Article 3

Challenge to Fees, Charges, and Assessments on Real Property

• (a) Scope. The duty to exhaust administrative remedies imposed by this section extends to:

  • (1) Any fee or charge subject to articles XIII C or XIII D of the California Constitution,

  • (2) Any assessment on real property levied by the City, and

  • (3) The methodology used to develop and levy such a fee, charge, or assessment.

• (b) "Hearing," as used in this section, means the hearing referenced in subsection (d)(4) of this section.

• (c) Duty to exhaust issues. 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 City, unless that person submitted to the City Clerk 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.

• (d) Procedures. The City shall:

  • (1) Make available to the public any proposed fee, charge, or assessment to which this section is to apply no less than 45 days before the deadline for a ratepayer or assessed property owner to submit an objection pursuant to subsection (d)(4).

  • (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 subdivision (c) of Section 4 of paragraph (1) of subdivision (a) of Section 6 of Article XIII D of the California Constitution.

  • (3) Mail the written basis described in subsection (d)(2) 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 City Clerk 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:

    • a. That all written objections must be submitted to the City Clerk by the end of 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

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City of Ojai, CA § 1-6.301

OJAI CODE

§ 1-6.301

that any such action will be limited to issues identified in such objections.

• b. All substantive and procedural requirements for submitting an objection to the proposed fee, charge, or assessment such as those specified for a propertyrelated 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).

• (e) Council consideration; City responses. Before or during the hearing, the City Council shall consider and the City shall respond in writing to, any timely written objections. The City Council may adjourn the hearing to another date if necessary to respond to comments received after the agenda is posted for the meeting at which the hearing occurs. The City'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.

• (f) City Council determinations. The City Council, in exercising its legislative discretion, shall determine whether:

  • (1) The written objections and the City'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.

(4) To proceed with the hearing, to continue it, or to abandon the proposal. (Ord. 962, eff. 12/12/2024)

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City of Ojai, CA