State Codes and Statutes

State Codes and Statutes

Statutes > California > Wat > 31100-31106

WATER CODE
SECTION 31100-31106



31100.  A district may acquire, construct, and operate facilities
for the collection, treatment and disposal of sewage, waste and storm
water of the district and its inhabitants and may contract with any
public agency including but not limited to sanitation districts for
sewer outfall facilities. A district also may acquire, construct, and
operate facilities for the collection, treatment and disposal of
sewage, waste and storm water of inhabitants outside its boundaries;
provided that it shall not furnish any such service to the
inhabitants of any other public agency without the consent of such
other public agency expressed by resolution or ordinance. The term
"public agency" as used in this section, shall include a city,
county, city and county, public district, municipal or public
corporation, state agency or other political subdivision of the
state, but shall not include a public utility subject to the
jurisdiction, control and regulation of the Public Utilities
Commission under the provisions of Divisions 5 (commencing with
Section 10001) and 6 (commencing with Section 11501) of the Public
Utilities Code.



31101.  The district may prescribe, revise and collect rates or
other charges for the services and facilities furnished pursuant to
this article.


31101.5.  A district may supply sewage and waste services to
property not subject to district taxes at special rates, terms, and
conditions as are determined by the board for the services.



31102.  The district may provide that such rates or other charges
may be collected with the water rates of the district and that all
rates shall be billed upon the same bill and collected as one item,
and that in the event of failure to pay the whole or any part
thereof, the district may discontinue any and all service for which
such bill is rendered, but this provision shall not be construed to
prohibit the collection of rates or charges by the district in any
other lawful manner.



31103.  Upon providing a sewer system in any area of the district
the district may declare the further maintenance or use of cesspools
or other local means of sewage disposal in such area to be a public
nuisance and may require all buildings used by human beings to be
connected with the sewer system within such period not less than
ninety days from the completion of the sewer system as may be
prescribed by the district; provided, that such buildings to be
connected are within one hundred feet of the system.



31104.  A district may, pursuant to the notice, protest, and hearing
procedures in Section 53753 of the Government Code, fix, levy and
collect a sewage and waste service standby or availability charge. If
the procedures set forth in this section as it read at the time a
standby charge was established were followed, the county board of
supervisors may, by resolution, continue the charge pursuant to this
section in successive years at the same rate. If new, increased, or
extended assessments are proposed, the board shall comply with the
notice, protest, and hearing procedures in Section 53753 of the
Government Code.


31104.5.  In lieu of the standby or availability charge authorized
to be levied and collected pursuant to Section 31104, the Crescenta
Valley County Water District may, pursuant to the notice, protest,
and hearing procedures in Section 53753 of the Government Code, fix,
levy, and collect a sewage and waste service standby or availability
charge not to exceed sixty dollars ($60) per available sewer
connection per year, unless the standby or availability charge is
imposed pursuant to the Uniform Standby Charge Procedures Act
(Chapter 12.4 (commencing with Section 54984) of Part 1 of Division 2
of Title 5 of the Government Code). If the procedures set forth in
this section as it read at the time a standby charge was established
were followed, the Crescenta Valley County Water District may, by an
ordinance approved by a two-thirds vote of the members of the
legislative body thereof, continue the charge pursuant to this
section in successive years at the same rate. If new, increased, or
extended assessments are proposed, the district shall comply with the
notice, protest, and hearing procedures in Section 53753 of the
Government Code.



31104.6.  Notwithstanding Sections 31031 and 31032.1, in the
Coachella Valley Water District, the sewage and waste service standby
or availability charge shall not exceed thirty dollars ($30) per
acre per year for land on which the charge is levied or thirty
dollars ($30) per year for a parcel less than one acre.
   This section, applicable only to the Coachella Valley Water
District, is necessary because of the unique and special sewage and
waste water management and financing problems in the area included
within the district.


31104.7.  Notwithstanding any other provision of this division, the
Tuolumne Regional Water District may, pursuant to the notice,
protest, and hearing procedures in Section 53753 of the Government
Code, fix, levy, and collect a sewage and waste service standby or
availability charge of not more than thirty dollars ($30) per acre
per year for each acre of land, or thirty dollars ($30) per year for
each parcel of land less than an acre, to which sewer service is made
available by the district, unless the standby or availability charge
is imposed pursuant to the Uniform Standby Charge Procedures Act
(Chapter 12.4 (commencing with Section 54984) of Part 1 of Division 2
of Title 5 of the Government Code). If the procedures set forth in
this section as it read at the time a standby or availability charge
was established were followed, the Tuolumne Regional Water District
may, by a four-fifths vote of the members of the board of directors,
continue the charge pursuant to this section in successive years at
the same rate. If new, increased, or extended assessments are
proposed, the district shall comply with the notice, protest, and
hearing procedures in Section 53753 of the Government Code.




