HomeMy WebLinkAbout12-16-2014 SS1 Priest2Dec 151412:48p Geiger Prothetics
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Dec 151412:48p Geiger Prothetics 5597407267 p.2
December 15, 2014
San Luis Obispo City Attorney
J. Christine Dietrich
990 Palm Street, Room 10
San Luis Obispo, CA 93401 -3249
RE: Rental Property Inspection Ordinance
Dear Ms. Dietrich,
I am concerned with regard to the proposed Rental Property Inspection Ordinance that is currently being
considered by the SLO city council that there is an issue with how the funds are collected to pay for this project.
I am concerned that this actually is a special tax and not a fee.
By definition, a tax is a charge for public services and facilities. A fee is a charge imposed on an individual for
a service that the individual chooses to receive.
Simply put, because the landlord in this circumstance does not willfully choose to have the rental property
inspected, this is a tax. Because these funds are specific, and not coming out of the general fund, this is
considered a special tax and not a general tax. Therefore, as per California regulation, a vote of the public with
a two- thirds approval is required to impose this tax.
While I noticed that it appears that your office approves of this program, as shown on Page 15 of SS 1 -15 which
is listed online at
s listed online
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In this same report, it is stated:
California Health & Safety Code Section 13146.2b provides cities the legal authority to charge
property owners to recover the reasonable costs of providing these annual inspections. The City
does not currently charge for these inspections. Under Proposition 218, the Council is authorized
to set these types of fees; voter or property owner approval is not required.
I believe that you need to research this statement further. In looking at California Health & Safety §13146.2f
(note it is not 2b) discusses the limitations on fees that can be charged. However, since this is not a willful
choice by the property owner in your situation, thus, this is a special tax and not a fee. Due to the lack of this
willful choice, California. Health & Safety § 13146.2f cannot be applied since the statute specifically deals with a
fee. In your circumstances, the city is proposing creating a special tax.
Secondly, since the situation that is being proposed creates a special tax, as there is no willful choice by the
individual obtaining the services, Proposition 218 is specific with regards to the requirements. The City
Council is not authorized to set these types of taxes.
I am formally requesting that your office look into this matter which I believe that you have incorrectly
concurred with to determine if the monies charged is a special tax or a fee. 1 v►:ould suggest you look up the
CP
definition of each, as well as to determine where the individual willful choice is, if there is any.
Thank you
Donald Priest
4216 S Mooney Blvd #140
Visalia CA 93277 i
donniepriest @hotmail.com