State Codes and Statutes

Statutes > California > Wat > 31143-31143.5

WATER CODE
SECTION 31143-31143.5



31143.  In addition to the other powers provided by law, the San
Lorenzo Valley Water District, Santa Cruz County, shall have all of
the following powers and shall promptly and effectively exercise such
powers as may be appropriate to ensure that onsite waste water
disposal systems, as defined in Section 6952 of the Health and Safety
Code, along the San Lorenzo River do not pollute the river, its
tributaries, and ground water:
   (a) To carry on technical and other investigations, examinations,
or tests, of all kinds, make measurements, collect data, and make
analyses, studies, and inspections pertaining to the water supply,
use of water, water quality, nuisance, pollution, waste, and
contamination of water within the district as such activities relate
to the use of public, combined, or private onsite waste water
disposal systems.
   (b) To require all persons discharging from onsite waste water
disposal systems within the district to register the system with the
district, and to charge annual registration fees in such amount as
will defray all or a portion of the costs of exercising the powers
provided in this article. Applications for permits for onsite waste
water disposal systems within the district to the County of Santa
Cruz shall be referred to the district for the district's review and
comment.
   (c) To adopt and enforce regulations for onsite waste water
disposal systems within the district, after holding a public hearing
on reasonable notice thereof, to control and enhance the quality of
the ground and surface waters of the district, in order to eliminate
the pollution, waste, and contamination of water flowing into,
through, or originating within watercourses, both natural and
artificial, within the district, to prevent contamination, nuisance,
pollution, or otherwise rendering unfit for beneficial use the
surface or ground water used or useful in the district, and to expend
such amounts as are necessary to exercise such powers from the funds
of the district. Such regulations shall not be in conflict with
state law or county ordinances.



31143.1.  The district shall immediately do all such acts as are
reasonably necessary to secure compliance with any federal, state,
regional, or local law, order, regulation, or rule relating to water
pollution or discharges from onsite waste water disposal systems
within the area of the district. For such purpose, any authorized
representative of the district, upon presentation of his credentials,
or, if necessary under the circumstances, after obtaining an
inspection warrant pursuant to Title 13 (commencing with Section
1822.50) of Part 3 of the Code of Civil Procedure, or with the
permission of the owner, shall have the right of entry to any
premises on which an onsite waste water disposal system is located
for the purpose of inspecting such system, including securing samples
of discharges therefrom, or any records required to be maintained in
connection therewith by federal, state, or local law, order,
regulation, or rule.


31143.2.  (a) Violation of any of the provisions of a district
regulation adopted pursuant to Section 31143 may be abated as a
public nuisance by the district, and the board of directors may by
regulation establish a procedure for the abatement of such a nuisance
and to assess the cost of such abatement to the violator. If the
violator maintains the nuisance upon real property in which he has a
fee title interest, the assessment shall constitute a lien upon such
real property.
   (b) The amount of any costs incurred by the district in abating
such a nuisance upon real property shall be added to the annual taxes
next levied upon the real property subject to abatement and shall
constitute a lien upon that real property as of the same time and in
the same manner as does the tax lien securing such annual taxes. All
laws applicable to the levy, collection, and enforcement of district
taxes shall be applicable to such assessment, except that if any real
property to which such lien would attach has been transferred or
conveyed to a bona fide purchaser for value, or if a lien of a bona
fide encumbrancer for value has been created and attached thereon,
prior to the date on which the first installment of such taxes would
become delinquent, then a lien which would otherwise be imposed by
this section shall not attach to such real property and the
delinquent and unpaid charges relating to such property shall be
transferred to the unsecured roll for collection. Any amounts of such
assessments collected are to be credited to the funds of the
district from which the costs of abatement were expended.




