of its property or interests in property when the property is no longer needed, or when the use will not interfere with district use.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4743. It may sell, lease, or otherwise dispose of any property of the district or any interest therein whenever it is no longer required for the purposes of the district, or when its use may be permitted without interfering with its use by the district. (Enacted by Stats. 1939, Ch. 60.) - 4744. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A county sanitation district may sell or dispose of certain by-products from sewerage and treatment operations, and may build, maintain, and operate the pipes and works needed to do that.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4744. It may sell, or otherwise dispose of, any water, sewage effluent, fertilizer, or other by-product resulting from the operation of a sewerage system, sewage disposal plant, refuse disposal plant or process, or treatment plant, and construct, maintain, and operate such pipe lines and other works as may be necessary for that purpose. (Amended by Stats. 1949, Ch. 721.) - 4745. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A county sanitation district may build, maintain, and operate pipe lines or other works needed to reuse recovered water or sewage effluent.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4745. It may construct, maintain, and operate such pipe lines or other works as may be necessary to conserve and put to beneficial use any water or sewage effluent recovered from the operation of the sewerage system, plant, or works, by sale or disposition for agricultural or industrial purposes, or by discharging or spreading the water or sewage effluent in such a manner as to percolate into the underground gravels and replenish the natural water resources. (Enacted by Stats. 1939, Ch. 60.) - 4746. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The provision allows the subject to issue bonds.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4746. It may issue bonds. (Enacted by Stats. 1939, Ch. 60.) - 4746.1. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A district may issue negotiable promissory notes for current maintenance and operating expenses without an election, subject to debt, interest, maturity, approval, signing, tax, and bidding rules.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4746.1. If funds are needed to meet current expenses of maintenance and operation, a district may incur indebtedness by the issuance of negotiable promissory notes pursuant to this section, without an election. The notes shall be general obligations of the district payable in the same manner as bonds of the district, shall mature not later than two years from the date thereof, and shall bear interest at a rate not to exceed 7 percent per annum, payable as provided therein. The aggregate amount of the notes outstanding at any one time shall not exceed an amount equal to seven cents ($0.07) on each one hundred dollars ($100) of the assessed valuation of the taxable real property within the district as shown on the last equalized assessment roll of the county. If such assessed valuation is not obtainable, the county auditor’s estimate of the assessed valuation of the taxable real property within the district for the fiscal year in which the indebtedness is to be incurred shall be used. All such notes shall be issued after the adoption of a resolution by a four-fifths vote of the district board setting forth the following: (a) The necessity for such borrowing. (b) The assessed valuation of the taxable real property within the district, or the auditor’s estimate thereof. (c) The amount of funds to be borrowed. (d) The date, maturity, denomination, and form of such notes. The notes shall be signed by the chairman of the district board and countersigned by the county treasurer and the seal of the district board shall be affixed. The district board shall cause the board of supervisors to levy and collect taxes to pay the interest on and the principal of the notes as the same comes due and, if the maturity of the notes begins more than one year after the date thereof, to constitute a sinking fund for the payment of the principal thereof at maturity. Before selling such notes, the district board shall give notice inviting sealed bids in such manner as the board may prescribe. If satisfactory bids are received, the notes offered for sale shall be awarded to the highest responsible bidder. If no bids are received, or if the district board determines that the bids received are not satisfactory as to price or responsibility of the bidders, the district board may reject all bids received, if any, and either readvertise or sell the notes at private sale. (Amended by Stats. 1972, Ch. 1384.) - 4746.2. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A district may borrow county funds for disaster-related maintenance and repair if its board adopts a resolution, but borrowing cannot exceed 85% of anticipated revenue.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4746.2. (a) If the district board determines by resolution that funds are needed to meet current expenses of maintenance and repair of damage caused by disaster, a district may borrow and repay county funds not to exceed 85 percent of the district’s anticipated revenue for the fiscal year in which they are borrowed or for the next ensuing fiscal year. In levying taxes as authorized by this article the district may raise sufficient revenues to repay such loans. (b) The district may also borrow funds from another sanitation district and may lend available district funds to another sanitation district, subject to the same terms and conditions as apply to loans of county funds. (c) At no time shall a district borrow funds pursuant to this section in an amount exceeding 85 percent of the district’s anticipated revenue for the fiscal year in which the funds are borrowed or for the next ensuing fiscal year. (d) As used in this section, “disaster” includes any fire, earthquake, landslide, mudslide, flood, or tidal wave. (Added by Stats. 1969, Ch. 419.) - 4746.3. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
If a sanitation district borrows funds under Section 4746.2, the funds must immediately increase the district’s appropriations, and repayment cannot be deferred more than 10 calendar years.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4746.3. Notwithstanding any other provisions of law, the funds, when borrowed by a sanitation district pursuant to Section 4746.2, shall forthwith increase the appropriations of the district for which they are needed. The board of supervisors may specify the date and manner in which the funds shall be repaid. In no case shall repayment of the loan be deferred longer than 10 calendar years. (Added by Stats. 1969, Ch. 419.) - 4746.4. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The district must pay interest to the county on money borrowed under Section 4746.2, using the same rate the county applies to district funds on deposit with the county.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4746.4. The district shall pay interest to the county on all funds borrowed pursuant to Section 4746.2 at the same rate that the county applies to funds of the district on deposit with the county. (Added by Stats. 1969, Ch. 419.) - 4747. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The district may levy and collect taxes on taxable real property in the district to pay bond obligations, maintain district works, and cover other expenses tied to district powers.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4747. It may cause to be levied and collected taxes upon all the taxable real property in the district sufficient to meet the obligations evidenced by its bonds, to maintain the works of the district, and to defray all other expenses incidental to the exercise of the district powers. (Enacted by Stats. 1939, Ch. 60.) - 4748. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The district board must hire one or more sanitation engineers by resolution and have them survey the district’s sanitation problems.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4748. The district board shall, by resolution, employ one or more sanitation engineers to make a survey of the problems of the district concerning sanitation especially with reference to the matters of sewage collection, treatment, and disposal, and refuse transfer or disposal, or both, the resolution shall direct the engineer or engineers to prepare and file with the district board of the district a report setting forth: (a) A general description of existing facilities for sewage collection, treatment, and disposal, or a general description of existing facilities for refuse transfer or disposal, or both. (b) A general description of the work proposed to be done to carry out the objects of the district. (c) A general plan and general specifications of the work. (d) A general description of the property proposed to be acquired or damaged in carrying out the work. (e) A map showing the boundaries of the district and in general the location of the work proposed to be done, property taken or damaged, and any other information useful to an understanding of the proposed work. (f) An estimate of the cost of the proposed work. (Amended by Stats. 1957, Ch. 168.) - 4749. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The engineer or engineers may hire surveyors and other necessary help to prepare the report, subject to the district board’s direction. The district board may remove employed engineers or other workers at any time and fill vacancies.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4749. The engineer or engineers may, subject to the direction of the district board, employ such surveyors and others as may be necessary to prepare the report. The district board at any time may remove any or all engineers or other persons employed, and may fill all vacancies. (Enacted by Stats. 1939, Ch. 60.) - 475. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 3. OFFICE OF BINATIONAL BORDER HEALTH [475- 475.] ( Part 3 added by Stats. 1999, Ch. 765, Sec. 2. )
The State Department of Health Services must create and oversee a permanent Office of Binational Border Health, and the office must organize an advisory group and issue an annual border health report.
## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 3. OFFICE OF BINATIONAL BORDER HEALTH [475- 475.] ( Part 3 added by Stats. 1999, Ch. 765, Sec. 2. ) ## 475. (a) (1) The State Department of Health Services shall establish a permanent Office of Binational Border Health to facilitate cooperation between health officials and health professionals in California and Mexico, to reduce the risk of disease in the California border region, and in those areas directly affected by border health conditions. (2) The department shall administer the office, and shall seek available public or private funding, or both, to support the activities of the office. (b) The Office of Binational Border Health shall convene a voluntary community advisory group of representatives of border community-based stakeholders to develop a strategic plan with short-term, intermediate, and long-range goals and implementation actions. The advisory group shall include no more than 12 California representatives. The advisory group shall include, but not be limited to, members from local government, hospitals, health plans, community-based organizations, universities, Los Angeles, San Diego, and Imperial County health departments, and a representative from an association of local health officers specializing in border health issues. The office shall invite and request appropriate participation from representatives of the Baja California health department and other Mexican health departments affected by border health issues. Recommendations resulting from the strategic plan shall be developed and shared in consultation with the California appointees to the United States-Mexico Border Health Commission established pursuant to Section 290n of Title 22 of the United States Code, including the Director of Health Services. The office shall prepare an annual border health status report, and shall submit it to the Director of Health Services, the Legislature, and the Governor. (Added by Stats. 1999, Ch. 765, Sec. 2. Effective January 1, 2000.) - 4750. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
When the engineers’ report is filed, the district board must examine it. The board may reject it and require a new report, or direct changes. If the report complies with the chapter and is satisfactory, the board must set a time and place to hear objections.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4750. When the engineers’ report is filed the district board shall examine it and may thereupon (a) reject it and direct that a new report be prepared; (b) direct that changes be made in it; or (c) if it complies with the provisions of this chapter and is satisfactory to the board it shall fix a time and place for hearing objections to the report and to doing all or any part of the work referred to in the report. (Enacted by Stats. 1939, Ch. 60.) - 4751. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The district board must publish notice of the hearing in a circulated newspaper and then hear all objections at the scheduled or continued hearing time and place.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4751. Notice of the hearing shall be given by the district board by publishing the notice for at least five times in a daily, or twice in a weekly, newspaper circulated in the district, as the district board may direct. At the time and place so fixed, or at the time and place to which the hearing may be from time to time continued, the board shall hear all objections. (Enacted by Stats. 1939, Ch. 60.) - 4752. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
After the hearing, the district board must either revise the report to address objections or approve and adopt it as filed.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4752. At the conclusion of the hearing the district board shall either order the report changed to conform to some or all the objections made or shall approve and adopt the report as made. If changes in the report are ordered a further hearing shall be had upon it as amended and further hearings shall be had until the district board approves and adopts the report. (Enacted by Stats. 1939, Ch. 60.) - 4753. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The district board may have report portions, or a resume, published for free public distribution.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4753. The district board may, thereafter, have such portions of the report as are adapted to publication, or a resume, published for free public distribution. (Enacted by Stats. 1939, Ch. 60.) - 4754. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The district board must direct the engineers to supervise the recommended work.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4754. The engineers employed by the district board to make the report required by this chapter, or other engineers, shall be directed by the district board to superintend the doing of the work recommended to be done in the report as approved and adopted. (Enacted by Stats. 1939, Ch. 60.) - 4758. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
Work recommended in an approved district board report must follow the report’s general plans and specifications unless the district board, by a four-fifths vote, adopts a resolution stating that the public interest requires a change and explaining the change.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4758. Any work recommended to be done in the report approved and adopted by the district board shall be done in conformity with the general plans and specifications contained in the report unless the district board, by a four-fifths vote, adopts a resolution declaring that the public interest requires a modification of or departure from the plans and specifications, which resolution shall contain a statement of the manner in which the modification is required or departure is to be made. (Enacted by Stats. 1939, Ch. 60.) - 4759. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The district is granted a right of way in or across public highways, streets, or property in the district when the district board finds it necessary or convenient for the work.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4759. A right of way in or across any public highway, street, or property in the district is hereby granted to the district wherever the right of way is found by the district board to be necessary or convenient for doing any of the work. (Enacted by Stats. 1939, Ch. 60.) - 4759.1. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
Districts are allowed to build, operate, and maintain certain sewerlines and related machinery in city roads and highways, but must do so safely and with limits.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4759.1. (a) There is granted to every district the right to construct, operate and maintain outfall, intercepting and trunk sewerlines, other than ocean outfall lines and other terminal outfall lines, together with pumps and like machinery necessary for sewage transportation, across, along, in, under, over or upon any road, street, alley, avenue or highway within any city, in such a manner as to afford security for life and property. For the purposes of this section the term “terminal outfall lines” means any outfall sewerlines that discharge within the city any effluent from a sewage treatment plant or any sewage. Any use, under this section, of a public highway now or hereafter constituted a state highway shall be subject to the provisions of Chapter 3 (commencing with Section 660) of Division 1 of the Streets and Highways Code. (b) A district exercising its rights under this section shall restore the road, street, alley, avenue or highway so used to its former state of usefulness as nearly as may be, and shall locate such sewerlines and machinery so as to interfere as little as possible with other existing uses of such road, street, alley, avenue or highway. (c) Before any district uses any street, alley, avenue or highway within any city, it shall request the city in which the street, alley, avenue or highway is situated to agree with it upon the location of such sewerlines and machinery and the terms and conditions to which the construction, operation and maintenance of such sewerlines shall be subject. (d) If the district and the city are unable to agree on the terms and conditions and location of such sewerlines and machinery within three months after a proposal to do so, the district may bring an action in the superior court of the county in which the street, alley, avenue or highway is situated against the city to have the terms and conditions and location determined. The superior court may determine and adjudicate the terms and conditions to which the use of the street, alley, avenue or highway shall be subject, and the location thereof, and upon the making of the final judgment the district may enter and use the street, alley, avenue or highway upon the terms and conditions and at the location specified in the judgment. (Added by Stats. 1963, Ch. 530.) - 4760. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A county sanitation district board may agree with a city or other public agency to take possession of, acquire, or use sewerage or disposal facilities, and those public bodies may enter into the agreement.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4760. The district board may, by agreement with any city or other public agency, take possession of, or acquire by condemnation or in any other manner any sewerage system, or any sewage or refuse disposal or treatment plant, or any combination of the foregoing necessary or convenient to carry out any of the objects of the district, or may acquire by agreement or in any manner the right to use them, and any city or other public agency may enter into such an agreement with a county sanitation district. A compliance with this chapter is sufficient to authorize such an agreement by either a county sanitation district, city, or other public agency entering into such a contract with a county sanitation district. Whenever any sewerage or refuse disposal system, or sewage or refuse disposal or treatment plant so taken possession of or otherwise acquired was built from the proceeds of a bond issue, the district may assume and pay out of its funds the outstanding bonds of the city or public agency according to their terms, and in that case the principal sum remaining unpaid shall be credited to it and deducted from any sum to be paid by it to the city or public agency. Funds may be obtained by the county sanitation districts to pay the principal and interest on the assumed bonds in the manner as is provided for paying the principal and interest on its own bonds. (Amended by Stats. 1957, Ch. 125.) - 4761. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A city or public agency in the district may make an agreement with the district for the county sanitation district to use, possess, and operate certain sewerage or refuse disposal systems or treatment plants it owns or operates.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4761. Any city or public agency in the district may enter into an agreement with the district for the use, or entire possession and operation, by the county sanitation district of any sewerage or refuse disposal system, or sewage or refuse disposal or treatment plant owned or operated by the city or public agency. (Amended by Stats. 1949, Ch. 721.) - 4762. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
