Banning Municipal Code Art. III Objection Regarding Property Related Fees or Assessments Pursuant to…

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Editor's note— Ord. No. 1612, § 2 (Exh. A), adopted September 23, 2025, set out provisions intended for use as §§ 13.08.010—13.08.060. Inasmuch as there were already provisions so designated, said sections have been codified herein as §§ 13.08.060—13.08.110 at the discretion of the editor.

This Chapter establishes the administrative procedures required for consideration and adoption of new or increased water/sewer fees and special benefit assessments in accordance with Article XIII D of the California Constitution and Government Code Sections 53759.1 and 53759.2. These procedures are designed to provide property owners with a meaningful opportunity to object to such fees or assessments and to ensure the City complies with applicable constitutional and statutory requirements.

(Ord. No. 1612, § 2 (Exh. A), 9-23-25)

This Chapter applies to all proceedings initiated by the City of Banning to adopt or increase water/sewer service-related property fees or special benefit assessments under Section 4 or Section 6 of Article XIII D of the California Constitution.

(Ord. No. 1612, § 2 (Exh. A), 9-23-25)

A. Prior to the adoption of any new or increased water/sewer fee or special benefit assessment, the City shall:

1. Publish and make available the proposed fee or assessment and its written basis on the City's official website;

2. Provide at least forty-five days for property owners to review and submit objections;

3. Accept only written objections submitted within the forty-five day notice period and prior to the conclusion of any required public hearing;

4. Respond in writing to timely filed objections before the close of the protest hearing or ballot tabulation.

B. Any objection must:

1. Be submitted by a property owner subject to the proposed fee or assessment;

2. Be in writing;

3. Clearly state the specific grounds for alleging noncompliance with Article XIII D.

(Ord. No. 1612, § 2 (Exh. A), 9-23-25)

In accordance with Government Code Section 53759.1, no legal action or proceeding challenging the validity of any water/sewer fee or assessment shall be brought unless the affected party has first exhausted administrative remedies by complying with the objection procedure set forth in this Chapter.

(Ord. No. 1612, § 2 (Exh. A), 9-23-25)

The City shall maintain an administrative record of all proceedings related to proposed fees or assessments pursuant to Government Code Section 53759.2.

(Ord. No. 1612, § 2 (Exh. A), 9-23-25)

In the event of any conflict between this Chapter and any other ordinance, regulation, or policy of the City, the provisions of this Chapter shall control, except where superseded by state or federal law.

(Ord. No. 1612, § 2 (Exh. A), 9-23-25)