31143.3.  (a) The owner of any real property upon which is located
an onsite waste water disposal system, which system is subject to
abatement as a public nuisance by the district, may request the
district to replace or repair, as necessary, such system. If
replacement or repair is feasible, the board of directors, in its
sole discretion, may provide for the necessary replacement or repair
work.
   (b) The person or persons employed by the board of directors to do
the work shall have a lien, subject to the provisions of subdivision
(b) of Section 31143.2, for work done and materials furnished, and
the work done and materials furnished shall be deemed to have been
done and furnished at the request of the owner. The district, in the
discretion of the board of directors, may pay all, or any part, of
the cost or price of the work done and materials furnished; and, to
the extent that the district pays the cost or price of the work done
and materials furnished, the district shall succeed to and have all
the rights, including, but not limited to, the lien, of such person
or persons employed to do the work against the real property and the
owner.
   (c) As an alternative power to the enforcement of the lien
provided in subdivision (b), the board of directors may, by ordinance
adopted by two-thirds vote of the members, fix the costs of
replacement or repair; fix the times at which such costs shall become
due; provide prior to the replacement or repair for the payment of
the costs in installments over a period not to exceed 15 years;
establish a rate of interest not to exceed 8 percent per annum, to be
charged on the unpaid balance of the costs; and provide that the
amount of the costs and the interest shall constitute a lien, subject
to the provisions of subdivision (b) of Section 31143.2, against the
respective lots or parcels upon which the work is done.
   (d) With the written consent of the owner and the lienholder, if
other than the district, the board of directors may issue an
improvement bond pursuant to the improvement bond provisions of the
Improvement Act of 1911 (Part 5 (commencing with Section 6400) of
Division 7 of the Streets and Highways Code), to represent and be
secured by the lien established pursuant to subdivision (b). The bond
may be delivered to the lienholder if other than the district or may
be sold by the board of directors at public or private sale. The
amount of the bond shall be the amount of the lien, including
incidental expenses allowable under the Improvement Act of 1911. The
bond term and interest rate shall be determined by the board of
directors within the limits established by the Improvement Act of
1911 and other applicable provisions of law.


31143.4.  In order to avoid duplication, either the district or the
County of Santa Cruz may contract with the other party for any
services or activities authorized to be performed pursuant to this
article.


31143.5.  Any violation of a regulation of the district adopted
pursuant to Section 31143 is a misdemeanor punishable by a fine not
to exceed five hundred dollars ($500), or imprisonment not to exceed
60 days, or by both such fine and imprisonment. Each day of such a
violation shall constitute a separate offense. Any violation or
threatened violation of a regulation of the district may also be
enjoined by civil suit.


State Codes and Statutes

Statutes > California > Wat > 31143-31143.5

WATER CODE
SECTION 31143-31143.5



31143.  In addition to the other powers provided by law, the San
Lorenzo Valley Water District, Santa Cruz County, shall have all of
the following powers and shall promptly and effectively exercise such
powers as may be appropriate to ensure that onsite waste water
disposal systems, as defined in Section 6952 of the Health and Safety
Code, along the San Lorenzo River do not pollute the river, its
tributaries, and ground water:
   (a) To carry on technical and other investigations, examinations,
or tests, of all kinds, make measurements, collect data, and make
analyses, studies, and inspections pertaining to the water supply,
use of water, water quality, nuisance, pollution, waste, and
contamination of water within the district as such activities relate
to the use of public, combined, or private onsite waste water
disposal systems.
   (b) To require all persons discharging from onsite waste water
disposal systems within the district to register the system with the
district, and to charge annual registration fees in such amount as
will defray all or a portion of the costs of exercising the powers
provided in this article. Applications for permits for onsite waste
water disposal systems within the district to the County of Santa
Cruz shall be referred to the district for the district's review and
comment.
   (c) To adopt and enforce regulations for onsite waste water
disposal systems within the district, after holding a public hearing
on reasonable notice thereof, to control and enhance the quality of
the ground and surface waters of the district, in order to eliminate
the pollution, waste, and contamination of water flowing into,
through, or originating within watercourses, both natural and
artificial, within the district, to prevent contamination, nuisance,
pollution, or otherwise rendering unfit for beneficial use the
surface or ground water used or useful in the district, and to expend
such amounts as are necessary to exercise such powers from the funds
of the district. Such regulations shall not be in conflict with
state law or county ordinances.



31143.1.  The district shall immediately do all such acts as are
reasonably necessary to secure compliance with any federal, state,
regional, or local law, order, regulation, or rule relating to water
pollution or discharges from onsite waste water disposal systems
within the area of the district. For such purpose, any authorized
representative of the district, upon presentation of his credentials,
or, if necessary under the circumstances, after obtaining an
inspection warrant pursuant to Title 13 (commencing with Section
1822.50) of Part 3 of the Code of Civil Procedure, or with the
permission of the owner, shall have the right of entry to any
premises on which an onsite waste water disposal system is located
for the purpose of inspecting such system, including securing samples
of discharges therefrom, or any records required to be maintained in
connection therewith by federal, state, or local law, order,
regulation, or rule.


31143.2.  (a) Violation of any of the provisions of a district
regulation adopted pursuant to Section 31143 may be abated as a
public nuisance by the district, and the board of directors may by
regulation establish a procedure for the abatement of such a nuisance
and to assess the cost of such abatement to the violator. If the
violator maintains the nuisance upon real property in which he has a
fee title interest, the assessment shall constitute a lien upon such
real property.
   (b) The amount of any costs incurred by the district in abating
such a nuisance upon real property shall be added to the annual taxes
next levied upon the real property subject to abatement and shall
constitute a lien upon that real property as of the same time and in
the same manner as does the tax lien securing such annual taxes. All
laws applicable to the levy, collection, and enforcement of district
taxes shall be applicable to such assessment, except that if any real
property to which such lien would attach has been transferred or
conveyed to a bona fide purchaser for value, or if a lien of a bona
fide encumbrancer for value has been created and attached thereon,
prior to the date on which the first installment of such taxes would
become delinquent, then a lien which would otherwise be imposed by
this section shall not attach to such real property and the
delinquent and unpaid charges relating to such property shall be
transferred to the unsecured roll for collection. Any amounts of such
assessments collected are to be credited to the funds of the
district from which the costs of abatement were expended.