Local authorities may declare cesspools or other sewage disposal methods a public nuisance and require buildings to connect to the sewerage system.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4762. Whenever any area in the district is provided with a sewerage system the governing body of the city in which the area lies may declare the further maintenance or use of cesspools or other local means of sewage disposal to be a public nuisance, and may require all buildings inhabited or used by human beings to be connected with the sewerage system. The board of supervisors may prohibit the use of cesspools or other local means of sewage disposal and declare the same to be a public nuisance in any area in the district which is outside of any incorporated city, and may require all buildings inhabited or used by human beings to be connected with the sewerage system. (Amended by Stats. 1963, Ch. 1097.) - 4762.1. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
Connections of lateral or other sewerlines to the district sewer system must be made where and how the district engineers direct, under the district board’s instructions.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4762.1. All connections of lateral or other sewerlines to the sewerage system of the district, whether within or without any city, shall be made at points and in the manner to be directed by the engineers of the district under instructions from the district board, subject to such terms and conditions as the district board may prescribe. The district board may prescribe standards for installation and maintenance of laterals or sewerlines connecting to the sewerage system of the district, including, but not limited to, installation and maintenance by property owners of cleanouts and backflow protective devices. (Added by Stats. 1963, Ch. 1097.) - 4763. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The district board exercises all district powers unless the law says otherwise.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4763. All powers of the district shall be exercised by the district board unless otherwise specified. (Added by Stats. 1939, Ch. 596.) - 4764. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The district may borrow money and take on debt, but it cannot issue bonded debt unless voters approve it by the required two-thirds vote.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4764. It may borrow money and incur indebtedness and guarantee the performance of its legal or contractual obligations whether heretofore or hereafter incurred; and also refund or retire any public indebtedness or lien that may exist against the district or any property therein which shall have arisen out of the transaction of the affairs of the district. It shall not, however, incur any bonded indebtedness unless it submits the proposition for incurring the bonded indebtedness to the voters of the district, or if the bonded indebtedness is for an improvement district, to the voters of the improvement district, at a regular election or a special election called for that purpose and at least two-thirds of the votes cast at the election are in favor of incurring the bonded indebtedness as proposed. (Amended by Stats. 1957, Ch. 2123.) - 4765. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A district may attend the Legislature, present information on legislation, and join associations for that purpose; board members who do so may receive specified travel reimbursement.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4765. Any district, directly or through a representative, may attend the Legislature and any committees thereof and present information to aid the passage of legislation which the district deems beneficial to the district or to prevent the passage of legislation which the governing board of the district deems detrimental to the district. The cost and expense incident thereto are proper charges against the district. Such districts may enter into and provide for participation in the business of associations and through a representative of the associations attend the Legislature, and any committees thereof, and present information to aid the passage of legislation which the association deems beneficial to the districts in the association, or to prevent the passage of legislation which the association deems detrimental to the districts in the association. The cost and expense incident thereto are proper charges against the districts comprising the association. Each member of the district board engaging in such activities on behalf of the district shall be allowed eleven cents ($0.11) per mile, without any constructive mileage, for his expenses of traveling necessarily done by automobile, and his actual traveling expenses when he travels by public conveyance. (Amended by Stats. 1968, Ch. 1095.) - 4766. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The district board may adopt ordinances for specified sanitation purposes, but must use the county ordinance procedure and any ordinance must be at least as strict as the State Housing Law. Violations are misdemeanors punishable by up to a $1,000 fine, up to 30 days in jail, or both.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4766. The district board may adopt ordinances to carry out the provisions of Sections 5473 to 5473.11, inclusive, of the Health and Safety Code and this chapter; the procedure for the adoption of said ordinances shall be the same as is provided for in Article 7 (commencing with Section 25120), Chapter 1, Part 2, Division 2, Title 3 of the Government Code for counties. In the absence of county or city regulation, the district board may also adopt ordinances for the purpose of exercise and effect of any of it powers, or for the purposes for which it was formed. Any ordinance adopted by the district board shall impose restrictions equal to or greater than those imposed by the State Housing Law, Part 1.5 (commencing with Section 17910), Division 13 of this code, and the rules and regulations promulgated pursuant thereto by the Commission of Housing and Community Development. A violation of a regulation or ordinance of a district is a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000), imprisonment not to exceed 30 days, or both. (Amended by Stats. 1976, Ch. 898.) - 4766.1. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
County boards of supervisors may adopt a model county sanitation district ordinance, and it may later be amended using the same procedure.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4766.1. The board of supervisors of any county may adopt a model county sanitation district ordinance. The procedure for the adoption of said ordinance shall be the same as is provided for in Article 7 (commencing with Section 25120) of Chapter 1, Part 2, Division 2, Title 3 of the Government Code for the adoption of county ordinances. The ordinance may be amended by the same procedure used for the adoption of the ordinance. The ordinance and amendments thereto shall be effective only as to districts which have adopted it by reference as hereinafter provided. (Added by Stats. 1975, Ch. 489.) - 4766.2. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The district board may enact an ordinance that adopts a model county sanitation district ordinance by reference.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4766.2. The district board is hereby authorized to enact an ordinance which adopts by reference all or any part of a model county sanitation district ordinance. The adopting ordinance may also enact provisions to add to or amend the model sanitation district ordinance as it is applied to that district. (Added by Stats. 1975, Ch. 489.) - 4766.3. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
Before adopting an ordinance that adopts a model county sanitation district ordinance by reference, the district board must give notice, make copies available with the district clerk for public inspection, and publish or post the notice depending on whether a general-circulation newspaper exists in the district.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4766.3. Prior to adoption of any ordinance which adopts by reference all or any part of a model county sanitation district ordinance, the district board shall give notice that copies of the model ordinance being considered for adoption are on file with the clerk of the district and are open to public inspection. Such notice shall be published pursuant to Section 6066 of the Government Code in a newspaper of general circulation in the district. If there is no newspaper of general circulation in the district, the notice shall be posted in the manner as provided for the posting of any proposed ordinance. (Added by Stats. 1975, Ch. 489.) - 4766.4. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A district must publish in full the ordinance adopting the model sanitation district ordinance and include a notice about where copies are kept and that they are open for public inspection.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4766.4. Nothing contained in this article shall be deemed to relieve any district from the requirement of publishing in full the ordinance which adopts by reference the model sanitation district ordinance; and all provisions applicable to such publication shall be fully carried out. Such publication shall contain notice that copies of the model county sanitation district ordinance are on file with the clerk of the district and are open to public inspection. (Added by Stats. 1975, Ch. 489.) - 4766.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
If the county board of supervisors amends the model sanitation district ordinance, the district board may adopt that amendment by reference, or enact an ordinance in the regular manner setting out the full text.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4766.5. If at any time the model sanitation district ordinance is amended by the county board of supervisors, then the district board may adopt such amendment or amended model sanitation district ordinance by reference as provided in this article; or an ordinance may be enacted in the regular manner, setting forth the entire text of such amendment. (Added by Stats. 1975, Ch. 489.) - 4766.6. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
If the district’s board of directors is the board of supervisors, the district may adopt the model county sanitation district ordinance and later amendments by reference, without using the procedures in Section 4766.3.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4766.6. If the board of directors of the district is the board of supervisors, the district may adopt the model county sanitation district ordinance and any amendments thereto by reference without following the procedures contained in Section 4766.3. (Added by Stats. 1983, Ch. 117, Sec. 1.) - 4766.7. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A district may destroy a record if it does so under the cited Government Code chapter.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4766.7. A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code. (Added by renumbering Section 4766.5 (as added by Stats. 2005, Ch. 158, Sec. 21) by Stats. 2015, Ch. 303, Sec. 299. (AB 731) Effective January 1, 2016.) - 4767. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A county sanitation district may manage water facilities and buy and distribute water, but it needs consent before selling domestic water supplies into another district or municipality with similar powers.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4767. Any county sanitation district may, in addition to its other powers, acquire, construct, control, operate, and maintain waterworks, conduits, reservoirs, storage sites, and other works and facilities for the production, treatment, storage and distribution of a water supply for domestic and other uses. The district may also purchase water from any other utility district, public agency, person, or private company, and distribute it. The district may only distribute and sell to retail customers domestic water supplies outside the district by means of facilities designed primarily to serve inside the district. Before a district may so distribute and sell to retail customers domestic water supplies within the boundaries of another district or municipality which has the same or similar powers with respect to domestic water supplies, it shall secure the consent of the governing body of such other district or municipality to do so. (Amended by Stats. 1968, Ch. 1096.) - 4767.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A district may contract with a state agency to finance a district improvement authorized by Section 4767, as long as the contract terms fit this chapter.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. District Powers [4738 - 4767.5] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4767.5. A district may contract with any state agency to finance any district improvement authorized by Section 4767. 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. (Added by Stats. 2001, Ch. 606, Sec. 3. Effective October 9, 2001.) - 4768. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4.1. District Employees [4768- 4768.] ( Article 4.1 added by Stats. 1957, Ch. 2123. )
Government Code section 19990 applies to district employees.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4.1. District Employees [4768- 4768.] ( Article 4.1 added by Stats. 1957, Ch. 2123. ) ## 4768. Section 19990 of the Government Code shall apply to employees of the district. (Amended by Stats. 2011, Ch. 382, Sec. 8.5. (SB 194) Effective January 1, 2012.) - 4770. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4.5. Application of Other Statutes [4770 - 4774] ( Article 4.5 added by Stats. 1939, Ch. 1124. )
A district board may authorize sewer and related infrastructure work, but only with local legislative consent and subject to a State Highway Engineer permit issue on state highways.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4.5. Application of Other Statutes [4770 - 4774] ( Article 4.5 added by Stats. 1939, Ch. 1124. ) ## 4770. Except as to State highways where the State Highway Engineer refuses to issue a permit, with the consent of the legislative body having jurisdiction of the territory within which it is proposed so to do, expressed by resolution of such governing body, the board of any district organized subsequent to the effective date of this amendment may order the construction of sewers and appurtenances in the whole or any portion of any of the streets, highways, or public places of the district, or in property or in rights of way owned by the district, and acquire or construct trunk and collection lines and laterals, sewage disposal and treatment plants, and acquire rights of way, and easements therefor, and may provide that the cost shall be assessed upon the fronting lots and lands or upon a special district. (Added by Stats. 1939, Ch. 1124.) - 4771. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4.5. Application of Other Statutes [4770 - 4774] ( Article 4.5 added by Stats. 1939, Ch. 1124. )
Three named acts apply to districts.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4.5. Application of Other Statutes [4770 - 4774] ( Article 4.5 added by Stats. 1939, Ch. 1124. ) ## 4771. The Improvement Act of 1911, the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915 are applicable to districts. (Amended by Stats. 1974, Ch. 426.) - 4772. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4.5. Application of Other Statutes [4770 - 4774] ( Article 4.5 added by Stats. 1939, Ch. 1124. )
This section defines several terms used when other acts are applied to proceedings under this article.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4.5. Application of Other Statutes [4770 - 4774] ( Article 4.5 added by Stats. 1939, Ch. 1124. ) ## 4772. In the application of those acts to proceedings under this article the terms used in those acts shall have the following meanings: (a) “City council,” and “council,” mean board. (b) “City,” and “municipality,” mean district. (c) “Clerk,” and “city clerk,” mean secretary. (d) “Superintendent of streets,” “street superintendent,” and “city engineer” mean the engineer of the district, or any other person appointed to perform such duties. (e) “Tax collector,” means county tax collector. (f) “Treasurer,” and “city treasurer,” mean any person or official who has charge of and makes payment of the funds of the district. (g) “Right of way,” means any parcel of land through which a right of way has been granted to the district for the purpose of constructing and maintaining a sewer. (Added by Stats. 1939, Ch. 1124.) - 4773. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4.5. Application of Other Statutes [4770 - 4774] ( Article 4.5 added by Stats. 1939, Ch. 1124. )
District boards, officers, and agents must exercise the powers and duties that city boards, officers, and agents would otherwise have under those acts and supplementary acts.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4.5. Application of Other Statutes [4770 - 4774] ( Article 4.5 added by Stats. 1939, Ch. 1124. ) ## 4773. The powers and duties conferred by those acts and supplementary acts upon boards, officers, and agents of cities shall be exercised by the respective boards, officers, and agents of the district. (Added by Stats. 1939, Ch. 1124.) - 4774. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4.5. Application of Other Statutes [4770 - 4774] ( Article 4.5 added by Stats. 1939, Ch. 1124. )
