Under Proposition 218, no property-related fees, such as water and sewer fees, may exceed the cost attributable to the property-owners land. Furthermore, these fees may not be used for purposes other than providing the property-related service — for example, for fire, police, and ambulance services.
Dr. Benumof was the lead trial and appellate attorney for the Capistrano Taxpayers Association, Inc. in the benchmark-setting Proposition 218 case Capistrano Taxpayers Association, Inc. v. City of San Juan Capistrano (2015) 235 Cal.App.4th 1493, where the Fourth District Court of Appeal held that the City's tiered water rate structure for water service violated article XIII D, section 6 of the California Constitution, also known as Proposition 218.
If you are a taxpayer or property-owner and believe your local government has imposed fees, charges, and/or taxes in violation of Proposition 218, please contact us for a free consultation. In addition, if you are a California water district or City and would like consultation on the validity of your municipal rate structure, Dr. Benumof works with agencies to help ensure Proposition 218 compliance.