Chapter 3.04
FEES FOR COUNTY SERVICES
Sections:
3.04.050 Emergency services mitigation fees.
3.04.060 Fire protection mitigation fees.
3.04.070 Solid waste transfer station service charges.
3.04.050 Emergency services mitigation fees.
A. Alpine County shall initiate mitigation rates for the delivery of emergency services by the fire and rescue services for personnel, supplies and equipment to the scene of motor vehicle incidents and other emergency incidents as listed in Exhibit A, attached to the ordinance codified in this section. The mitigation rates shall be based on actual costs of the services and that which is usual, customary and reasonable (UCR) as shown in Exhibit A, which may include any services, personnel, supplies, and equipment and with baselines established by addendum to this document.
B. A claim for the mitigation rates shall be filed with the responsible party, representing an add-on cost of the claim for damages of the vehicles, property and/or injuries. The claim costs shall be filed with the insurance coverage of the owner of a vehicle, owner of property, or responsible parties. In some circumstances, the responsible party will be billed directly.
C. The county CAO may make rules or regulations and from time to time may amend, revoke, or add rules and regulations, not inconsistent with this section, as they may deem necessary or expedient in respect to billing for these mitigation rates or the collection thereof.
D. Mitigation rates will only apply to persons who are not residents of Alpine County. Residents within county boundaries currently subsidize these emergency service costs through their property taxes. Responses involving intoxicated drivers, hazmat cleanup, intentional and negligent acts or any act that violates any ordinance, local, state or federal statute may be subject to all applicable rates regardless of residency. For purposes of this section, a “resident” is defined as: (1) any person who maintains his or her full-time residence within the county; or (2) is the majority owner of a business that operates from real property owned by the business located within the county. (For purposes of this section, a “business” includes any joint stock company, corporation, association, joint venture, limited liability company, club or partnership.) (Ord. 697 §§ 1—3, 6, 2011)
3.04.060 Fire protection mitigation fees.
A. Definitions.
“Agency” means any officer, department, body, commission, or board of the county approving a development project.
“Capital improvement plan” means the capital improvement plan adopted by resolution of the board of supervisors pursuant to Government Code Section 66002, including revisions thereto.
“Development improvement plan” means any new residential, commercial, agricultural or industrial development which requires the issuance of a permit or approval in any form from the county, including, but not limited to, subdivision maps, parcel maps, conditional use permits, and building permits for construction or addition or modification of structures where such construction, addition or modification results in an increase of current square footage of space, exclusive of concrete patio construction.
“District” means special district, authority, agency, municipal public corporation, or other political subdivision of the state of California, other than agency, located in whole or in part within the county, with the authority to provide fire protection.
“Fee” means a monetary exaction charged by the county to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project.
“Public facilities” mean public improvements, public services, and community amenities related to fire protection within the county.
B. Imposition of Fees. Whenever a development project within the county is approved by any agency, the agency shall impose as a condition upon said development project a fire protection mitigation fee established or increased by resolution of the board of supervisors as provided in this section in accordance with the applicable procedures set forth under state law.
The mitigation fees shall be calculated by multiplying the number of square feet of space by the fee rate established for the area where the development project is located. The space subject to this fee calculation includes all that square footage as designated on the building permit issued for the project, exclusive of concrete patio construction, and for increased square footage to additions or modifications of structures where such construction, addition or modification results in an increase of current square footage of space, exclusive of concrete patio construction.
C. Determination of Fee Rates. In adopting a resolution establishing, increasing, or imposing a fee, the board of supervisors shall determine.
1. The purpose of the fee consistent with this section.
2. The use to which the fee is to be put shall be identified. If the use is the financing of public facilities, the facilities shall be identified.
3. How there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.
4. How there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.
5. How there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development project on which the fee is imposed.
6. The determinations required by subsections (C)(1) through (5) of this section may be made by reference to the capital improvement plan.
D. Responsibility for Compliance With Administration of Fees. Except as provided in a written agreement between the county and a district, the county shall be responsible for the collection and receipt of the fees imposed under this section. Where the county collects the fee, the county auditor shall be responsible for depositing, accounting for and management of the fees. Fees collected shall be deposited into separate capital facilities accounts for each fire response area identified in capital improvement plans adopted by the board of supervisors.
E. Requirement that Fee be Paid Before Permit is Issued. No building permit shall be issued by the county building department until it has verified that fees imposed on the development project under this section have been paid.
F. Waiver and Findings. The board of supervisors may, by majority vote, waive the fees imposed herein upon a finding that, due to circumstances of access, climate, geography, and/or other pertinent variables, it is unreasonable to establish a relationship between the fee’s use and the type and location of development project upon which the fee is to be imposed.
