Homeowners Challenge New Trash Fee Implementation in San Diego

View of San Diego neighborhood with trash bins

News Summary

A preliminary hearing has been set for homeowners seeking to delay a new monthly trash fee in San Diego. The fee, stemming from a 2022 measure, has raised concerns among residents over costs and billing. Legal representatives will file a motion for an injunction, while the city prepares its defense. As the implementation date approaches, the outcome of the hearing may impact the future of the fee.

San Diego — A preliminary hearing has been scheduled for October 10 regarding an injunction request from a group of homeowners seeking to postpone the implementation of a controversial new monthly trash fee for single-family homes. The hearing was approved by Judge James A. Mangione during a recent court session. If granted, the injunction would delay the fee’s implementation amid ongoing legal challenges.

The homeowners’ legal representatives, led by attorney Michael Aguirre, plan to file their motion for a preliminary injunction by August 22. This move comes after a previous court session where the plaintiffs initially sought an expedited trial in September. The city, represented by attorney Gabriel McWhirter, requested more time to prepare its defense, arguing that the proposed September timeline would not allow for reasonable preparation.

The new trash fee stems from a 2022 measure approved by San Diego voters to repeal a century-old law that assured free trash pickup for single-family homes. Voters were initially informed that the expected monthly fee would range between $23 and $29. However, following a comprehensive $4.5 million study, the city now plans to charge homeowners nearly $48 per month, later revised to $43. In June, the City Council voted 6-3 in favor of imposing this monthly charge, which will be included in San Diego County property tax bills for collection.

A group of property owners challenged this fee in San Diego Superior Court, asserting that it exceeds actual delivery costs, thereby violating California’s constitution. At a previous court hearing, Judge Mangione suggested that an injunction might be a more appropriate resolution than an expedited trial, leading both sides to present a revised legal schedule accepted by the court.

The city now has until September 19 to respond to the homeowners’ motion, after which the homeowners will have an additional 10 days to reply to the city’s opposition. The new solid waste management fee is projected to generate approximately $140 million annually, which is essential for addressing budget deficits in the city’s waste management system.

Starting July 1, residents were required to choose from three trash service bundles, with costs ranging from $32.82 to $43.60 per month, depending on the size of the waste container. Residents must finalize their selection by September 30, either opting for their chosen bundle or defaulting to the most expensive option.

Alongside the fee controversy, residents have expressed concerns regarding the associated costs and billing procedures. In a bid to smooth the transition, city officials plan to distribute new trash bins starting in October, mandating all residents to replace their current bins, irrespective of their condition. Landlords will be responsible for collecting these service fees from tenants.

To assist residents financially with the new trash fees, the city has allocated $3 million towards assistance programs. The recycling collection schedule will remain bi-weekly until July 2027, with plans to transition to weekly service afterward. Additionally, the city intends to hold community meetings and provide informational resources to help clarify the new trash management system for residents.

The outcome of the upcoming legal hearing on October 10 will determine the immediate future of San Diego’s new trash fee and its implications for homeowners across the city.

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Additional Resources

STAFF HERE SAN DIEGO WRITER
Author: STAFF HERE SAN DIEGO WRITER

SAN DIEGO STAFF WRITER The SAN DIEGO STAFF WRITER represents the experienced team at HERESanDiego.com, your go-to source for actionable local news and information in San Diego, San Diego County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as Comic-Con International, San Diego County Fair, and San Diego Pride Festival. Our coverage extends to key organizations like the San Diego Regional Chamber of Commerce and United Way of San Diego County, plus leading businesses in biotechnology, healthcare, and technology that power the local economy such as Qualcomm, Illumina, and Scripps Health. As part of the broader HERE network, including HEREAnaheim.com, HEREBeverlyHills.com, HERECostaMesa.com, HERECoronado.com, HEREHollywood.com, HEREHuntingtonBeach.com, HERELongBeach.com, HERELosAngeles.com, HEREMissionViejo.com, and HERESantaAna.com, we provide comprehensive, credible insights into California's dynamic landscape.

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