JurisdictionCaliforniaCode GOVGovernment Code - GOV
Div.2.
Title 5.DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES
Part 1.PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES
Ch. 4.CHAPTER 4. Financial Affairs
Art. 4.7.ARTICLE 4.7. Legal Actions Challenging Revenue Measures for Water or Sewer Service
(a)For purposes of this section, the following definitions apply:
(1)“Exhaustion of remedies requirement” means the written objection requirement under subdivision (b).
(2)“Fee or assessment” means the amount of any property-related water or sewer fee or charge, or any special assessment levied or the methodology used to develop and levy the fee, charge, or assessment.
(3)“Sewer” includes systems, all real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate sewage
collection, treatment, or disposition for sanitary or drainage purposes, including lateral and connecting sewers, interceptors, trunk and outfall lines, sanitary sewage treatment or disposal plants or works, drains, conduits, outlets for surface or storm wa
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(a)
For purposes of this section, the following definitions apply:
(1)
“Exhaustion of remedies requirement” means the written objection requirement under subdivision (b).
(2)
“Fee or assessment” means the amount of any property-related water or sewer fee or charge, or any special assessment levied or the methodology used to develop and levy the fee, charge, or assessment.
(3)
“Sewer” includes systems, all real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate sewage
collection, treatment, or disposition for sanitary or drainage purposes, including lateral and connecting sewers, interceptors, trunk and outfall lines, sanitary sewage treatment or disposal plants or works, drains, conduits, outlets for surface or storm waters, and any and all other works, property, or structures necessary or convenient for the collection or disposal of sewage, industrial waste, or surface or storm waters. “Sewer system” shall not include a sewer system that merely collects sewage on the property of a single owner.
(4)
“Water” means any system of public improvements intended to provide for the production, storage, supply, treatment, or distribution of water from any source.
(b)
For purposes of any fee or assessment adopted by a local agency pursuant to
Section 4 or 6 of Article XIII
D of the California Constitution, if the local agency complies with the procedures described in subdivision (c), a person or entity shall be prohibited from bringing a judicial action or proceeding alleging noncompliance with Article XIII D of the California Constitution for any new, increased, or extended fee or assessment, unless that person or entity has timely submitted to the local agency a written objection to that fee or assessment that specifies the grounds for alleging noncompliance.
(c)
The exhaustion of remedies requirement authorized by subdivision (b) applies only if the local agency does all of the following:
(1)
Makes available to the public a proposed fee or assessment no less than 45 days prior to the deadline for
a ratepayer to submit an objection, as established by the local agency pursuant to paragraph (4).
(2)
Posts on its internet website a written basis for the fee or assessment and includes a link to the internet website in the written notice, sent pursuant to subdivision (c) of Section 4 or paragraph (1) of subdivision (a) of Section 6 of Article XIII D of the California Constitution.
(3)
Mails the written basis described in paragraph (2) to a property owner upon request.
(4)
Provides at least 45 days for a property owner to review the proposed
fee or assessment and to timely submit to the local agency a written objection to that fee or assessment that specifies the grounds for alleging noncompliance. To be considered timely, any written objection shall be submitted by a deadline established by the local agency, which shall be no less than 45 days after notice is provided pursuant to subdivision (c) of Section 4 or paragraph (1) of subdivision (a) of Section 6 of Article XIII D of the California Constitution, as applicable.
(5)
Considers and responds in writing, including the grounds for which a challenge is not resulting in amendments to the proposed fee or assessment, to any timely submitted written objections prior to the close of the protest hearing or ballot tabulation hearing required under Section 4 or 6 of Article XIII
D of the California
Constitution. The agency’s response shall explain the substantive basis for retaining or altering the proposed fee or assessment in response to the written objection. Timely submitted written objections and agency responses required by this subdivision shall be presented to the local agency’s governing body for consideration prior to or during a protest hearing or ballot tabulation hearing required under Section 4 or 6 of Article XIII
D of the California Constitution.
(6)
Includes in the written notice, sent pursuant to subdivision (c) of Section 4 or paragraph (1) of subdivision (a) of Section 6 of Article XIII
D of the
California Constitution, a prominently displayed statement that contains the following information:
(A)
That all written objections must be submitted within the written objection period set by the local agency pursuant to paragraph (4) and that a failure to timely object in writing bars any right to challenge that fee or assessment through a legal proceeding.
(B)
All substantive and procedural requirements for submitting an objection to the proposed fee or assessment.
(7)
Completes the procedures described in paragraphs (1) to (6), inclusive, prior to the completion of the protest hearing and ballot tabulating hearing required by Section 4 or 6 of Article XIII
D of the California Constitution.
(d)
The local agency’s governing body, in exercising its legislative discretion, shall determine any of the following:
(1)
Whether the written objections and the agency’s response warrant clarifications to the proposed fee or assessment.
(2)
Whether to reduce the proposed fee or assessment.
(3)
Whether to further review before making a determination on whether clarification or reduction is needed.
(4)
Whether to proceed with the protest hearing or ballot tabulation hearing required under Section 4 or 6 of Article XIII
D of the California Constitution.
(e)
The local agency’s response to timely submitted written objections, as required under paragraph (5) of subdivision (c), shall go to the weight of the evidence supporting the agency’s compliance with the substantive limitations on fees and assessments imposed by Section 4 or 6 of Article XIII
D of the California Constitution. There shall be no independent cause of action as to the adequacy of a local agency’s response pursuant to paragraph (5) of subdivision
(c).