San Benito County Municipal Code Art. III Fees for County Services

SUBARTICLE I. COUNTY CLERK/RECORDER

The Board of Supervisors, County of San Benito, makes the following findings:

(A) The Board of Supervisors is authorized to 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;

(B) The Board of Supervisors desires to recover the full cost of providing the services specified in this Subarticle I, by the San Benito County Clerk, Recorder and Registrar of Voters, from the parties receiving the services. The fees established by this subarticle shall be used to recover the costs of providing such services.

(C) Fees to be adopted or increased herein shall be 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.

(D) A cost estimate study was conducted by the county and a report filed establishing a billing rate of $73 per hour or $1.22 per minute for services provided by the County Clerk, Recorder and Registrar of Voters. The fees specified in § 5.01.036 are based upon this study and do not exceed the reasonable costs to the county of performing the applicable services.

(E) The fees set forth in § 5.01.036 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.

(F) Only those individuals voluntarily requesting the services provided by the Offices of the County Clerk, Recorder and Registrar of Voters will be charged the proposed revised fees.

(G) Cal. Gov’t Code § 27361(a) allows for the collection of a fee of $10 for the recording and indexing of the first page of every instrument, and $3 for each additional page, to reimburse the county for the costs of services rendered.

(H) Cal. Gov’t Code § 27361(c) allows for the collection of a fee of $1 for the first page and $1 for each additional page of each instrument for the purpose of providing for the full modernization of the county’s recording system.

(I) Cal. Gov’t Code § 27397(c) allows the Board of Supervisors to adopt a fee of an additional $1 and to impose said fee for each instrument that is recorded by the Registrar- Recorder/County Clerk to defray the costs required to implement and maintain the electronic delivery system. This fee shall be in addition to any other fees provided by this chapter 5.01, or as otherwise provided for by statute.

(J) In addition, Cal. Gov’t Code § 27361.4(a) allows for the collection of a fee of $1 for filing every instrument, paper or notice for record, to defray the cost of converting the County Recorder’s document storage system to micrographics.

(K) Cal. Gov’t Code § 27361.4(b) allows the Board of Supervisors to adopt a fee of an additional $1 for filing every instrument, paper or notice for record, in exchange for establishing the days of operation for the County Recorder’s offices as every business day except for legal holidays and those holidays designated as judicial holidays pursuant to Cal. Code of Civil Procedure § 135.

(L) Cal. Gov’t Code § 27361.4(c) allows the Board of Supervisors to adopt a fee of an additional $1 for filing every instrument, paper or notice for record, provided that the instrument, paper or notice is indexed within two business days of recordation.

(M) The total fee that the Board of Supervisors adopts for the recording and indexing the first page of each instrument is $15, reflected in the fee schedule set forth in § 5.01.036.

(1966 Code, § 6C.1-1) (Ord. 621, § 1; Ord. 913, § 1(part), 2013; Ord. 966, § 3, 2018)

The following fees shall be collected by the San Benito County Clerk-Recorder and Registrar of Voters:

(1966 Code, § 6C.1-2) (Ord. 621, § 2; Ord. 913, § 1(part), 2013; Ord. 966, § 5, 2018; Ord. 972, Exhibit A, 2018)

SUBARTICLE II. PUBLIC WORKS DEPARTMENT

The purpose of this subarticle is to establish fees and charges to recover the full cost of providing engineering services and development processing in the Public Works Department.

(1966 Code, § 6C.1-3) (Ord. 622, § 2)

(A) The Board of Supervisors desires to recover the full cost of providing engineering services and development processing by the Public Works Department from the parties receiving the services.

(B) Review of the revenue generated by the existing fee structure has proven insufficient to recover the full cost.

(C) The fees established by this article shall be used to recover the costs of providing engineering services and development processing by the Public Works Department.

(D) The fees specified in this article represent reasonable amounts which do not exceed the cost of providing engineering services and development processing by the Public Works Department.

(1966 Code, § 6C.1-4) (Ord. 622, § 3)

The fees specified by this article shall be collected commencing on the date the ordinance codified in this article becomes effective.

