Court Rules Against Beach Property Tax

A judge has ruled that the city of Port Hueneme should not have charged certain residents a special tax to pay for maintaining the city’s beach and that some of these homeowners deserve a refund.

Ventura County Superior Court Judge Ken W. Riley said in a judgment issued Thursday that it was wrong for the city to tax only 1,285 residents who live near the beach when the whole city benefits from the 52-acre beachfront strip.

“The Court finds, based upon the evidence presented, the City abused its discretion in levying assessments for the maintenance of Hueneme Beach,” Riley wrote.

The city enacted the special tax in 1991, and it stayed in effect through the end of 1995. A group of homeowners asked a judge to review the legality of the special tax and to decide whether they are owed a refund.

Dorothy Blake, the lead plaintiff, Monday heralded the judge’s ruling.

“The ruling has provided justice,” Blake said. “It is nice to finally reach someplace where there is a voice of reason.”

Residents had long complained about the so-called “view tax” that charged property owners an assessment based in part on the proximity of their properties to the beach.

Blake said she paid the city about $150 annually for the special tax.

Dick Velthoen, Port Hueneme’s city manager, said the City Council will probably vote to appeal the judge’s ruling.

“City staff does not believe it is consistent with the law,” Velthoen said.

Velthoen added that the city could have to refund residents a total of as much as $600,000 if the courts eventually ordered the city to return the taxes to homeowners. Velthoen said that the beach contributes to the value of nearby properties, and that the city was justified in levying an assessment on oceanside property owners.