Prior to the establishment or increase of any impact fee, the
City Council shall hold a public hearing at which oral or written
presentations can be made, as a part of a properly noticed meeting.
Notice of the time and place of the meeting, including a general
explanation of the matter to be considered, shall be published in
accordance with State law.
(§ 1, Ord. 664, eff. October 12, 1989)
An ordinance or resolution establishing a new fee or increasing
an existing impact fee shall take effect no sooner than 60 days following
the final action by the City on the ordinance or resolution.
(§ 1, Ord. 664, eff. October 12, 1989)
Impact fees shall be imposed, calculated and collected in the
following manner:
(a) Impact
fees shall be imposed as a condition of approval of all development
projects. No tentative or final subdivision map, parcel map, grading
permit, building permit, final inspection or certificate of occupancy
shall be approved unless the provisions of this section have been
fulfilled.
(b) Impact
fees shall be imposed by affixing the following language to the development
approval:
"Approval of this Development Project is conditioned upon payment of all applicable Impact Fees and connection fees in the manner provided in Chapter 9 of Title
10 of the Ojai Municipal Code."
(c) Impact
fees shall be calculated and collected for those development projects
requiring subdivision approval at the time of approval of the final
parcel or subdivision map and for all other types of development projects
at the time of issuance of a building permit. The calculation of impact
fees due shall be based on the impact fee schedule set forth in the
ordinance or resolution establishing or implementing such fees in
effect at the time of application for a building permit.
(d) No
building permit shall be issued until all impact fees due for the
development project have been paid.
(§ 1, Ord. 664, eff. October 12, 1989)
(a) There
is hereby established an impact fee account for each benefit area
for each type of capital improvement for which an impact fee is imposed,
calculated and collected. In the event that an account has previously
been established pursuant to separate ordinance for deposit of impact
fee proceeds, such account shall be deemed an impact fee account under
this section and shall be subject to the provisions of this chapter.
(b) All
impact fees collected within the benefit area shall be deposited in
the impact fee account which shall be interest-bearing which interest
shall be considered funds of the account.
(c) The
funds of the account shall be expended within the benefit area and
shall be used exclusively for capital improvements for which the impact
fees were collected.
(§ 1, Ord. 664, eff. October 12, 1989)
(a) Impact
fees shall be expended only for the type of capital improvement for
which they were imposed, calculated and collected and shall be expended
or committed in accordance with the time limits and procedures established
in this chapter. Impact fees may be used to pay the principal sum
and interest and other finance costs on bonds, notes or other obligations
issued by or on behalf of the city to finance such capital improvements.
(b) Impact
fees shall not be expended to maintain, repair or operate capital
improvements.
(§ 1, Ord. 664, eff. October 12, 1989)
The City shall expend or commit impact fees deposited in the
impact fee account within five years from the date of deposit into
the fund.
(§ 1, Ord. 664, eff. October 12, 1989)
(a) Once
each fiscal year, the City shall make findings identifying all unexpended
or uncommitted impact fees in each impact fee account.
(b) Except as described in subsection
(c) of this section, upon application of the property owner, the City shall refund the portions of any impact fee which have been on deposit over five years and which are unexpended or uncommitted. Refunds shall be made to the then current record owner or owners of the development project or projects on a prorated basis, together with accrued interest.
(c) With
respect to impact fees unexpended or uncommitted within five years
of deposit in an impact fee account, the city may make findings to
identify the purpose to which the impact fee is to be put and to demonstrate
a reasonable relationship between the impact fee and the purpose for
which it was charged. If the City makes such findings, the impact
fees shall be exempt from the refund requirement.
(d) If
the City finds that the administrative costs of refunding the unexpended
or uncommitted impact fees exceed the amount to be refunded, the City
Council, after a public hearing, notice of which has been published
in accordance with state law and posted in three prominent places
within the area of each development project subject to a refund, may
determine that the revenues shall be allocated for other capital improvements
of the type for which the impact fees were collected and which serve
the development projects.
(e) The
City may refund the unexpended or uncommitted portions of impact fees
by direct payment, by offsetting such refunds against other impact
fees due for development projects on the property or by other means
subject to agreement by the property owner.
(§ 1, Ord. 664, eff. October 12, 1989)
The applicant or project owner may request an audit of any impact
fee imposed by the City in order to determine whether the amount of
the impact fee levied by the City exceeds the amount reasonably necessary
to finance capital improvements, the need for which is attributable
to new development projects. After such request, the City Council
may retain an independent auditor to conduct an audit to determine
whether the impact fee is reasonable. Any costs incurred by the City
in having an audit conducted by an independent auditor shall be recovered
from the person who requested the audit. If an audit is requested,
the City may require a deposit equal to the estimated cost of the
audit.
