Dear Supporters,
As we continue to challenge the unlawful capacity fees imposed by the Ojai Valley Sanitary District (OVSD), it's essential to understand how sewer system capacity works and why California law prohibits these fees for ADUs with indirect connections.
The Significance of Sewer System Capacity
The overall capacity of a sewer system is determined by summing the capacities of all existing lateral connections to the sewer main. A lateral connection is the private sewer pipe that connects a property (and its plumbing) to the main sewer line managed by the district.
When an ADU connects to an existing lateral, it does not increase the overall capacity of the sewer system. The capacity of the lateral was already accounted for when the system was designed and built. In essence, the system's infrastructure—including the lateral—already has the capability to handle the additional wastewater flow from the ADU, provided it stays within the design limits of the lateral.
When Capacity Fees Are Justified
Capacity fees are warranted only when a mandated direct connection is required. A direct connection becomes necessary if the addition of an ADU causes the flow through the existing lateral to exceed its set capacity, potentially overburdening that lateral. In such cases, the sewer district may mandate a new direct connection to the sewer main, which might require infrastructure expansion and justify charging capacity fees.
Why OVSD’s Actions Are Unlawful
In my case—and in many others—OVSD charged capacity fees even though my ADU connected indirectly to the sewer system through an existing lateral that was inspected by the OVSD, and since no direct connection was mandated, it was certified as adequate. There was no mandated direct connection, no infrastructure expansion, and no additional burden on the sewer system’s overall capacity. Yet, OVSD retroactively applied a new ordinance (OVSD-82) and charged $12,653 in capacity fees, directly violating state law.
California ADU Law Protects Homeowners
California Government Code § 65852.2 explicitly prohibits sewer districts from charging capacity fees for ADUs unless a mandated direct connection to the main is required. This provision exists because:
Indirect Connections Don’t Add Capacity: The existing lateral is already part of the sewer system’s defined capacity. Connecting an ADU to it simply uses capacity that has already been accounted for.
Encouraging Affordable Housing: ADU laws are designed to reduce financial barriers, such as unnecessary fees, to support homeowners in addressing the state’s housing crisis.
OVSD’s actions undermine these goals by unlawfully imposing fees that discourage the development of ADUs, adding undue financial burdens on homeowners.
A Fight for Justice
To address these illegal practices, I have filed a complaint in Superior Court against OVSD. This legal action challenges their violations of California law and seeks to hold them accountable for the harm they have caused. However, legal battles are costly and require community support to succeed.
Why This Fight Matters
Allowing OVSD to impose these fees without justification sets a dangerous precedent for other sewer districts to do the same, creating a ripple effect that hinders housing development statewide. This fight is about more than one case—it’s about protecting the rights of all property owners and ensuring that public agencies comply with the law.
How You Can Help
1. Share This Petition: Spread awareness about OVSD’s unlawful practices and the importance of protecting ADU development.
2. Contact Local Officials: Urge them to hold OVSD accountable and enforce compliance with state laws.
3. Donate to Support the Legal Fight: Every contribution helps cover court costs and other expenses in our pursuit of justice.
Together, we can ensure that OVSD and other sewer districts respect the law, treat homeowners fairly, and support California’s efforts to solve the housing crisis. Thank you for your continued support in this critical fight for transparency and justice.
Sincerely,
Ric Vane