Section 66016 Of Chapter 8. Procedures For Adopting Various Fees From California Government Code >> Division 1. >> Title 7. >> Chapter 8.
66016
. (a) Prior to levying a new fee or service charge, or prior
to approving an increase in an existing fee or service charge, a
local agency shall hold at least one open and public meeting, at
which oral or written presentations can be made, as part of a
regularly scheduled meeting. Notice of the time and place of the
meeting, including a general explanation of the matter to be
considered, and a statement that the data required by this section is
available, shall be mailed at least 14 days prior to the meeting to
any interested party who files a written request with the local
agency for mailed notice of the meeting on new or increased fees or
service charges. Any written request for mailed notices shall be
valid for one year from the date on which it is filed unless a
renewal request is filed. Renewal requests for mailed notices shall
be filed on or before April 1 of each year. The legislative body may
establish a reasonable annual charge for sending notices based on the
estimated cost of providing the service. At least 10 days prior to
the meeting, the local agency shall make available to the public data
indicating the amount of cost, or estimated cost, required to
provide the service for which the fee or service charge is levied and
the revenue sources anticipated to provide the service, including
General Fund revenues. Unless there has been voter approval, as
prescribed by Section 66013 or 66014, no local agency shall levy a
new fee or service charge or increase an existing fee or service
charge to an amount which exceeds the estimated amount required to
provide the service for which the fee or service charge is levied.
If, however, the fees or service charges create revenues in excess of
actual cost, those revenues shall be used to reduce the fee or
service charge creating the excess.
(b) Any action by a local agency to levy a new fee or service
charge or to approve an increase in an existing fee or service charge
shall be taken only by ordinance or resolution. The legislative body
of a local agency shall not delegate the authority to adopt a new
fee or service charge, or to increase a fee or service charge.
(c) Any costs incurred by a local agency in conducting the meeting
or meetings required pursuant to subdivision (a) may be recovered
from fees charged for the services which were the subject of the
meeting.
(d) This section shall apply only to fees and charges as described
in Sections 51287, 56383, 65104, 65456, 65584.1, 65863.7, 65909.5,
66013, 66014, and 66451.2 of this code, Sections 17951, 19132.3, and
19852 of the Health and Safety Code, Section 41901 of the Public
Resources Code, and Section 21671.5 of the Public Utilities Code.
(e) Any judicial action or proceeding to attack, review, set
aside, void, or annul the ordinance, resolution, or motion levying a
fee or service charge subject to this section shall be brought
pursuant to Section 66022.