Sanitary District Has Exclusive Right To Provide Sewer Services Within District, Even Though Part Of Area Overlaps City Property

In Home Gardens Sanitary District v City of Corona (Ct. App. 4th Dist. 2002) 116 Cal.Rptr.2d 638, the California Court of Appeal, Fourth Appellate District held that a city had no right to interfere with a sanitary district’s provision of sewer services within its district area, even though part of that area was within the city’s territorial limits. Despite this, the Court noted that its decision would not apply to a chartered city with a home rule provision in its charter.

Facts

In 1963, the Home Gardens Sanitary District (District) began providing sewer service to an area in the vicinity of what is now the intersection of Magnolia Avenue and East Sixth Street in the City of Corona (City). At the time District began providing service, the area was in an unincorporated part of the county. City annexed the area in 1986, placing it within the geographical limits of both City and District.

In 1999, City adopted a policy requiring all properties in the annexed area to connect to City’s sewage collection system except in very limited circumstances. District sued City seeking a court declaration that District alone had the right to provide sewer service to the area.

The Court of Appeal’s Decision

The Court of Appeal agreed with District. The Court held that, under the California Constitution and the state law applicable at the time the District was formed, District’s police power prevailed over City’s power to require residents to use City’s service within District’s boundaries.

The term “police power” refers to a federal, state, or local government’s authority to make and enforce laws and regulations concerning health, safety, police matters and the like. The scope of a city or county’s police power generally is very broad, but in most cases is still subordinate to statutory law on the same subject.

District was organized under California’s Sanitary District Act of 1923. (Health & Saf. Code, § 6400 et seq.]. That law specifically granted District the authority to construct and operate sewage collection and treatment facilities and to “compel all residents and property owners” within District’s boundaries to connect with its sewer system. Under the general police powers granted to cities and counties by the state Constitution, City also has the power to require property owners within its jurisdiction to connect with City’s service. However, the Constitution also limits a city’s power to situations where City’s exercise of power does not conflict with state law. Because District’s authority derived from a state statute granting District the police powers of the state as to sewage collection matters, District’s powers prevailed over City’s powers, giving District the exclusive right to require property owners within District to use District’s service.

The Court noted that its decision would not apply to cities organized under a charter with a “home rule” provision allowing the city to make and enforce all ordinances and regulations concerning municipal affairs. Chartered cities are exempt from the restriction making their ordinances subordinate to conflicting state law; thus, ordinances enacted by charter cities relating to purely municipal matters would prevail over state laws on the same subject. Because the City of Corona was formed under the general laws of California rather than a charter, the “home rule” exception did not apply, and City’s authority was subordinate to District’s authority within the annexed area.