Improvements authorized under this article may be constructed or acquired only if Article 4 of the chapter also permits them.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4.5. Application of Other Statutes [4770 - 4774] ( Article 4.5 added by Stats. 1939, Ch. 1124. ) ## 4774. The improvements authorized to be constructed or acquired under this article are restricted to those permitted to be constructed or acquired by such districts under Article 4 of this chapter. (Added by Stats. 1941, Ch. 1072.) - 4780. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
After an engineers’ report is approved and adopted, the district board must submit a bonded-indebtedness proposition to district voters and call a special election by resolution.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4780. After the approval and adoption of an engineers’ report the district board shall submit to the voters of the district the proposition of incurring a bonded indebtedness to obtain funds with which to acquire the property and do the work set forth in the report. For that purpose a special election shall be called by resolution. (Enacted by Stats. 1939, Ch. 60.) - 4781. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
A resolution authorizing bonds must state specified details about the proposed indebtedness, bond terms, and the election.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4781. The resolution shall state all of the following: (a) The general objects and purposes for which it is proposed to incur an indebtedness. (b) A reference to the report filed with the district board for particulars. (c) The amount of the bonds proposed to be issued. (d) The number of years not to exceed which the whole of the bonds are to run. (e) The rate of interest or a maximum rate of interest to be paid, which rate shall not be more than the rate specified in this chapter, payable at the time specified in this chapter. (f) The date of the election. (g) The election precincts, polling places, and election officers. (Amended by Stats. 1949, Ch. 168.) - 4782. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
For a bond election, the district board may combine several general-election precincts into one precinct and identify it by reference to those precincts.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4782. For the purposes of the bond election the district board may consolidate into one precinct several precincts established for general election purposes and describe the precinct by reference to the general election precincts. (Enacted by Stats. 1939, Ch. 60.) - 4783. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
The district board must appoint an election board for each precinct.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4783. An election board consisting of one inspector, one judge, and one clerk shall be appointed by the district board for each precinct. (Enacted by Stats. 1939, Ch. 60.) - 4784. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
Only voters registered in the district may vote at the bond election.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4784. Only voters registered in the district are eligible to vote at the bond election. (Enacted by Stats. 1939, Ch. 60.) - 4785. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
The election resolution must be published weekly for three consecutive weeks in a newspaper with general circulation in the district, as designated by the district board.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4785. The resolution calling the election shall be published once a week for three successive weeks in a newspaper having a general circulation in the district and designated by the district board. No other notice of the election need be given. (Enacted by Stats. 1939, Ch. 60.) - 4786. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
If two-thirds of votes cast favor the proposed bonded indebtedness, the district must issue and sell bonds for the amount stated in the election resolution.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4786. If two-thirds of the votes cast are in favor of incurring the bonded indebtedness as proposed, bonds of the district for the amount stated in the resolution calling the election shall be issued and sold. (Enacted by Stats. 1939, Ch. 60.) - 4787. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
The validity of the bonds cannot be challenged in court after issuance, except on three listed grounds.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4787. The validity of the bonds after their issuance shall not be questioned in any court except upon the ground that the provisions of this chapter authorizing their issuance are unconstitutional, or that the required hearing regarding the formation of the district was not legally held or proper notice of it was not given. (Amended by Stats. 1939, Ch. 596.) - 4788. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
The district board must set the bond form by resolution, तय the payment times and place, and bond terms cannot exceed forty years.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4788. The district board shall prescribe by resolution the form of the bonds, and interest coupons. The bonds shall be payable at such times and at a place to be fixed by the board, and designated in the bonds, together with interest on all sums unpaid on that date until the whole of the indebtedness has been paid. The term of bonds issued shall not exceed forty years. (Amended by Stats. 1949, Ch. 168.) - 4789. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
The district board may तय? determine bond denominations, and the bonds must be payable on the specified day and place, with interest set in the bonds and capped at 8% per year; after the first year, interest is payable semiannually.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4789. The bonds shall be issued in such denomination or denominations as the district board may determine. They shall be payable on the day and at the place fixed in the bonds, and with interest at the rate specified in the bonds, which rate shall not be in excess of 8 percent per annum, and shall, after the first year, be payable semiannually. (Amended by Stats. 1975, Ch. 130.) - 4790. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
County sanitation district bonds must be signed and countersigned by specified officials, and the district board seal must be affixed.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4790. The bonds shall be signed by the chairman of the district board, and countersigned by the county treasurer, and the seal of the district board shall be affixed. The interest coupons of the bonds shall be numbered consecutively and signed by the county treasurer. All such signatures and countersignatures may be printed, lithographed, engraved, or otherwide mechanically reproduced except that one of said signatures or countersignatures to said bonds shall be manually affixed. Any such signature may be affixed in accordance with the provisions of the Uniform Facsimile Signatures of Public Officials Act, Chapter 6 (commencing with Section 5500) of Title 1 of the Government Code. (Amended by Stats. 1972, Ch. 1384.) - 4791. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
If an officer’s signature on bonds was already placed there, it stays valid even if the officer leaves office before the bonds are delivered to the purchaser.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4791. If any officer whose signature or countersignature appears on the bonds ceases to be an officer before the delivery of the bonds to the purchaser, his signature or countersignature shall be as valid as if he had remained in office until the delivery of the bonds. (Amended by Stats. 1939, Ch. 596.) - 4792. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
The board may issue and sell district bonds at not less than par value.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4792. The board may issue and sell the bonds of the district at not less than par value, and the proceeds shall be placed in the treasury of the county. All premiums and accrued interest received shall be paid into the fund to be used for the payment of principal and interest on the bonds and the remainder of the proceeds of the sale shall be paid into the construction fund of the district, and proper records of the transactions shall be placed upon the books of the treasurer. (Enacted by Stats. 1939, Ch. 60.) - 4792.1. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
The board of supervisors may authorize the county treasurer to issue one-year notes for anticipated district bond sales, and the notes must be repaid only from bond-sale proceeds.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4792.1. When the board of supervisors is the district board of a district and such board deems it in the best interests of the district, it may authorize the county treasurer, upon such terms and conditions as may be fixed by such board, to issue notes, on a competitive-bid basis, maturing within a period not to exceed one year, in anticipation of the sale of district bonds duly authorized at the time such notes are issued. The proceeds from the sale of such notes shall be used only for the purposes for which may be used the proceeds of the sale of bonds in anticipation whereof the notes were issued. All notes issued and any renewal thereof shall be payable at a fixed time, solely from the proceeds of the sale of the bonds and not otherwise, except that in the event that the sale of the bonds shall not have occurred prior to the maturity of the notes issued in anticipation of the sale, the county treasurer shall, in order to meet the notes then maturing, issue renewal notes for such purpose. No renewal of a note shall be issued after the sale of bonds in anticipation of which the original note was issued. There shall be only one renewal of such note or notes. Every note and any renewal thereof shall be payable from the proceeds of the sale of bonds and not otherwise. The total amount of such notes or renewals thereof issued and outstanding shall at no time exceed the total amount of the unsold bonds. Interest on the notes shall be payable from proceeds of the sale of bonds. (Added by Stats. 1973, Ch. 317.) - 4793. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
The construction fund must be used only for the purposes listed in the bond-election resolution, and payments from it must follow the district board’s approval and the same process used for county-fund দাবands.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4793. The construction fund shall be applied exclusively to the purposes and objects mentioned in the resolution calling the bond election. Payments from the construction fund shall be made upon demands allowed by the district board, and prepared, presented, and audited in the same manner as demands upon the funds of the county. (Enacted by Stats. 1939, Ch. 60.) - 4793.1. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
After bond purposes are completed, leftover construction funds may be used for other county sanitation district purposes if the board and the electors approve, with a special limit for improvement districts.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4793.1. When the purposes and objects mentioned in the resolution calling the bond election have been accomplished, any moneys remaining in the construction fund may be transferred to the fund to be used for the payment of principal and interest on the bonds. The district board by a vote of two-thirds of the members thereof may use said remaining moneys for some other county sanitation district purpose which will benefit the property in the district or improvement district, as the case may be; provided, however, that with respect to improvement districts such general objectives and purposes shall not include the acquisition or construction of new local street sewers or laterals as distinguished from main trunks, interceptors, and outfall sewers. Said moneys may not be used for said other county sanitation district purposes until two-thirds of the qualified electors of said district or improvement district thereof, as the case may be, have consented thereto at a special election called in said district or improvement district by the district board. Notice of said election shall be given and said election shall be held and conducted in the manner provided for bond elections in said county sanitation district or improvement district, as the case may be. (Amended by Stats. 1955, Ch. 1535.) - 4794. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
If a bond proposition fails, the district board may call or order another bond election after six months.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4794. If the proposition of issuing bonds submitted at a bond election fails to receive the requisite number of votes, the district board may, at the expiration of six months after that election, call or order another bond election, either for the same objects and purposes, or for any other object or purpose of the district. (Enacted by Stats. 1939, Ch. 60.) - 4795. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
If the district board decides by majority resolution that more bonds are needed, it may prepare another report and submit the question to voters.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4795. If the district board by resolution passed by a vote of a majority of all its members determines that the public interest or necessity of the district demands the issuance of additional bonds for carrying out any of the objects of the district, the district board may again have a report made, and submit to the voters the question of issuing additional bonds in the same manner as for a first issue. All the provisions of this chapter for the issuance and sale of bonds, and for the expenditure of the proceeds apply to the issuance of additional bonds. (Amended by Stats. 1963, Ch. 1097.) - 4796. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
County sanitation district bonds and the interest on them must be paid from revenue raised by an annual property tax in the district, and those bonds and interest are not taxable in California.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4796. Bonds and the interest thereon shall be paid by revenue derived from an annual tax upon the real property in the district, and all the real property in the district shall be and remain liable to be taxed for such payments. Said bonds and the interest thereon shall not be taxable in this State. (Amended by Stats. 1939, Ch. 596.) - 4797. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
When determining bond amounts, the legislative body may include certain project costs and related fees, reserve funds, working capital, and estimated bond interest.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4797. In determining the amount of bonds to be issued, the legislative body may include: (a) All costs and estimated costs incidental to or connected with the acquisition, construction, improving or financing of the project. (b) All engineering, inspection, legal and fiscal agent’s fees, costs of the bond election and of the issuance of said bonds, bond reserve funds and working capital and bond interest estimated to accrue during the construction period and for a period of not to exceed 12 months after completion of construction. (Added by Stats. 1957, Ch. 1378.) - 4799. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
This section says the chapter does not affect the validity of, or the right to issue and sell, bonds voted before the code takes effect.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4799. Nothing in this chapter shall affect the validity of, or the right to issue and sell, bonds voted prior to the date when this code goes into effect. (Added by Stats. 1939, Ch. 596.) - 4801. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
This section defines what counts as an issue of bonds and lets a district’s board of directors split a bond issue into divisions or series and set different payment dates for each.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4801. (1) An issue of bonds is hereby defined to be the aggregate principal amount of all of the bonds authorized to be issued in accordance with a proposal submitted to and approved by the electors of the district, but no indebtedness will be deemed to have been contracted until bonds shall have been sold and delivered and then only to the extent of the principal amount of bonds so sold and delivered. (2) The board of directors of any district issuing any bonds heretofore or hereafter authorized may, in its discretion, divide the aggregate principal amount of such issue into two or more divisions or series and fix different dates for the bonds of each separate division or series. In the event any authorized issue is divided into two or more divisions or series, the bonds of each division or series may be made payable at such time or times as may be fixed by the legislative body of the district separate and distinct from the time or times the payment of bonds of any other division or series of the same issue. (Added by Stats. 1949, Ch. 168.) - 4802. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
Bonds may be set to become payable after the second installment of district taxes is collected.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4802. Bonds may be made payable on a date subsequent to the time fixed for the collection of the second installment of general district taxes with which the first levy of taxes for the payment of the principal and interest of said bonds is to be collected. In such event, the first interest coupons shall be for interest from the date of said bonds of such issue or series or division to the maturity date of said coupons. (Added by Stats. 1951, Ch. 1648.) - 4803. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. )
An action to determine the validity of bonds may be brought under the referenced Civil Procedure chapter.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Bonds [4780 - 4803] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4803. An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Amended by Stats. 1961, Ch. 1556.) - 4805. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5.5. Revenue Bonds [4805- 4805.] ( Article 5.5 added by Stats. 1953, Ch. 95. )
County sanitation districts are covered by the Revenue Bond Law of 1941, and they may issue bonds with interest rates up to 7% per year.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5.5. Revenue Bonds [4805- 4805.] ( Article 5.5 added by Stats. 1953, Ch. 95. ) ## 4805. The provisions of the Revenue Bond Law of 1941 as amended shall be applicable to county sanitation districts, and the term “local agency” as used in Chapter 6 of Part 1, Division 2, Title 5 of the Government Code shall be deemed to include a county sanitation district. Notwithstanding any provision of the Revenue Bond Law of 1941, including, but not limited to, Section 54382 of the Government Code, any county sanitation district may issue bonds, pursuant to such law which have an interest rate which is not in excess of 7 percent per annum. (Amended by Stats. 1968, Ch. 671.) - 4806. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5.6. Bonds for Improvement of a Portion of a District [4806 - 4809.3] ( Article 5.6 added by Stats. 1955, Ch. 707. )
