This chapter is adopted to ensure that the city is reimbursed
for its costs of providing services to applicants for development
projects and to the extent advisable, provide uniformity with respect
to such provisions. The provisions hereof shall apply to all such
projects except to the extent that more specific state or local regulations
preempt its application.
(O4121)
As used in this chapter:
means the same as that set forth in Government Code Section
65927; however, the term shall include a change of organization as
defined in Government Code Section 56021.
means any project undertaken for the purpose of development, including the issuance of a permit or approval for construction, reconstruction use or operation whether or not the permit or approval is ministerial or discretionary in nature. Examples of development projects include, but are not limited to, General Plan amendments, rezoning, and permits, approvals, use permits or operations pursuant to code Chapters 2.68, 2.80, 5.56, 13.20, 15.52, 15.88 and 15.96.
means the charges for staff time, transmission and communication
costs including, but not limited to, charges for postage, telephone,
fax, transportation, etc., as well as the costs of production or reproduction
of materials, exhibits, etc. used in the investigation, processing,
inspection or review of development projects or the enforcement of
regulations and conditions to development projects.
shall include the employees, agents, and consultants of the
city.
(O4121; O2003 13)
The hourly rate to be billed by city staff shall be periodically
set by resolution of the Council; other processing costs shall be
at rates set by resolution of the Council (e.g., costs of reproduction)
or at direct cost to the city (e.g., postage). Such rates shall not
exceed the costs (direct and indirect) of the services provided. Consultants
shall be billed at the rate and for the expenses charged to the city
plus any allocable overhead.
(O4121)
All processing costs associated with the investigation, processing,
inspection or review of development projects, or the enforcement of
applicable regulations and conditions to development projects shall
be recorded and charged to each such project.
(O4121; O4254)
A.
No
application for a development project may be filed without a deposit
in an amount estimated to cover processing costs unless payment of
processing fees have been waived by action of the Council, or the
applicant is a public entity exempted from payment of such fees. The
city shall make subsequent periodic invoices to ensure that the balance
in the project account remains sufficient to cover anticipated processing
costs, and it shall be the responsibility of those liable for payment
to make such payments.
B.
Each
applicant for or operator of a development project, as well as the
owner of the subject property, if different, shall be liable for payment
of all processing fees associated with the development project.
(O4121)
A.
The Finance Director may notify an applicant or operator and, if different, the owner of the subject property, of the failure to comply with Section 15.92.050, the amount outstanding, and of the fact that if not paid, the processing fees shall become a lien against the property. Such notice shall be given by registered or certified mail upon the owner or owner's agent, as shown on the last equalized assessment roll. Service on one property owner in multiple ownership shall be deemed in compliance with this section. If an address for an owner cannot be reasonably obtained, the notice required by this section may be given by posting the subject property.
B.
Within
10 days from the date of posting, or date of registered or certified
mail service, the applicant or operator, and if different, the owner
or any person interested in the property may appeal to the Council
by filing a written appeal with the City Clerk, setting forth in detail
the reasons for appeal. The Council shall hear from the appellant
and thereafter pass upon such appeal. The decision thereon shall be
final and conclusive.
C.
At
the expiration of the time set for appeal or upon determination of
the Council upon appeal, the processing fees due and owing shall become
a lien upon the subject property.
(O4121)
A.
As a separate, distinct and cumulative remedy established for the violation of Section 15.92.050, any city body with the authority to approve or conditionally approve or deny a development project, may deny such project without prejudice if after notice the responsible party(ies) fail to comply with Section 15.92.050. The applicant and/or operator shall be given not less than 10 calendar days mailed notice of the city's intent to take such action.
B.
As a separate, distinct and cumulative remedy established for the violation of Section 15.92.050, the Planning Director, Public Works Director, Chief Building Official, or code Enforcement Officer, may issue a stop work order if the job site has previously been posted with a notice of intent to issue a stop work order for failure to comply with Section 15.92.050. The stop work order shall be served by posting a copy of the order on the subject property. In addition, a copy of such notice shall be promptly mailed to the applicant or operator and, if different, the owner of the subject property as shown on the last equalized assessment roll. Such order shall become effective immediately upon posting of the notice. After service of a stop order, no person shall perform any act with respect to the subject property in violation of the terms of the stop order, except such actions as the city determines are reasonably necessary to render the subject property safe and/or secure until the violation has been corrected.
C.
As a separate, distinct and cumulative remedy established for the collection of processing fees, an action may be brought in the name of the city, in any court of competent jurisdiction to enforce the lien established by Section 15.92.060 of this chapter. In such action, reasonable attorney's fees shall be awarded to a prevailing plaintiff.
D.
As a separate, distinct and cumulative remedy established for the collection of processing fees, a civil action may be brought. The Finance Director, or designee, may bring a small claims action in the name of the city to collect the fees owing pursuant to Section 15.92.050(B).
(O4121)
