Code Section Group

Health and Safety Code - HSC


  ( Division 6 enacted by Stats. 1939, Ch. 60. )

PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830]

  ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. )

CHAPTER 2. Formation [6420 - 6466]

  ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

ARTICLE 2. Hearing [6440 - 6448]
  ( Article 2 enacted by Stats. 1939, Ch. 60. )


At the time designated the board of supervisors shall hear the petition, and may adjourn the hearing from time to time.

(Enacted by Stats. 1939, Ch. 60.)


The board of supervisors shall not modify the boundaries of the proposed district as set forth in the petition so as to exclude from the proposed district any land which would be benefited by the formation of the district, nor shall there be included in the proposed district any lands which will not in the judgment of the board be benefited.

(Enacted by Stats. 1939, Ch. 60.)


If the board of supervisors concludes that any land has been improperly omitted from the proposed district and the owner has not appeared at the hearing, it shall continue the further hearing of the petition, and shall order notice given to the nonappearing owner, requiring him to appear before it and show cause, if any he has, why his land should not be included in the proposed district.

(Enacted by Stats. 1939, Ch. 60.)


The notice shall be given either by publication in the same manner as the original petition and for the same period, or by personal service on each nonappearing owner.

(Enacted by Stats. 1939, Ch. 60.)


If the notice is given by personal service, it shall be given at least three days prior to the date fixed for the further hearing.

(Enacted by Stats. 1939, Ch. 60.)


The board of supervisors may grant further continuances, by order entered in its minutes, to the end that a full hearing may be had.

(Enacted by Stats. 1939, Ch. 60.)


Upon the final hearing of the petition, the board of supervisors, if it approves the petition as originally presented or in a modified form, shall make an order containing:

(a)  A description of the exterior boundaries of the proposed district, as determined by the board of supervisors.

(b)  The date on which an election will be held in the proposed district.

(Enacted by Stats. 1939, Ch. 60.)


The order shall:

(a)  Fix the day of the election, which shall be held on the next established election date not less than 74 days from the date of the order.

(b)  State that at the election there shall be elected a district assessor, and five members of the board.

(Amended by Stats. 1973, Ch. 1146.)


The order shall be entered in the minutes of the board of supervisors, and is conclusive evidence of the due presentation of a proper petition, and of the fact that each of the petitioners was, at the time of the signature and presentation of the petition, a resident and freeholder in the proposed district.

(Enacted by Stats. 1939, Ch. 60.)

HSCHealth and Safety Code - HSC2.