The district board may use a resolution process to issue bonds for an improvement district, if it has an approved engineer’s report and decides the bonded debt is necessary.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5.6. Bonds for Improvement of a Portion of a District [4806 - 4809.3] ( Article 5.6 added by Stats. 1955, Ch. 707. ) ## 4806. As an alternative method of issuing bonds the district board may, after the approval and adoption of an engineer’s report for a portion of the district, if it deems it necessary to incur a bonded indebtedness to obtain funds with which to acquire the property and do the work set forth in the report, by resolution so declare and state: (a) the general objects and purposes for which the proposed debt is to be incurred; provided, however, that such general objectives and purposes shall not include the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor and outfall sewers; (b) the amount of debt to be incurred; (c) that the district board intends to form an improvement district of that portion of the district which in the opinion of said board will be benefited, the exterior boundaries of which portion are set forth on a map on file with said board, which map shall govern for all details as to the extent of the proposed improvement district, and to call an election in such improvement district on a date to be fixed, for the purpose of submitting to the qualified voters thereof the proposition of incurring indebtedness by the issuance of bonds of the district for said improvement district; (d) that taxes for the payment of said bonds and the interest thereon shall be derived exclusively from an annual tax upon the real property in the improvement district; (e) that the engineer’s report, together with a map showing the exterior boundaries of said proposed improvement district with relation to the territory immediately contiguous thereto and to the proposed improvement, are on file with the district board and are available for inspection by any person interested; (f) the time and place for a hearing by the board on the questions of the formation of said proposed improvement district, the extent thereof, the proposed improvement and the amount of debt to be incurred; and (g) that at the time and place specified in the resolution any person interested, including any persons owning property in the district or in the proposed improvement district, will be heard. (Added by Stats. 1955, Ch. 707.) - 4806.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5.6. Bonds for Improvement of a Portion of a District [4806 - 4809.3] ( Article 5.6 added by Stats. 1955, Ch. 707. )
The district board may use this alternative bond method if it has an approved engineer’s report and finds bonded indebtedness necessary.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5.6. Bonds for Improvement of a Portion of a District [4806 - 4809.3] ( Article 5.6 added by Stats. 1955, Ch. 707. ) ## 4806.5. As an alternative method of issuing bonds the district board may, after the approval and adoption of an engineer’s report for a portion of the district, if it deems it necessary to incur a bonded indebtedness to obtain funds with which to acquire the property and do the work set forth in the report, by resolution so declare and state: (a) the general objects and purposes for which the proposed debt is to be incurred, including, but not limited to, the acquisition or construction or reconstruction of new local street sewers or laterals as distinguished from main trunk, interceptor and outfall sewers; (b) the amount of debt to be incurred; (c) that the district board intends to form an improvement district of that portion of the district which in the opinion of the board will be benefited, the exterior boundaries of which portion are set forth on a map on file with the board, which map shall govern for all details as to the extent of the proposed improvement district, and to call an election in such improvement district on a date to be fixed, for the purpose of submitting to the qualified voters thereof the proposition of incurring indebtedness by the issuance of bonds of the district for said improvement district; (d) that taxes for the payment of such bonds and the interest thereon shall be derived exclusively from an annual tax upon the real property in the improvement district; (e) that special rates or charges to finance the construction, reconstruction, maintenance, or operation of the improvement may be collected within the improvement district where, in the judgment of the board, the improvement will not be of districtwide benefit; (f) that the engineer’s report, together with a map showing the exterior boundaries of such proposed improvement district with relation to the territory immediately contiguous thereto and to the proposed improvement, are on file with the district board and are available for inspection by any person interested; (g) the time and place for a hearing by the board on the questions of the formation of such proposed improvement district, the extent thereof, the proposed improvement and the amount of debt to be incurred; and (h) that at the time and place specified in the resolution any person interested, including all persons owning property in the district or in the proposed improvement district, will be heard. This section shall only be applicable to a district within a county of the 13th class as defined in Section 28036 of the Government Code and Section 4806 shall not be applicable to a district within a county of the 13th class. (Amended by Stats. 1974, Ch. 545.) - 4807. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5.6. Bonds for Improvement of a Portion of a District [4806 - 4809.3] ( Article 5.6 added by Stats. 1955, Ch. 707. )
Notice of the hearing must be published in a newspaper of general circulation in the county sanitation district and posted in three public places in the proposed improvement district.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5.6. Bonds for Improvement of a Portion of a District [4806 - 4809.3] ( Article 5.6 added by Stats. 1955, Ch. 707. ) ## 4807. Notice of the hearing shall be given by publishing a copy of the resolution pursuant to Section 6066 of the Government Code prior to the time fixed for the hearing in a newspaper having general circulation in the county sanitation district. Such notice shall also be given by posting a copy of the resolution in three public places within the proposed improvement district at least two weeks before the time fixed for the hearing. (Amended by Stats. 1957, Ch. 357.) - 4808. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5.6. Bonds for Improvement of a Portion of a District [4806 - 4809.3] ( Article 5.6 added by Stats. 1955, Ch. 707. )
The district board must hold and continue the hearing, may hear protests from interested persons, and can change the proposed debt or district boundaries only with the required notice and hearing process.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5.6. Bonds for Improvement of a Portion of a District [4806 - 4809.3] ( Article 5.6 added by Stats. 1955, Ch. 707. ) ## 4808. At the time and place so fixed, or at any time and place to which the hearing is adjourned, the district board shall proceed with the hearing. At the hearing any person interested, including any person owning property within the district or within the proposed improvement district, may appear and protest the inclusion of his property within the proposed improvement district and/or present any other matters material to the questions set forth in the resolution declaring the necessity for incurring the bonded indebtedness. The district board shall have power to change the purpose for which the proposed debt is to be incurred, or the amount of bonded debt to be incurred, or the boundaries of said proposed improvement district, or one or all of said matters; provided, however, that said board shall not change such boundaries so as to include any territory which will not, in its judgment, be benefited by said improvement; and provided further, that said board shall exclude from the proposed improvement district any territory which it finds will not be benefited by inclusion therein. If the district board proposes to change the purposes for which the proposed debt is to be incurred, it shall cause appropriate changes to be made in the report before giving notice of such change. The purpose, amount of bonded debt and boundaries shall not be changed by said board except after notice of its intention to do so, given pursuant to Section 6061 of the Government Code in a newspaper having general circulation in said county sanitation district, and by posting in three public places within said proposed improvement district. Said notice shall state the changed purpose and debt proposed and that the engineer’s report as changed by said board, together with a map showing exterior boundaries as proposed to be changed, are on file with the district board and are available for inspection by any person interested, and specify the time and place for hearing on such change, which time shall be at least 10 days after publication or posting of said notice. At the time and place so fixed, or at any time and place to which the hearing is adjourned, said board shall continue with the hearing. At the hearing any person interested, including any person owning property within the district or the proposed improvement district, may appear and present any matters material to the changes stated in the notice. At the conclusion of the hearing the board shall by resolution determine whether it is deemed necessary to incur the bonded indebtedness, and, if so, the resolution shall also state the purpose for which said proposed debt is to be incurred (which purpose shall not include the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor and outfall sewers) the amount of the proposed debt, that the exterior boundaries of the portion of the district which will be benefited are set forth on a map on file with the district board, which map shall govern for all details as to the extent of the improvement district, and that said portion of the district set forth on said map shall thereupon constitute and be known as “Improvement District No. __ of ____ (name of county sanitation district),” and the determination made in said resolution shall be final and conclusive. After the formation of such improvement district within a county sanitation district, all proceedings for the purpose of a bond election shall be limited and shall apply only to the improvement district, and taxes for the payment of said bonds and the interest thereon shall be derived exclusively from an annual tax upon the real property in the improvement district. (Amended by Stats. 1957, Ch. 357.) - 4808.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5.6. Bonds for Improvement of a Portion of a District [4806 - 4809.3] ( Article 5.6 added by Stats. 1955, Ch. 707. )
The district board must hold the hearing, follow notice rules before changing bond-related terms, and limit the improvement district to benefited territory.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5.6. Bonds for Improvement of a Portion of a District [4806 - 4809.3] ( Article 5.6 added by Stats. 1955, Ch. 707. ) ## 4808.5. At the time and place so fixed, or at any time and place to which the hearing is adjourned, the district board shall proceed with the hearing. At the hearing any person interested, including any person owning property within the district or within the proposed improvement district, may appear and protest the inclusion of his property within the proposed improvement district or present any other matters material to the questions set forth in the resolution declaring the necessity for incurring the bonded indebtedness, or do both. The district board shall have power to change the purpose for which the proposed debt is to be incurred, or the amount of bonded debt to be incurred, or the boundaries of the proposed improvement district, or one or all of such matters; provided, however, that the board shall not change such boundaries so as to include any territory which will not, in its judgment, be benefited by such improvement; and provided further, that the board shall exclude from the proposed improvement district any territory which it finds will not be benefited by inclusion therein. If the district board proposes to change the purposes for which the proposed debt is to be incurred, it shall cause appropriate changes to be made in the report before giving notice of such change. The purpose, amount of bonded debt and boundaries shall not be changed by the board except after notice of its intention to do so, given pursuant to Section 6061 of the Government Code in a newspaper having general circulation in such county sanitation district, and by posting in three public places within such proposed improvement district. Such notice shall state the changed purpose and debt proposed and that the engineer’s report as changed by the board, together with a map showing exterior boundaries as proposed to be changed, are on file with the district board and are available for inspection by any person interested, and specify the time and place for hearing on such change, which time shall be at least 10 days after publication or posting of such notice. At the time and place so fixed, or at any time and place to which the hearing is adjourned, the board shall continue with the hearing. At the hearing any person interested, including any person owning property within the district or the proposed improvement district, may appear and present any matters material to the changes stated in the notice. At the conclusion of the hearing, the board shall by resolution determine whether it is deemed necessary to incur the bonded indebtedness, and, if so, the resolution shall also state the purpose for which such proposed debt is to be incurred, the amount of the proposed debt, that the exterior boundaries of the portion of the district which will be benefited are set forth on a map on file with the district board, which map shall govern for all details as to the extent of the improvement district, and that such portion of the district set forth on such map shall thereupon constitute and be known as “Improvement District No. __ of ____ (name of county sanitation district),” and the determination made in such resolution shall be final and conclusive. After the formation of such improvement district within a county sanitation district, all proceedings for the purpose of a bond election shall be limited and shall apply only to the improvement district, and taxes for the payment of such bonds and the interest thereon shall be derived exclusively from an annual tax upon the real property in the improvement district. This section shall only be applicable to a district within a county of the 15th class as defined in Section 28036 of the Government Code and Section 4808 shall not be applicable to a district within a county of the 15th class. (Added by Stats. 1969, Ch. 881.) - 4809. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5.6. Bonds for Improvement of a Portion of a District [4806 - 4809.3] ( Article 5.6 added by Stats. 1955, Ch. 707. )
If the board decides bonded debt is necessary after the Section 4808 determinations, it must call a special election in the improvement district and the resolution must list the required bond and election details.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5.6. Bonds for Improvement of a Portion of a District [4806 - 4809.3] ( Article 5.6 added by Stats. 1955, Ch. 707. ) ## 4809. When the board has made its determinations as provided in Section 4808 and if the board deems it necessary to incur the bonded indebtedness, the board shall by resolution call a special election in said improvement district for the purpose of submitting to the qualified voters thereof the proposition of incurring indebtedness by the issuance of bonds of the district for said improvement district. Said resolution shall state: (a) that the board deems it necessary to incur the bonded indebtedness; (b) the purpose for which the bonded indebtedness will be incurred; (c) the amount of debt to be incurred; (d) the name of the improvement district to be benefited by said indebtedness, as set forth in the resolution making determinations, and that a map showing the exterior boundaries of said improvement district is on file with the district board, which map shall govern for all details as to the extent of the improvement district; (e) that taxes for the payment of such bonds and the interest thereon shall be derived exclusively from an annual tax upon the real property in said improvement district; (f) the maximum term the bonds proposed to be issued shall run before maturity, which shall not exceed 40 years; (g) the maximum rate of interest to be paid, which shall not be more than the rate specified in this chapter for bonds of the district, payable at the time specified in this chapter for bonds of the district; (h) the measure to be submitted to the voters; (i) the date of the election; and (j) the election precincts, polling places and election officers. (Added by Stats. 1955, Ch. 707.) - 4809.1. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5.6. Bonds for Improvement of a Portion of a District [4806 - 4809.3] ( Article 5.6 added by Stats. 1955, Ch. 707. )
This section says the election for the bond issue is to be given, held, and conducted like an election for bonds of the whole county sanitation district, unless this article says otherwise.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5.6. Bonds for Improvement of a Portion of a District [4806 - 4809.3] ( Article 5.6 added by Stats. 1955, Ch. 707. ) ## 4809.1. Except as otherwise provided in this article, notice of the election shall be given and the election shall be held and conducted in the same manner as elections for the authorization of bonds of the entire county sanitation district, and if two-thirds of the votes cast are in favor of incurring the bonded indebtedness as proposed, bonds of the district, issued in the name of the district and designated “Bonds of ____ (naming the county sanitation district) for Improvement District No. __” shall be issued and sold for the amount stated in the resolution calling the election in the same form and manner as bonds of the entire county sanitation district. Each bond of the district for an improvement district and all interest coupons thereof shall state that taxes for the payment thereof shall be derived exclusively from an annual tax upon the real property in the improvement district. (Added by Stats. 1955, Ch. 707.) - 4809.2. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5.6. Bonds for Improvement of a Portion of a District [4806 - 4809.3] ( Article 5.6 added by Stats. 1955, Ch. 707. )
Challenges to the election’s validity must be started within 3 months, or the bonds and related proceedings remain valid and incontestable.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5.6. Bonds for Improvement of a Portion of a District [4806 - 4809.3] ( Article 5.6 added by Stats. 1955, Ch. 707. ) ## 4809.2. No irregularities or informalities in conducting such election shall invalidate the same, if the election shall have otherwise been fairly conducted. Any action or proceedings, wherein the validity of the formation of the improvement district or of any bonds issued for it or of the proceedings in relation thereto is contested, questioned or denied, shall be commenced within three months from the date of such election; otherwise, said bonds and all proceedings in relation thereto, including the formation of the improvement district, shall be held to be valid and in every respect legal and incontestable. (Added by Stats. 1955, Ch. 707.) - 4809.3. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5.6. Bonds for Improvement of a Portion of a District [4806 - 4809.3] ( Article 5.6 added by Stats. 1955, Ch. 707. )