G. Fees Not a Limitation. This section and the fees imposed pursuant thereto are not a limitation on exactions or dedications which any agency with jurisdiction over a development may impose as a condition of approval of said development as allowed by law but are minimum fees imposed on all developments within the county. (Ord. 610 § 1, 1998: Ord. 539 §§ 1-7, 1992)
3.04.070 Solid waste transfer station service charges.
A. Designation of Department for Report Preparation. Each year on or before July 15th, the board of supervisors will cause to be prepared a written report, by the county auditor, which will contain a description of each parcel of real property within County Service Area No. 1 establishing the assessment charges for the right to participate in solid waste transfer station services.
B. Assessment Computation Procedure.
1. Each year on or before July 1st, the county auditor will obtain the estimated costs of providing solid waste transfer station services for the single-family dwellings located within the boundaries of County Service Area No. 1 from the franchise holder for solid waste collection services.
2. Each year on or before July 1st the county assessor will furnish the county auditor a copy of the secured and unsecured assessment rolls for the fiscal year designating all improved and unimproved property within the boundaries of County Service Area No. 1.
3. The auditor will compute the assessment rates for all property pursuant to Resolution 91-67 outlined as follows:
a. Full rate for all improved parcels of single-family dwellings.
b. Unimproved parcels are exempted from this fee.
4. Upon completion of the computations the auditor shall compile the report which will include the designated assessment roll and file said report with the clerk to the board of supervisors on or before August 1st.
C. Notice of Hearing. Upon the filing of such report, the clerk will fix a time, date and place for hearing thereon and for filing objections or protests thereto. The clerk will publish notice of such hearing as provided in Section 6066, prior to the date set for hearing, in a newspaper of general circulation printed and published in the county, and post the notices of hearing in three places within County Service Area No. 1.
D. Hearing and Confirmation of Report. At the time, date and place published in the notice, the board of supervisors will hear and consider all objections or protests, if any, to the report and may continue the hearing from time to time. Upon conclusion of the hearing, the board of supervisors may adopt, revise, change, reduce or modify any charge and will make its determination upon each charge as described in the report and thereafter, by resolution, will confirm the report, setting the rates to be levied. The resolution will be transmitted to the county auditor on or before September 1st.
E. Collection of Assessment Fees.
1. The charges set forth in the report and confirmed by the board of supervisors resolution will appear as a separate item on the tax bill. The charges will be collected at the same time and in the same manner as ordinary county ad valorem property taxes as collected for all unsecured property in the next tax collection cycle.
2. All fees will be subject to the same penalties and same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of county ad valorem property taxes will be applicable to such charge; except that, if for the first year such charge is levied the real property to which such charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attached thereon, prior to the date on which the first installment of such taxes would become delinquent, the charge confirmed pursuant to this section will not result in a lien against such real property but instead will be transferred to the unsecured roll for collection. (Ord. 538 §§1-5, 1992)
3.04.080 Probation fees.
A. Intent. It is the intent of the Alpine County board of supervisors, by adoption of the ordinance codified in this section, to fully implement all California code sections cited herein. The fees and costs authorized under this section are the maximum amounts which may be imposed by the courts.
B. Probation fees.
1. Criminal cases.
a. Penal Code Section 1203.1. Alpine County will collect such fees as may be ordered by the court for services rendered by Alpine County, pursuant to California Penal Code Sections 1203.1(e) and 1203.1(1). All fees collected under the Penal Code Sections 1203.1(e) and 1203.1(1) will be deposited into the county treasury and placed in the general fund for the use and benefit of the county, in compliance with the provisions of Penal Code Section 1203.1. Fees for the reasonable costs of the county in providing these services will be as provided by resolution of the Alpine County board of supervisors, as amended from time to time.
b. Penal Code Section 1203.1a. Alpine County will collect such fees as may be ordered by the court for services rendered by the Alpine County probation department, pursuant to California Penal Code Section 1203.1a. All fees collected under the Penal Code Section 1203.1a will be deposited into a general fund revenue account allocated for the operating expenses of the Alpine County probation department, in compliance with the provisions of Penal Code Section 1203.1a. Fees for actual costs of the county in providing these services will be as provided by resolution of the Alpine County board of supervisors, as amended from time to time.
c. Penal Code Section 1203.1ab. Alpine County will collect such fees as may be ordered by the court for services rendered by Alpine County, pursuant to California Penal Code Section 1203.1ab. All fees collected under the Penal Code Sections 1203.1ab will be deposited into the county treasury and placed in the general fund for the use and benefit of the county, in compliance with the provisions of Penal Code Section 1203.1ab. Fees for the actual costs of the county in providing these services will be as provided by resolution of the Alpine County board of supervisors, as amended from time to time.
d. Penal Code Section 1203.1b. Alpine County will collect such fees as may be ordered by the court for services rendered by the Alpine County probation department, pursuant to California Penal Code Section 1203.1b. All fees collected under the Penal Code Section 1203.1b will be deposited into a general fund revenue account allocated for the operating expenses of the Alpine County probation department, in compliance with the provisions of Penal Code Section 1203.1b. Fees for actual costs of the county in providing these services will be as provided by resolution of the Alpine County board of supervisors, as amended from time to time.