31143.3.  (a) The owner of any real property upon which is located
an onsite waste water disposal system, which system is subject to
abatement as a public nuisance by the district, may request the
district to replace or repair, as necessary, such system. If
replacement or repair is feasible, the board of directors, in its
sole discretion, may provide for the necessary replacement or repair
work.
   (b) The person or persons employed by the board of directors to do
the work shall have a lien, subject to the provisions of subdivision
(b) of Section 31143.2, for work done and materials furnished, and
the work done and materials furnished shall be deemed to have been
done and furnished at the request of the owner. The district, in the
discretion of the board of directors, may pay all, or any part, of
the cost or price of the work done and materials furnished; and, to
the extent that the district pays the cost or price of the work done
and materials furnished, the district shall succeed to and have all
the rights, including, but not limited to, the lien, of such person
or persons employed to do the work against the real property and the
owner.
   (c) As an alternative power to the enforcement of the lien
provided in subdivision (b), the board of directors may, by ordinance
adopted by two-thirds vote of the members, fix the costs of
replacement or repair; fix the times at which such costs shall become
due; provide prior to the replacement or repair for the payment of
the costs in installments over a period not to exceed 15 years;
establish a rate of interest not to exceed 8 percent per annum, to be
charged on the unpaid balance of the costs; and provide that the
amount of the costs and the interest shall constitute a lien, subject
to the provisions of subdivision (b) of Section 31143.2, against the
respective lots or parcels upon which the work is done.
   (d) With the written consent of the owner and the lienholder, if
other than the district, the board of directors may issue an
improvement bond pursuant to the improvement bond provisions of the
Improvement Act of 1911 (Part 5 (commencing with Section 6400) of
Division 7 of the Streets and Highways Code), to represent and be
secured by the lien established pursuant to subdivision (b). The bond
may be delivered to the lienholder if other than the district or may
be sold by the board of directors at public or private sale. The
amount of the bond shall be the amount of the lien, including
incidental expenses allowable under the Improvement Act of 1911. The
bond term and interest rate shall be determined by the board of
directors within the limits established by the Improvement Act of
1911 and other applicable provisions of law.


31143.4.  In order to avoid duplication, either the district or the
County of Santa Cruz may contract with the other party for any
services or activities authorized to be performed pursuant to this
article.


31143.5.  Any violation of a regulation of the district adopted
pursuant to Section 31143 is a misdemeanor punishable by a fine not
to exceed five hundred dollars ($500), or imprisonment not to exceed
60 days, or by both such fine and imprisonment. Each day of such a
violation shall constitute a separate offense. Any violation or
threatened violation of a regulation of the district may also be
enjoined by civil suit.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Wat > 31143-31143.5

WATER CODE
SECTION 31143-31143.5



31143.  In addition to the other powers provided by law, the San
Lorenzo Valley Water District, Santa Cruz County, shall have all of
the following powers and shall promptly and effectively exercise such
powers as may be appropriate to ensure that onsite waste water
disposal systems, as defined in Section 6952 of the Health and Safety
Code, along the San Lorenzo River do not pollute the river, its
tributaries, and ground water:
   (a) To carry on technical and other investigations, examinations,
or tests, of all kinds, make measurements, collect data, and make
analyses, studies, and inspections pertaining to the water supply,
use of water, water quality, nuisance, pollution, waste, and
contamination of water within the district as such activities relate
to the use of public, combined, or private onsite waste water
disposal systems.
   (b) To require all persons discharging from onsite waste water
disposal systems within the district to register the system with the
district, and to charge annual registration fees in such amount as
will defray all or a portion of the costs of exercising the powers
provided in this article. Applications for permits for onsite waste
water disposal systems within the district to the County of Santa
Cruz shall be referred to the district for the district's review and
comment.
   (c) To adopt and enforce regulations for onsite waste water
disposal systems within the district, after holding a public hearing
on reasonable notice thereof, to control and enhance the quality of
the ground and surface waters of the district, in order to eliminate
the pollution, waste, and contamination of water flowing into,
through, or originating within watercourses, both natural and
artificial, within the district, to prevent contamination, nuisance,
pollution, or otherwise rendering unfit for beneficial use the
surface or ground water used or useful in the district, and to expend
such amounts as are necessary to exercise such powers from the funds
of the district. Such regulations shall not be in conflict with
state law or county ordinances.



