Chapter 5.01 — COUNTY FEES

Section

• 5.01.000 San Benito County master fee schedule

• Article I. Attorney’s Fees

• 5.01.001 Reimbursement of attorneys fees relating to appeals of erroneous denials of SSI/SSP

• benefits

• Article II. Drainage Impact Fees

• 5.01.020 Purpose

• 5.01.021 Drainage Impact Fee Fund

• 5.01.022 Collection of fees

• 5.01.023 Fees

• 5.01.024 Drainage benefit fees

• 5.01.025 Failure to pay fee

• Article III. Fees for County Services

• Subarticle I. County Clerk/Recorder

• 5.01.035 Findings

• 5.01.036 Fee schedule

• Subarticle II. Public Works Department

• 5.01.045 Purpose

• 5.01.046 Findings

• 5.01.047 Effective date

• 5.01.048 Engineering services fees

• 5.01.049 Development processing fees

• 5.01.050 Violation; penalty

• Subarticle III. Planning and Related Applications

• 5.01.060 Planning services fee schedule

• 5.01.061 Environmental review fees

• 5.01.062 Average hourly rate

• 5.01.063 Prior enactments repealed

• 5.01.064 Waiver of appeal fee for code violations

• 5.01.065 Amendment to major subdivision fee

• Subarticle IV. Tax Collector’s Office

• 5.01.075 Installment redemption fee

• Subarticle V. Health and Human Services Agency

• 5.01.085 Purpose

• 5.01.086 Findings

• 5.01.087 Definition of services

• 5.01.088 Fee

• 5.01.089 Calculation of fee

• 5.01.090 Effective date

• 5.01.091 Environmental Health Division

• 5.01.092 Emergency Medical Services Division

• Subarticle VI. Special Law Enforcement Services

• 5.01.105 Findings

• 5.01.106 Fee

• 5.01.107 Automatic increase

• 5.01.108 Definition of services

• 5.01.109 Effective date

• Subarticle VII. Property Tax Assessment Appeal Fees

• 5.01.110 Purpose

• 5.01.111 Findings

• 5.01.112 Assessment appeal fee schedule

• Subarticle VIII. Assessor’s Office’s Fees

• 5.01.115 Purpose

• 5.01.116 Findings

• 5.01.117 Assessor’s Office’s fees

• Subarticle IX. County Counsel

• 5.01.118 Counsel fees

• Article IV. Park and Recreation Impact Fees

• 5.01.120 Purpose

• 5.01.121 Definitions

• 5.01.122 Fee payment

• 5.01.123 Fee structure

• 5.01.124 Benefit area

• 5.01.125 Exclusions

• 5.01.126 Fund account

• Article V. Park Visitor Entrance and User Fees

• 5.01.140 Title

• 5.01.141 Purpose

• 5.01.142 Findings

• 5.01.143 Effective date

• 5.01.144 Daily entrance and use fees

• 5.01.145 Annual motor vehicle entrance pass

• 5.01.146 Penalties

• Article VI. School Facilities Fees and Dedications

• Subarticle I. General

• 5.01.160 Title

• 5.01.161 Authority

• 5.01.162 Purpose

• 5.01.163 Administration and implementation

• 5.01.164 General plan

• Subarticle II. Definitions

• 5.01.175 Conditions of overcrowding

• 5.01.176 Decision-making body

• 5.01.177 Dwelling unit

• 5.01.178 Reasonable methods for mitigating conditions of overcrowding

• 5.01.179 Residential development

• Subarticle III. Overcrowding Attendance Area

• 5.01.190 Findings and notice

• 5.01.191 Findings; requirements

• 5.01.192 Concurrence by county

• 5.01.193 Findings for development approval

