Section § 37200

Explanation

This law introduces a different way for handling district assessments, which are charges or taxes for specific districts. It states that the method described here won't change or interfere with any other rules in the same division.

This part provides an alternative method for the levy, collection and enforcement of district assessments and the provisions of this part shall not apply to or affect any other provisions of this division.

Section § 37202

Explanation

This law section defines two important terms used in this part: "board of supervisors" refers to the governing body of each county where a district is located, and "bond" or "bonds" refers to general obligation bonds, which are a type of funding tool the county might use.

Unless the context otherwise requires, the following terms used in this part shall mean:
(a)CA Water Code § 37202(a) “Board of supervisors” means the board of supervisors of each county within which a district is located.
(b)CA Water Code § 37202(b) “Bond” or “bonds” mean a general obligation bond or bonds.

Section § 37203

Explanation

This law allows a board to decide if it wants to use certain rules for handling assessments, which are taxes or fees owed, before December 31st of any year. If they decide to use these rules, they will continue to apply until the board decides to stop, also by December 31st. When they make a decision, they must inform several county officials and the State Board of Equalization by January 1st.

Additionally, the board can choose to use these rules only for handling overdue assessments at any time. In either case, they must file their decision with county officials, and the overdue amounts will be added to the county's tax statements.

(a)CA Water Code § 37203(a) On or before December 31st of any year the board may by resolution elect to proceed under this part for the levy, collection, and enforcement of any or all assessments, and thereafter until termination of that election the provisions of this part shall apply to the levy, collection, and enforcement of those assessments. The board by resolution may at any time on or before December 31st of any year terminate its election to proceed under this part, and thereafter the provisions of this part shall no longer apply to the levy, collection, and enforcement of those assessments. On or before January 1st following the adoption of either of those resolutions, a certified copy thereof shall be filed with the auditor, assessor, tax collector and treasurer of each county within which a district is located and with the State Board of Equalization. There shall also be filed with the county assessor and the State Board of Equalization a statement as required by Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code.
(b)CA Water Code § 37203(b) Notwithstanding subdivision (a), the board may, by resolution, elect at any time to proceed under this part only for the collection and enforcement of delinquent assessments, including standby and other charges, and thereafter until termination of that election this part shall apply to the collection and enforcement of the delinquent assessments. A certified copy of the resolution shall be filed with the auditor, assessor, tax collector, and treasurer of each county within which the district is located and the assessments shall thereafter be included in all county tax statements.

Section § 37203.1

Explanation

This section allows the Yolo-Zamora Water District to proceed with assessment and taxation activities if they submit necessary documents by specific deadlines. They need to file a certified resolution and a map showing district boundaries with both county and state authorities before April 15, 1969.

Notwithstanding the provisions of Sections 54902 and 54903 of the Government Code and Section 37203, the Yolo-Zamora Water District may effectively proceed under this part for assessment and taxation purposes if a certified copy of the resolution of the board adopted pursuant to Section 37203 electing to proceed under this part, shall be filed with the Auditor, Assessor, Tax Collector and Treasurer of Yolo County and the State Board of Equalization on or before April 15, 1969, and a map or plat indicating the boundaries of the district shall be filed with the Yolo County Assessor and the State Board of Equalization on or before April 15, 1969.

Section § 37204

Explanation

This law allows the board to set the start and end dates for the fiscal year of a district through a resolution that they pass whenever needed.

The board may from time to time by resolution provide for a district fiscal year, to commence and end at the dates specified in said resolution.

Section § 37205

Explanation

If a district changes its fiscal year, and there needs to be enough money to cover costs from the end of the old fiscal year until the new one begins, the board can include extra funds in their budget estimates. This ensures they have enough money for necessary or allowed expenses during this time.

Whenever the fiscal year is changed, if necessary to provide sufficient money to meet the obligations and expenses of the district between the end of the previous fiscal year and the commencement of the new fiscal year, the board may add to the estimate to be furnished to the board of supervisors for the first new fiscal year an amount clearly sufficient to raise money for the purposes required or authorized by Section 37206.

Section § 37206

Explanation

By August 1st, any district in California that has chosen to follow certain rules must provide the county auditor and supervisors with a written estimate of the money needed from county assessments for their upcoming fiscal year's needs. This includes covering the county's share of district expenses, like bond repayments and other claims. If the district has already arranged for these payments another way, their estimate can reflect that.

On or before August 1st the board of any district which has elected pursuant to Section 37203 to proceed under this part shall furnish to the county auditor and the board of supervisors an estimate in writing of the amount of money needed to be raised by assessment in the county for the payment of its proportion of the amount required for the purposes of the district for the next fiscal year. Except to the extent that provision has otherwise been made by the board, as may be permitted by law, for payment of the principal of and interest upon bonds as they become due and for payment of other claims and expenses of the district, said estimate shall be in an amount sufficient for payment of the county’s proportion of the principal of and interest on bonds as they become due and for payment of other claims and expenses of the district.

