Challenge Disputed ADU Fees – Hold OVSD Accountable


Challenge Disputed ADU Fees – Hold OVSD Accountable
The Issue
Background:
For a quick (6 minute) presentation to see how a tomato garden can teach you about ADU sewer capacity fees click here
The Ojai Valley Sanitary District (OVSD) has been charging homeowners thousands of dollars in sewer “capacity fees” for building Accessory Dwelling Units (ADUs)—even when those units connect indirectly through the existing sewer line of the primary home and no new main connection is required.
To learn more and see if your property may be affected, visit ADURights.org — a resource built by and for homeowners to raise awareness and organize around what many believe are unjust and potentially unlawful utility charges.
Under California Government Code § 65852.2(f), sewer capacity fees may only be charged if a local agency requires a direct connection between the ADU and the utility’s main line. When an ADU connects through an existing lateral—without requiring new infrastructure—state law aims to prevent these types of charges. Yet OVSD continues billing property owners under these circumstances, creating unexpected costs for families simply trying to contribute to the state’s housing solution.
The Problem:
Questionable Fees: Homeowners report being charged up to $16,000 per ADU, even when no new main connection is required—precisely the type of situation state ADU law was designed to protect.
Lack of Enforcement: Despite multiple homeowner complaints, the California Department of Housing and Community Development (HCD) has not taken enforcement action. The California Department of Justice (DOJ) has also not intervened.
Financial Harm: These fees are increasing project costs, delaying completion, and pushing homeowners deeper into debt—at a time when California urgently needs more housing.
Policy Conflict: California law encourages ADU development as a response to the housing crisis. OVSD’s fee practices directly undermine this effort, disproportionately affecting retirees, working families, and middle-income homeowners.
Why It Matters:
Homeowners are being charged fees without due process or clear justification.
OVSD is placing liens on properties and collecting through property taxes, raising serious concerns about transparency and fairness under Proposition 218.
Most affected homeowners don’t even realize they’ve been overcharged.
What We’re Asking:
We call on the California Department of Housing and Community Development (HCD) and the California Department of Justice (DOJ) to:
✅ Investigate OVSD’s capacity fee practices for ADUs
✅ Issue a directive clarifying when these fees are permissible under state law
✅ Provide updated guidance to sewer districts statewide
✅ Ensure refunds or corrective measures for affected homeowners
We launched ADURights.org to empower ADU homeowners and to ensure state law is applied fairly and consistently. This is about housing justice, transparency, and protecting the rights of homeowners across California.
✍️ Please sign and share this petition to demand fair treatment and proper enforcement of California ADU law. Let’s hold OVSD accountable—and set a precedent that protects homeowners statewide.
34
The Issue
Background:
For a quick (6 minute) presentation to see how a tomato garden can teach you about ADU sewer capacity fees click here
The Ojai Valley Sanitary District (OVSD) has been charging homeowners thousands of dollars in sewer “capacity fees” for building Accessory Dwelling Units (ADUs)—even when those units connect indirectly through the existing sewer line of the primary home and no new main connection is required.
To learn more and see if your property may be affected, visit ADURights.org — a resource built by and for homeowners to raise awareness and organize around what many believe are unjust and potentially unlawful utility charges.
Under California Government Code § 65852.2(f), sewer capacity fees may only be charged if a local agency requires a direct connection between the ADU and the utility’s main line. When an ADU connects through an existing lateral—without requiring new infrastructure—state law aims to prevent these types of charges. Yet OVSD continues billing property owners under these circumstances, creating unexpected costs for families simply trying to contribute to the state’s housing solution.
The Problem:
Questionable Fees: Homeowners report being charged up to $16,000 per ADU, even when no new main connection is required—precisely the type of situation state ADU law was designed to protect.
Lack of Enforcement: Despite multiple homeowner complaints, the California Department of Housing and Community Development (HCD) has not taken enforcement action. The California Department of Justice (DOJ) has also not intervened.
Financial Harm: These fees are increasing project costs, delaying completion, and pushing homeowners deeper into debt—at a time when California urgently needs more housing.
Policy Conflict: California law encourages ADU development as a response to the housing crisis. OVSD’s fee practices directly undermine this effort, disproportionately affecting retirees, working families, and middle-income homeowners.
Why It Matters:
Homeowners are being charged fees without due process or clear justification.
OVSD is placing liens on properties and collecting through property taxes, raising serious concerns about transparency and fairness under Proposition 218.
Most affected homeowners don’t even realize they’ve been overcharged.
What We’re Asking:
We call on the California Department of Housing and Community Development (HCD) and the California Department of Justice (DOJ) to:
✅ Investigate OVSD’s capacity fee practices for ADUs
✅ Issue a directive clarifying when these fees are permissible under state law
✅ Provide updated guidance to sewer districts statewide
✅ Ensure refunds or corrective measures for affected homeowners
We launched ADURights.org to empower ADU homeowners and to ensure state law is applied fairly and consistently. This is about housing justice, transparency, and protecting the rights of homeowners across California.
✍️ Please sign and share this petition to demand fair treatment and proper enforcement of California ADU law. Let’s hold OVSD accountable—and set a precedent that protects homeowners statewide.
34
The Decision Makers


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Petition created on September 30, 2024