31104.8.  (a) Notwithstanding any other provision of this division,
the Santa Ana Mountains County Water District may, pursuant to the
notice, protest, and hearing procedures in Section 53753 of the
Government Code, fix, in each fiscal year, within Community
Facilities District No. 2 of the district, sewage and waste service
standby or availability assessments of not more than two hundred
fifty dollars ($250) per year for each acre or portion thereof to
which sewage and waste service is immediately available, unless the
standby or availability assessment is imposed pursuant to the Uniform
Standby Charge Procedures Act (Chapter 12.4 (commencing with Section
54984) of Part 1 of Division 2 of Title 5 of the Government Code).
The Board of Directors of the Santa Ana Mountains County Water
District may establish schedules varying the assessment according to
the land uses and the degree of availability or quantity of use of
the sewer capacity to the affected lands.
   (b) The Santa Ana Mountains County Water District may elect to
have the assessments authorized by subdivision (a) for the fiscal
year collected on the tax roll in the same manner, by the same
persons, and at the same time, as, and together with and not
separately from, county taxes. In that event, the district shall
prepare a written report which shall be filed with the secretary. The
report shall contain a description of each parcel of real property
and the amount of the assessment for each parcel for the year.
   (c) The sewage and waste service standby or availability
assessment authorized by this section shall not be imposed on any
subdivided parcel upon which there exists a residential unit which
has been connected to domestic sewer facilities of the Santa Ana
Mountains County Water District.
   (d) If the procedures set forth in this section as it read at the
time a standby or availability assessment was established were
followed, the Santa Ana Mountains County Water District may, by
resolution, continue the charge pursuant to this section in
successive years at the same rate. If new, increased, or extended
assessments are proposed, the board shall comply with the notice,
protest, and hearing procedures in Section 53753 of the Government
Code.



31105.  (a) A district may adopt ordinances relating to the
provision of services and facilities pursuant to this article and the
regulation of those services and facilities. Every such ordinance
shall be in full force and effect immediately upon adoption, but
shall be published once in full in a newspaper of general
circulation, printed, published and circulated in the district within
10 days after adoption, or if there be no such newspaper it shall be
posted within 10 days after adoption in three public places within
the district.
   (b) The publication of ordinances, as required by subdivision (a),
may be satisfied by either of the following actions:
   (1) The district may publish a summary of a proposed ordinance or
proposed amendment to an existing ordinance. The summary shall be
prepared by an official designated by the board. A summary shall be
published and a certified copy of the full text of the proposed
ordinance or proposed amendment shall be posted in the office of the
board at least five days prior to the board meeting at which the
proposed ordinance or amendment or alteration thereto is to be
adopted. Within 15 days after adoption of the ordinance or amendment,
the board shall publish a summary of the ordinance or amendment with
the names of those directors voting for and against the ordinance or
amendment and the official shall post in the office of the board a
certified copy of the full text of the adopted ordinance or amendment
along with the names of those directors voting for and against the
ordinance or amendment.
   (2) If the official designated by the board determines that it is
not feasible to prepare a fair and adequate summary of the proposed
or adopted ordinance or amendment, and if the board so orders, a
display advertisement of at least one-quarter of a page in a
newspaper of general circulation in the county shall be published at
least five days prior to the board meeting at which the proposed
ordinance or amendment or alteration thereto is to be adopted. Within
15 days after adoption of the ordinance or amendment, a display
advertisement of at least one-quarter of a page shall be published.
The advertisement shall indicate the general nature of, and provide
information about, the proposed or adopted ordinance or amendment,
including information sufficient to enable the public to obtain
copies of the complete text of the ordinance or amendment, and the
names of those directors voting for and against the ordinance or
amendment.



31106.  From and after the posting or publication of any ordinance
as provided in Section 31105 above, it shall be a misdemeanor for any
person to violate any ordinance of the district adopted pursuant to
Section 31105.