Section § 37207

Explanation

Each year when county taxes are set, the county board of supervisors must impose a property tax (ad valorem assessment) on all land within part of the district located in the county. The amount is based on the district board's estimate. Additionally, they must levy an extra tax on lands with unpaid water or service charges, as detailed in Section 37212.

The board of supervisors annually at the time of levying county taxes shall levy an ad valorem assessment upon all lands within that portion of the district within the county sufficient to raise the amount stated in the estimate of the district board and shall levy an additional assessment against those lands upon which there are unpaid charges for water and other services as provided in Section 37212.

Section § 37207.1

Explanation

This law specifically pertains to the Santa Margarita Water District. It outlines what happens when the district decides to designate certain areas within it for which general obligation bonds have been issued. Once areas are designated, the board must provide the county auditor and the board of supervisors with a written estimate of the money needed to pay off these bonds. This means the board of supervisors will set a property tax (ad valorem assessment) in these areas to raise the money needed to pay the bond's principal and interest. Additionally, the district has to pay the county back for any extra expenses that come up because of this process.

(a)CA Water Code § 37207.1(a) This section applies only to the Santa Margarita Water District.
(b)CA Water Code § 37207.1(b) If the board determines pursuant to Section 36424.1 to designate areas within an improvement district for which the Santa Margarita Water District has issued general obligation bonds, the board shall submit to the county auditor and the board of supervisors an estimate, in writing, of the amount of money required to be raised by assessment for the payment of the amount allocated by the board to each area for the payment of the principal of, and interest on, the bonds issued for the improvement district. Upon receiving the estimate, the board of supervisors shall levy an ad valorem assessment upon all lands within each designated area that is sufficient to raise the amount set forth in the estimate of the board.
(c)CA Water Code § 37207.1(c) The district shall reimburse the county for any additional costs in carrying out the provisions of this section.

Section § 37208

Explanation

This law states that a specific tax called an 'ad valorem assessment' will be charged and collected at the same time and in the same way as regular county taxes. The same officials who handle county taxes will manage this process, and the same penalties and interest will apply. Once collected, the money goes to a specific district.

Said ad valorem assessment shall be levied and collected at the same time and in the same manner and by the same officers and with the same penalties and interest as general county taxes and when collected shall be paid to the district.

Section § 37209

Explanation

This law allows the board to decide to pay the county for the services it provides in managing district assessments, like levying, collecting, and enforcing them. The payment amount should be reasonable and either determined by law or agreed upon with the county.

The board may by resolution authorize payment to the county of reasonable compensation, as may be provided by law or as may be agreed upon with the county, for services rendered by the county and the officers thereof in levying, collecting and enforcing district assessments pursuant to this part.

Section § 37210

Explanation

This law section clarifies that the term 'assessment' also refers to 'standby charges' and any other fees that are charged for using water from a district.

As used in this part, “assessment” includes “standby charges” and other charges levied for the use of district water.

Section § 37210.1

Explanation

If a district board in California wants to impose a standby charge, which is essentially a fee for having services available even if they're not being used, they must follow certain steps. This includes giving notice, allowing for public protest, and holding a hearing, all as outlined in another law.

In levying a standby charge, the board of any district which has elected, pursuant to Section 37203, to proceed under this part shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.

Section § 37210.2

Explanation

This law says that if a standby charge was correctly set up according to the rules in place at that time, the board can keep charging the same amount each year without changes. However, if they want to create new charges, or increase or extend existing charges, they have to notify the public, allow them to protest, and hold a public hearing as required by another law, specifically Section 53753 of the Government Code.

If the procedures set forth in this part as it read at the time a standby charge was established were followed, the board may, by resolution, continue the charge pursuant to this part 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.

Section § 37211

Explanation

This law section explains that the county's board of supervisors must impose a property tax on land within a district to cover costs identified by the district board when county taxes are set each year. If the district hasn't delivered water yet and is working on building the necessary water delivery facilities, the board can instead charge a special fee of up to $3 per acre each year to cover the planning and construction expenses.

Notwithstanding Section 37207, the board of supervisors annually at the time of levying county taxes shall levy an ad valorem assessment upon all lands within that portion of the district within the county sufficient to raise the amount stated in the estimate of the district board; provided, however, that until such time as a district which has not theretofore delivered water for any purpose puts into operation facilities for the delivery of water, the board may levy a special assessment of an equal amount upon each acre of land within the district sufficient to defray all expenses as estimated by the board to be incurred for the general benefit of the district during the period in which facilities for the delivery of water primarily for agricultural purposes are being planned and constructed. In no event shall such equal amount assessment exceed three dollars ($3) per acre per year.