(1966 Code, § 6C.1-5) (Ord. 622, § 4)

The following engineering service fees shall be collected by the Public Works Department prior to providing any services. In the event that a deposit is obtained based upon an hourly rate and estimated time involved, any remaining balance due shall be due and payable within 72 hours of written notice by the county of the remaining amount due, sent by fax or by mail to the address on file for the person or entity requesting the service. In the event that the fee was incurred as a result of an appeal or discretionary approval by the county, such approval may be postponed or withheld, and may result in the postponement of other discretionary actions by the county until the fee is paid in full.

(1966 Code, § 6C.1-6) (Ord. 622, § 5; Ord. 895, § 1)

The following development processing fees shall be collected by the Planning Department with the application for a proposed service or project, and deposited in the appropriate Public Works Department Revenue Account, prior to providing any services. In the event that a deposit is obtained based upon an hourly rate and estimated time involved, any remaining balance due shall be due and payable within 72 hours of written notice by the county of the remaining amount due, sent by fax or by mail to the address on file for the person or entity requesting the service. In the event that the fee was incurred as a result of an appeal or discretionary approval by the county, such approval may be postponed or withheld, and may result in the postponement of other discretionary actions by the county until the fee is paid in full.

(1966 Code, § 6C.1-7) (Ord. 622, § 6; Ord. 895, § 2; Ord. 972, Exhibit A, 2018)

Any person violating any of the provisions of this article shall be guilty of an infraction and, upon conviction thereof, shall be punished as provided in Chapter 1.03 of this code.

(1966 Code, § 6C.1-8) (Ord. 622, § 7)

SUBARTICLE III. PLANNING AND RELATED APPLICATIONS

The schedule of fees attached as Table 5.01.060(1) of this subarticle is hereby approved and adopted. Planning fees and the legal surcharge shall be paid by the applicant at the time service or application processing is requested.

(1966 Code, § 6C.1-9)

Table 5.01.060(1)

Table 5.01.060(1)

Table 5.01.060(1)

Table 5.01.060(1)

(Ord. 623, § 1(part); Ord. 833, § 1; Ord. 972, Exhibit A, 2018)

(A) “Environmental review” is the process of addressing the California Environmental Quality Act by the county. Environmental review fees shall be paid by the applicant at the point in time when application is made and are in addition to planning fees and legal surcharge stated in § 5.01.060.

(B) Environmental review fees paid for planning staff review are:

(C) A $250 non-refundable minimum deposit shall be paid by the applicant at the time of application unless the fee specified above is greater than the minimum deposit. Should the deposit be expended conducting environmental review, additional fees shall be paid by the applicant for the actual time spent on the activity. The legal surcharge for all applications is a minimum non-refundable fee of $100.

(D) Billing for fees shall be quarterly. Failure to pay fees within 30 days of receiving the bill shall constitute an unreasonable delay by the applicant in the environmental review process. Delinquent bills shall result in cessation by staff of the environmental review process until billing is made current.

(E) When an environmental impact report (EIR) is required, the fees for request for proposals/EIR contract and notice of preparation shall not apply unless more than one request for proposals/EIR contract and notice of preparation are requested. The Planning Department’s administrative fee for the processing of an environmental impact report is 25% of the cost of the EIR. The EIR administrative fee is to be paid by the applicant and is in addition to the cost of the EIR. When an EIR is required, the legal surcharge/administrative fee shall be 2% of the cost of the EIR. The specific administrative fee for EIR processing shall be in addition to any other fees for environmental review.

(1966 Code, § 6C.1-10) (Ord. 623, § 1(part); Ord. 833, § 2; Ord. 972, Exhibit A, 2018)

Based upon the 1992-1993 Planning Department budget, the average hourly rate for the planning staff is hereby established at $36.50 per hour of service. The billing rate may be adjusted from time to time by ordinance. The established hourly rate is applicable to Table 5.01.060(1) where actual cost and/or hourly rate is indicated and to environmental review fees after the deposit or fee is expended.

(1966 Code, § 6C.1-11) (Ord. 623, § 1(part))

All prior enactments of the Board of Supervisors establishing fees for services and materials are hereby repealed to the extent that such enactments establish fees for services and materials, which are different from the fees established therefor by this article, but shall otherwise remain in force and effect. The fees for services may be adjusted from time to time by ordinance.

