Legal Actions Challenging Revenue Measures for Water or Sewer Service

Cal. GOV § 53759

California Statutes

(

a) Any judicial action or proceeding to attack, review, set aside, void, validate, or annul an ordinance, resolution, or motion adopting a fee or charge for water or sewer service, or modifying or amending an existing fee or charge for water or sewer service, shall be commenced within days of the effective date or of the date of the final passage, adoption, or approval of the ordinance, resolution, or motion, whichever is later. (

b) Any action under this

section by a local agency or interested person shall be brought pursuant to

Chapter 9 (commencing with

Section 860) of Title of Part of the Code of Civil Procedure, except that the time limits of subdivision (

a) shall apply. (

c) This

section does not apply to any fee or charge for water or sewer service for which another statute establishes a specific time and procedure for bringing a judicial action or proceeding to attack, review, set aside, void or annul a fee or charge of that type. (

d) A water or sewer agency required to mail a written notice pursuant to paragraph (1) of subdivision (

a) of

Section of

Article XIII D of the California Constitution shall include in the written notice a statement that there is a 120-day statute of limitations for challenging any new, increased, or extended fee or charge. (

e) This

section does not apply to a judicial action arising from billing errors, including, but not limited to, overbilling, due to the defective implementation of an ordinance, resolution, or motion adopting, modifying, or amending a fee or charge for water or sewer service. (

f) This

section shall only apply to a fee or charge for water or sewer service that has been adopted, modified, or amended after January 1, 2022.

Document details

CollectionCalifornia Statutes
CitationCal. GOV § 53759
Date2022-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierGOV53759.20212161

Legal Actions Challenging Revenue Measures for Water or Sewer Service

Cal. GOV § 53759

California Statutes

Legal Actions Challenging Revenue Measures for Water or Sewer Service

Cal. GOV § 53759

California Statutes

(

a) Any judicial action or proceeding to attack, review, set aside, void, validate, or annul an ordinance, resolution, or motion adopting a fee or charge for water or sewer service, or modifying or amending an existing fee or charge for water or sewer service, shall be commenced within days of the effective date or of the date of the final passage, adoption, or approval of the ordinance, resolution, or motion, whichever is later. (

b) Any action under this

section by a local agency or interested person shall be brought pursuant to

Chapter 9 (commencing with

Section 860) of Title of Part of the Code of Civil Procedure, except that the time limits of subdivision (

a) shall apply. (

c) This

section does not apply to any fee or charge for water or sewer service for which another statute establishes a specific time and procedure for bringing a judicial action or proceeding to attack, review, set aside, void or annul a fee or charge of that type. (

d) A water or sewer agency required to mail a written notice pursuant to paragraph (1) of subdivision (

a) of

Section of

Article XIII D of the California Constitution shall include in the written notice a statement that there is a 120-day statute of limitations for challenging any new, increased, or extended fee or charge. (

e) This

section does not apply to a judicial action arising from billing errors, including, but not limited to, overbilling, due to the defective implementation of an ordinance, resolution, or motion adopting, modifying, or amending a fee or charge for water or sewer service. (

f) This

section shall only apply to a fee or charge for water or sewer service that has been adopted, modified, or amended after January 1, 2022.

Document details

CollectionCalifornia Statutes
CitationCal. GOV § 53759
Date2022-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierGOV53759.20212161
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