31143.1.  The district shall immediately do all such acts as are
reasonably necessary to secure compliance with any federal, state,
regional, or local law, order, regulation, or rule relating to water
pollution or discharges from onsite waste water disposal systems
within the area of the district. For such purpose, any authorized
representative of the district, upon presentation of his credentials,
or, if necessary under the circumstances, after obtaining an
inspection warrant pursuant to Title 13 (commencing with Section
1822.50) of Part 3 of the Code of Civil Procedure, or with the
permission of the owner, shall have the right of entry to any
premises on which an onsite waste water disposal system is located
for the purpose of inspecting such system, including securing samples
of discharges therefrom, or any records required to be maintained in
connection therewith by federal, state, or local law, order,
regulation, or rule.


31143.2.  (a) Violation of any of the provisions of a district
regulation adopted pursuant to Section 31143 may be abated as a
public nuisance by the district, and the board of directors may by
regulation establish a procedure for the abatement of such a nuisance
and to assess the cost of such abatement to the violator. If the
violator maintains the nuisance upon real property in which he has a
fee title interest, the assessment shall constitute a lien upon such
real property.
   (b) The amount of any costs incurred by the district in abating
such a nuisance upon real property shall be added to the annual taxes
next levied upon the real property subject to abatement and shall
constitute a lien upon that real property as of the same time and in
the same manner as does the tax lien securing such annual taxes. All
laws applicable to the levy, collection, and enforcement of district
taxes shall be applicable to such assessment, except that if any real
property to which such lien would attach has been transferred or
conveyed to a bona fide purchaser for value, or if a lien of a bona
fide encumbrancer for value has been created and attached thereon,
prior to the date on which the first installment of such taxes would
become delinquent, then a lien which would otherwise be imposed by
this section shall not attach to such real property and the
delinquent and unpaid charges relating to such property shall be
transferred to the unsecured roll for collection. Any amounts of such
assessments collected are to be credited to the funds of the
district from which the costs of abatement were expended.




31143.3.  (a) The owner of any real property upon which is located
an onsite waste water disposal system, which system is subject to
abatement as a public nuisance by the district, may request the
district to replace or repair, as necessary, such system. If
replacement or repair is feasible, the board of directors, in its
sole discretion, may provide for the necessary replacement or repair
work.
   (b) The person or persons employed by the board of directors to do
the work shall have a lien, subject to the provisions of subdivision
(b) of Section 31143.2, for work done and materials furnished, and
the work done and materials furnished shall be deemed to have been
done and furnished at the request of the owner. The district, in the
discretion of the board of directors, may pay all, or any part, of
the cost or price of the work done and materials furnished; and, to
the extent that the district pays the cost or price of the work done
and materials furnished, the district shall succeed to and have all
the rights, including, but not limited to, the lien, of such person
or persons employed to do the work against the real property and the
owner.
   (c) As an alternative power to the enforcement of the lien
provided in subdivision (b), the board of directors may, by ordinance
adopted by two-thirds vote of the members, fix the costs of
replacement or repair; fix the times at which such costs shall become
due; provide prior to the replacement or repair for the payment of
the costs in installments over a period not to exceed 15 years;
establish a rate of interest not to exceed 8 percent per annum, to be
charged on the unpaid balance of the costs; and provide that the
amount of the costs and the interest shall constitute a lien, subject
to the provisions of subdivision (b) of Section 31143.2, against the
respective lots or parcels upon which the work is done.
   (d) With the written consent of the owner and the lienholder, if
other than the district, the board of directors may issue an
improvement bond pursuant to the improvement bond provisions of the
Improvement Act of 1911 (Part 5 (commencing with Section 6400) of
Division 7 of the Streets and Highways Code), to represent and be
secured by the lien established pursuant to subdivision (b). The bond
may be delivered to the lienholder if other than the district or may
be sold by the board of directors at public or private sale. The
amount of the bond shall be the amount of the lien, including
incidental expenses allowable under the Improvement Act of 1911. The
bond term and interest rate shall be determined by the board of
directors within the limits established by the Improvement Act of
1911 and other applicable provisions of law.


31143.4.  In order to avoid duplication, either the district or the
County of Santa Cruz may contract with the other party for any
services or activities authorized to be performed pursuant to this
article.


31143.5.  Any violation of a regulation of the district adopted
pursuant to Section 31143 is a misdemeanor punishable by a fine not
to exceed five hundred dollars ($500), or imprisonment not to exceed
60 days, or by both such fine and imprisonment. Each day of such a
violation shall constitute a separate offense. Any violation or
threatened violation of a regulation of the district may also be
enjoined by civil suit.