Ord 1983-171
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19'.
20
21
22
23
24
25
26
27
28
29
30
31
ORDINANCE NO. 17
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, DECLARING
ITS INTENTION TO FORM AN ASSESSMENT DISTRICT UNDER AND BY
VIRTUE OF CHAPTER 6, ARTICLE 4, HEALTH AND SAFETY CODE OF
THE STATE OF CALIFORNIA PROVIDING FOR LIQUID WASTE DISPOSAL;
ORDERING THE DISTRICT ENGINEER TO PREPARE THE MAP, FURTHER
ORDERING THE DISTRICT ENGINEER, THE DISTRICT MANAGER AND THE
DISTRICT DIRECTOR OF FINANCE TO PREPARE THE REPORT AND TO
FIX THE ASSESSMENT AGAINST EACH PARCEL WITHIN THE DISTRICT;
SETTING THE TIME AND PLACE FOR PUBLIC HEARING; ORDERING
PUBLICATION, AND MAILING OF NOTICES OF SAID HEARING;
ELECTING TO COLLECT RATES ON THE COUNTY TAX ROLLS AND
GENERALLY PROVIDING FOR ALL THINGS NECESSARY TO IMPLEMENT
THIS ACT.
THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE
COUNTY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
The Board finds and declares that the health, safety, comfort and
general welfare of persons residing or doing business within the District
require adequate liquid waste disposal.
The Board further finds and declares that the absence of adequate
ad valoren or other tax revenues for the acquisition, construction, recon-
struction, maintenance and operation of the District's liquid waste disposal
system requires that user fees be assessed against real property parcels
within the District for these purposes.
The Board further finds and declares that the most equitable method
of obtaining revenues is to require the user of the liquid waste disposal
facilities to bear the costs for acquisition, construction, reconstruction,
maintenance and operation in accordance with and in proportion to the use
made of the District's liquid waste disposal system.
The Board further finds and declares that revenues must be obtained
and made available to the District for replacement of parts of its liquid
waste disposal system approaching the end of its useful lifetime in order to
adequately protect the health of the community, guard against disease epidemics
and environmental pollution which will result if adequate revenues are not
available to maintain the liquid waste disposal system.
The Board further finds and declares that as a.District organized
3211 under and by virtue of the "Sanitary District Act of 1923 ", (.found in
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Division 6, Part 1, Chapter 1 of the Health and Safety Code), it has the power
as set forth in Section 5473 and Section 6520.5 of the Health and Safety Code
Ito act in the manner as set forth in this Ordinance.
Accordingly, pursuant to the powers of the District as set forth in
Article 4, Chapter 6, Part 3, Division 5 consisting of Sections 5470 through
and including Section 5474.10, Health and Safety Code, and other applicable
laws, rules and regulations, the following Sections are adopted:
SECTION 1.
There is hereby established a user fee for the acquisition, construc-
tion, reconstruction, maintenance and operation of the liquid waste disposal
system of the District to be determined by and made effective by the provisions
of this Ordinance as hereinafter provided.
SECTION 2.
The Board hereby declares its intention to elect to proceed under
Section 5473, Health and Safety Code, and to have its liquid waste disposal
charges collected on the tax roll in the same manner and by the same person
together with and not separately from the general taxes.
SECTION 3.
The District Engineer is hereby ordered to prepare the map for the
purposes of this Ordinance as said requirements are set forth in Sections 5473,
Health and Safety Code, and Section 327, Revenue and Taxation Code.
SECTION 4.
The District Manager, District Engineer and District Director of
Finance are hereby ordered to prepare the report as required by Section 5473,
Health and Safety Code, in a form and in the manner as required by the County
Auditor and the Count- Assessor.
SECTION 5..
The hearing prescribed and required by Section 5473.1, Health and
Safety Code, is hereby set for June 9, 1983.
SECTION 6.
Notice of said hearing is hereby ordered to be published pursuant to
Section 6066, Government Code, which shall be once a week for two (2)
-2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27111
28
29
30
31
32
successive weeks with at least five (5) days intervening between each publica-
tion to be in the Daily Pilot and to be deemed complete on the fourteenth day
following the first day of publication counting the.first day of publication.
SECTION 7.
Notice of the filing of the heretofore described report and of said
hearing is hereby ordered to be mailed to each person to whom any parcel or
parcels described in said report is to be charged a fee in accordance with the
requirements of Section 5473.1, Health and Safety Code; said notice is hereby
ordered to be mailed to the address as shown on the latest available assessment
roll.
SECTION 8.
The public hearing shall be held upon the report described in Section 5
after the publication and mailing of notice required by law, at which time the
Board will hear and take evidence of objections or protests to the charges set
forth in the report. The hearing may be continued from time to time by the
Board.
SECTION 9.
Upon conclusion of the hearing, the Board may adopt, revise, change any
charge or overrule any or all objections and will make its determination upon
each charge as described in the report provided for in Section 4 of this
Ordinance and said determination shall be final.
The amount of the charges approved by the District after public hearing
as provided for herein shall constitute a lien against the parcel of land
against which the charge has been imposed as of Noon on the first Monday in
March immediately preceding the levy, provided, however, that if any real
property to which such charges relate has been transferred or conveyed to a
bona fide purchaser for value, or if a lien of a bona fide encumbrance for
value has been created and attaches thereon prior to the date on which the
i
first installment of such taxes would become delinquent, then the lien provided
for herein will be transferred to the unsecured tax roll.
-3-
(4
2
3
4
5
6
7
8
9
101
111
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
SECTION 11.
All of the provisions with respect to charges for subsequent years,
delinquencies, penalties, recordation and notice of lien, interest on lien and
disposition of revenues, and all other provisions of the law not specifically
provided for in this Ordinance, as provided for in Article 4, Chapter 6, Part 3,
Division 5 of the Health and Safety Code, are hereby adopted by reference as
though fully set forth in this Ordinance.
SECTION 12.
Pursuant to Sections 6490 and 6491.3, Health and Safety Code, the
Secretary of the District shall certify to the passage of this Ordinance and
shall cause the same to be published once in the Orange Coast Daily Pilot, a
newspaper of general circulation, printed, published and circulated in the
Costa Mesa Sanitary District, Orange County, California, and seven (7) days
from and after its publication it shall be in full force and effect.
PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary
District, at a regular meeting held on May 12, 1983.
ATTEST:
yr iaent or the uoara of uirectors
of he Costa Mesa Sanitary District
ecretary of the Board of Directors
of the Costa Mesa Sanitary District
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
I, Florine T Asst. Secretary of the Board of Directors
of the Costa Mesa Sanitary District of Orange County, California, DO HEREBY
CERTIFY that the foregoing Ordinance, being Ordinance No. 17, was duly passed,
approved and adopted by said Board, approved and signed by the President of saic
Board, and attested by the ixx x Secretary of said Board, all at a regular
meeting of said Board held on May 12, 1983, and that the same was passed and
adopted by the following roll call vote:
-4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
AYES:
Directors
- WAHNER,
CRANK, HUTCHISON, HANSON, GREEN
NOES:
Directors
- NONE
ABSENT:
Director -
NONE
DATED this 12th
day of May,
1983.
Secretary OT the Board of Directors
of the Costa Mesa Sanitary District
3211 -5