• Subarticle IV. Requirements, Standards and Procedures

• 5.01.205 Payment of fees or dedication of land required

• 5.01.206 Payment of fees in small residential developments

• 5.01.207 Standards for fees or land

• 5.01.208 Amount of fees or land

• Subarticle V. Payment on Land Dedication

• 5.01.220 Fee required

• 5.01.221 Land dedication; procedure

• 5.01.222 Refunds

• 5.01.223 School district schedule

• Subarticle VI. Uses and Limitations of Uses of Land and Fees

• 5.01.235 Uses of fees or land

• 5.01.236 Agreement for fee distribution

• 5.01.237 Accounts

• 5.01.238 Termination of dedication or fee requirements

• Article VII. Traffic Impact Fees

• 5.01.250 Title

• 5.01.251 Purpose

• 5.01.252 Findings

• 5.01.253 Establishment of Traffic Impact Fee Fund

• 5.01.254 Use of Traffic Impact Fee Fund

• 5.01.255 Definitions

• 5.01.256 Effective date

• 5.01.257 Fees

• 5.01.258 Benefit areas

• 5.01.259 Fee payment

• 5.01.260 Annual report

• 5.01.261 Exemptions

• 5.01.262 Failure to pay traffic impact fee

• 5.01.263 Violations

• Article VIII. Fire Mitigation Fees

• 5.01.280 Title

• 5.01.281 Purpose of article

• 5.01.282 Findings

• 5.01.283 Definitions

• 5.01.284 Prior agreements

• 5.01.285 Dedications

• 5.01.286 Exemption and waiver

• 5.01.287 Need for fees and their use

• 5.01.288 Fire district findings and content of resolution

• 5.01.289 Fire mitigation fee ceiling established

• 5.01.290 County process

• 5.01.291 Fee payment

• 5.01.292 Fees held in trust for payment to district

• 5.01.293 Use of fees

• 5.01.294 Fee termination

• 5.01.295 District reporting requirements

• 5.01.296 Delegation

• Article IX. Law Enforcement Impact Fee

• 5.01.310 Short title

• 5.01.311 Purpose of article

• 5.01.312 Findings

• 5.01.313 Establishment of Law Enforcement Impact Fund

• 5.01.314 Use of Law Enforcement Impact Funds

• 5.01.315 [RESERVED]

• 5.01.316 [RESERVED]

• 5.01.317 Fees

• 5.01.318 [RESERVED]

• 5.01.319 [RESERVED]

• 5.01.320 Fee payment

• 5.01.321 Annual report

• 5.01.322 Exemptions

• 5.01.323 Failure to pay impact fee

• 5.01.324 Violations

• 5.01.325 Enforcement

• Article X. Fire Department Fees and Charges

• 5.01.340 Authority

• 5.01.341 Standard for setting fees

• 5.01.342 Schedule of fees

• Article XI. Criminal Justice Administrative Fees

• 5.01.355 Fee imposed

• 5.01.356 Clerk-Auditor-Recorder report

• 5.01.357 Public hearing

• 5.01.358 Findings and objections

• 5.01.359 Fee determination

• 5.01.360 Collection of booking fees

• 5.01.361 Regulations

• Article XII. Search and Rescue Costs

• 5.01.375 Reimbursement for search and rescue operations

• 5.01.376 Payment due

• 5.01.377 Failure to pay

• 5.01.378 Enforcement

• Article XIII. Impact Fee Reimbursement

• 5.01.390 Refund of fees paid

• Article XIV. Library Impact Fees

• 5.01.450 Title

• 5.01.451 Purpose

• 5.01.452 Definitions

• 5.01.453 [RESERVED]

• 5.01.454 Establishment of library development impact fees

• 5.01.455 Establishment and administration of Countywide Library Facilities Fund

• 5.01.456 [RESERVED]