The county board of supervisors must levy an annual tax on the taxable real property in the improvement district to pay bond interest and due principal.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5.6. Bonds for Improvement of a Portion of a District [4806 - 4809.3] ( Article 5.6 added by Stats. 1955, Ch. 707. ) ## 4809.3. Bonds issued as bonds of the district for an improvement district therein and the interest thereon shall be paid by revenue derived exclusively from an annual tax upon the real property in the improvement district of such county sanitation district, and all the real property within the improvement district of such county sanitation district shall be and remain liable to be taxed for such payments. The board of supervisors of the county shall annually, at the time and in the manner of levying other county taxes, levy and cause to be collected a tax upon the taxable real property in the improvement district, based upon the last equalized assessment roll of the county sufficient to pay the interest on the bonds for that year and such portion of the principal as is to become due before the time for making the next general tax levy. Said bonds and the interest thereon shall not be taxable in this State. (Added by Stats. 1955, Ch. 707.) - 4810. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. )
The district board must give the board of supervisors and county auditor a written statement each year by August 1 showing the amount needed for bond interest and the part of principal due before the next general tax levy.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 4810. Annually, on or before the first day of August the district board shall furnish to the board of supervisors and the county auditor a written statement of the amount necessary to pay the interest on bonds for that year, and the portion of the principal that is to become due before the time for making the next general tax levy. (Amended by Stats. 1974, Ch. 208.) - 4811. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. )
The county board of supervisors must each year levy and collect a tax on the district’s taxable real property.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 4811. The board of supervisors of the county shall annually, at the time and in the manner of levying other county taxes, levy and cause to be collected a tax upon the taxable real property in the district, based upon the last equalized assessment roll of the county sufficient to pay the interest on the bonds for that year and such portion of the principal as is to become due before the time for making the next general tax levy. (Enacted by Stats. 1939, Ch. 60.) - 4812. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. )
If the district board does not provide the required written statement, the county board of supervisors must determine the needed amount and levy and collect it.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 4812. If the district board fails to furnish to the board of supervisors the written statement of the amount necessary, the board of supervisors of the county shall ascertain the amount necessary to pay the interest on the bonds for that year and the portion of the principal that is to become due before the time for making the next general tax levy, and shall levy and cause to be collected the necessary amount. (Enacted by Stats. 1939, Ch. 60.) - 4813. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. )
The county tax must be collected like the general county tax levy, paid into the county treasury for the district, and used only to pay bond principal and interest.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 4813. The tax shall be collected at the same time and in the same manner as the general tax levy for county purposes, and when collected shall be paid into the treasury of the county to the credit of the district, and shall be used for the payment of the principal and interest upon the bonds, and for no other purpose. (Enacted by Stats. 1939, Ch. 60.) - 4814. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. )
The county treasurer must pay the principal and interest on the bonds.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 4814. The principal and interest on the bonds shall be paid by the treasurer of the county in the manner now or hereafter provided by law for the payment of principal and interest on the bonds of the county. (Enacted by Stats. 1939, Ch. 60.) - 4815. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. )
The district board must give the county board of supervisors a written estimate in advance, and the county board must levy a separate tax to cover specified district costs.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 4815. In any year, at least 15 days before 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 by law for county purposes, the district board shall furnish to the board of supervisors a written statement of the amount necessary; (a) to maintain, operate, extend, or repair any work or improvements of the district, for the collection, treatment and disposal of sewage and to defray all other expenses incidental to the exercise of any of the district’s powers, except the amounts necessary to acquire, construct, maintain and operate a refuse transfer or disposal system, or both, and any other expenses incidental to the operation of said system and (b) to acquire, construct, operate and maintain any work or improvement of the district for a refuse transfer or disposal system, or both. The board of supervisors of the county shall, at the time and in the manner of levying other county taxes, levy separately and cause to be collected a tax upon the taxable real property in the district, based upon the last equalized assessment roll of the county sufficient to pay: (1) the cost of maintaining, operating, extending, or repairing any work or improvements of the district for the collection, treatment and disposal sewage and of defraying all other expenses incidental to the exercise of any of the district’s powers except those relating to the acquisition, construction, operation and maintenance of a refuse transfer or disposal system, or both, and (2) the cost of acquiring, constructing, operating and maintaining, extending or repairing a refuse transfer or disposal system, or both; provided, the latter levy shall be made only on the real property located in said refuse transfer or disposal system, or both. (Amended by Stats. 1957, Ch. 168.) - 4816. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. )
The tax must be levied and collected like the county general tax levy, and the revenue must be paid into the county treasury or a designated depository, with the district board controlling expenditures.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 4816. The tax shall be levied and collected at the same time and in the same manner as the general tax levy for county purposes, and the revenue derived from the tax shall be paid into the county treasury to the credit of the operating fund of the district, unless the board has designated a depository or depositories pursuant to Section 4730.5 or Section 4730.7 in which case the revenue shall be paid into the depository or depositories, as directed by the board, and the district board shall control and order its expenditure. (Amended by Stats. 1989, Ch. 789, Sec. 18.) - 4817. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. )
Claims for money or damages against the district follow specified Government Code claim procedures, with certain exceptions. Other claims must be prepared and presented to the governing body and then audited and paid like similar county claims.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 4817. Claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code, except as provided therein. Claims not governed thereby or by other statutes or by ordinances or regulations authorized by law and expressly applicable to such claims shall be prepared and presented to the governing body, and all claims shall be audited and paid, in the same manner and with the same effect as are similar claims against the county. (Amended by Stats. 1963, Ch. 1715.) - 4818. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. )
The district must pay the cost of preparing the engineer’s report, including compensation for engineers and other district employees, from its first available funds.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 4818. The cost of preparing the engineer’s report, including the compensation paid engineers and other employees of the district, is a charge against the district and shall be paid from the first available funds of the district. (Enacted by Stats. 1939, Ch. 60.) - 4819. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. )
A county sanitation district may advance certain initial post-formation costs to another district in the same county, up to $5,000, and the borrowing district must repay the money from its first available funds.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 4819. The cost of the engineer’s report, employees’ salaries, costs of engineering surveys, bond counsel fees, and other initial costs and expenses, not to exceed five thousand dollars ($5,000), incurred after formation of a district and prior to receipt of its first available funds, may be advanced by another county sanitation district or districts situated within the same county, upon such terms and conditions as may be agreed upon; said funds must be repaid by the borrowing district from its first available funds. (Added by Stats. 1957, Ch. 146.) - 4820. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. )
A county sanitation district board may create a cash difference fund, by resolution, if it is engaged in refuse disposal operations, and the fund may not exceed $100.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Finance and Taxation [4810 - 4820] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 4820. The board of directors of a county sanitation district engaging in refuse disposal operations may, by resolution, establish a cash difference fund in an amount not to exceed one hundred dollars ($100), in the same manner and by the same procedures as prescribed by Sections 29370 to 29379, inclusive, of the Government Code. (Added by Stats. 1959, Ch. 1334.) - 4830. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. )
Territory may be annexed to a county sanitation district if the directors or board of directors determine the annexation will benefit the territory.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4830. Territory, whether situated within the same or another county and whether incorporated or unincorporated, which is not included in any other county sanitation district or other district formed for similar purposes, may be annexed to a county sanitation district if the directors find and determine that the additional territory will be benefited by annexation. Notwithstanding the provisions of the preceding sentence, territory, whether situated within the same or another county and whether incorporated or unincorporated, which is included in any district, which district is not, at the time of the proposed annexation, performing similar services in the area proposed to be annexed, may be annexed to a county sanitation district if the board of directors finds and determines that the additional territory will be benefited by the annexation. The land proposed to be annexed need not consist of contiguous parcels nor be contiguous with the county sanitation district when such land is within the same county. When land proposed to be annexed is not within the same county such land shall be contiguous to the district. (Amended by Stats. 1967, Ch. 929.) - 4831. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. )
If the district already has a refuse transfer or disposal system, annexed territory becomes part of that system unless the district board makes an express finding that the territory would not benefit from inclusion.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4831. If a refuse transfer or disposal system of the district, or both, is in existence, any territory proposed to be annexed to the district shall be and become a part of said system unless an express finding is made by the district board that said territory proposed to be annexed will not be benefited by its inclusion in said system. (Amended by Stats. 1965, Ch. 2043.) - 4831.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. )
Property next to a sanitation district, even if it is in a different county, may be annexed to that district and any improvement district in it.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4831.5. Property contiguous to a sanitation district but which is situated in a county other than the county in which the sanitation district has been organized may be annexed to said sanitation district and to any improvement district therein. (Amended by Stats. 1965, Ch. 2043.) - 4832.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. )
If territory in another county is annexed to a district, the annexing county’s board of supervisors must appoint one of its members to the district’s board of directors.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4832.5. Whenever any territory in another county is annexed to a district it thereupon becomes a part of the district. The board of supervisors of the county in which is situated the annexing territory shall appoint one of its members to sit as a member of the board of directors of said district. All ordinances theretofore and thereafter adopted by the board of directors shall have full force and effect in all portions of the district regardless in which county the property is situated. (Amended by Stats. 1965, Ch. 2043.) - 4832.6. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. )
If a small territory in another county is annexed to the Selma-Kingsburg-Fowler County Sanitation District and the county board of supervisors consents, no supervisor from that county may become a district director.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4832.6. Notwithstanding the provisions of Section 4832.5, whenever territory of less than 50 acres in another county is annexed to the Selma-Kingsburg-Fowler County Sanitation District, and if the board of supervisors of the county in which the territory to be annexed is situated consents, no member of the board of supervisors of the county in which the territory to be annexed is situated shall become a member of the board of directors of the district. (Added by Stats. 1980, Ch. 339.) - 4833. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. )
This section sets the procedure for levying taxes for a sanitation district that spans more than one county.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4833. Taxes for a district which is situated in more than one county as provided in this article shall be levied in accordance with the following procedure: (a) The board of directors shall annually, before the time of fixing the general tax levy for county purposes, estimate the amount of money necessary to be raised by taxation to meet the requirements for operation, maintenance, and payment of principal and interest on outstanding bonds which will become payable before the proceeds of another tax levy made at the time of the next general tax levy for county purposes can be made available for payment of such operation, maintenance, principal and interest. (b) The total estimate shall be divided by the board of directors in proportion to the value of the real property of the district and any improvement district in each county. The value shall be determined from the equalized values of the last assessment rolls of the counties. When the division of the estimate has been made, the board of directors shall promptly certify to the boards of supervisors of the counties in which the district is situated the respective parts of the estimate apportioned to each county. (c) The board of supervisors of each county in which is situated any part of a district shall annually, at the time of levying county taxes, levy a tax upon all the property within the district or any improvement district situated in the county sufficient to raise the amount so certified to the board of supervisors by the board of directors. (d) The tax shall be collected by the same officers and in the same manner as other county taxes, and the money so collected shall be deposited in the county treasury of the county in which the original district was created and credited to the account of said district. (e) The treasurer of the county in which is situated the annexing territory shall at any time, but not oftener than twice a year, upon order of the board of directors, settle with the board of directors and pay over to the county treasurer, who is the repository of the funds of said district, all money in his possession belonging to said district. (Amended by Stats. 1961, Ch. 1975.) - 4834. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. )
Territory already in a county sanitation district may be annexed to an improvement district under Sections 4835 to 4839, and annexed territory then takes on the district’s liabilities and benefits.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4834. Territory already a part of a county sanitation district may be annexed to an improvement district of that county sanitation district under the procedure set forth in Sections 4835 to 4839, inclusive. Whenever territory is so annexed to an improvement district of a county sanitation district, the annexed territory shall be subject to all the liabilities and entitled to all the benefits of the improvement district. (Added by Stats. 1968, Ch. 39.) - 4835. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. )
The district board must adopt an annexation resolution that describes the territory, states the benefit, sets a hearing date between 15 and 60 days after adoption, and explains how interested persons may file written protests.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4835. The district board shall adopt a resolution initiating proceedings for annexation pursuant to Section 4834, which resolution shall contain all the following: (a) Set forth the exterior boundaries of the territory proposed for annexation. (b) State that the territory will be benefitted by annexation to the improvement district. (c) Fix a time, date, and place of hearing on the proposed annexation, which shall be not less than 15 days nor more than 60 days after the date of adoption of the resolution initiating proceedings. (d) State that any interested person desiring to make written protest against such annexation shall do so by written communication, containing the signature and street address of the protestant, filed with the clerk of the district not later than the hour set for hearing. (Added by Stats. 1968, Ch. 39.) - 4836. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. )
The district clerk must notify the hearing by mailing notice to affected landowners and publishing it in a county newspaper.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4836. The clerk of the district shall give notice of the hearing by mailing a copy of such notice to all landowners owning land within the territory proposed to be annexed, and by publishing notice thereof in at least two successive issues, not more than 30 nor less than 10 days prior to the hearing, in a newspaper of general circulation published in the county. (Added by Stats. 1968, Ch. 39.) - 4837. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. )
If the district board finds that written protests filed before the hearing ends exceed 50% of the land’s assessed value, the annexation must be abandoned.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4837. A majority protest shall be deemed to exist, and the proposed annexation shall be abandoned, if the district board shall find that written protests filed and not withdrawn prior to the conclusion of the hearing represent more than 50 percent of the assessed value of the land therein. (Added by Stats. 1968, Ch. 39.) - 4838. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. )