(1966 Code, § 6C.1-12) (Ord. 623, § 1(part))

The appeal fee for planning and the legal surcharge as established by Table 5.01.060(1) of this subarticle is waived for code violation appeals of the Planning Director’s decision to the Planning Commission and appeals of the Planning Commission’s decision on code violations to the Board of Supervisors.

(1966 Code, § 6C.1-13) (Ord. 627, § 1(part))

The planning fees and legal surcharge as established by Table 5.01.060(1) of this subarticle is amended for major subdivision applications for 51 or more lots. For major subdivisions of 51 or more lots, the applicant shall pay the established fee for a 50 lot subdivision as a deposit. After the deposit is expended, based on the established hourly rate for planning and legal services, the applicant shall remit to the Planning Department, the amounts billed by the Planning Department for services based on the hourly rate.

(1966 Code, § 6C.1-14) (Ord. 627, § 1(part))

SUBARTICLE IV. TAX COLLECTOR’S OFFICE

(A) An installment redemption fee of $112 shall be imposed upon persons electing to pay delinquent taxes in installments pursuant to Cal. Revenue and Taxation Code § 4217.

(B) Except as otherwise stated in Cal. Revenue and Taxation Code § 4217, application may be made any time prior to 5:00 p.m. on June 30 of the fifth year after the property became tax defaulted.

(C) The installment redemption fee shall be collected at the time the application is made.

(D) Each legal parcel of property shall require its own installment redemption application and fee.

(1966 Code, § 6C.1-15) (Ord. 629, §§ 1—3; Ord. 842, § 1(part), 2009; Ord. 843, §§ 1, 2, 2009; Ord. 972, Exhibit A, 2018)

SUBARTICLE V. HEALTH AND HUMAN SERVICES AGENCY

The purpose of this subarticle is to establish fees and charges to recover the full cost of the administration of the state-mandated medical marijuana program (MMP) and issuance of MMP identification cards.

(1966 Code, § 6C.1-16) (Ord. 809, (part))

The Board of Supervisors, County of San Benito, makes the following findings:

(A) Cal. Health and Safety Code § 11362.755 authorizes the county to establish and charge fees for the administration of the medical marijuana program (MMP) and issuance of MMP identification cards.

(B) The reasonable estimate of the annual cost of providing the services specified in division (A) of this section is $1,095.

(C) The fees/charges specified in this subarticle represent the reasonable charges/fees necessary to reimburse the county for performing the applicable services specified in this subarticle. The charges/fees do not exceed the reasonable estimate of the cost of providing the services for which the charges/fees are levied.

(1966 Code, § 6C.1-17) (Ord. 809, (part); Ord. 821, § 1)

The fee shall be applicable for the administration of the MMP including providing applications, receiving and processing applications, maintaining MMP records and issuing MMP identification cards to approved applicants and primary caregivers.

(1966 Code, § 6C.1-18) (Ord. 809, (part))

The fee for issuing an MMP identification card is $100 per card. Pursuant to Cal. Health and Safety Code § 11362.755(b), upon satisfactory proof of participation and eligibility in the Medi-Cal program, a Medi-Cal beneficiary shall receive a 50% reduction in the fees established pursuant to this section.

(1966 Code, § 6C.1-19) (Ord. 809, (part); Ord. 821, § 2; Ord. 972, Exhibit A, 2018)

(1966 Code, § 6C.1-20) (Ord. 809, (part); Ord. 821, § 3)

The ordinance codified in this subarticle shall take effect and be in force 30 days after the date of its passage and approval. Prior to the expiration of 15 days from the final passage hereof, the Clerk of the San Benito County Board of Supervisors shall cause the ordinance codified in this article to be published in a newspaper of general circulation in the County of San Benito.

(1966 Code, § 6C.1-21) (Ord. 809, (part))

(A) Purpose. The purpose of this section is to establish revised fees and charges sufficient to offset the expenses of the Environmental Health Division of the Health and Human Services Agency in enforcing state statutes, orders, quarantines, rules and regulations relating to public or environmental health. This ordinance repeals Ord. 814 previously codified in § 5.01.091 “Environmental Health Division”, previously enacted. It also allows for a provision of an annual adjustment to fees based on the consumer price index.

