(a) Before recording a lien, the board or its designee shall provide notice of the lien to the property owner that includes the following information:
(1) identification of the board as the entity on whose behalf the lien is to be imposed,
(2) the board's authority as described in Water Code Section 8704.2 (a) for recordation of the lien,
(3) a legal description and assessor's parcel number for the real property upon which the lien is to be imposed,
(4) the amount of the lien,
(5) the name of the property owner of record, and
(6) the time and date of a hearing before the board at which time the owner may appear to contest the amount of the lien.
(b) Upon recordation, the lien shall continue until it is released or otherwise discharged by the board by recording a notice of discharge with the county clerk upon payment of the lien. The notice of discharge shall contain the information listed in (a)(1) through (5) of this Section.
(c) Any hearing held regarding recordation of the lien shall comply with the evidentiary hearing provisions described in these regulations at Sections 13(c)-(f) and (i), 13.1, and 13.2 with the following changes:
1) The “applicant” shall be referred to as the respondent.
2) The “application” shall be referred to as the “proposed lien.”
3) Notice of the hearing shall be provided 20 days before the hearing is scheduled to occur.
4) The staff recommendation, if adopted in whole or in part by the board, may serve as the written conclusions required by Section 13.1(h) and need not include a discussion of the elements identified in Water code Section 8610.5(c)(1)-(4).
Credits
Note: Authority cited: Section 8571, Water Code. Reference: Sections 8534, 8598, 8701.4 and 8704.2, Water Code.
1. New section filed 1-9-2014 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-9-2014 order, including nonsubstantive amendments, transmitted to OAL 5-29-2014 and filed 7-11-2014 (Register 2014, No. 28).
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 23, § 29, 23 CA ADC § 29