At the hearing, interested persons must be allowed to present evidence and testimony. A person who filed a written protest may withdraw it before the hearing ends. If no majority protest is filed, the district board must decide the annexation within 30 days after the hearing closes.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4838. At the hearing, all interested persons shall be given the opportunity to present evidence and testimony for or against the proposed annexation. Any person who shall have filed a written protest may withdraw the written protest at any time prior to the conclusion of the hearing. If a majority protest shall not have been filed, the district board, not later than 30 days after the conclusion of the hearing, shall adopt a resolution making one of the following determinations: (a) Disapproving the proposed annexation. (b) Approving the proposed annexation. (c) Approving the annexation, but excluding any lands which the board finds will not be benefitted by becoming a part of such improvement district. (Added by Stats. 1968, Ch. 39.) - 4839. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. )
If the district board approves an annexation, a certified copy of its resolution and a map or plat of the new district boundaries must be filed with the designated agencies.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Annexation [4830 - 4839] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4839. If the district board approves the proposed annexation, or approves the annexation but excludes any lands, a certified copy of the resolution of the district board, together with a map or plat of the new boundaries of the improvement district, shall be filed with the agencies designated in and as required by Sections 54900, 54901, and 54902 of the Government Code. Upon such filing, the annexation of the territory to the improvement district shall be effective. (Added by Stats. 1968, Ch. 39.) - 4840. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Joint Operation [4840 - 4843] ( Article 8 enacted by Stats. 1939, Ch. 60. )
Two or more sanitation districts may, after each district board adopts a resolution finding it advantageous, enter an agreement for joint administration and related services.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Joint Operation [4840 - 4843] ( Article 8 enacted by Stats. 1939, Ch. 60. ) ## 4840. Whenever two or more sanitation districts find and declare by resolution adopted by their respective district boards that it is for the interest or advantage of the districts to do so, the districts by their respective district boards may enter into an agreement for the maintenance of a centralized and joint administrative organization to care for the general administration of the affairs of each of the districts, and the construction, supervision, operation, and maintenance of the work of each of the districts, and for that purpose the districts may agree to employ the same engineers, surveyors, counsel, and other persons needed to carry out the purposes of the districts. Such agreement may also provide for participation by said sanitation districts in the State Employees’ Retirement System of the State of California and for the payment of apportionments of costs and the collection, receipt and distribution of pension payments by one district designated for the purpose and acting on behalf of all districts participating in the agreement in the same manner as provided by Sections 4841 and 4842 of this code. When the agreement so provides, the designated district shall have all the powers and perform all the duties of a public agency for the purposes of the State Employees’ Retirement Law, both in respect to the joint officers and employees of the participating districts and in respect to the officers and employees separately employed by the participating districts. (Amended by Stats. 1945, Ch. 490.) - 4841. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Joint Operation [4840 - 4843] ( Article 8 enacted by Stats. 1939, Ch. 60. )
The agreement must state how much each district will pay toward organizational costs and the compensation of jointly employed personnel.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Joint Operation [4840 - 4843] ( Article 8 enacted by Stats. 1939, Ch. 60. ) ## 4841. The agreement shall specify the proportionate amount to be paid by each district toward the costs and expenses of the organization and the salaries, wages, or other compensation of all persons employed jointly by the districts. (Enacted by Stats. 1939, Ch. 60.) - 4842. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Joint Operation [4840 - 4843] ( Article 8 enacted by Stats. 1939, Ch. 60. )
An agreement may allocate joint costs among districts, and the designated district must then pay the joint organization’s maintenance costs.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Joint Operation [4840 - 4843] ( Article 8 enacted by Stats. 1939, Ch. 60. ) ## 4842. For the purpose of facilitating the payment of the joint costs, expenses, salaries, wages, or other compensation, the agreement may also provide for the payment by each district of its proportionate share of the costs, expenses, salaries, wages, or other compensation, into the funds of any one of the districts which may be designated for the purpose, and the designated district shall thereafter pay all the costs, expenses, salaries, wages, or other compensation incurred by, or to be paid in connection with the maintenance of the joint organization. (Enacted by Stats. 1939, Ch. 60.) - 4843. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Joint Operation [4840 - 4843] ( Article 8 enacted by Stats. 1939, Ch. 60. )
The district may make contracts for sewer or wastewater works and related use with government bodies or private parties, if its legislative body decides it is in the district’s best interests.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Joint Operation [4840 - 4843] ( Article 8 enacted by Stats. 1939, Ch. 60. ) ## 4843. The district may contract with the Federal Government of the United States or any branch thereof, or with any county, city and county, municipal corporation, district or other public corporation or with any person, firm or corporation, for the joint acquisition or construction or use of any sewer or sewers or other works or facilities for the handling, treatment or disposal of sewage or industrial waste from the district and such other area as may be designated in said contract, when in the judgment of the legislative body of said district it is for the best interests of the district so to do. Any such contract may provide for the construction and maintenance of such sewer or sewers, or such other works or facilities, and for the payment by or for the parties thereto of such proportionate part of the cost of the acquisition, construction or maintenance of such sewer or sewers or other works or facilities as may be stated in said contract, the payments to be made at such times and in such amounts as may be provided by said contract. Any such contract may provide for the joint use of any sewer or sewers, works or facilities for the handling, treatment or disposal of sewage or industrial waste upon such terms and conditions as may be agreed upon by the parties thereto, and for the flowage, treatment or disposal of sewage or industrial waste from such area for each of the parties thereto as may be described in the contract. Any district which has acquired or constructed or which proposes to acquire or construct, any sewer or sewers, or works or other facilities for the handling, treatment or disposal of sewage or industrial waste, may contract with the Federal Government of the United States or any branch thereof, or with any county, city and county, municipal corporation, district or other public corporation or with any person, firm or corporation for the use of any such sewer or sewers, works or facilities by any such county, city and county, municipal corporation, district or other public corporation, or for the flowage, treatment or disposal of sewage or industrial waste from any area designated by such person, firm or corporation so contracting, upon such terms and conditions as may be provided in said contract. (Added by Stats. 1949, Ch. 843.) - 4850. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Special Zones [4850 - 4858] ( Article 9 added by Stats. 1968, Ch. 794. )
The district board may, by resolution, create zones within the district and change an existing zone’s boundaries by adding or removing property.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Special Zones [4850 - 4858] ( Article 9 added by Stats. 1968, Ch. 794. ) ## 4850. The district board may, by resolution, establish zones within the district, or amend the boundaries of an existing zone by annexing property to or by withdrawing property from such zone. (Added by Stats. 1968, Ch. 794.) - 4851. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Special Zones [4850 - 4858] ( Article 9 added by Stats. 1968, Ch. 794. )
A district board’s resolution to create a special zone must describe the zone, state the board’s findings and reasons, name the zone, and set a public hearing date and place.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Special Zones [4850 - 4858] ( Article 9 added by Stats. 1968, Ch. 794. ) ## 4851. The resolution declaring the intention to form a special zone shall describe the boundaries of the proposed zone, declare that the district board finds that the area within the proposed zone will be benefited by the maintenance and operation of facilities within the zone and that the public interest and necessity demands its creation, and state the reasons therefor and the name of the proposed zone, and set the time and place for a public hearing on the question of the creation of the zone. (Added by Stats. 1968, Ch. 794.) - 4852. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Special Zones [4850 - 4858] ( Article 9 added by Stats. 1968, Ch. 794. )
A resolution to annex territory to an existing zone must describe the proposed boundaries, state the district board’s benefit finding, and set a public hearing time and place.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Special Zones [4850 - 4858] ( Article 9 added by Stats. 1968, Ch. 794. ) ## 4852. The resolution declaring the intention to annex territory to an existing zone shall describe the boundaries of the proposed annexation, declare that the district board finds that the additional territory will be benefited by the maintenance and operation of facilities in the zone, and set the time and place for a public hearing on the question of the annexation. (Added by Stats. 1968, Ch. 794.) - 4853. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Special Zones [4850 - 4858] ( Article 9 added by Stats. 1968, Ch. 794. )
A hearing notice must be published in a county newspaper of general circulation once a week for two successive weeks, and the publication must occur 10 to 30 days before the hearing.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Special Zones [4850 - 4858] ( Article 9 added by Stats. 1968, Ch. 794. ) ## 4853. Notice of a hearing shall be given by publication at least once a week for two successive weeks, not more than 30 nor less than 10 days prior to the hearing in a newspaper of general circulation published within the county. (Added by Stats. 1968, Ch. 794.) - 4854. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Special Zones [4850 - 4858] ( Article 9 added by Stats. 1968, Ch. 794. )
An interested person may file a written objection with the district board before or at the hearing, and the board must hear all protests and objections.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Special Zones [4850 - 4858] ( Article 9 added by Stats. 1968, Ch. 794. ) ## 4854. Any interested person, at or before the hearing, may file with the district board a written objection to the creation of the zone or to the inclusion of his property in it. At the hearing the district board shall hear and pass upon all protests and objections. At the conclusion of the hearing, the district board may order that the zone shall be formed or the boundaries of an existing zone be amended, as described in the original resolution, or that any or all properties within such boundaries will not be benefited and shall be excluded. (Added by Stats. 1968, Ch. 794.) - 4855. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Special Zones [4850 - 4858] ( Article 9 added by Stats. 1968, Ch. 794. )
A copy of the zone-formation or boundary-amendment resolution must be filed with the county assessor, who must then separate the zone’s property on the assessment roll under the resolution’s designation.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Special Zones [4850 - 4858] ( Article 9 added by Stats. 1968, Ch. 794. ) ## 4855. A copy of the resolution ordering the formation of the zone, or amending the boundaries of an existing zone, shall be filed in the office of the county assessor, and the county assessor shall thereafter, in making the assessment roll, segregate the property included within such zone on the assessment roll under the designation contained in the resolution. (Added by Stats. 1968, Ch. 794.) - 4856. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Special Zones [4850 - 4858] ( Article 9 added by Stats. 1968, Ch. 794. )
Each year, before the county tax rate is fixed, the district board must give the board of supervisors a written statement of the tax revenue needed to maintain and operate work or improvements in the zone.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Special Zones [4850 - 4858] ( Article 9 added by Stats. 1968, Ch. 794. ) ## 4856. The district board shall thereafter in each year, prior to the time of fixing the county tax rate, furnish to the board of supervisors a written statement of the amount of tax revenue necessary to maintain and operate any work or improvements within the zone. (Added by Stats. 1968, Ch. 794.) - 4857. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Special Zones [4850 - 4858] ( Article 9 added by Stats. 1968, Ch. 794. )
The board of supervisors must set and levy a special tax and special assessment each year on real property in the zone.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Special Zones [4850 - 4858] ( Article 9 added by Stats. 1968, Ch. 794. ) ## 4857. The board of supervisors shall fix a special tax rate and levy a special assessment tax each year upon the real property in such zone, based upon the last equalized assessment roll of the county, sufficient to pay such expenses or the portion thereof which must be paid by the zone. (Added by Stats. 1968, Ch. 794.) - 4858. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Special Zones [4850 - 4858] ( Article 9 added by Stats. 1968, Ch. 794. )
A district board may abolish a special zone or withdraw territory from it by resolution, but only after a hearing and if the board finds the area is no longer benefited by the zone’s facilities.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 9. Special Zones [4850 - 4858] ( Article 9 added by Stats. 1968, Ch. 794. ) ## 4858. Any special zone may be abolished or territory withdrawn therefrom by resolution of the district board, after hearing held in the manner provided for in this article for the original creation of the zone or annexations thereto, whenever the district board finds that the area proposed for abolition or withdrawal is no longer benefited by the maintenance and operation of facilities within the zone. (Added by Stats. 1968, Ch. 794.) - 4859. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 10. Santa Clarita Valley Sanitation District [4859- 4859.] ( Article 10 added by Stats. 2015, Ch. 342, Sec. 1. )
This section exempts certain Santa Clarita Valley Sanitation District meetings from paragraph (4) of Government Code Section 54954 when the meetings involve policy decisions about a TMDL for any pollutant.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 10. Santa Clarita Valley Sanitation District [4859- 4859.] ( Article 10 added by Stats. 2015, Ch. 342, Sec. 1. ) ## 4859. (a) Paragraph (4) of subdivision (b) of Section 54954 of the Government Code does not apply to the regular and special meetings of the Santa Clarita Valley Sanitation District where decisions are being made upon policy items relating to a total maximum daily load (TMDL) of any pollutant. (b) For purposes of this section, “meetings” has the same definition as that term is defined in Section 54952.2 of the Government Code. (Added by Stats. 2015, Ch. 342, Sec. 1. (AB 951) Effective January 1, 2016.) - 4860. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4860 - 4866] ( Article 1 enacted by Stats. 1939, Ch. 60. )
This chapter may be cited as the Sewer Maintenance District Act.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4860 - 4866] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4860. This chapter shall be known and may be cited as the sewer maintenance district act. (Enacted by Stats. 1939, Ch. 60.) - 4861. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4860 - 4866] ( Article 1 enacted by Stats. 1939, Ch. 60. )
In this chapter, “District” means a sewer maintenance district formed under this chapter or under a law it replaces.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4860 - 4866] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4861. “District,” as used in this chapter, means a sewer maintenance district formed pursuant to this chapter or pursuant to any law which it supersedes. (Enacted by Stats. 1939, Ch. 60.) - 4862. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4860 - 4866] ( Article 1 enacted by Stats. 1939, Ch. 60. )
In this chapter, “Board” means the county board of supervisors for the county where the district is formed or proposed.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4860 - 4866] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4862. “Board,” as used in this chapter, means the board of supervisors of the county in which a district is formed, or in which it is proposed to form a district. (Enacted by Stats. 1939, Ch. 60.) - 4863. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4860 - 4866] ( Article 1 enacted by Stats. 1939, Ch. 60. )
This section defines “Clerk” for this chapter as the clerk of the board of supervisors.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4860 - 4866] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4863. “Clerk,” as used in this chapter, means the clerk of the board of supervisors. (Enacted by Stats. 1939, Ch. 60.) - 4864. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4860 - 4866] ( Article 1 enacted by Stats. 1939, Ch. 60. )
This chapter does not repeal laws organizing sanitary districts or county sanitation districts, and it does not let a sewer maintenance district’s governing body manage or interfere with sewers controlled by those districts.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4860 - 4866] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4864. This chapter does not repeal any law providing for the organization of sanitary districts or county sanitation districts nor authorize the governing body of a sewer maintenance district to manage, control, or otherwise interfere with the maintenance or repair of any sewers under the control of a sanitary district or county sanitation district. (Enacted by Stats. 1939, Ch. 60.) - 4866. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4860 - 4866] ( Article 1 enacted by Stats. 1939, Ch. 60. )
This section defines “sewers” for this chapter to include lateral and collecting sewers, septic tanks, and other ways of handling, gathering, and disposing of sewage in the district.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4860 - 4866] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4866. “Sewers” as used in this chapter includes lateral and collecting sewers, septic tanks and all other means of handling, gathering and disposing of sewage in the district. (Added by Stats. 1943, Ch. 765.) - 4870. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4870 - 4878] ( Article 2 enacted by Stats. 1939, Ch. 60. )
