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Judge Lets San Diego’s $43 Monthly Trash Fee Proceed as Legal Challenge Continues

The judge invoked California’s pay-first rule to keep collections in place pending an October 24 case conference.

Overview

  • The court denied a preliminary injunction sought by homeowners who argue the fee violates Proposition 218.
  • The ruling allows the Environmental Services Department to bill through the county tax assessor, with charges added to property tax bills this fall.
  • Plaintiffs say voters were told to expect $23–$29 per month and allege the higher rate is unlawful and tied to budget shortfalls after a failed sales-tax measure.
  • The city’s attorney argues the fee fixes an inequitable system for single-family homes and says other revenues also help cover trash service costs.
  • New tagged bins are being rolled out, with many nonrespondents defaulted to larger containers and an opportunity to switch to smaller sizes after delivery.