(§ 1, Ord. 664, eff. October 12, 1989)
(a) The
property owner or applicant may appeal to the City Council any decision
of a City official with respect to the imposition or calculation of
an impact fee or the amount of any refund due. The burden of proof
shall be on the appellant to demonstrate that the imposition of the
impact fee or amount of the impact fee or refund was not calculated
according to the procedures established herein.
(b) An
appellant protesting the imposition of an impact fee must file a notice
of appeal with the City Clerk within 10 calendar days following the
final decision on the imposition of the impact fee or refund.
(c) An
appellant protesting the calculation of an impact fee or the determination
of applicability and calculation of a refund must file a notice of
appeal with the City Clerk within 10 calendar days following the final
decision on the calculation of the impact fee or on the applicability
or calculation of a refund. If the notice of appeal is accompanied
by a bond or other sufficient surety satisfactory to the City Attorney
in an amount equal to the impact fee calculated by the City official
to be due, the development application shall be processed. The filing
of an appeal shall not stay the collection of the impact fee which
is due unless a bond or other sufficient surety has been filed.
(d) Failure
to appeal within the time limits set forth herein shall be deemed
a waiver of the right to appeal.
(e) Any
judicial action or proceeding to attack, review, set aside or annul
the reasonableness, legality or validity of the imposition of an impact
fee must be filed and service of process effected within 90 days after
the date of imposition.
(f) Any
judicial action or proceeding to attack, review, set aside or annul
the calculation of an impact fee or the determination of applicability
and calculation of a refund must be preceded or accompanied by a valid
protest within 90 days after the date of calculation. A valid protest
must meet both of the following requirements:
(1) Tendering the required payment in full or providing satisfactory
assurance of payment;
(2) Serving written notice on the City including:
(A) A statement that the required payment is/has been tendered under
protest,
(B) A statement informing the City of the factual elements of the dispute
over the calculation of the impact fee or the determination of applicability
and calculation of a refund,
(C) A statement informing the City of the legal theory forming the basis
for the protest.
(g) Only
a party who files a valid protest may file a judicial action to attack,
review, set aside, void or annul a decision on the calculation of
an impact fee or the applicability and calculation of a refund. Such
judicial action must be filed and service of process effected within
180 days after the date of calculation.
(§ 1, Ord. 664, eff. October 12, 1989, as amended by § 175, Ord. 941, eff. November 10, 2023)
Petitions for exceptions to the application of this chapter
shall be made in accordance with procedures established by resolution
of the City Council. If the City Council grants an exception in the
amount of the impact fee due for a development project under this
section, it shall cause to be appropriated from other City funds an
amount equal to said reduction in the impact fee due and such funds
shall be allocated to the account for the benefit area in which the
subject property is located.
(§ 1, Ord. 664, eff. October 12, 1989)
At least once every year prior to City Council adoption of the
annual budget and capital improvements plan, the City Manager shall
prepare a report to the City Council on the subject of impact fees
and shall incorporate:
(a) Recommendations
on amendments, if appropriate, to this chapter, to ordinances imposing
impact fees or to resolutions establishing impact fee amounts;
(b) Proposed
changes to the capital improvements plan identifying capital improvements
to be funded by impact fees;
(c) Proposed
changes to the boundaries of benefit areas; and
(d) Proposed
changes to impact fee rates or schedules.
Based upon the report and such other factors as the City Council
deems relevant and applicable, the City Council may amend this chapter,
specific ordinances imposing impact fees and resolutions establishing
impact fee rates or schedules. Changes to the impact fee rates or
schedules, to the boundaries of benefit areas, or to the list of capital
improvements to be funded by impact fees may be made by resolution.
Nothing herein precludes the City Council or limits its discretion
to amend this chapter, ordinances imposing impact fees or resolutions
establishing impact fee rates or schedules at such other times as
may be deemed necessary.
|
(§ 1, Ord. 664, eff. October 12, 1989)
In the event of a conflict between the provisions of Title
10, Chapter
9 (Impact Fees) and the provisions of any other ordinance or resolution establishing or amending impact fees, the provisions of Title
10, Chapter
9 (Impact Fees) shall govern.
(§ 1, Ord. 664, eff. October 12, 1989, as amended by § 176, Ord. 941, eff. November 10, 2023)
If any section, subsection, sentence, clause, phrase or portion of Title
10, Chapter
9 (Impact Fees) is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of Title
10, Chapter
9 (Impact Fees). The City Council declares that it would have adopted Title
10, Chapter
9 (Impact Fees) and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions be declared invalid or unconstitutional.
(§ 1, Ord. 664, eff. October 12, 1989, as amended by § 177, Ord. 941, eff. November 10, 2023)