A county area with installed lateral or collecting sanitary sewers may be formed into a sewer maintenance district, but city territory can be included only if the city’s governing body first consents.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4870 - 4878] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4870. Any portion of the territory of a county, whether incorporated or unincorporated, in which lateral or collecting sanitary sewers have been installed, for the maintenance and repair of which provision is not otherwise made, may be formed into a district, except that no portion of any city shall be included within such a district unless consent of the governing body of the city is first obtained. (Amended by Stats. 1955, Ch. 167.) - 4871. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4870 - 4878] ( Article 2 enacted by Stats. 1939, Ch. 60. )
County boards of supervisors may decide by resolution to form part of an unincorporated area into a sewer maintenance district if it is not already in one.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4870 - 4878] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4871. The board of supervisors of any county may determine by resolution that any portion of the unincorporated area of the county not already included in a district is in need of sewer maintenance and should be formed into a district. (Enacted by Stats. 1939, Ch. 60.) - 4872. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4870 - 4878] ( Article 2 enacted by Stats. 1939, Ch. 60. )
The board must set a time and place to hear the proposal to form a district.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4870 - 4878] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4872. The board shall fix a time and place to hear the proposal to form a district. (Enacted by Stats. 1939, Ch. 60.) - 4873. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4870 - 4878] ( Article 2 enacted by Stats. 1939, Ch. 60. )
The board must direct the clerk to give notice of the hearing, and the notice must include a specified heading, the hearing time and place, and the exterior boundaries of the proposed district.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4870 - 4878] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4873. The board shall direct the clerk to give notice of the hearing. The notice shall have the heading “Notice of the proposed formation of ____ sewer maintenance district”, stating the name of the proposed district. It shall: (a) State the time and place for the hearing. (b) Set forth the exterior boundaries of the territory proposed to be organized into a district. (Enacted by Stats. 1939, Ch. 60.) - 4874. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4870 - 4878] ( Article 2 enacted by Stats. 1939, Ch. 60. )
The board must direct the clerk to publish notice once a week for two successive weeks in a newspaper the board thinks is most likely to notify the proposed district’s inhabitants.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4870 - 4878] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4874. The board shall direct the clerk to publish the notice once a week for two successive weeks in the newspaper of general circulation circulated in the territory which it is proposed to organize into a district that the board deems most likely to give notice to the inhabitants of the proposed district. (Enacted by Stats. 1939, Ch. 60.) - 4875. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4870 - 4878] ( Article 2 enacted by Stats. 1939, Ch. 60. )
The board must direct the clerk to post the hearing notice in three public places in the proposed district at least 10 days before the hearing, and the posted notice heading must be at least one inch high.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4870 - 4878] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4875. The board shall also direct the clerk to post the notice in three public places in the proposed district at least 10 days prior to the date set for the hearing. The heading of each posted notice shall be in letters of not less than one inch in height. (Enacted by Stats. 1939, Ch. 60.) - 4876. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4870 - 4878] ( Article 2 enacted by Stats. 1939, Ch. 60. )
Any interested person may file written objections with the clerk before the hearing time fixed for formation of the proposed district.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4870 - 4878] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4876. At any time prior to the time fixed for the hearing any interested person may file with the clerk written objections to the formation of the proposed district. (Enacted by Stats. 1939, Ch. 60.) - 4877. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4870 - 4878] ( Article 2 enacted by Stats. 1939, Ch. 60. )
The board must consider and decide on all written objections filed at the hearing, including any continued hearing.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4870 - 4878] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4877. At the time and place fixed for the hearing or at any time to which the hearing is continued, the board shall consider and pass on all written objections filed. (Enacted by Stats. 1939, Ch. 60.) - 4878. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4870 - 4878] ( Article 2 enacted by Stats. 1939, Ch. 60. )
If the board overrules formation objections, it must hear objectors, may exclude unbenefited territory, may abandon the proposed district, or may form it with boundaries as noticed or as modified at the hearing, but it cannot expand boundaries beyond the notice.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4870 - 4878] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4878. If the board overrules the objections to the formation it shall hear any person objecting to the inclusion in the proposed district of any particular territory and may, upon the hearing, exclude any territory that would not be benefited by inclusion. At the conclusion of the hearing the board may by resolution abandon the proposed formation of the district, or it may form the district and fix its boundaries either as set forth in the notice or as modified upon the hearing. The boundaries shall not be changed to include any territory outside the boundaries described in the notice. (Enacted by Stats. 1939, Ch. 60.) - 4879. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.3. Inclusion in County Sanitation District [4879 - 4880] ( Article 2.3 added by Stats. 1947, Ch. 1367. )
A district organized under this act may join a county sanitation district if the county board of supervisors approves the inclusion after a hearing and the district’s governing body consents by resolution with a four-fifths vote.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.3. Inclusion in County Sanitation District [4879 - 4880] ( Article 2.3 added by Stats. 1947, Ch. 1367. ) ## 4879. Any district organized under the provisions of this act may become a part of a county sanitation district after the board of supervisors of the county within which the district is located, has, after a hearing, pursuant to the County Sanitation District Act, found and determined by resolution duly adopted that such inclusion is for the best interest of the district and the governing body of the district consents thereto by resolution adopted by the affirmative vote of four-fifths of its members. (Added by Stats. 1947, Ch. 1367.) - 4880. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.3. Inclusion in County Sanitation District [4879 - 4880] ( Article 2.3 added by Stats. 1947, Ch. 1367. )
A district that becomes part of the county sanitation district is not dissolved and may keep operating as before, unless Part 1 of Division 6 says otherwise.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.3. Inclusion in County Sanitation District [4879 - 4880] ( Article 2.3 added by Stats. 1947, Ch. 1367. ) ## 4880. A district which becomes a part of the county sanitation district as hereinabove provided for is not thereby dissolved, but may continue to function, except as otherwise provided in Part 1 of Division 6 of this code, in the same manner as heretofore. (Added by Stats. 1947, Ch. 1367.) - 4885. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers and Powers [4885 - 4889] ( Article 3 enacted by Stats. 1939, Ch. 60. )
The board governs the district and may make and enforce rules needed to run the district and maintain its lateral and collecting sewers.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers and Powers [4885 - 4889] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4885. The board is the governing body of the district and may make and enforce all rules and regulations necessary for the administration and government of the district and for the cleaning, repair, reconstruction, renewal, replacement, operation, and maintenance of lateral and collecting sewers in it. (Added by Stats. 1986, Ch. 195, Sec. 38.) - 4886. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers and Powers [4885 - 4889] ( Article 3 enacted by Stats. 1939, Ch. 60. )
The board may acquire, own, control, manage, and dispose of property needed for the chapter’s purposes, and may do whatever is necessary to carry out those purposes.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers and Powers [4885 - 4889] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4886. The board may acquire by gift, condemnation, purchase, or otherwise in the name of the county, and own, control, manage, and dispose of, real and personal property necessary or convenient for the purposes of this chapter, and may perform all of the acts necessary or proper to accomplish such purposes. (Amended by Stats. 1959, Ch. 1439.) - 4887. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers and Powers [4885 - 4889] ( Article 3 enacted by Stats. 1939, Ch. 60. )
The board may appoint the county surveyor to supervise sewer work and may make contracts for water and sewage disposal.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers and Powers [4885 - 4889] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4887. The board may appoint the county surveyor to supervise the work of cleaning, repairing, reconstructing, renewing, replacing, operating, and maintaining the sewers and their appurtenances and may enter into contracts for the purchase of water to be used in flushing the sewers and for the disposal of sewage collected in the district. (Enacted by Stats. 1939, Ch. 60.) - 4887.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers and Powers [4885 - 4889] ( Article 3 enacted by Stats. 1939, Ch. 60. )
The board may change a district’s name by resolution, and the clerk must file a certified copy of the resolution with the county assessor and the State Board of Equalization.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers and Powers [4885 - 4889] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4887.5. The board may by resolution change the name of any district to conform with a change in the street name or other designation which the district bears. The clerk shall file in the office of the county assessor and with the State Board of Equalization a certified copy of every such resolution, and upon such filing the name of the district shall be changed for all purposes. (Added by Stats. 1953, Ch. 694.) - 4889. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers and Powers [4885 - 4889] ( Article 3 enacted by Stats. 1939, Ch. 60. )
A district board may dissolve itself by a 4/5 vote if the district borders a city and that city already operates and maintains all district facilities under contract.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers and Powers [4885 - 4889] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4889. If a district has a boundary which is contiguous to a boundary of a city and the district has a contract with that city under which the city is responsible for the operation and maintenance of all facilities of the district, the governing board of the district may, by a resolution adopted by a 4/5 vote of the board, declare the board dissolved and thereafter the governing body of the city shall be ex officio the governing board of the district. (Added by Stats. 1965, Ch. 588.) - 4890. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Finances and Taxation [4890 - 4894.1] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The clerk must file certified copies of certain board resolutions with the county assessor, and the county assessor must then separate district property on the assessment roll.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Finances and Taxation [4890 - 4894.1] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4890. The clerk shall file in the office of the county assessor a certified copy of each resolution of the board that affects a district in any of the following ways: (a) Establishes it. (b) Annexes territory to it. (c) Withdraws territory from it. (d) Dissolves it. The county assessor shall thereafter in making up the assessment roll segregate on it the property included in the district. (Amended by Stats. 1949, Ch. 699.) - 4891. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Finances and Taxation [4890 - 4894.1] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The board may levy an annual tax on district real property to pay sewer maintenance, district maintenance, repairs, and other authorized expenses.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Finances and Taxation [4890 - 4894.1] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4891. The board may levy a tax each year upon the real property in the district sufficient to defray the cost of maintaining, operating, and repairing the sewers in the district, of maintaining the district, and of meeting such other expenditures as are authorized by this chapter. The amount of taxes to be collected from the levy made upon property located within the incorporated area of a city may be paid in whole by the city, if the city elects to make such payment as provided in Section 4892.1. If a district is divided into zones, the board of supervisors may determine what portion of the amount of money to be secured from the levy of taxes shall be secured from each zone within the district. (Amended by Stats. 1969, Ch. 782.) - 4891.1. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Finances and Taxation [4890 - 4894.1] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A sewer maintenance district’s annual tax levy may include a contingency reserve, capped at 10% of the total levy.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Finances and Taxation [4890 - 4894.1] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4891.1. The annual tax levy may include a reserve for contingencies not to exceed 10 percent of the total levy. The contingency reserve shall be available for expenditure during the fiscal year for which the levy was made for necessary expenses of the district for which no specific appropriation has been made. The board may provide for the cancellation of the contingency reserve at the end of each fiscal year and for the establishment of such reserve as a specific appropriation or reserve or both or may carry it forward as encumbered surplus and add to it. (Added by Stats. 1961, Ch. 158.) - 4892. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Finances and Taxation [4890 - 4894.1] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The tax must be levied and collected like general county taxes, then paid into the county treasury and used only for the chapter’s purposes.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Finances and Taxation [4890 - 4894.1] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4892. The tax shall be levied and collected at the same time and in the same manner as general county taxes levied for county purposes and when collected shall be paid into the county treasury to the credit of the maintenance fund of the district and shall be used only in furtherance of the purposes of this chapter. (Enacted by Stats. 1939, Ch. 60.) - 4892.1. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Finances and Taxation [4890 - 4894.1] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A city within a sewer maintenance district may choose to pay the district taxes from municipal funds instead of providing sewer maintenance service, but it must do so by order and follow the approval and filing steps.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Finances and Taxation [4890 - 4894.1] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4892.1. On or before the first day of July the governing body of any city, the area of which, in whole or in part, is included within one or more sewer maintenance districts, may elect to pay out of municipal funds, in lieu of providing sewer maintenance service to such territory, the whole of the amount of taxes which will be levied for district purposes for the fiscal year commencing upon said first day of July upon property located within such city. The election shall be made by the adoption of an order reciting that the city, pursuant to this section, elects to pay the whole of the amount of taxes which will be levied by said district or districts upon property located within the incorporated limits of the city and stating the time and manner in which payment shall be made. Upon the adoption of the order a certified copy of the same shall be presented to the governing body of the district or districts for approval. If the governing body of the district or districts is satisfied that the financial condition of the city reasonably will assure such payment and if the time and manner of payment is acceptable, the governing body of the district or districts shall by order approve the city’s election to pay taxes. Immediately upon the adoption of the order approving the city’s election to pay the taxes, certified copies of each order shall be filed with the county auditor, county assessor and county tax collector. Thereafter, if the whole of the taxes which are levied on property within the city is to be paid by the city, the county auditor shall not extend the district tax on such property. If the payment made by any city shall exceed the amount of district taxes which have been levied against property within the city, the amount of such excess without interest shall be refunded to the city prior to the close of the fiscal year for which the payment was made. Any election to pay taxes pursuant to this section shall be effective only for the fiscal year for which made. (Added by Stats. 1961, Ch. 158.) - 4893. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Finances and Taxation [4890 - 4894.1] ( Article 4 enacted by Stats. 1939, Ch. 60. )
