Sec. 21-178. - Fee account.

(a)

Upon receipt of a fee subject to this ordinance, the county shall deposit, invest, account for and expend the sheriff facility development impact fees pursuant to California Government Code Section 66006.

(b)

Sheriff facility development impact fees paid shall be held by the county sheriff department in a separate sheriff facility development impact fee account to be expended for the purpose for which they were collected. The county sheriff department shall retain all interest earned on the fees in such accounts and shall allocate the interest to the accounts for which the original fee was imposed.

(Ord. No. 4312, § 1)

Sec. 21-179. - Use of funds.

(a)

Funds collected from sheriff facility development impact fees shall be used to acquire, construct, and install sheriff facilities or reimburse costs of previously constructed facilities.

(b)

No funds collected pursuant to this ordinance shall be used for periodic or routine maintenance.

(c)

Funds may also be used to pay debt service on bonds or similar debt instruments to finance the acquisition, construction and installation of related equipment to the sheriff facilities.

(d)

Funds may also be used to offset the cost of administration of the fund including audits, yearly accounting and reports, and other costs associated with maintaining the fund.

(Ord. No. 4312, § 1)

Sec. 21-180. - Developer construction of facilities.

In lieu fee credit for the construction of sheriff facilities and service improvements is allowable under the following conditions:

(a)

Only the costs of sheriff facilities listed on, or exempted from, the applicable sheriff capital improvement plan shall be eligible for in-lieu credit.

(b)

With prior approval of the county sheriff or his/her designee, an in-lieu credit of fees may be granted for actual construction costs (or a portion thereof) of sheriff facilities provided by the developer.

(c)

If the actual construction cost is greater than the required relevant fees, the county shall have no obligation to pay the excess amount.

(d)

An amount of in-lieu credit that is greater than the specific fee(s) required under this ordinance may be reserved and credited toward the fee of any subsequent phases of the same development or subdivision, if such credit is determined to be appropriate and timely, and approved in advance by the county sheriff.

(e)

If an applicant is required, as a condition of approval for a discretionary permit or a final subdivision map, to construct any off-site sheriff facilities, and the cost of the facilities is determined to exceed the fee due under this ordinance, a reimbursement agreement may be offered in writing by the county sheriff. The reimbursement agreement shall contain terms and conditions approved by the county sheriff, auditorcontroller, county counsel and the board of supervisors. This section shall not create any duty to offer a reimbursement agreement.

(f)

Sheriff facilities specifically required exclusively to serve a project or subdivision shall not be eligible for inlieu fee credit.

(g)

A developer or subdivider seeking credit and/or reimbursement for construction or improvements of facilities, or dedication of land or rights-of-way, shall submit documentation acceptable to the county sheriff to support the request for credit or reimbursement. The county sheriff shall determine whether the facilities or improvements are eligible for credit or reimbursement, and the amount of such credit or reimbursement due the developer or subdivider if so eligible.

(h)

Any claim for credit must be made at or before the time of application for a building permit. Any claim not so made shall be deemed waived.

(i)

Exemptions, credits, reductions, adjustments, or waiver of fees shall not be transferable from one project or subdivision to another without the board of supervisors' approval.

(j)

Determination made by the county sheriff pursuant to this section 21-180 may be appealed to the board of supervisors by filing a written request with the clerk of the board, together with a fee established by the board of supervisors, within ten working days of the determination of the county sheriff.

(Ord. No. 4312, § 1)

Sec. 21-181. - Condition for refunds.

(a)

If a permit upon which a fee was based expires without commencement of construction, the taxpayer shall be entitled to a refund of the sheriff facility development impact fee(s) paid, with any interest accrued thereon, as a condition for the issuance of the permit. The feepayer shall submit a written request for a refund to the county sheriff within two years after the expiration date of the permit. Failure to timely submit a request for a refund may constitute a waiver of any right to a refund.

(b)

The county sheriff shall report to the board of supervisors, once each fiscal year, any portion of sheriff facility development impact fees remaining unexpended or uncommitted in an account five or more years after deposit and identify the purpose for which the fee was collected. In accordance with Government Code Section 66001, the board of supervisors shall make findings once each fiscal year on any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee, to (1) identify the purpose to which the fee is put; (2) demonstrate a reasonable relationship between the fee and the purpose for which it is charged; (3) identify all sources and amounts of funding anticipated to complete financing of the sheriff facilities and; (4) designate the approximate dates on which the funding is deposited into the appropriate account.

(c)

For all unexpended or uncommitted fees for which the findings set forth in subsection (b) cannot be made, the county shall refund to the current record owner or owners of lots or units of the development project(s) on a prorated basis the unexpended or uncommitted fees, and any interest accrued.

(d)

If the administrative costs of refunding unexpected and uncommitted revenues collected pursuant to this ordinance exceeds the amount to be refunded, the board of supervisors, after a public hearing, for which notice has been published pursuant to Government Code Section 66001 and posted in three prominent places within the area of the development project, may determine that the revenues shall be allocated for some other purpose for which the fees are collected pursuant to Government Code Section 66001 et seq. and that serves the project on which the fee was originally imposed.

(Ord. No. 4312, § 1)

Sec. 21-182. - Annual report.

(a)

At least once every year a proposed capital improvement plan detailing the specific sheriff facilities to be funded by sheriff facility development impact fees shall be presented to the board of supervisors for adoption by resolution. Notice of the plan shall be given pursuant to Government Code Section 65090 and Section 66002, as they now exist or may be amended.

(b)

Except for the first year that this ordinance is in effect, no later than sixty days following the end of each fiscal year, the county sheriff shall submit a report to the board of supervisors identifying the balance of fees in the sheriff facility impact fee program fund established pursuant to this ordinance, and the facilities proposed for construction during the next fiscal year. In preparing the report, the county sheriff shall adjust the estimated costs of the public improvements in accordance with the appropriate Engineering Construction Cost Index as published by Engineering News Record, or its successor publication, for the elapsed time period from the previous July 1 or the date that the cost estimate was developed.

(c)

At a public hearing the board of supervisors shall review estimated costs of the sheriff facilities described in the capital improvement plan, the continued need for these facilities, and the reasonable relationship

between the need and the impacts of development for which the fees are charged. The board of supervisors may revise the sheriff facility development impact fees to include additional projects not previously foreseen as being needed.

(Ord. No. 4312, § 1)

Sec. 21-183. - Automatic annual adjustment.

Each fee imposed by this ordinance shall be adjusted automatically on July 1st of each fiscal year, beginning on July 1, 1999, by a percentage equal to the appropriate Engineering Cost Index as published by Engineering News Record, or its successor publication, for the preceding twelve months.

(Ord. No. 4312, § 1)

Sec. 21-184. - Fee revision by resolution.

The amount of each fee established pursuant to this ordinance may be set and revised periodically by resolution of the board of supervisors. This ordinance shall be considered enabling and directive in this regard.

(Ord. No. 4312, § 1)

Sec. 21-185. - Superseding provisions.

This ordinance and any resolution adopted pursuant hereto supersedes any previous county ordinance or resolution to the extent the same is in conflict with this ordinance.

(Ord. No. 4312, § 1)

Sec. 21-186. - Severability.

If any section, phrase, sentence, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision; and such holding shall not affect the remaining portions of this ordinance.

(Ord. No. 4312, § 1)