Alameda County Municipal Code Art. II Procedure for the Levy of Fee

The director shall prepare a written report for each fiscal year for which a fee is to be levied, and shall file the report with the clerk of the board.

(Ord. 94-36 § 1 (part): prior gen. code § 2-225.20)

The report shall reference a description of each parcel, the amount of the fee for each parcel, and the calculation of the fee.

(Ord. 94-36 § 1 (part): prior gen. code § 2-225.21)

The fee shall be based on the benefit received by each parcel. Benefit relates directly to stormwater runoff and shall be calculated using each parcel's land use and land area. Land use is divided into the following categories:

A. Commercial or Industrial: Land used for commercial or industrial purposes;

B. Institutional: Uses such as residential properties of five or more living units, such as apartments and mobilehome parks; churches, schools and hospitals;

C. Single-Family Residence: Single-family residences, residential properties of two to four living units, condominiums, townhouses and rural residential properties;

D. Vacant Land: Agricultural use, open space; land which is tilled, planted, farmed, irrigated or grazed.

(Ord. 94-36 § 1 (part): prior gen. code § 2-225.22)

Upon receiving and filing the report, the clerk shall fix a time, date and place for a hearing upon the report.

(Ord. 94-36 § 1 (part): prior gen. code § 2-225.23)

Prior to the date of the hearing, the clerk of the board shall cause a notice of hearing to be published pursuant to Section 6066 of the Government Code, and at least three copies of the notice shall be posted at public places within the unincorporated area.

(Ord. 94-36 § 1 (part): prior gen. code § 2-225.24)

The board shall hear the matter as scheduled, or as postponed, or as continued for good cause, and shall hear and consider all protests. At the conclusion of the hearing, the board may adopt, revise, change, reduce or modify the fee described in the report. The board shall then determine and set each fee and adopt a confirming resolution by August 15th of the fiscal year during which the fee is to be levied and collected.

(Ord. 94-36 § 1 (part): prior gen. code § 2-225.25)

The clerk of the board shall immediately file certified copies of the report and confirming resolution with the auditor-controller.

(Ord. 94-36 § 1 (part): prior gen. code § 2-225.26)

Failure to meet the time limits set forth in this chapter shall not invalidate any fee levied hereunder.

(Ord. 94-36 § 1 (part): prior gen. code § 2-225.27)