Stop Illegal ADU Fees – Enforce California Law


Stop Illegal ADU Fees – Enforce California Law
The Issue
Background
Homeowners across California are being charged thousands of dollars in unexpected sewer “capacity fees” when building Accessory Dwelling Units (ADUs)—even when no new connection to the main sewer line is required.
In many cases, ADUs connect through an existing private lateral already serving the property. The infrastructure is already in place. No new demand is created beyond what was accounted for when the primary home was built.
Yet homeowners are being billed as if entirely new system capacity is being created.
What’s Happening
The Ojai Valley Sanitary District (OVSD) has been charging homeowners significant capacity fees—sometimes exceeding $10,000–$15,000 per ADU—even when:
No new mainline connection is required
The ADU uses an existing sewer lateral
No expansion of public infrastructure is needed
These fees are often not disclosed upfront and may appear after construction is complete, leaving homeowners with unexpected financial burdens.
Why This Matters
ADUs are one of California’s most important tools for addressing the housing shortage. They allow families to:
House aging parents
Provide homes for adult children
Create rental units to offset rising costs
When homeowners face unpredictable or excessive fees, it discourages ADU construction and undermines the intent of state housing policy.
What California Law Says
Under California Government Code § 65852.2(f), sewer capacity fees may only be charged when a new or separate utility connection is required.
When an ADU connects through an existing lateral—without requiring new infrastructure—state law is intended to prevent these types of charges.
Despite this, homeowners report that fees are still being imposed in these situations.
The Impact on Homeowners
Unexpected charges of $10,000+ after project approval
Costs added to property tax bills without clear notice
Financial strain on families trying to build housing
Reduced trust in local agencies and permitting processes
Most affected homeowners don’t even realize they may have 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 capacity fee practices applied to ADUs
✅ Clarify when these fees are legally permissible
✅ Provide clear, consistent guidance to local districts statewide
✅ Ensure corrective action or refunds where improper fees were charged
Why This Petition Matters
This is not just one community or one agency.
It is about ensuring that California’s ADU laws are applied fairly, consistently, and as intended—so homeowners can confidently build housing without fear of unexpected costs.
Take Action
📣 Sign and share this petition to support fair enforcement of California ADU law and protect homeowners from unjust and unpredictable fees.
Together, we can ensure that ADU policies work as intended—for housing, for families, and for communities across California.
34
The Issue
Background
Homeowners across California are being charged thousands of dollars in unexpected sewer “capacity fees” when building Accessory Dwelling Units (ADUs)—even when no new connection to the main sewer line is required.
In many cases, ADUs connect through an existing private lateral already serving the property. The infrastructure is already in place. No new demand is created beyond what was accounted for when the primary home was built.
Yet homeowners are being billed as if entirely new system capacity is being created.
What’s Happening
The Ojai Valley Sanitary District (OVSD) has been charging homeowners significant capacity fees—sometimes exceeding $10,000–$15,000 per ADU—even when:
No new mainline connection is required
The ADU uses an existing sewer lateral
No expansion of public infrastructure is needed
These fees are often not disclosed upfront and may appear after construction is complete, leaving homeowners with unexpected financial burdens.
Why This Matters
ADUs are one of California’s most important tools for addressing the housing shortage. They allow families to:
House aging parents
Provide homes for adult children
Create rental units to offset rising costs
When homeowners face unpredictable or excessive fees, it discourages ADU construction and undermines the intent of state housing policy.
What California Law Says
Under California Government Code § 65852.2(f), sewer capacity fees may only be charged when a new or separate utility connection is required.
When an ADU connects through an existing lateral—without requiring new infrastructure—state law is intended to prevent these types of charges.
Despite this, homeowners report that fees are still being imposed in these situations.
The Impact on Homeowners
Unexpected charges of $10,000+ after project approval
Costs added to property tax bills without clear notice
Financial strain on families trying to build housing
Reduced trust in local agencies and permitting processes
Most affected homeowners don’t even realize they may have 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 capacity fee practices applied to ADUs
✅ Clarify when these fees are legally permissible
✅ Provide clear, consistent guidance to local districts statewide
✅ Ensure corrective action or refunds where improper fees were charged
Why This Petition Matters
This is not just one community or one agency.
It is about ensuring that California’s ADU laws are applied fairly, consistently, and as intended—so homeowners can confidently build housing without fear of unexpected costs.
Take Action
📣 Sign and share this petition to support fair enforcement of California ADU law and protect homeowners from unjust and unpredictable fees.
Together, we can ensure that ADU policies work as intended—for housing, for families, and for communities across California.
34
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Petition created on September 30, 2024