Standby Charges - - CA Public Resources

Section § 13215

This law allows a district to charge for water or sewer services, even if the services aren't actually used. These charges must be set by July 1st each year, and can't go over $12 per acre or $8 per parcel for land less than an acre. However, more charges may apply under the Uniform Standby Charge Procedures Act.

The district can have different fees based on how the land is used, how much it costs to supply the services, and how much the services are used. Charges may only apply to certain parts of the district. Districts that set such charges before 1977 under different regulations have different rules.

The district may, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, fix by ordinance or resolution, on or before the first day of July in each calendar year, water or sewer standby or immediate availability charges. Each such charge shall not individually exceed twelve dollars ($12) per year for each acre of land, or eight dollars ($8) per year for each parcel of land of less than an acre within the district to which water or sewerage could be made available for any purpose by the district, whether the water or sewerage is actually used or not, unless the standby charge is imposed pursuant to the Uniform Standby Charge Procedures Act (Chapter 12.4 (commencing with Section 54984) of Part 1 of Division 2 of Title 5 of the Government Code). The district board may establish schedules varying the charges depending upon factors such as the uses to which the land is put, the cost of supplying such services to the land, and the amount of services used on the land. The district board may restrict the imposition of such charges to lands lying within one or more improvement districts within the district.

The limitations contained in this section shall not apply to any district which levied a standby charge pursuant to the County Service Area Law (Chapter 2.5 (commencing with Section 25210) of Part 2 of Division 2 of Title 3 of the Government Code) prior to January 1, 1977. Any such district shall be subject to Section 25215.6 of the Government Code.

water standby charges sewer standby charges availability charges land parcels charge limitations district board service cost land use improvement districts notice and hearing procedures Uniform Standby Charge Procedures Act County Service Area Law service provision annual fee setting special district regulations

(Amended by Stats. 2008, Ch. 158, Sec. 15. Effective January 1, 2009.)

Section § 13216

This law says that if a district board correctly set a standby or immediate availability charge in the past, they can keep charging the same amount each year without any extra steps. However, if they want to introduce new charges or increase existing ones, they must follow specific procedures like notifying people and holding a hearing as outlined in a different section of the Government Code.

If the procedures set forth in this section as it read at the time a standby or immediate availability charge was established were followed, the district board may, by ordinance or resolution, continue the charge pursuant to Section 13215 in successive years at the same rate. If new, increased, or extended assessments are proposed, the district board shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.

district board standby charge immediate availability charge continue charge same rate new assessments increased assessments extended assessments notice procedures protest procedures hearing procedures Section 53753 Government Code

(Amended by Stats. 2007, Ch. 27, Sec. 13. Effective January 1, 2008.)

Section § 13217

If you owe money for water or sewer services and don't pay by a certain date, a 6% penalty will be added to your bill. This unpaid amount becomes a special type of debt attached to your land and is treated like regular property taxes. If the land is sold to someone who didn't know about the debt before taxes are due, the debt won't stick to the land but will be collected separately. The district must inform the local government about unpaid charges at least 15 days before the county sets tax amounts.

If any water or sewer standby or immediate availability charge remains unpaid on 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 for county purposes, a 6-percent penalty thereon shall accrue. The amount of the unpaid charges plus the penalty shall constitute a special assessment upon the land with respect to which the services, for which charges are unpaid, were available or in existence on a standby basis, and shall constitute a lien on that land. The assessment shall be collected at the same time and in the same manner as ad valorem taxes are collected and shall be subject to the same penalties and the same procedures upon sale in the case of delinquency as provided for such taxes. All laws applicable to the levy, collection, and enforcement of ad volorem taxes shall be applicable to the 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 the value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the unpaid charges, and any penalty thereon, relating to such property shall be transferred to the unsecured roll for collection.

At least 15 days before the first day of the month in which the board of supervisors is required by law to levy the amount of taxes required for county purposes, the district board shall furnish in writing both to the board of supervisors and to the county auditor, a description of each parcel of land within the district upon which a standby or immediate availability charge or charges remains unpaid, together with a statement setting forth both the amount of the unpaid charge or charges and the amount of the penalty on each parcel of land.

water charges sewer charges unpaid charges penalties special assessment land lien property taxes bona fide purchaser county tax levy district board payment delinquency unsecured roll collection tax enforcement parcel description county auditor notification

(Added by Stats. 1976, Ch. 1281.)