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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.