If a district is organized too late to levy taxes, the board may move unused county funds into the district’s maintenance fund, and later must add enough to the tax levy to repay the county.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Finances and Taxation [4890 - 4894.1] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4893. If a district is organized in any year too late for the levy of a tax in that year or in the next ensuing year, the board is hereby authorized to transfer funds of the county not immediately needed for county purposes to the maintenance fund of the district to be used for the payment of the expenses of such district until such time as special assessment tax receipts are available therefor. The board shall include in the levy of taxes for the district for the first fiscal year in which a tax may be levied, a sum sufficient to repay to the county the amounts so transferred to the district for the portion or portions of the preceding fiscal year or years for which no levy of taxes was made for that purpose and the amounts so transferred shall be retransferred to the county treasury from the maintenance fund of the district out of the first available receipts from the tax levy. (Added by Stats. 1947, Ch. 599.) - 4894. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Finances and Taxation [4890 - 4894.1] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A county may lend available funds to a county sewer maintenance district, but only under a board resolution and within repayment limits.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Finances and Taxation [4890 - 4894.1] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4894. Pursuant to a resolution adopted by its board of supervisors, a county may lend any of its available funds to a county sewer maintenance district located wholly within the county for use by the district in emergency situations for the construction, reconstruction, and repair of sewer systems, for replacement of obsolete equipment, or to defray unusual maintenance costs within the district. Any such loan may be restricted for use in a temporary zone formed under the provisions of Section 4894.1 in a district. The loan shall not exceed 100 percent of the total revenues of the district or zone for the year in which the loan is made. The board of supervisors in the resolution shall specify the date and manner in which the funds shall be repaid. The resolution may provide for the payment of interest on the loan and the loan shall be repaid at the times and in the manner specified in the resolution which time shall not in any event exceed 10 years. Funds so loaned shall be deemed to have been appropriated by the district or temporary zone in a district for the purposes for which the loan was made. Any area of a district, or of a temporary zone in a district, which is included in a city by annexation or incorporation after a loan has been made shall continue to be taxed for the repayment of its proportionate part of the unpaid balance of the loan. If a zone is formed to be responsible for the loan, the board of supervisors shall, in the first fiscal year in which a special tax may be levied in said zone, and in each succeeding year of the duration of the zone, levy a special tax upon the taxable property in the zone for the purpose of repaying the amount lent to the district by the county. When the loan has been repaid, the zone shall terminate. The board may also borrow funds from another sewer maintenance district, and the board may lend available district funds to another sewer maintenance district, subject to the same terms and conditions as apply to loans of county funds. (Amended by Stats. 1982, Ch. 361, Sec. 1.) - 4894.1. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Finances and Taxation [4890 - 4894.1] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The board of supervisors may divide a sewer maintenance district into tax assessment zones, but only under the stated resolution procedure and only if the required findings are made.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Finances and Taxation [4890 - 4894.1] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4894.1. When the board of supervisors has so declared in its resolution of intention to order the formation of a sewer maintenance district or any annexation thereto, the board of supervisors may, in its resolution ordering the formation of a sewer maintenance district or any annexation thereto, order the district divided into tax assessment zones. Tax assessment zones may be formed at a time other than at the formation of the district or any annexation thereto if pursuant to the same procedure of resolution, notice, and hearing as are applicable under this chapter to the annexation of territory. No district shall be divided into zones unless the board of supervisors finds that a tax assessment zone requires special services or special facilities in addition to those provided generally by the sewer maintenance district or the replacement of obsolete facilities or equipment, and that the tax levy is commensurate with the special benefits to be provided in the zone. The boundaries of tax assessment zones may be changed or a zone may be dissolved in the same manner that a zone may be formed in an existing district. (Added by Stats. 1969, Ch. 782.) - 4895. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [4895 - 4903] ( Article 5 enacted by Stats. 1939, Ch. 60. )
Outlying territory may be annexed to a district, but any part of a city may be annexed only if the city’s governing body first consents.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [4895 - 4903] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4895. Outlying territory, whether incorporated or unincorporated, and whether contiguous or not, may be annexed to a district as provided in this article, except that no portion of any city shall be annexed unless consent of the governing body of the city is first obtained. (Amended by Stats. 1955, Ch. 167.) - 4896. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [4895 - 4903] ( Article 5 enacted by Stats. 1939, Ch. 60. )
The board may set, by resolution, a time and place for a hearing on annexing territory to a district, and the resolution must describe the territory’s boundaries.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [4895 - 4903] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4896. The board may by resolution fix a time and place for a hearing upon the question of the annexation of territory to a district. The resolution shall describe the boundaries of the territory proposed to be annexed. (Enacted by Stats. 1939, Ch. 60.) - 4897. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [4895 - 4903] ( Article 5 enacted by Stats. 1939, Ch. 60. )
The hearing date for a proposed annexation must be set at least three weeks after the resolution setting the hearing is adopted.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [4895 - 4903] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4897. The date set for the hearing on the proposed annexation shall be at least three weeks after the date of the adoption of the resolution setting the hearing. (Enacted by Stats. 1939, Ch. 60.) - 4898. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [4895 - 4903] ( Article 5 enacted by Stats. 1939, Ch. 60. )
The board must post hearing notices in at least three conspicuous places in the territory to be annexed and in at least three conspicuous places in the district.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [4895 - 4903] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4898. The board shall cause notices of the hearing to be posted in at least three conspicuous places in the territory proposed to be annexed and in at least three conspicuous places in the district. However, if the territory proposed to be annexed is in more than one existing district the notices shall be posted in at least three conspicuous places in each district in which is situated any of the territory proposed to be annexed. (Enacted by Stats. 1939, Ch. 60.) - 4899. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [4895 - 4903] ( Article 5 enacted by Stats. 1939, Ch. 60. )
The notices for an annexation hearing must have a specific heading, include required hearing and territory details, be posted at least 10 days before the hearing, and the board must direct additional newspaper publication.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [4895 - 4903] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4899. The notices shall be headed “notice of hearing” in letters not less than one inch in height and shall contain a description of the territory proposed to be annexed and a statement of the time and place of the hearing. In lieu of the description the boundaries of territory proposed to be annexed may be shown by means of a diagram printed upon the notice. The notices shall be posted not less than ten days prior to the date set for the hearing. In addition to the notices the board shall direct its clerk to publish a notice once a week for two successive weeks in the newspaper of general circulation circulated in the district and another in the territory proposed to be annexed that the board deems most likely to give notice of the hearing to the inhabitants of each. (Enacted by Stats. 1939, Ch. 60.) - 4900. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [4895 - 4903] ( Article 5 enacted by Stats. 1939, Ch. 60. )
The board must hear and decide the annexation proposal and any objections, and it may decide the territory will benefit from annexation and change district boundaries to include it.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [4895 - 4903] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4900. At the time fixed for the hearing or at any time to which it is continued the board shall hear and pass upon the proposal and any objections that may be filed to the inclusion of any property in the proposed annexation. The board may, by order entered upon its minutes, determine that the territory proposed to be annexed or any part will be benefited by annexation and may order that the boundaries of the district be altered to include that territory. (Enacted by Stats. 1939, Ch. 60.) - 4901. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [4895 - 4903] ( Article 5 enacted by Stats. 1939, Ch. 60. )
When annexed territory is part of another district, it must be withdrawn from that other district once the annexation is complete.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [4895 - 4903] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4901. If the territory annexed to the district comprises a portion of another district formed under the provisions of this chapter, or under the provisions of Chapter 26 (commencing at Section 5820), Part 3, Division 7 of the Streets and Highways Code, upon the annexation becoming complete the territory shall thereupon be withdrawn from the district of which it theretofore formed a part. (Amended by Stats. 1957, Ch. 772.) - 4902. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [4895 - 4903] ( Article 5 enacted by Stats. 1939, Ch. 60. )
If annexed territory includes all of another district, that district is dissolved and its funds and obligations move to the annexing district.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [4895 - 4903] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4902. If the territory annexed to the district comprises all of another district, formed under the provisions of this chapter, or under the provisions of Chapter 26 (commencing at Section 5820), Part 3, Division 7 of the Streets and Highways Code, the theretofore existing district is thereupon dissolved. The funds of the dissolved district shall be transferred to the district to which all its territory has been annexed and all contracts or obligations of the dissolved district become the obligations of the district to which the territory has been annexed. (Amended by Stats. 1959, Ch. 151.) - 4903. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [4895 - 4903] ( Article 5 enacted by Stats. 1939, Ch. 60. )
A territory’s exclusion from one district and annexation to another does not take effect until outstanding contracts end or are modified/canceled, and remaining funds are apportioned.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [4895 - 4903] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 4903. The exclusion of territory from one district and its annexation to another district shall not be effective until all outstanding contracts of the district from which it is excluded have expired or the contracts, with the consent of the parties, have been modified or canceled so as to relieve the district of further obligation to pay for future maintenance in the territory excluded, and until the funds remaining on hand upon the completion of the exclusion and annexation have been apportioned between the district to which the territory was annexed and the district from which it was excluded. The division of the funds shall be prorated in the proportion that the assessed value of the real property of the territory so excluded bore to the total assessed value of the real property in the district immediately prior to the exclusion. (Enacted by Stats. 1939, Ch. 60.) - 4905. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Exclusion [4905 - 4911] ( Article 6 enacted by Stats. 1939, Ch. 60. )
A district portion that will not be benefited by staying in the district may be excluded under this article.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Exclusion [4905 - 4911] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 4905. Any portion of a district that will not be benefited by remaining in the district may be excluded as provided in this article. (Enacted by Stats. 1939, Ch. 60.) - 4906. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Exclusion [4905 - 4911] ( Article 6 enacted by Stats. 1939, Ch. 60. )
A petition to exclude territory from a sewer maintenance district must be signed by enough freeholders and must state that the territory will not be benefited by staying in the district.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Exclusion [4905 - 4911] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 4906. A petition to exclude territory shall be signed by 50 or more freeholders in the portion proposed to be excluded from the district, or by a majority of the freeholders, if there are less than one hundred freeholders in the portion proposed to be excluded. The petition shall request the exclusion of that territory from the district on the ground that it will not be benefited by remaining in the district. (Enacted by Stats. 1939, Ch. 60.) - 4906.1. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Exclusion [4905 - 4911] ( Article 6 enacted by Stats. 1939, Ch. 60. )
The board may set a hearing by resolution to consider excluding part of a district that would not benefit from staying in the district.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Exclusion [4905 - 4911] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 4906.1. As an alternative to the procedure outlined in Section 4906, the board may by resolution entered in its minutes fix a time for a hearing on the question of the exclusion of any portion of a district which will not be benefited by remaining in the district. The time fixed for the hearing shall not be less than 15 or more than 30 days from and after passage of the resolution. (Added by Stats. 1955, Ch. 167.) - 4907. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Exclusion [4905 - 4911] ( Article 6 enacted by Stats. 1939, Ch. 60. )
When the board receives a petition to exclude territory, it must set a hearing time and hear protests, with the hearing scheduled 15 to 30 days after receipt.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Exclusion [4905 - 4911] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 4907. Upon receiving a petition to exclude territory the board shall fix a time for hearing it and for hearing protests to the continuance of the remaining territory as a district. The time of hearing shall not be less than fifteen nor more than thirty days after the receipt of the petition. (Enacted by Stats. 1939, Ch. 60.) - 4908. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Exclusion [4905 - 4911] ( Article 6 enacted by Stats. 1939, Ch. 60. )
The board must publish notice of the hearing at least 10 days before the time fixed, by one insertion in a newspaper circulated in the district.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Exclusion [4905 - 4911] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 4908. At least ten days prior to the time fixed, the board shall publish a notice of the hearing by one insertion in the newspaper circulated in the district that the board deems most likely to give notice to the district’s inhabitants of the proposed exclusion. (Enacted by Stats. 1939, Ch. 60.) - 4909. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Exclusion [4905 - 4911] ( Article 6 enacted by Stats. 1939, Ch. 60. )
Interested persons may appear at the hearing and object, and the board must consider and decide those objections.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Exclusion [4905 - 4911] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 4909. Any person interested may appear at the hearing and object to the exclusion of the territory from the district, or may object to the continuance of the remaining territory as a district, and the board shall consider all objections and shall pass upon them. (Enacted by Stats. 1939, Ch. 60.) - 4910. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Exclusion [4905 - 4911] ( Article 6 enacted by Stats. 1939, Ch. 60. )
If the board makes the required findings, it must re-establish the district by resolution and exclude the territory found not benefited by staying in the district.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Exclusion [4905 - 4911] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 4910. If the board finds that the territory proposed to be excluded will not be benefited by remaining in the district, and that the territory not proposed to be excluded will be benefited by continuing as a district, it shall by resolution declare the district re-established excluding therefrom the territory found not benefited by remaining in the district. (Amended by Stats. 1955, Ch. 167.) - 4911. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Exclusion [4905 - 4911] ( Article 6 enacted by Stats. 1939, Ch. 60. )
If territory is excluded from the district, property acquired for the district stays vested in the county and must be used for the district’s purposes.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Exclusion [4905 - 4911] ( Article 6 enacted by Stats. 1939, Ch. 60. ) ## 4911. Upon the exclusion of any territory from the district all property acquired for the district shall remain vested in the county and be used for the purposes of the district. (Enacted by Stats. 1939, Ch. 60.) - 4915. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. )
The board may dissolve a district under the procedures in this chapter.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4915. A district may be dissolved by the board as provided in this chapter. (Enacted by Stats. 1939, Ch. 60.) - 4916. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. )
A dissolution petition may be filed with the board if it is signed by the required number of freeholders and residents, or the board may start dissolution by resolution.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4916. A petition for dissolution, signed by 50 or more freeholders and residents of the district, or by a majority of the freeholders and residents if there are less than 100 freeholders and residents in the district, may be filed with the board to initiate dissolution proceedings, or the board may by resolution initiate dissolution proceedings. (Amended by Stats. 1961, Ch. 827.) - 4917. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. )
When the board receives a dissolution petition or adopts a resolution to start dissolution proceedings, it must set a hearing date between 15 and 30 days later.
## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4917. Upon receiving a petition for dissolution, or adopting a resolution to initiate dissolution proceedings, the board shall fix a time for a hearing of the petition or resolution, which shall not be less than 15 nor more than 30 days after its receipt or adoption. (Amended by Stats. 1961, Ch. 827.)
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