54984. This chapter shall be known as the Uniform Standby Charge
Procedures Act.
54984.1. The procedures set forth in this chapter shall be
available to any local agency authorized by law to provide water,
sewer, or water and sewer service, and authorized to fix, levy, or
collect any standby or availability charge or assessment in
connection with the provision of that service. Any local agency
electing to utilize the standby charge procedures set forth in this
chapter shall, in connection with the procedures for fixing and
levying of these charges for the year in which the election is made,
be governed by the provisions of this chapter alone. Nothing in this
chapter shall affect the standby charge procedures authorized or
provided for otherwise, if the local agency elects to use those
procedures. Any charges imposed under this chapter are deemed to be
assessments and, if imposed upon public entities, are subject to
Chapter 13.7 (commencing with Section 54999).
54984.2. Any local agency which is authorized by law to provide
water, sewer, or water and sewer service, and which is providing
either or both of those services within its jurisdiction, may fix,
before either (a) August 10 of any given year with respect to local
agencies the taxes or assessments of which are collected for the
local agency by the county or (b) the start of the fiscal year with
respect to local agencies the taxes or assessments of which are
collected by the local agency, a water or sewer standby charge, or
both, on land within the jurisdiction of the local agency to which
water, sewer, or water and sewer services are made available for any
purpose by the agency, whether the water or sewer services are
actually used or not. The governing body of the agency which fixes
the charge may establish schedules varying the charge according to
land uses, benefit derived or to be derived from the use or
availability of facilities to provide water, sewer, or water and
sewer service, or the degree of availability or quantity of the use
of the water, sewer, or water and sewer services to the affected
lands, and may restrict the assessment to one or more improvement
districts or zones of benefit established within the jurisdiction of
the agency. The charge may be imposed on an area, frontage, or parcel
basis, or a combination thereof.
54984.3. The governing body of the local agency shall adopt a
resolution to initiate proceedings to fix a standby charge. The
resolution shall contain all of the following:
(a) A statement that the report of a qualified engineer is on file
with the agency and that a standby charge is proposed based upon the
report. The report shall include all of the following:
(1) A description of the charge and the method by which it will be
imposed.
(2) A compilation of the amount of the charge proposed for each
parcel subject to the charge.
(3) A statement of the methodology and rationale followed in
determining the degree of benefit conferred by the service for which
the charge is made.
(4) The other factors listed in Section 54984.2.
(b) A description of the lands upon which the charge is to be
imposed. Assessor parcel numbers shall constitute sufficient
description for this purpose.
(c) The amount of the charge for each of the lands so described.
(d) The date, time, and place upon which the governing body will
hold a public protest hearing regarding the imposition of the charge,
and notice that the governing body will hear and consider all
objections or protests, if any, to the proposed charges.
54984.4. (a) The local agency shall comply with the notice,
protest, and hearing procedures in Section 53753.
(b) In the absence of a majority protest, as defined in
subdivision (e) of Section 53753, the governing body of the local
agency may determine to fix the charge.
54984.7. If the procedures set forth in this chapter at the time a
charge was established were followed, the governing body may, by
resolution, continue a charge pursuant to Section 54984.2 in
successive years at the same rate. If new, increased, or extended
assessments are proposed, the governing body shall comply with the
notice, protest, and hearing procedures in Section 53753.
54984.8. After the making of a final determination pursuant to
Sections 54984.4 and 54984.7, the local agency shall cause the charge
to be collected at the same time, and in the same manner, as is
available to it under applicable law.
54984.9. (a) A local agency may, by resolution or ordinance,
provide that charges that have become delinquent, together with
interest and penalties thereon, are a lien on the property when a
certificate is filed in the office of the county recorder pursuant to
subdivision (b), which lien has the force, effect, and priority of a
judgment lien.
(b) A lien under this section attaches when the district files for
recordation in the office of the county recorder a certificate
specifying the amount of the delinquent charges together with
interest and penalties thereon; the name of the owner of record of
the property which is subject to the charges; and the assessor's
parcel number and legal description of the property. Within 30 days
of receipt of payment of all amounts due, including recordation fees
paid by the district, the district shall file for recordation a
release of the lien.