• 5.01.457 Imposition of development impact fees

• 5.01.458 Payment of development impact fees

• 5.01.459 Exemption from development impact fees

• 5.01.460 Annual program fee adjustment

• 5.01.461 Alternative method and compliance with other laws

• Article XV. General Government Impact Fee

• 5.01.510 Title

• 5.01.520 Purpose

• 5.01.530 Imposition of fee

• 5.01.540 Payment of fee

• Article XVI. Road Maintenance Impact Fee

• 5.01.610 Title

• 5.01.620 Purpose

• 5.01.630 Imposition of fee

• 5.01.640 Payment of fee

• Article XVII. Detention Facilities Impact Fee

• 5.01.710 Title

• 5.01.720 Purpose

• 5.01.730 Imposition of fee

• 5.01.740 Payment of fee

• Article XVIII. Information Technology Impact Fee

• 5.01.810 Title

• 5.01.820 Purpose

• 5.01.830 Imposition of fee

• 5.01.840 Payment of fee

• Appendix

• A. Master fee schedule

(A) Intent and purpose. In adopting the San Benito County master fee schedule (located in Appendix A to this chapter), the Board of Supervisors intends to provide one document that lists all fees for services authorized by the Board of Supervisors. The purpose is to facilitate review and update of the master fee schedule at reasonable and timely intervals, to provide for ease of use and access to fees for county services, and to promote a better understanding by the public of all fees charged by the County of San Benito. Such fees shall not exceed the actual cost of providing the service in compliance with Article XIIB, § 8(c) of the California Constitution. (B) Findings. The Board of Supervisors hereby adopts the following findings. (1) Prior to adopting the master fee schedule, the Board held at least one public hearing, at which oral or written presentations could be made, as a part of a regularly scheduled meeting, and that notice of the time and place of the meeting, including a general explanation of the matter to be considered, was published in accordance with Cal. Gov’t Code § 6062a, that at least ten days prior to adoption, this Board made available to the public data indicating the amount of the costs, or estimated costs, required to provide the services for which the fees are levied. (2) The Board is authorized to adopt and increase fees in an amount reasonably necessary to recover costs of providing any product or service, including indirect costs, pursuant to Cal. Gov’t Code § 54985. (3) The Board desires to recover the full cost of providing the services specified in the master fee schedule from the parties receiving the services, and the fees reflected in the master fee schedule shall be used to recover the costs of providing such services. (4) Fees to be adopted or increased herein are based on fee studies that present a reasonable estimate of the costs of providing the applicable services, and demonstrate the proposed fees do not exceed the reasonable estimate of the costs of providing the services for which they are charged, and represent reasonable fees necessary to meet the county's operating expenses pertaining to providing the specified services. (5) The fees and charges specified by this chapter do not exceed the cost of providing the product or service or enforcing the regulation for which the fee or charge is levied. (6) The fees set forth in the master fee schedule are charges imposed for specific governmental services provided directly to the payor of the fee, and such services will not be provided to those that are not charged, and only those individuals voluntarily requesting the specified services will be charged the proposed fees. (C) Master fee schedule. The fees and charges set forth in the master fee schedule, located in Appendix A to this chapter, are hereby established for the following county departments and divisions thereof: (1) Animal Control; (2) Agriculture-Weights and Measures; (3) Assessor Office; (4) Clerk of the Board of Supervisors; (5) County Clerk-Recorder-Registrar of Voters; (6) County Counsel; (7) Emergency Medical Services; (8) Environmental Health; (9) Geographic Information Systems; (10) Library; (11) Mental Health; (12) Public Health; (13) Probation; (14) Resource Management Agency; (15) Sheriff; and (16) Tax Collector. (D) Codified fees and charges. The fees and charges adopted herein and included in the master fee schedule shall supersede and replace the fees or charges of the same type, that are specified in chapter 5.01 of this code, or in any other section of this code, or in any resolution of the Board of Supervisors. However, in the event a fee or charge that is specified in chapter 5.01, or in any other section of this code, or in any resolution of the Board of Supervisors, is not expressly included in the master fee schedule, that fee or charge shall remain in full force and effect, and the master fee schedule shall not be deemed to supercede or replace it. (E) Adoption and revisions to the master fee schedule.

(1) Fees and charges for the county departments listed in this section and in any other county departments, may be added, reduced, increased, or deleted from time to time, by amendments to the master fee schedule, in compliance with state law. The Board may amend the master fee schedule including, but not limited to, fee type, fee amount and the department providing the service, by an ordinance adopted by the Board of Supervisors by majority vote, noticed pursuant to Cal. Gov’t Code § 66016 et seq., during the annual budget process, and at other times of the fiscal year as necessary, provided, however, such amendments may specify therein their applicability, if any, to applications currently in the process of review. (2) To the extent allowed by law or regulation, fees shall be annually amended to reflect increases in the cost of providing the service including, but not limited to, increases resulting from changes in the Consumer Price Index (CPI) calculated using the United States Department of Labor's Consumer Price Index for All Urban Customers in the San Francisco/Oakland/San Jose, CA metropolitan area. Notwithstanding CPI increases, fee increases shall be based upon and supported by cost studies that provide reasonable substantiation of the cost of providing the service. (3) Portions of fees and charges in the master fee schedule which are mandated by state or federal law may be automatically adjusted, without benefit of an ordinance amending the master fee schedule when it is necessary to timely apply adjustments to said fees and charges in order to maintain compliance with state or federal law. Individual fees and charges or portions thereof may be waived by the state or federal government if found to be in the public interest. (Ord. 972, § 2, 2018)