§ 16.24

Pursuant to Government Code Section 66484, the city council may establish zones of benefit and levy fees therefor, as set out in Sections 16.24.020 through 16.24.070 of this chapter.

(Ord. 97-98 § 15.24.010)

16.24.020 - Benefit fee—Purpose.

A benefit fee may be levied by the city council for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons or of constructing major thoroughfares when such are included in the transportation element, circulation element or flood control provisions of the conservation element of the general plan. No fee shall be levied for reimbursement or costs incurred for major thoroughfares or bridges constructed prior to the time of adoption of a zone of benefit, provided however, a fee may be levied for the addition to or reconstruction or relocation of an existing major thoroughfare or bridge.

(Ord. 97-98 § 15.24.020)

The boundaries of the area of benefit, the actual or estimated costs and the method of allocation of such costs to the area of benefit and fee apportionment shall be established by the city council after notice is given as required by law and a public hearing is held before the council. The notice shall contain preliminary information on the proposed boundaries of the area, estimated costs, the proposed method of fee apportionment and the date, time and place of the hearing.

(Ord. 97-98 § 15.24.030)

If at the time the public hearing is opened written protests of the owners of more than one-half of the area included within the proposed area of benefit have been filed with the clerk of the council and sufficient protests are not withdrawn in writing prior to the conclusion of such public hearing, so as to reduce the area represented to less than one-half of that to be benefitted, the proceeding shall be abandoned and shall not be reconsidered for at least one year from the date of the abandonment, except as provided in Government Code Section 66484.

(Ord. 97-98 § 15.24.040)

After the hearing, the council may adopt a resolution establishing a zone of benefit and levying fees within the zone. The resolution shall include a description of the boundaries of the area of benefit, the total costs, whether actual or estimated, to be levied as fees and the method of fee apportionment. A certified copy of the resolution shall be filed for record with the county recorder.

(Ord. 97-98 § 15.24.050)

16.24.060 - Payment of fees.

A.

Fees levied pursuant to Section 16.24.050 of this chapter are payable as a condition precedent to approval of a final subdivision map or a building permit, or any similar development entitlement.

B.

Payment of fees shall not be required unless the major thoroughfare is in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time the resolution is adopted or the planned bridge facility is an original bridge, or an addition to an existing bridge facility serving the area at the time the resolution is adopted.

(Ord. 97-98 § 15.24.060)

16.24.070 - Condition for approval of tentative map.

Approval of a tentative map may be conditioned upon adoption by the city council of a resolution establishing a zone of benefit.

(Ord. 97-98 § 15.24.070)

Chapter 16.28 - ENFORCEMENT

16.28.010 - Administrative procedures.

Administrative procedures for enforcement of this title and the Map Act shall be established by resolution of the city council.

(Ord. 97-98 § 15.28.010)

16.28.020 - Violation—Penalty.

A.

No person shall sell, lease, finance, convey or create by any means any parcel for which a final map or parcel map is required by the Map Act or this part until the map thereof fully complies with the provisions of the Map Act and this chapter and has been filed for record by the city clerk.

B.

No person shall commence construction or installation of any building or mobile home for sale, lease or financing, except for model homes, or occupy or allow the occupancy thereof on any parcel when the Map Act or this part requires a final or parcel map for the parcel, until the map thereof fully complies with the Map Act and this chapter and has been filed for record by the city clerk.

C.

Any person who violates any provision of this chapter is guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars ($100.00) and not more than five thousand dollars ($5,000.00) or by imprisonment in the county jail for not more than one year, or by both, for each offense.

(Ord. 97-98 § 15.28.020)