Board adopts ordinance establishing administrative challenge process for property‑related fees

The Board of Supervisors introduced and adopted an ordinance creating a new county chapter to implement an administrative exhaustion process for challenges to fees, charges and assessments under Government Code section 53759.1 and to align procedures with Proposition 218 requirements.

Deputy Director of Public Works Sam Servany told the board the ordinance requires written objections to be filed with the clerk of the board before the close of public comment at a fee hearing; it also requires the county to provide written responses explaining rationale for retaining or modifying fees. Servany said the rule narrows later court challenges to matters actually raised in administrative objections unless a court finds there was no reasonable expectation the objection could have been raised.

No members of the public spoke on the item. The board voted to waive the first reading and introduce the ordinance and then adopted it. The clerk recorded the motion and the vote; the board chair announced the motion carried 5–0.

The ordinance applies to property‑related fees, special assessments and utility fees across county service areas and special districts as described in the staff report, and staff said it formalizes a process intended to address concerns in Proposition 218 litigation and reduce risk of subsequent legal challenges by requiring exhaustion of administrative remedies before litigation.

The ordinance record and any implementation guidance will be posted to the county website and the county will adopt administrative procedures for handling written objections and preparing written responses to objectors as required by state law.