County of Butte v. North Burbank Public Utility District
Opinion
Lead Opinion
Puglia, J.
Are delinquent sewage service charges in all cases a lien upon the real property upon which the service was used? Under the circumstances of this case, the trial court held they were not. We affirm.
Defendant, North Burbank Public Utility District (District), is a jiublic utility district formed pursuant to Public Utilities Code section 15501 et seq. Located within the District boundaries is a mobilehome park known as the Oaks at Lake Oroville (Oaks), which the District provides with sewage service.
The Oaks became delinquent in sewage service charges incurred from March through June 1978. On or about July 1, 1978, District, pursuant to Public Utilities Code section 16469, notified the County of Butte to add to the assessment roll , unpaid charges in the amount of $3,136. *345 These charges were added to the District taxes and included in the tax bill for 1978-1979. By June 30, 1979, the delinquent service charges accrued to the Oaks had increased by an additional $17,046. These charges were ordered to be added to the tax bill for 1979-1980. On August 2, 1979, District caused a “Notice of Delinquent Charges, Taxes and Services” to be recorded.