as amended, Gallagher.
begin deleteCivil procedure: validation actions. end delete
Existing law authorizes a public agency to bring an action in court to determine the validity of certain matters within 60 days of the existence of the matter, as specified. If the public agency does not bring this action, existing law authorizes any interested person to bring the same action in court to determine the validity within 60 days of the existence of the matter, as specified. Existing law prohibits a contest of any thing or matter under these provisions from being made other than within the specified time and manner, except by the public agency or its officer or agent.end delete
This bill would delete the prohibition on a contest of any thing or matter under these provisions being made other than within the specified time and manner, except by the public agency or its officer or agent.end delete
begin deleteno end delete.
State-mandated local program: begin deleteno end delete.
The people of the State of California do enact as follows:
(a) (1) The notice required by paragraph (1) of
4subdivision (a) of Section 6 of Article XIII D of the California
5Constitution of a proposed increase of an existing fee or charge
6for a property-related service being provided to a parcel may be
7given by including it in the agency’s regular billing statement for
8the fee or charge or by any other mailing by the agency to the
9address to which the agency customarily mails the billing statement
10for the fee or charge.
11(2) The notice required by paragraph (1) of subdivision (a) of
12Section 6 of Article XIII D of the California Constitution of a
13proposed new fee or charge may be given in the manner authorized
14for notice of an increase of a fee or charge if the agency is currently
15providing an existing property-related service to the address.
16(3) If the agency desires to preserve any authority it may have
17to record or enforce a lien on the parcel to which service is
18provided, the agency shall also mail notice to the recordowner’s
19address shown on the last equalized assessment roll if that address
20is different than the billing or service address.
21(b) One written protest per parcel, filed by an owner or
22tenant of the parcel, shall be counted in calculating a majority
23protest to a proposed new or increased fee or charge subject to the
24requirements of Section 6 of Article XIII D of the California
9(c) Any agency that bills, collects, and remits a fee or charge
10on behalf of another agency may provide the notice required by
11Section 6 of Article XIII D of the California Constitution on behalf
12of the other agency.
Section 869 of the Code of Civil Procedure is
10amended to read:
The availability to a public agency, including a local
12agency, or to its officers or agents, of the remedy provided by this
13chapter, shall not be construed to preclude the use by the public
14agency or its officers or agents, of mandamus or any other remedy
15to determine the validity of any thing or matter.