54984. This chapter shall be known as the Uniform Standby Charge
Procedures Act.
54984.1. The procedures set forth in this chapter shall be
available to any local agency authorized by law to provide water,
sewer, or water and sewer service, and authorized to fix, levy, or
collect any standby or availability charge or assessment in
connection with the provision of that service. Any local agency
electing to utilize the standby charge procedures set forth in this
chapter shall, in connection with the procedures for fixing and
levying of these charges for the year in which the election is made,
be governed by the provisions of this chapter alone. Nothing in this
chapter shall affect the standby charge procedures authorized or
provided for otherwise, if the local agency elects to use those
procedures. Any charges imposed under this chapter are deemed to be
assessments and, if imposed upon public entities, are subject to
Chapter 13.7 (commencing with Section 54999).
54984.2. Any local agency which is authorized by law to provide
water, sewer, or water and sewer service, and which is providing
either or both of those services within its jurisdiction, may fix,
before either (a) August 10 of any given year with respect to local
agencies the taxes or assessments of which are collected for the
local agency by the county or (b) the start of the fiscal year with
respect to local agencies the taxes or assessments of which are
collected by the local agency, a water or sewer standby charge, or
both, on land within the jurisdiction of the local agency to which
water, sewer, or water and sewer services are made available for any
purpose by the agency, whether the water or sewer services are
actually used or not. The governing body of the agency which fixes
the charge may establish schedules varying the charge according to
land uses, benefit derived or to be derived from the use or
availability of facilities to provide water, sewer, or water and
sewer service, or the degree of availability or quantity of the use
of the water, sewer, or water and sewer services to the affected
lands, and may restrict the assessment to one or more improvement
districts or zones of benefit established within the jurisdiction of
the agency. The charge may be imposed on an area, frontage, or parcel
basis, or a combination thereof.
54984.3. The governing body of the local agency shall adopt a
resolution to initiate proceedings to fix a standby charge. The
resolution shall contain all of the following:
(a) A statement that the report of a qualified engineer is on file
with the agency and that a standby charge is proposed based upon the
report. The report shall include all of the following:
(1) A description of the charge and the method by which it will be
imposed.
(2) A compilation of the amount of the charge proposed for each
parcel subject to the charge.
(3) A statement of the methodology and rationale followed in
determining the degree of benefit conferred by the service for which
the charge is made.
(4) The other factors listed in Section 54984.2.
(b) A description of the lands upon which the charge is to be
imposed. Assessor parcel numbers shall constitute sufficient
description for this purpose.
(c) The amount of the charge for each of the lands so described.
(d) The date, time, and place upon which the governing body will
hold a public protest hearing regarding the imposition of the charge,
and notice that the governing body will hear and consider all
objections or protests, if any, to the proposed charges.
54984.4. (a) The local agency shall comply with the notice,
protest, and hearing procedures in Section 53753.
(b) In the absence of a majority protest, as defined in
subdivision (e) of Section 53753, the governing body of the local
agency may determine to fix the charge.
54984.7. If the procedures set forth in this chapter at the time a
charge was established were followed, the governing body may, by
resolution, continue a charge pursuant to Section 54984.2 in
successive years at the same rate. If new, increased, or extended
assessments are proposed, the governing body shall comply with the
notice, protest, and hearing procedures in Section 53753.
54984.8. After the making of a final determination pursuant to
Sections 54984.4 and 54984.7, the local agency shall cause the charge
to be collected at the same time, and in the same manner, as is
available to it under applicable law.
54984.9. (a) A local agency may, by resolution or ordinance,
provide that charges that have become delinquent, together with
interest and penalties thereon, are a lien on the property when a
certificate is filed in the office of the county recorder pursuant to
subdivision (b), which lien has the force, effect, and priority of a
judgment lien.
(b) A lien under this section attaches when the district files for
recordation in the office of the county recorder a certificate
specifying the amount of the delinquent charges together with
interest and penalties thereon; the name of the owner of record of
the property which is subject to the charges; and the assessor's
parcel number and legal description of the property. Within 30 days
of receipt of payment of all amounts due, including recordation fees
paid by the district, the district shall file for recordation a
release of the lien.
