Chino Hills Municipal Code Ch. 3.44 Fees and Charges for City Services

The City Council of the city finds as follows:

A. The fee and service charge revenue cost comparison system set forth in this chapter provides a mechanism for ensuring that fees adopted by the city for services rendered do not exceed the reasonable estimated cost for providing the services for which the fees are charged.

B. The adoption of this chapter is exempt from the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.), because it approves and sets forth a procedure for determining fees for the purpose of meeting the operating expenses of city departments, as set forth in Public Resources Code Section 21080 (b)(8)(1).

C. Pursuant to Article XIIIB of the California Constitution, it is the intent of the City Council to require the ascertainment and recovery of costs reasonably borne from fees and charges levied therefor in providing the regulation, products or services hereinafter enumerated in this chapter.

(Ord. 30 § 1, 1992)

A. The City Manager is delegated the authority and directed to review and make recommendation to the City Council for the adjustment of fees and charges to recover the percentage of costs reasonably borne in providing the regulation, products or services enumerated in this section in the percentage of costs reasonably borne and on the schedule of fee and service charge rate review and revision as hereinafter established in this chapter.

B. "Costs reasonably borne" shall be as defined in Section 3.44.030 of this chapter. In making his or her recommendations for the adjustment of fees and charges, the City Manager shall consider only the standards and criteria established by this chapter.

(Ord. 30 § 2, 1992)

"Costs reasonably borne," as used and ordered to be applied by this chapter are to consist of the following elements:

A. All applicable direct costs including, but not limited to, salaries, wages, overtime, employee fringe benefits, services and supplies, maintenance and operation expenses, contracted services, special supplies, and any other direct expense incurred;

B. All applicable indirect costs including, but not restricted to, building maintenance and operations, equipment costs, printing and reproduction, and like expenses when distributed on an accounted and documented rational proration system;

C. Fixed assets recovery expenses, consisting of depreciation of fixed assets and additional fixed asset expense recovery charges calculated on the current estimated cost of replacement, divided by the approximate life expectancy of the fixed asset. A further additional charge to make up the difference between book value depreciation not previously recovered and reserved in cash and the full cost of replacement, which also shall be calculated and considered a cost so as to recover such unrecovered costs of replacement over the remaining life of the asset;

D. 1.

General overhead, expressed as a percentage, distributing and charging the expenses of the City Council, City Manager, City Clerk, Elections, Finance Department, City Attorney, un-allocated non-departmental expenses, and all other staff and support services provided to the entire city organization as now organized and as it may be reorganized at any time in the future;

2. Overhead shall be prorated between tax-financed services and fee-financed services on the basis of such percentage so that each of taxes, fee and charges shall proportionately defray such overhead costs;

E. Departmental overhead, expressed as a percentage, distributing and charging the cost of each department head and his or her supporting expenses as enumerated in subsections A, B and C of this section;

F. Debt service costs, consisting of repayment of principal, payment of interest, and trustee fees and administrative expenses for all applicable bond, certificate or securities issues or loans. Any required coverage factors of added reserves beyond basic debt service costs also shall be considered a cost if required by covenant within any securities, ordinance, resolution, indenture or general law applicable to the city.

(Ord. 30 § 3, 1992)

A. The City Manager and each city department head, under the direction of the City Manager, shall review the adopted fees and service charges annually and shall prepare an adjusted fee and service charges schedule, which has been adjusted by an amount equal to the consumer price index factor — All Urban Consumers for the Los Angeles-Riverside-Orange County Area for each December to December of the most recent year and prior year, adjustments shall take effect at the beginning of each fiscal year, and every five years a comprehensive analysis of fees and charges shall be submitted for City Council consideration and adoption so as to recover the adopted percentage of costs borne by the city in providing the regulation, product or service listed in the schedule. The fees and service charges set pursuant to this chapter shall be set by resolution of the City Council.

B. All fees and charges set pursuant to this section shall take effect as provided by law, and as more specifically provided by resolution of the City Council.

C. The schedule of frequency of rate adjustments and review may be varied by the City Manager to adjust revenue sufficient to meet debt service coverage requirements of any bond, certificate or ordinance, resolution, indenture, contract or action under which securities have been issued by the city which contain any coverage factor requirements.

D. The schedule of frequency of rate adjustments may be varied by the City Manager if, in his or her judgment and that of the requesting department, a gross inequity would be perpetrated by the existing rate schedule on a new and unanticipated event.

(Ord. 198 § 2, 2007)

A. Actual cost for a project is determined by the affected department heads, based upon the criteria set forth in Section 3.44.030 of this chapter.

B. Initial deposits are determined by the amount of time historically spent on similar projects. Whenever seventy-five (75) percent of a deposit has been expended and the department determines that the estimated actual cost of the job will exceed the amount deposited, additional deposit of such estimated excess amount shall be required. Notification of additional deposit required will be mailed to the applicant, who shall deposit such additional moneys prior to the date specified in the notice. When additional deposit has been requested, work will be suspended on the project when ninety-five (95) percent of the deposit previously received has been expended. Projects will not be completed with money due. If the additional deposit is not made by the date specified in the notice the project shall be deemed denied on the date specified without further action on the part of the city.

C. If the department head determines that the estimated actual cost of a job will be less than the initial deposit, a deposit may be required which equals the estimated actual cost of the job in lieu of the initial deposit.

(Ord. 30 § 5, 1992)

The City Council shall, by Council resolution, set forth its policy for refund of fees and charges collected pursuant to this chapter. These policies may be reviewed from time to time and may be revised periodically by Council resolution with this chapter being considered as enabling and directive.

(Ord. 30 § 6, 1992)

A. If any person shall violate any of the provisions of this chapter, or fail to comply with any of the mandatory requirements of this chapter, he or she shall be guilty of an infraction. Any person convicted of an infraction under the provisions of a city ordinance shall be punishable by:

1. A fine of not more than fifty dollars ($50.00) for a first violation; and

2. A fine not exceeding one hundred dollars ($100.00) for a second violation of the same ordinance within one year; and

3. A fine not exceeding two hundred and fifty dollars ($250.00) for each additional violation of the same ordinance within one year.

B. Each person shall be deemed guilty of a separate offense for every day during such portion of which any violation of this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided by this chapter. Person shall be defined as any person, company, corporation or entity.

(Ord. 30 § 7, 1992)