Section § 37212

Explanation

If water or service charges remain unpaid for 60 days by July 1st, the district board can take action. They instruct their secretary to list properties with unpaid charges, certify the list, and send it to the county auditor. The unpaid charges then become a special assessment and a lien on the property.

This lien is recorded and collected like property taxes. However, if the property is sold to a new, genuine buyer before the lien appears on the tax roll, the lien doesn't apply and the charges go to an unsecured roll for collection.

If charges stay unpaid, the district can file a certificate creating a lien on any property the debtor owns, which lasts 10 years unless resolved. This lien acts like a judgment lien and can be extended.

In case any charges for water or other services, or either, remain unpaid:
(a)CA Water Code § 37212(a) If unpaid for 60 days or more on July 1st, the district board may, by resolution, order the secretary to do each of the following:
(1)CA Water Code § 37212(a)(1) Prepare a list of the parcels of land upon which water and other services, or either, requested in writing by the owner of the property, was used, and for which the charges remain unpaid.
(2)CA Water Code § 37212(a)(2) Certify that the list is true and correct.
(3)CA Water Code § 37212(a)(3) Submit the list of unpaid charges and parcels to the county auditor no later than five days after the estimate of the district board was furnished pursuant to Section 37206.
Upon receipt by the county auditor of the list and a certified copy of the resolution, the amount of the unpaid charges attributed to each parcel mentioned in the list shall constitute a special assessment against the parcel, and shall be a lien on that property for that amount. The lien attaches upon recordation in the office of the county recorder of the county in which the property is situated of a certified copy of the resolution of the district board accompanied by a certified copy of the list specifically describing the real property by a legal description or reference to an assessor’s parcel number and specifying the amount applicable to each parcel. The assessment shall be collected at the same time and in the same manner as ordinary municipal ad valorem taxes are collected, and shall be subject to the same penalties, and the same procedure and sale in case of delinquency as provided for those taxes. All laws applicable to the levy, collection, and enforcement of municipal ad valorem taxes shall be applicable to the assessment, except that, if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value or a lien of a bona fide encumbrancer for value has been created and attached thereon during the year prior to the date on which the first installment of the taxes that include the assessment appears on the assessment roll, then the lien which would otherwise be imposed by this section shall not attach to the real property and the delinquent and unpaid charges, as certified, relating to the property shall be transferred to the unsecured roll for collection.
The county shall deduct from the charges collected an amount sufficient to compensate the county for costs incurred in collecting the delinquent and unpaid charges. The amount of this compensation shall be fixed by agreement between the board of supervisors and the district’s board of directors.
(b)CA Water Code § 37212(b) The amount of the unpaid charges may, in the discretion of the district, be secured at any time by filing for record in the office of the county recorder of any county, a certificate specifying the amount of the charges and the name and address of the person liable therefor.
From the time of recordation of the certificate, the amount required to be paid together with interest and penalty constitutes a lien upon all real property in the county owned by the person or afterwards, and before the lien expires, acquired by him or her. The lien has the force, priority, and effect of a judgment lien and shall continue for 10 years from the date of the filing of the certificate unless sooner released or otherwise discharged. The lien may, within 10 years from the filing of the certificate or within 10 years from the date of the last extension of the lien in the manner herein provided, be extended by filing for record a new certificate in the office of the county recorder of any county and from the time of the filing the lien shall be extended to the real property in this county for 10 years unless sooner released or otherwise discharged.

Section § 37213

Explanation

If a property is under a district that follows the guidelines set by a specific section, the district must inform the landowner if there are unpaid water or service charges that have been overdue for 60 days. Such overdue charges could become a lien against the property.

A district which has elected pursuant to Section 37203 to proceed under this part shall notify the holder of title to land whenever delinquent and unpaid charges for water and other services or either which could become a lien on such property pursuant to Section 37212 remain delinquent and unpaid for 60 days.

Section § 37214

Explanation

This law states that when property is sold for taxes or assessments, the proceeds must be managed and distributed according to specific rules. These rules are outlined in a different part of the Government Code if they aren't already covered by general tax sale procedures.

Notwithstanding any other provision of this part to the contrary, in the case of a sale of property for taxes or assessments, except where the sale is conducted and the funds are accounted for as provided in Division 1 (commencing with Section 101) of the Revenue and Taxation Code, all proceeds shall be accounted for and distributed as provided in Article 12 (commencing with Section 53925) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code.