Mariposa County Municipal Code § 3.50 Administrative Remedies Procedures For Challenges To Fees, Charges, And Assessments

This chapter shall be known as the “Administrative Remedies Procedures for Challenges to Fees, Charges, and Assessments” Ordinance. The purpose and intent of this chapter, pursuant to Government Code section 53759.1 and other applicable law, is to establish an administrative remedies procedure for challenges to fees, charges, and assessments. This chapter shall provide for exhaustion of administrative remedies for challenges to fees, charges, and assessments on real property.

HISTORY

Adopted by Ord. 1195 on 4/1/2025 3.50.020 Scope

The duty to exhaust administrative remedies imposed by this section extends to:

2. Any assessment on real property levied by the County, and

3. The methodology used to develop any levy such as fee, charge, or assessment.

HISTORY

Adopted by Ord. 1195 on 4/1/2025

• 3.50.030 Hearing

“Hearing” as used in this section means the hearing referenced in 3.50.050 of this chapter.

HISTORY

Adopted by Ord. 1195 on 4/1/2025

No person may bring a judicial action or proceeding alleging noncompliance with the California Constitution or other applicable law for any new, increased, or extended fee, charge, or assessment levied by the County, unless that person submitted to the Clerk of the Board of Supervisors a timely, written objection to that fee, charge, or assessment specifying the grounds for alleging noncompliance. The issues raised in any such action or proceeding shall be limited to those raised in such an objection unless a court finds the issue could not have been raised in such an objection by those exercising reasonable diligence.

HISTORY

Adopted by Ord. 1195 on 4/1/2025

• 3.50.050 Procedures

The County Shall:

1. Make available to the public any proposed fee, charge, or assessment to which this section is to apply no less that 45 days before the deadline for a ratepayer or assessed property owner to submit an objection pursuant to paragraph 4 D of this section.

2. Post on its internet website a written basis for the fee, charge, or assessment, such as a cost of service analysis or an engineer’s report, and include a link to the internet website in the written notice of the Hearing, including, but not limited to a notice pursuant to paragraph C of this section or paragraph (1) of subdivision (a) of section 6 of article XIII D of the California Constitution.

3. Mail the written basis described in paragraph B of this section to a ratepayer or property owner on request.

4. Provide at least 45 days for a ratepayer or assessed property owner to review the proposed fee or assessment and to timely submit to the Clerk of the Board of Supervisors a written objection to that fee, charge, or assessment that specifies the grounds for alleging noncompliance. Any objection shall be submitted before the end of the public comment portion of a Hearing on the rate, charge, or assessment.

5. Include in a written notice of the Hearing, a statement in bold-faced type of 12 points or larger that: 1. All written objections must be submitted to the Clerk of the Board of Supervisors by the end of the public comment period at the Hearing and that a failure to timely object in writing bars any right to challenge that fee, charge, or assessment in court and that any such action will be limited to issues identified in such objections.

6. All substantive and procedural requirements for submitting an objection to the proposed fee, charge, or assessment such as those specified for a property-related fee under California Constitution, article XIII D, section 6(a) or for an assessment on real property under California Constitution, article XIII D, section 4(e).

HISTORY Adopted by Ord. 1195 on 4/1/2025

Before or during the Hearing, the Board of Supervisors shall consider and the County shall respond in writing to, any timely written objections. The Board of Supervisors may adjourn the Hearing to another date if necessary to respond to comment received after the agenda is posted for the meeting at which the Hearing occurs. The County’s responses shall explain the substantive basis for retaining or altering the proposed fee, charge, or assessment in response to written objections, including any reasons to reject requested amendments.

HISTORY

Adopted by Ord. 1195 on 4/1/2025

• 3.50.070 Board Determination

The Board of Supervisors, in exercising its legislative discretion, shall determine whether:

1. The written objections and the County's response warrant clarifications to the proposed fee, charge, or assessment;

2. To reduce the proposed fee, charge, or assessment;

3. To further review the proposed fee, charge, or assessment before determining whether clarification or reduction is needed; and

4. To proceed with the Hearing, to continue it, or to abandon the proposal.

HISTORY

Adopted by Ord. 1195 on 4/1/2025

• 3.52 Collection Of County Service Area Assessments