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Board adopts ordinance creating administrative remedies for fee challenges
Summary
Mariposa County adopted an ordinance establishing an administrative objection process under Government Code section 53759.1 and aligning with Proposition 218 procedures; the board voted 5-0 to introduce and waive the first reading and adopt the chapter.
The Mariposa County Board of Supervisors on March 18 adopted a new ordinance creating a formal administrative remedies process for challenges to fees, charges and assessments.
Sam Servany, deputy director of public works, explained the ordinance implements Government Code section 53759.1 and aligns with procedural expectations under Proposition 218. The process requires written objections to be submitted to the clerk of the board before the close of public comment at a public hearing, limits subsequent legal challenges to issues raised in those written objections (except where a court finds otherwise), and requires the county to provide written responses explaining the rationale for retaining or modifying proposed fees.
The ordinance is intended to address property-related fees and special assessments and to ensure members of the public have a structured pathway for raising objections prior to litigation. After a brief public comment period with no speakers, the board discussed scope and applicability, confirmed the measure applies to property-related fees (including special assessments and utility fees), and adopted the item on a unanimous vote.
The board—directed staff to implement the notification and objection process and to return as needed for further clarifying language or related policies.
