Anchor ads are not supported on this page.

4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

City to Implement "Pay First, Litigate Later" on Disputed Tax Assessments?

City Attorney Jan Goldsmith wants to "place the City in a more defensible posture" against those looking for refunds on tax assessments.

Goldsmith plans to do so by adding a new section [Section 22.1708] to the City's code which sets strict guidelines for residents who wish to challenge the amount or legality of a City tax, assessment, or penalty. The new section will prohibit residents to file lawsuits against the City without having paid the disputed assessment first and before going through the proper administrative channels. Lastly, a group of claimants would not be allowed to file a class action tax claim against the City.

"A claimant must: exhaust administrative remedies; present a properly executed claim for a tax refund to the City; and wait for the claim to be rejected before suing the City," reads a staff report from the City Attorney's Office.

Some recent examples of disputed local assessments have occurred in Golden Hill and South Park where residents paid millions of dollars to an illegally-formed maintenance assessment district before a judge struck the district down in court, or, in downtown, where, thousands of residents overpaid on their property and business improvement district assessments due to a a flawed engineer's report. No refunds have been issued in either case.

City councilmembers will consider adding the new section to the Municipal Code at a hearing on Tuesday.

Update: Gina Coburn, Communications Director for the City Attorney's Office, responded to the "pay first, litigate later" policy by adding that the policy is in response to a recent court decision and many cities and counties across the state are adopting similar ordinances.

"The "pay first, litigate later" requirement is contained in the California Constitution. It has been the rule for many decades as to claims against local governments and the State of California," wrote Coburn in an email.

"However, a recent appellate court decision stated that it now applies only to those local governments that have an ordinance requiring it. It still applies to claims against the State of California.

As a result of this appellate decision, cities across the state have adopted ordinances similar to the one we proposed.

As attorneys for the City of San Diego, it would be malpractice for our office to neglect bringing this to the City Council. As the City's policymakers, they can accept or reject the proposal.

We understand the view that this requirement is against the interests of taxpayers who want to file lawsuits. We emphasize that, regardless of what San Diego does, the requirement continues to apply to claims against the State of California and it remains a part of the California Constitution."

http://sandiegoreader.com/users/photos/2012/apr/20/23210/

Here's something you might be interested in.
Submit a free classified
or view all

Previous article

How to Get Legal Assistance When Your Car Accident Insurance Claim is Denied?

Next Article

San Diego's Uptown Planners challenged by renters from Vibrant Uptown

Two La Jolla planning groups fight for predominance

City Attorney Jan Goldsmith wants to "place the City in a more defensible posture" against those looking for refunds on tax assessments.

Goldsmith plans to do so by adding a new section [Section 22.1708] to the City's code which sets strict guidelines for residents who wish to challenge the amount or legality of a City tax, assessment, or penalty. The new section will prohibit residents to file lawsuits against the City without having paid the disputed assessment first and before going through the proper administrative channels. Lastly, a group of claimants would not be allowed to file a class action tax claim against the City.

"A claimant must: exhaust administrative remedies; present a properly executed claim for a tax refund to the City; and wait for the claim to be rejected before suing the City," reads a staff report from the City Attorney's Office.

Some recent examples of disputed local assessments have occurred in Golden Hill and South Park where residents paid millions of dollars to an illegally-formed maintenance assessment district before a judge struck the district down in court, or, in downtown, where, thousands of residents overpaid on their property and business improvement district assessments due to a a flawed engineer's report. No refunds have been issued in either case.

City councilmembers will consider adding the new section to the Municipal Code at a hearing on Tuesday.

Update: Gina Coburn, Communications Director for the City Attorney's Office, responded to the "pay first, litigate later" policy by adding that the policy is in response to a recent court decision and many cities and counties across the state are adopting similar ordinances.

"The "pay first, litigate later" requirement is contained in the California Constitution. It has been the rule for many decades as to claims against local governments and the State of California," wrote Coburn in an email.

"However, a recent appellate court decision stated that it now applies only to those local governments that have an ordinance requiring it. It still applies to claims against the State of California.

As a result of this appellate decision, cities across the state have adopted ordinances similar to the one we proposed.

As attorneys for the City of San Diego, it would be malpractice for our office to neglect bringing this to the City Council. As the City's policymakers, they can accept or reject the proposal.

We understand the view that this requirement is against the interests of taxpayers who want to file lawsuits. We emphasize that, regardless of what San Diego does, the requirement continues to apply to claims against the State of California and it remains a part of the California Constitution."

http://sandiegoreader.com/users/photos/2012/apr/20/23210/

Sponsored
Here's something you might be interested in.
Submit a free classified
or view all
Ask a Hipster — Advice you didn't know you needed Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Drinks All Around — Bartenders' drink recipes Excerpts — Literary and spiritual excerpts Feast! — Food & drink reviews Feature Stories — Local news & stories Fishing Report — What’s getting hooked from ship and shore From the Archives — Spotlight on the past Golden Dreams — Talk of the town The Gonzo Report — Making the musical scene, or at least reporting from it Letters — Our inbox Movies@Home — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Outdoors — Weekly changes in flora and fauna Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Sheep and Goats — Places of worship Special Issues — The best of Street Style — San Diego streets have style Surf Diego — Real stories from those braving the waves Theater — On stage in San Diego this week Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close

Anchor ads are not supported on this page.