Ord 2015-104 ORDINANCE NO. 104
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE COSTA MESA SANITARY DISTRICT ADOPTING
A BASIC PENALTY AND INTEREST PROVISION
WHEREAS, the District provides sewer and other services for its customers and
others and incurs costs in doing so that it passes on as charges; and
WHEREAS, the District also must respond and abate conditions on property
pursuant to its statutory duties and incurs costs that are then charged to the persons
responsible; and
WHEREAS, state law has authorized procedures for recovering those charges
and costs when incurred, including penalty provisions and interest when those charges
remain unpaid; and
WHEREAS, the Board does hereby desire to adopt the basic penalty and interest
provisions of California Health and Safety Code Section 5473.10 pertaining to sewer
service;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That Section 4.01.060 is hereby added to the CMSD Operations Code
to read:
"Section 4.01.060 Basic Penalty and Interest Provisions Adopted. There is
imposed on all charges that remain due and unpaid a basic penalty in the
amount of ten percent of the amount owed, and in addition there shall be a
penalty of one and one-half percent per month on the amount of the
charges and basic penalty that shall also be imposed on the persons who
owe the money."
' Section 2. Should any part, clause or section of this Ordinance be declared by
any Court of competent jurisdiction to be invalid, the remaining provisions of this
Ordinance shall nevertheless be and remain in full force and effect and the Board of
Directors of the Costa Mesa Sanitary District of Orange County, California, hereby
declares that each and every section, clause, provision or part of this Ordinance would
have been adopted and made a part of this Ordinance without the adoption of any
portion thereof and that the invalidity of any part or provision hereof shall not in any way
Ordinance No.
affect the validity or enforcement of the remaining provisions of this Ordinance that may
stand on their own.
Section 3. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the
Clerk shall cause this ordinance or a summary thereof to be published in a newspaper
of general circulation printed and published in the District according to law
PASSED and ADOPTED this
" (l.Xb'�.,.,
Secretary
day of Ua ?2015.
41k 4--
F resident
Ordinance No.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA 1
I, NOELANI MIDDENWAY, Clerk of the Costa Mesa Sanitary District, hereby
certify that the above and foregoing Ordinance No. 102 was duly and regularly passed
and adopted by said Board of Directors at a regular meeting thereof, held on the 26
day of Bahr "ary , 2015 by the following votes:
AYES: Scheafer, Perry, Ooten, Ferryman
NOES: None
ABSENT: Schafer
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this ,_day of FPhrnary , 2015.