54984. This chapter shall be known as the Uniform Standby Charge
Procedures Act.
54984.1. The procedures set forth in this chapter shall be
available to any local agency authorized by law to provide water,
sewer, or water and sewer service, and authorized to fix, levy, or
collect any standby or availability charge or assessment in
connection with the provision of that service. Any local agency
electing to utilize the standby charge procedures set forth in this
chapter shall, in connection with the procedures for fixing and
levying of these charges for the year in which the election is made,
be governed by the provisions of this chapter alone. Nothing in this
chapter shall affect the standby charge procedures authorized or
provided for otherwise, if the local agency elects to use those
procedures. Any charges imposed under this chapter are deemed to be
assessments and, if imposed upon public entities, are subject to
Chapter 13.7 (commencing with Section 54999).
54984.2. Any local agency which is authorized by law to provide
water, sewer, or water and sewer service, and which is providing
either or both of those services within its jurisdiction, may fix,
before either (a) August 10 of any given year with respect to local
agencies the taxes or assessments of which are collected for the
local agency by the county or (b) the start of the fiscal year with
respect to local agencies the taxes or assessments of which are
collected by the local agency, a water or sewer standby charge, or
both, on land within the jurisdiction of the local agency to which
water, sewer, or water and sewer services are made available for any
purpose by the agency, whether the water or sewer services are
actually used or not. The governing body of the agency which fixes
the charge may establish schedules varying the charge according to
land uses, benefit derived or to be derived from the use or
availability of facilities to provide water, sewer, or water and
sewer service, or the degree of availability or quantity of the use
of the water, sewer, or water and sewer services to the affected
lands, and may restrict the assessment to one or more improvement
districts or zones of benefit established within the jurisdiction of
the agency. The charge may be imposed on an area, frontage, or parcel
basis, or a combination thereof.
54984.3. The governing body of the local agency shall adopt a
resolution to initiate proceedings to fix a standby charge. The
resolution shall contain all of the following:
(a) A statement that the report of a qualified engineer is on file
with the agency and that a standby charge is proposed based upon the
report. The report shall include all of the following:
(1) A description of the charge and the method by which it will be
imposed.
(2) A compilation of the amount of the charge proposed for each
parcel subject to the charge.
(3) A statement of the methodology and rationale followed in
determining the degree of benefit conferred by the service for which
the charge is made.
(4) The other factors listed in Section 54984.2.
(b) A description of the lands upon which the charge is to be
imposed. Assessor parcel numbers shall constitute sufficient
description for this purpose.
(c) The amount of the charge for each of the lands so described.
(d) The date, time, and place upon which the governing body will
hold a public protest hearing regarding the imposition of the charge,
and notice that the governing body will hear and consider all
objections or protests, if any, to the proposed charges.
54984.4. (a) The local agency shall comply with the notice,
protest, and hearing procedures in Section 53753.
(b) In the absence of a majority protest, as defined in
subdivision (e) of Section 53753, the governing body of the local
agency may determine to fix the charge.
54984.7. If the procedures set forth in this chapter at the time a
charge was established were followed, the governing body may, by
resolution, continue a charge pursuant to Section 54984.2 in
successive years at the same rate. If new, increased, or extended
assessments are proposed, the governing body shall comply with the
notice, protest, and hearing procedures in Section 53753.
54984.8. After the making of a final determination pursuant to
Sections 54984.4 and 54984.7, the local agency shall cause the charge
to be collected at the same time, and in the same manner, as is
available to it under applicable law.
54984.9. (a) A local agency may, by resolution or ordinance,
provide that charges that have become delinquent, together with
interest and penalties thereon, are a lien on the property when a
certificate is filed in the office of the county recorder pursuant to
subdivision (b), which lien has the force, effect, and priority of a
judgment lien.
(b) A lien under this section attaches when the district files for
recordation in the office of the county recorder a certificate
specifying the amount of the delinquent charges together with
interest and penalties thereon; the name of the owner of record of
the property which is subject to the charges; and the assessor's
parcel number and legal description of the property. Within 30 days
of receipt of payment of all amounts due, including recordation fees
paid by the district, the district shall file for recordation a
release of the lien.
