§ 18.80

The purpose of this chapter is to establish provisions for payment of fees, including any required deposits, for all applications submitted pursuant to this title. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 5944 28 (part); September 28, 2004.)

The fees, including any required deposits, for processing applications for permits or other approvals or appeals pursuant to this title shall be as set forth in the fee schedule adopted by resolution of the City Council. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 5944 28 (part); September 28, 2004.)

Prior to approving and adopting any new fees, including any required deposits, for processing applications for permits or other approvals or appeals pursuant to this title, or prior to approving increases to existing processing or appeal fees, the City Council shall hold a public hearing, as part of a regularly scheduled meeting, if required by State law. (Ord. 5920 1 (part); June 8, 2004: Ord. 5944 28 (part); September 28, 2004: Ord. 6506 § 56; February 9, 2021.)

Fees, including any initial deposits as may be required by resolution of the City Council, for processing applications for permits or other approvals or appeals pursuant to this title must be paid in full, before any application or appeal will be accepted for filing. Any additional deposits as may be required by resolution of the City Council must be paid in full by the project applicant prior to continued processing of any application or appeal by the City except as provided in Section 18.80.060 of this chapter. Fees, including any initial deposits and additional deposits as may be required by resolution of the City Council, shall be payable to the City of Anaheim and shall constitute a debt due and payable to the City until paid in full. Once submitted, fees shall not be refunded, except as otherwise authorized by Chapter 18.60 (Procedures) or by resolution of the City Council adopted pursuant thereto; provided, however, that the amount of any deposit that exceeds all accumulated costs at the time of the final action on the subject petition, application or appeal shall be refunded to the depositor. (Ord. 5920 1 (part); June 8, 2004: Ord. 5944 28 (part); September 28, 2004: Ord. 5980 1 (part); June 21, 2005.)

Fees for processing applications are not required for applications or appeals filed by any governmental agency, members of the City Council, any City commission or advisory board, or any department or division of the City, except for additional deposits which may be required of a project applicant for the processing of an appeal as provided by resolution of the City Council. (Ord. 5920 1 (part); June 8, 2004: Ord. 5944 28 (part); September 28, 2004: Ord. 5980 1 (part); June 21, 2005.)

Notwithstanding any other provision of this Code to the contrary, if the amount of any additional deposit as may be required by resolution of the City Council in conjunction with any application or appeal is not received by the City within fifteen (15) working days after the invoice due date, all development project processing and/or appeal activities will be terminated until payment is received. In the event the project applicant fails to make the necessary additional deposit prior to the scheduled public hearing upon such application or appeal, the Planning Director, or his or her designee, shall report to the City Council (or the hearing officer or other body hearing such application or appeal) that the project applicant has failed to timely make the additional deposit required by such resolution. At the time set for the public hearing, and notwithstanding any other provision of this Code to the contrary, the City Council shall either (i) find that the project applicant has failed to make the required additional deposit and deny the development project for such reason, or (ii) determine that the City Council then currently has sufficient information to act upon the application or appeal, and proceed with the public hearing and consideration of the application or appeal, or (iii) continue the hearing (within permissible legal time limits) to allow the project applicant additional time to make the additional deposit. (Ord. 5980 1 (part); June 21, 2005.)