Notice of Intent to Adopt Ordinance 24-4

Ordinance 24-4 requires individuals to exhaust administrative remedies before pursuing any legal challenges related to the Carpinteria Valley Water District’s (CVWD) fees, charges, or assessments on real property, including the methodologies used to develop them. This means that anyone wishing to contest these fees or assessments must first submit a written objection to the District, clearly outlining the specific grounds for alleging noncompliance with applicable laws. Any subsequent judicial action is restricted to the issues raised in a written objection, unless a court determines that the issue could not have been reasonably identified during the objection process.

Under this ordinance, the District is required to follow a detailed process to ensure transparency and public participation when adopting new or amending existing fees and charges. First, it must notify the public by making the basis for proposed fees, charges, or assessments available at least 45 days before the deadline for objections. Additionally, the District must provide supporting documents, such as cost analyses or engineer reports, online and by mail upon request.

The notice of the public hearing must include clear instructions for submitting objections, with a bolded statement emphasizing that failing to submit a written objection will bar any future court challenges. Property owners are allowed to submit written objections up until the close of the public comment period during the hearing.

The Board is obligated to respond in writing to all timely objections and, based on the feedback, may choose to adjust, reduce, or abandon the proposal. Ultimately, the Board must determine whether changes to the proposal are warranted or if it should proceed as originally planned.

A full copy of the draft ordinance can be found on the District’s website at www.cvwd.net/documents/Draft-Ordinance-24-4.pdf or can be provided upon request.