Article III — ESTABLISHMENT OF FEE

3210-5. Required Action by Fire District for Fee Adoption.

Prior to the establishment of a fee for any Fire District pursuant to this chapter, the Fire District shall do the following: (Ord. 2437, § 1, 08/24/10)

• (a) Adopt a resolution that includes the following findings: (Ord. 2437, § 1, 08/24/10)

  • (1) The District does not have existing fire protection Facilities and Equipment that could be used to provide an adequate level of services to Development within the District’s boundaries; (Ord. 2437, § 1, 8/24/2010)

(2) The District does not have sufficient funds available to construct additional facilities from fund balances, capital facility funds, property tax sources, fire suppression assessments, or any other appropriate sources; (Ord. 2437, § 1, 8/24/2010)

(3) The lack of fire protection Facilities and Equipment to serve Development would create a perilous situation to the public health and safety if Development impact fees are not levied within the District. (Ord. 2437, § 1, 8/24/2010)

• (b) The District shall further adopt a resolution that provides as follows that:

(1) The District shall request that the County impose the Development impact fee enabled by this chapter upon applicants for building permits or other permits for Development in accordance with this chapter; (Ord. 2437, § 1, 8/24/2010)

(2) Development impact fees under this chapter shall only be used to expand the availability of capital Facilities and Equipment to serve Development. (Ord. 2437, § 1, 8/24/2010)

(3) All funds from fees collected under this chapter for the Fire District and all interest subsequently accrued on these funds shall be deposited with the County Treasurer in a separate account for the District named the “Development Impact Fee;” (Ord. 2437, § 1, 8/24/2010)

(4) The District shall expend funds from its “Development Impact Fee” account only for those purposes of providing capital Facilities and Equipment to serve Development; (Ord. 2437, § 1, 8/24/2010)

(5) The District shall cause to be submitted a FireDevelopment Impact Fee Annual Report on an annual basis each year to the Clerk, no later than December 30. The report shall include, but not be limited to, the balance in the account at the end of the previous fiscal year, the fee revenue received, the amount and type of the expenditures made, and the ending balance in the account. In addition, the report shall specify the actions the District plans to take to alleviate the facility and equipment needs caused by the new Development; (Ord. 2437, § 1, 8/24/2010)

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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(6) The District shall make available to the public on request its records that justify the basis for the fee amount; (Ord. 2437, § 1, 8/24/2010)

(7) The District shall defend, indemnify, and hold harmless the County, its officers, officials, employees, agents, and volunteers from and against any and all demands, claims, actions, litigation, or other proceedings, liability, damages, and costs (including but not limited to attorney fees) that are based in whole or in part upon the levy, imposition, collection, or payment of the fees, or the denial of the permit until the fee is paid, excepting only matters that are based solely upon the County’s gross negligence or willful misconduct; and further, the County shall retain the right to defend itself, its officials, employees, departments, agents, and/or volunteers from any and all legal, administrative, or other challenges to this chapter and any fee established pursuant to this chapter, and the District agrees to pay, within thirty (30) days from receipt of invoice, any and all legal fees necessary to the defense of the County as well as any and all costs associated with the defense of the County from any and all such challenges; (Ord. 2437, § 1, 8/24/2010)

(8) The District shall enter into an agreement with County (1) to reimburse all of the County’s costs associated with the development and adoption of the fee on the District’s behalf and (2) to indemnify County as provided in this section; (Ord. 2437, § 1, 8/24/2010)

(9) With respect to any portion of the Development impact fee account that remains unexpended or uncommitted in the account five or more years after the deposit of the fee, the District shall make findings that identify the purpose of the fee fund and demonstrates the reasonable relationship between the fee fund and the purpose for which it was charged; and further the District shall cause to be refunded to the then current owner or owners of the Development project, on a prorated basis, the unexpended or uncommitted portion of the fund and any interest thereon for which a reasonable need cannot be demonstrated. (Ord. 2437, § 1, 8/24/2010)

(10) The District shall comply with any other requirements not set forth in this section that are established in chapter 5 of Division 1 of Title 7 of the Government Code sections 66000 et. seq., commonly referred to as AB 1600. (Ord. 2437, § 1, 8/24/2010)

(Ord. 2437, § 1, 8/24/2010)

3210-6. Establishment of Fee by County.

Pursuant to this chapter, the Board of Supervisors may establish a Fire District Development impact fee for all non-exempt Development within the unincorporated areas of the County and within the boundaries of a Fire District. The Board of Supervisors shall establish the fee and the amount of the fee for a Fire District by separate ordinance at a publicly noticed meeting upon the completion by the Fire District of (1) the requirements set forth in section 3210-5 and (2) an adequate study commissioned, adopted, and provided by such District. The study shall establish a reasonable development impact fee for the District, demonstrate by competent analysis the reasonable relationship between the amount of such fee and the impacts of such development, and satisfy the statutory requirements for fees for development projects contained in chapter 5 of Division 1 of Title 7 of the Government Code. Any action to amend the ordinance levying or increasing such fee for any Fire District shall

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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follow the procedures set forth in this chapter and in Government Code sections 66016 et seq, and any subsequent amendments, including, without limitation, notice, public hearing and effective date provisions. (Ord. 2437, § 1, 8/24/2010)