Legal Question in Civil Rights Law in California
City ordinance legalities
Is it legal for a city to pass an ordinance which requires 'all' property owners to pay a monthly service fee for a service which is not used? Situation in question is whether an ordinance can be passed that requires everyone to pay for trash collection/removal provided by a private company even if occupants of property do nit use trash collection service since they do not live there.
1 Answer from Attorneys
Re: City ordinance legalities
Yes, it it legal. The collection fee is imposed as a service to the property; not as a tax upon an individual.
Only by spreading costs across all property which can be serviced can each individual afford the service. It is a burden on the lot, and it is owed whether or not the service is utilitzed. No one gets to opt out.