Petaluma Municipal Code Ch. 4.50 Exhaustion of Administrative Remedies for Challenges to

FEES, CHARGES, AND ASSESSMENTS ON REAL PROPERTY

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

A. Any fee or charge subject to Article XIII D of the California Constitution;

B. Any assessment on real property levied by the city; and

C. The methodology used to develop and levy such a fee, charge, or assessment.

(Ord. 2899 NCS § 3, 2024.)

A. “City clerk” as used in this chapter means the city clerk for the city of Petaluma or their designee.

B. “Hearing” as used in this chapter means the hearing referenced in Section 4.50.070(D).

(Ord. 2899 NCS § 3, 2024.)

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 Lnds the issue could not have been raised in such an objection by those

exercising reasonable diligence. (Ord. 2899 NCS § 3, 2024.)

The city shall:

A. Make available to the public any proposed fee, charge, or assessment to which this chapter is to apply no less

than forty-Lve days before the deadline for a ratepayer or assessed property owner to submit an objection

pursuant to subsection D of this section.

B. 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 or paragraph (1) of subdivision (a) of

Section 6 of Article XIII D of the California Constitution.

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

D. Provide at least forty-Lve 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

speciLes 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.

E. Include in a written notice of the hearing, a statement in bold-faced type of twelve points or larger that:

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

2. All substantive and procedural requirements for submitting an objection to the proposed fee, charge, or

assessment such as those speciLed 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).

(Ord. 2899 NCS § 3, 2024.)

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. (Ord. 2899 NCS § 3, 2024.)

The city council, in exercising its legislative discretion, shall determine whether:

A. The written objections and the city’s response warrant clariLcations to the proposed fee, charge, or

assessment.

B. To reduce the proposed fee, charge or assessment.

C. To further review the proposed fee, charge, or assessment before determining whether clariLcation or

reduction is needed.

D. To proceed with the hearing, to continue it, or to abandon the proposal.

(Ord. 2899 NCS § 3, 2024.)

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

Disclaimer: The city clerk’s oNce has the oNcial version of the Petaluma Municipal Code. Users should contact the

city clerk’s oNce for ordinances passed subsequent to the ordinance cited above.

City Website: cityofpetaluma.net

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