Filed 11/18/05; pub. order 12/8/05 (see end of opn.)

 

 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San Joaquin)

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RICHARD W. CASTEEL,   Plaintiff and Appellant,   v.   COUNTY OF SAN JOAQUIN et al.,   Defendants and Appellants.

C048797   (Super. Ct. No. CV022417)

 

 

 

Plaintiff, Richard W. Casteel, a nonresident of San Joaquin County (County), initiated this mandamus action to compel the County to refund fees paid by him for solid waste disposal services provided at several of his rental properties located in the unincorporated areas of the County. The superior court granted the petition, concluding the County has no legal authority to collect such fees. Both parties appeal. We reverse.

Facts and Procedural History

The facts of this matter are straightforward and undisputed. Plaintiff resides outside the County. However, he owns three residential properties (the properties) in the unincorporated portion of San Joaquin County that he rents to third parties. By local ordinance, the County established mandatory residential solid waste collection for the unincorporated areas of the County, including the properties. Plaintiff did not contract with the County or any other entity for collection of solid waste at the properties. On or prior to May 16, 2003, the County imposed on plaintiff fees totaling $319.20 for solid waste collection at the properties.

Plaintiff paid the fees under protest and filed a claim for reimbursement. The County's Department of Public Works (DPW) conducted a hearing on plaintiff's claim. DPW denied relief but recommended that the County Board of Supervisors (Board) hear plaintiff's appeal. The Board ultimately denied the appeal.

On November 17, 2003, plaintiff filed a petition for writ of mandate with the superior court, naming as respondents the County, the Board, and DPW (collectively defendants). Plaintiff sought an order declaring the solid waste collection fees invalid and directing that they be refunded. On November 24, 2004, the superior court entered an order granting plaintiff's petition. However, the court stayed issuance of the writ pending appeal to this court.

Discussion

I

Solid Waste Disposal Legislation

Government Code section 25827, subdivision (a) authorizes counties to collect solid waste and to impose reasonable fees on the properties benefited thereby. It reads: â€