(B) Authority. The authority for this section is contained in Cal. Health and Safety Code §§ 101025 and 101325.

(C) Findings. The Board of Supervisors of the County of San Benito makes the following findings:

(1) The Board of Supervisors finds that pursuant to Cal. Health and Safety Code § 101325 that the expenses of the Environmental Health Division of this county in the enforcement of statutes, orders, quarantines, rules and regulations relating to public or environmental health which either require or authorize the health officer of this county perform specific acts, are not met by fees prescribed by the state.

(2) Existing state law authorizes the county to levy fees for services related to the protection of the environment, and enacts specific surcharges on certain services which are to be collected by the county and remitted to the state.

(3) The fees for service were reviewed by staff as necessary to carry out the mandated activities and the function of the Environmental Health Division by the State of California.

(4) The fees specified on the schedule are based on the methodology presented in the 2006 User Fee Report received by Muni-Financial for the County of San Benito.

(5) The fees are based on existing budgets, salaries and benefits, indirect costs for services and supplies, and costs associated with providing direct supervision and are attached and referenced herein to Ord. 915 as Schedule A - Environmental Health Fees.

(6) The fees represent a reasonable fee and they do not exceed the maximum allowable fee to be levied.

(D) Definition of services. The fee schedule shall be applicable to the permitting processes, inspections, plan checks and associated activities as mandated by the Health and Safety Code of the State of California, the San Benito County Code and other applicable regulatory agencies which legally mandate the performance by the County of San Benito Environmental Health Division and are listed on the schedule.

(E) Fees. The fee schedule shall be known as the “Environmental Health Fees” and is attached to Ord. 915 as Schedule A and shall be incorporated by reference.

(F) Failure to pay fee. The failure to pay the fee imposed by this section within 30 days after such fee is due shall result by operation of law in the revocation process of any permit for which fees are required by the section.

(G) Fee proration. Fees shall be prorated for food facilities, which include restaurant, vending and retail market according to the following schedule:

(H) Exemption from permit fee. The director of the Environmental Health Division of the Health and Human Services Agency shall issue a permit without requiring a fee to qualified veterans pursuant to Cal. Business and Professions Code § 16102.

(I) Annual CPI adjustment. All fees referenced in Schedule A may be subject to an annual fee adjustment in proportion to the percentage change of the Consumer Price Index. The Board of Supervisors may by resolution approve an annual increase, starting July 1st of each year by the percent change of the year ending December of the Consumer Price Index, All Urban Consumers (CPI-U), for the San Francisco-Oakland-San Jose area, but the increase shall not exceed 3% in any given year.

(Ord. 915, §§ 1—9, 2013)

(A) Purpose. The purpose of this section is to establish fees and charges sufficient to offset the expenses of the Emergency Medical Services Division of the County of San Benito in the regulation of all emergency medical transportation services and the emergency medical services and personnel connected therewith in order to protect the health, safety and welfare of the residents of the county. The section also allows for a provision of an annual adjustment to fees based on the consumer price index.

(B) Authority. Recovery of such costs is authorized by Cal. Health and Safety Code Division 2.5 § 1797.212 and Cal. Code of Regulations Division 9, Title 22, §§ 100171, 100300 and 100083.

(C) Findings. The Board of Supervisors of the County of San Benito makes the following findings:

(1) The Board of Supervisors finds that pursuant to the Cal. Health and Safety Code, Division 2.5 Emergency Medical Services, that some expenses of the Emergency Medical Services Division of this county in the enforcement of statutes, rules and regulations relating to public or emergency medical services require or authorize the EMS Coordinator or EMS Medical Director of this county to perform specific acts, not met by fees prescribed by the state.

(2) Existing state law authorizes the county to levy fees for services related to the protection of the public health, and enacts specific surcharges on certain services which are to be collected by the county and remitted to the state.

(3) The fees for service were reviewed by staff as necessary to carry out the mandated activities and the function of the Emergency Medical Services Division by the State of California.

