Challengers Lose Round Over Sewer Service Charge

A judge has dismissed a legal challenge by North Hollywood activist Ivan Shinkle and the Howard Jarvis Taxpayers Assn. to a fee on users of the city of Los Angeles’ sewer service.

Shinkle and the taxpayer group had claimed that the fee, which totaled $50 million and has been used to bail out shortfalls in the city budget, violated Proposition 218, which requires voter approval of new property-based taxes and fees.

The funds are taken from property tax revenues used for upgrading the sewer system.

Los Angeles County Superior Court Judge Reginald Dunn ruled that it is a valid sewage-related expense, not a property-related fee or tax.

City officials have said the franchise fee reimburses the city for the cost of having the sewer pipes under city streets.

Shinkle said he will probably appeal the decision.

“We’re paying into the sewer service charge fund for sewer service, and they are using the money for something different,” he said.