CHAPTER 5
DEDICATIONS AND CAPITAL IMPROVEMENTS
ARTICLE 2. OFF-SITE CAPITAL IMPROVEMENTS FEES
SECTION:
§9543: Establishment Of Capital Improvement Fees
§9542 PURPOSE
In various locations throughout the city public facilities such as streets, bridges, traffic signals, storm drains and sewer lines must be constructed or improved in order to accommodate the impacts from or provide access to new development in those areas. The city council has determined that capital improvement fees must be established in order for that new development to contribute its fair share toward financing the construction of these improvements. (Ord. 882, §2, adopted 1988)
§9543 ESTABLISHMENT OF CAPITAL IMPROVEMENT FEES
A. Creation By Resolution: By resolution the city council shall establish such capital improvement fees as it determines are necessary to contribute toward the financing of public facilities. Each such resolution shall:
1. Establish and describe the benefit and impact area within which the fee shall apply;
2. Set forth the specific amount of the fee;
3. List the specific public improvement or improvements to be financed;
4. Describe the estimated cost of these facilities, and associated costs such as necessary engineering services and administrative costs;
5. Describe the reasonable relationship between the fee and the types of new development to which it will apply;
6. Set forth the time when the fee must be paid as follows:
a. As to residential development that time shall not be sooner than the date of final inspection or the date the certificate of occupancy is issued, whichever occurs first. The city shall not furnish utilities to occupants of any such residential development prior to final inspection and the issuance of a certificate of occupancy. The city shall disconnect utilities furnished to a residential development if that development is occupied prior to final inspection and the issuance of a certificate of occupancy. In accordance with sections 2136 to 2137 of this code, the city shall revoke the business license issued pursuant to division 2 of this code to any "person" (as defined in section 2100 of this code) engaged in a "business" (as defined in section 2101 of this code), if such person participates as seller, broker or otherwise in the sale of a residential development to an occupant of that development before final inspection and issuance of a certificate of occupancy. The city shall not issue a new business license to a person whose license is revoked as provided herein for a period of two (2) years.
b. As to all other development that time shall be at the time a building permit is issued.
c. No certificate of occupancy or building permit, as appropriate, shall issue until the required fees are paid. "Building permit", "final inspections", and "certificate of occupancy", as used in this section, have the same meaning as described in the California building code, as adopted by the city of Ukiah.
B. Procedure: The city council shall adopt each resolution according to the following procedure:
1. The resolution shall be adopted at a public hearing at which any person may appear in person or in writing.
2. A fee study establishing the reasonable relationship between the fee and each parcel of property to which it will apply shall be available for public inspection for at least ten (10) days prior to the hearing.
3. Notice of the hearing shall be published in a newspaper of general circulation within the city ten (10) days prior to the hearing. The notice shall describe the public facilities to be financed with the fee, the area within which the fee will apply, the amount of the fee, and the times and location where the fee study is available for public inspection. (Ord. 882, §2, adopted 1988; Ord. 1114, §2, adopted 2009)
§9544 LIMITED USE OF FEES
The revenues raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to:
A. Pay for the city’s future construction of facilities described in the resolution enacted pursuant to section 9543 of this article, and all associated costs, such as engineering and administrative costs attributable to such facilities or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other sources, or
B. Reimburse developers who have been required or permitted to install such listed facilities which are oversized for their development for such supplemental size, length or capacity. (Ord. 882, §2, adopted 1988)