e. Penal Code Sections 1203.4, 1203.4a, and 1203.45. Alpine County will collect such fees as may be ordered by the court for services rendered by the Alpine County probation department, pursuant to California Penal Code Sections 1203.4, 1203.4a, and 1203.45. All fees collected under the Penal Code Sections 1203.4, 1203.4a and 1203.45 will be deposited into the county treasury and placed in the general fund for the use and benefit of the county, in compliance with the provisions of Penal Code Sections 1203.4, 1203.4a, and 1203.45. Fees for actual costs of the county in providing these services will be as provided by resolution of the Alpine County board of supervisors, as amended from time to time.
f. Penal Code Section 1205. Alpine County will collect such fees as may be ordered by the court for services rendered by Alpine County, pursuant to California Penal Code Section 1205(d). All fees collected under the Penal Code Section 1205(d) will be deposited into the county treasury and placed in the general fund for the use and benefit of the county, in compliance with the provisions of Penal Code Section 1205(d). Fees for actual costs of the county in providing these services will be as provided by resolution of the Alpine County board of supervisors, as amended from time to time.
g. Penal Code Section 1208.2. Alpine County will collect such fees as may be ordered by the court for services rendered by the Alpine County probation department, pursuant to California Penal Code Section 1208.2. All fees collected under the Penal Code Section 1208.2 will be deposited into the county treasury and placed in the general fund for the use and benefit of the county, in compliance with the provisions of Penal Code Section 12082. Fees for actual costs of the county in providing these services will be as provided by resolution of the Alpine County board of supervisors, as amended from time to time.
h. Penal Code Sections 1001.15 and 1001.16. Alpine County will collect such fees as may be ordered by the court for services rendered by the Alpine County probation department, pursuant to California Penal Code Sections 1001.15 and 1001.16. All fees collected under Penal Code Sections 1001.15 and 1001.16 will be allocated in compliance with the provisions of those specified sections. Fees for actual costs of the county in providing these services will be as provided by resolution of the Alpine County board of supervisors, as amended from time to time.
i. Penal Code Section 40242. Alpine County will collect such fees as may be ordered by the court for services rendered by Alpine County, pursuant to California Penal Code Section 4024.2(e). All fees collected under the Penal Code Sections 4024.2(e) will be deposited into the county treasury and placed in the general fund for the use and benefit of the county, in compliance with the provisions of Penal Code Section 4024.2. Fees for the reasonable costs of the county in providing these services will be as provided by resolution of the Alpine County board of supervisors, as amended from time to time.
2. Stepparent adoptions. Alpine County will obtain reimbursement of costs incurred for the investigation required by Family Code Section 9001 and ordered by the Superior Court pursuant to Family Code Section 9002 in stepparent adoption cases. All fees collected under Family Code Section 9002 will be deposited into the county treasury and placed in the general fund for the use and benefit of the county, in compliance with the provisions of Family Code Section 9002. Fees for actual costs of the county in providing these services will be as provided by resolution of the Alpine County board of supervisors, as amended from time to time.
3. Guardianships. Alpine County will obtain reimbursement of costs incurred for the investigation required by Probate Code Section 1513 and ordered by the Superior Court pursuant to Probate Code Section 1513.1 in guardianship cases. All fees collected under Probate Code Section 1513.1. will be deposited into the county treasury and placed in the general fund for the use and benefit of the county, in compliance with the provisions of Probate Code Section 1513.1. Fees for actual costs of the county in providing these services will be as provided by resolution of the Alpine County board of supervisors, as amended from time to time.
4. Conservatorships. Alpine County will obtain reimbursement of costs incurred for the investigation required by Probate Code Section 1851 and ordered by the Superior Court pursuant to Probate Code Section 1851.5 in guardianship cases. All fees collected under Probate Code Section 1851.5. will be deposited into the county treasury and placed in the general fund for the use and benefit of the county, in compliance with the provisions of Probate Code Section 1851.5. Fees for actual costs of the county in providing these services will be as provided by resolution of the Alpine County board of supervisors, as amended from time to time.
C. Law Enforcement Fees. Alpine County will collect such fees as may be ordered by the Court for services rendered by the Alpine County sheriff, pursuant to California Penal Code Sections 29550 and 476a. All fees collected pursuant to Penal Code Section 29550 and 476a will be deposited into the county treasury and placed in the general fund for the use and benefit of the county, in compliance with the provisions of Penal Code Sections 29550 and 476a. Fees for actual costs of the county in providing these services will be as provided by resolution of the Alpine County board of supervisors, as amended from time to time.
D. Imposition and Waiver of Fees. Such fees as may be ordered by the court under this section will be made a condition of granting probation or as a part of the terms of probation. Ability to pay standards are applicable to the imposition of fees, pursuant to state code requirements. In addition, the county, at its sole discretion, may waive any fees imposed by the court pursuant to this section upon a finding that imposition of the fee may cause undue hardship or that such waiver is in the best interests of the county. (Ord. 571 §§ 1-5, 1995)