(4) The fees specified on the schedule are based on the methodology presented in the 2006 User Fee Report received by Muni-Financial for the County of San Benito.

(5) The fees are based on existing budgets, salaries and benefits, indirect costs for services and supplies, and costs associated with providing direct supervision and are attached to Ord. 919 and referenced herein as Schedule A - Emergency Medical Services Fees.

(6) The fees represent a reasonable fee and they do not exceed the maximum allowable fee to be levied.

(D) Definition of services. The County of San Benito Emergency Medical Services Division is authorized under state law to levy fees for services and is legally mandated to perform services as per the Cal. Health and Safety Code and State Emergency Medical Services Authority. Fees pertain to standards and practices established for the protection of the public and applicable to the permitting process for agencies practicing and providing services, and other associated activities as mandated by Health and Safety Code of the State of California, the San Benito Code and other applicable regulatory agencies.

(E) Fees. The fee schedule shall be known as the “Emergency Medical Services Fees” is attached to Ord. 932 as Schedule A and shall be incorporated by reference.

(F) Failure to pay fee. The failure to pay the fee imposed by this section within 30 days after such fee is due shall result by operation of law in the revocation process of any permit for which fees are required by the section.

(G) Annual CPI adjustment. All fees referenced in Schedule A may be subject to an annual fee adjustment in proportion to the percentage change of the Consumer Price Index. The Board of Supervisors may by resolution approve an annual increase, starting July 1st of each year by the percent change of the year ending December of the Consumer Price Index, All Urban Consumers (CPI-U), for the San Francisco-Oakland-San Jose area, but the increase shall not exceed 3% in any given year.

(Ord. 919, §§ 1—7, 2013; Ord. 932, § 4, 2014)

SUBARTICLE VI. SPECIAL LAW ENFORCEMENT SERVICES

The Board of Supervisors finds as follows:

(A) Existing state law authorizes the county to levy fees for services related to the special law enforcement services provided by the San Benito County Sheriff’s Office;

(B) The fees established by this subarticle shall be used to recover the costs of providing law enforcement services for public and private events by the Sheriff’s Office; and

(C) The fees specified in this article represent the reasonable fees necessary for performing special law enforcement services. The fees do not exceed the reasonable estimate of the cost of providing the services for which the fees are levied.

(Ord. 808, § II)

For each officer performing special law enforcement services, the fee shall be $45 per hour. The fee is effective as soon as this subarticle becomes operative.

(Ord. 808, § III)

(A) Those fees established by this subarticle shall be subject to an automatic annual rate increase in proportion to the percentage change in the San Francisco-Oakland-San Jose Consumer Price Index – All Urban Consumers (CPI-U) over the prior calendar year ending December 31, with the fee adjustment occurring on July 1 of the subsequent calendar year.

(B) The adjusted fee shall be rounded to the nearest whole dollar.

(Ord. 808, § IV)

The fees established by this subarticle shall be applicable to special law enforcement services performed by the San Benito County Sheriff’s Office. Special law enforcement services include providing security for public and private events held in San Benito County.

(Ord. 808, § V)

This subarticle shall take effect and be in force 30 days after the date of its passage and approval. Prior to the expiration of 15 days from the final passage hereof, the Clerk of San Benito County Board of Supervisors shall cause this subarticle to be published in a newspaper of general circulation in the County of San Benito.

(Ord. 808, § VI)

SUBARTICLE VII. PROPERTY TAX ASSESSMENT APPEAL FEES

The purpose of this subarticle is to establish fees and charges to recover the full cost of providing services pertaining to property tax assessment appeals.

(Ord. 906, § 1 (part), 2012)

(A) Cal. Gov’t Code § 54985 authorizes the county to collect fees for services to recover the costs of providing any product or service, including indirect costs.

(B) Cal. Revenue and Taxation Code § 1611.5 authorizes the county to collect a reasonable fee to cover the expense of preparing written findings of fact requested by an appellant.

(C) The Board of Supervisors desires to recover the full cost of providing services related to property tax assessment appeals by the San Benito County Clerk of the Board, County Counsel and County Assessor, from the parties receiving the services. The fees established by this subarticle shall be used to recover the costs of providing such services.

