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.