The City of Manhattan Beach will no longer charge residents a street sweeping fee in an effort to fully align itself with Proposition 218, a statewide initiative which requires certain “property-related fees” be approved by a vote of residents before they are imposed, City Manager Dave Carmany said Monday.
Carmany explained that city officials previously believed the street sweeping fee was not subject to the requirements of Proposition 218, or “Right to Vote on Taxes Act,” when first imposed in 2004.
However, in 2006, the California Supreme Court adopted a broader interpretation of the term, ruling that the due process of required vote applies to “charges for a property-related service, whether the charge is calculated on the basis of consumption or is imposed as a fixed monthly fee.”
“Previously the city had been collecting [the fees] based on a past legal interpretation of the law,” Carmany said. “These charges sparked a review which resulted in this change in the policy.”
Carmany said this issue was brought to his attention by city staff who then sought legal advice.
“This is the story of a city doing the right thing,” he said.
The charge, which normally appears on city utility bills, was previously based on a percentage of the customer’s refuse bill.
Residents may file a claim for reimbursement of the street sweeping charges by filling out a reimbursement claim form available at City Hall, the Police and Fire Department lobby and on the city website. Eligible customers may receive reimbursement for past payments up to four years from the date a claim is submitted.