(D) A cost estimate study was prepared to determine the reasonable cost of providing the services. The fees established by this subarticle represent reasonable amounts which do not exceed the cost of providing the services for which they are charged.

(Ord. 906, § 1 (part), 2012)

The following fees shall be collected by the Clerk of the Board of Supervisors, at such time as an application for changed assessment is filed, and at such time as a request for preparation of written findings of fact is submitted. Persons requesting the preparation of written findings of fact shall make an initial deposit, subject to increase or refund, based on actual time spent by the San Benito County Counsel and San Benito Assessor, at the hourly rates in effect for those offices at the time of providing the service, and based on the actual cost of materials. In the event the cost of providing services exceeds the amount of the deposit, any remaining balance due shall be due and payable within 72 hours of written notice by the county of the remaining amount due, sent by fax or by mail to the address on file.

(Ord. 906, § 1 (part), 2012)

SUBARTICLE VIII. ASSESSOR’S OFFICE’S FEES

The purpose of this subarticle is to establish fees and charges to recover the full cost to the Assessor’s Office of providing services pertaining to the processing of certain claims.

(Ord. 912, § 1(part), 2013)

(A) Cal. Gov’t Code § 54985 authorizes the county to collect fees for services to recover the costs of providing any product or service, including indirect costs.

(B) The Board of Supervisors desires to recover the full cost of providing the services specified in this Subarticle VIII, by the San Benito County Assessor, from the parties receiving the services. The fees established by this subarticle shall be used to recover the costs of providing such services.

(C) Fees to be adopted herein shall be 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.

(D) Cal. Revenue and Taxation Code § 63.1(j)(2) authorizes the county to collect a reasonable fee, not to exceed $175, to cover the expense of processing late-filed change in ownership exclusion claims pertaining to assessments on real property transfers between a parent and child or between a grandparent and grandchild.

(Ord. 912, § 1(part), 2013)

The following fees shall be collected by the San Benito County Assessor’s Office:

(Ord. 912, § 1(part), 2013)

SUBARTICLE IX. COUNTY COUNSEL

(A) Outside counsel fees.

(1) Notwithstanding any other section of this code, and to supplement the fees set forth in those sections, all applicants submitting an application for any discretionary approval from the Resource Management Agency shall be charged and pay all expenses for outside legal counsel when such counsel has been retained by the county to provide legal advice relating to that application. Applicants will be responsible in the same manner and at the same rate as the county may incur those expenses.

(2) The amount paid under § 5.01.060 as "legal surcharge" shall be applied to the fees specified above, so that the applicant receives full credit for the amounts paid as part of the application submittal as the "legal surcharge."

(3) For work performed by outside legal counsel on contract with San Benito County, in addition to hourly rates, applicants shall be responsible for actual costs charged to the county for costs and expenses, including, but not limited to, photocopying and mileage expenses. Due to the costs of staff time for legal billing, applicants receiving less than one total hour of outside counsel time shall not be billed for the costs of outside counsel.

(4) Rates different than above may be established by an agreement with an applicant. The hourly rate billed by outside counsel shall not exceed $450 per hour, absent a project specific reimbursement agreement.

(B) County counsel internal staff fees. Fees for County Counsel staff may be fixed by the Board of Supervisors, from time to time, by resolution.

(C) Collection of fee.

(1) Applicant shall be billed for the work being performed by outside counsel. Any balance shall be due and payable within five days of written notice by the county of the amount due, at the address on file for the person and/or entity requesting the service, such as on the application submitted to the Resource Management Department. The notice may be provided by fax, email, or by mail. Applicants shall notify County Counsel, at [email protected], of any change in address within five business days of such change occurring.

(2) In the event that the fee was incurred as a result of an appeal or discretionary approval by the county, such approval may be postponed or denied in the event of non-payment of the fee.

(3) No discretionary approvals shall be granted by the county when there is a past due amount owed to the county, unless this provision is waived by County Counsel.

(4) Payment of all fees shall be a condition of approval for any discretionary approval.

(Ord. 971, § 2, 2018)