San Benito County Municipal Code Art. IX Law Enforcement Impact Fee

The fee charged pursuant to this article shall be known as the “Law Enforcement Impact Fee.”

(1966 Code, § 15D-1) (Ord. 574, § 1(part); Ord. 962, § 6, 2017)

The purpose of the Law Enforcement Impact Fee is to generate revenue to defray costs of law enforcement facilities necessitated by new development projects in the county.

(1966 Code, § 15D-2) (Ord. 574, § 1(part); Ord. 962, § 7, 2017)

The Board of Supervisors finds as follows:

(A) The increasing volume of construction of residences and non-residential buildings continues to generate a greater demand for law enforcement facilities and services.

(B) In order to provide law enforcement facilities and services required by new development, a law enforcement impact fee is necessary.

(C) The fee shall be imposed on both residential and non-residential development, since these types of developments both place burdens on law enforcement facilities and services. Law enforcement includes, without limitation, the Sheriff’s Office, Probation Department, District Attorney, County Counsel, Planning and Building, Health Department and other departments to the extent each department is involved in the enforcement of state laws and county ordinances.

(1966 Code, § 15D-3) (Ord. 574, § 1(part); Ord. 962, § 8, 2017)

All impact fees collected pursuant to this article shall be placed into special funds which are created and established for the purposes specified in this article. The special funds shall be known as the law enforcement impact funds.

(1966 Code, § 15D-4) (Ord. 574, § 1(part); Ord. 962, § 9, 2017)

Revenue in the law enforcement impact funds shall be used for the financing or the acquisition of capital expenditures, projects or improvements related to law enforcement.

(1966 Code, § 15D-5) (Ord. 574, § 1(part); Ord. 962, § 10, 2017)

The Law Enforcement Impact Fee shall be imposed in the amount of $1,518 per single family residence, $1,390 per multi-family residence, $0.292 per square foot of commercial development, $0.221 per square foot of office development, and $0.132 per square foot of industrial development.

(1966 Code, § 15D-8) (Ord. 574, § 1(part); Ord. 962, § 12, 2017)

(A) Prior to issuance of a building permit, an applicant shall pay to the Building Department the fees prescribed by ordinance or resolution.

(B) The amount of the fee shall be determined by the rate in effect on the date that payment is tendered.

(C) In the event that subsequent development occurs with respect to property for which fees have been paid, additional fees shall be required only for additional square footage of development that was not included in computing the prior fee.

(1966 Code, § 15D-11) (Ord. 574, § 1(part); Ord. 948, § 3, 2016; Ord. 962, § 14, 2017)

(A) Annually, the county Administrative Officer pursuant to state law, including Cal. Gov’t Code § 66001, shall prepare a report on the status of the impact fee fund for the Board of Supervisors. The report shall include the balance of the impact fee fund at the end of the previous fiscal year, the fee revenue received during the previous fiscal year, and the need for the continuing collection of the impact fees.

(B) Following presentation of the report by the county’s Administrative Officer, the Board shall take whatever action is appropriate.

(1966 Code, § 15D-12) (Ord. 574, § 1(part))

The following development projects are exempt from paying the impact fee:

(A) (1) Building permits for certain types of development are exempt from the requirements of this article since this type of development does not significantly add to the impact on capital improvements. The following types of development are exempt from the requirements of this article.

(2) Building permit for:

(a) Pools;

(b) Fences; and

(c) Additions or alterations with a value of $5,000 or less.

(B) (1) No law enforcement impact fee shall apply to the reconstruction of any residential, commercial or industrial structure that is damaged or destroyed as a result of a natural disaster, as declared by the Governor of the State of California. Any reconstruction which is not substantially equivalent to the damaged or destroyed property shall be deemed new construction and to that portion the law enforcement impact fee shall apply.

(2) No law enforcement impact fee shall apply for an applicant who desires to voluntarily destroy an existing structure for a replacement structure if the replacement structure contains the same, or less, square footage as the previously existing structure. If the replacement structure contains more square footage than the previously existing structures, the law enforcement impact fee shall apply only to the excess square footage. This exemption applies only when an applicant applies for a development permit and waiver of the law enforcement impact fee in advance of the destruction of the previously existing structure and only if the previous existing structure could have been legally occupied at the time of destruction.

(C) If a structure is destroyed by a fire or other natural calamity, which is not proclaimed a natural disaster by the Governor of the State of California, no impact fee shall be required for the replacement of the existing structure when the replacement structure contains the same, or less, square footage as the previously existing structure. If the replacement structure contains more square footage than the previously existing structure, the impact fee shall apply only to the excess square footage.

(D) If an applicant desires to voluntarily destroy an existing structure, no impact fee shall apply for the replacement of the existing structure when the replacement structure contains the same, or less, square footage as the previously existing structure. If the replacement structure contains more square footage than the previously existing structures, the impact fee shall apply only to the excess square footage. This exemption applies only when an applicant applies for a development permit and waiver of impact fees in advance of the destruction of the previously existing structure and only if the previous existing structure could have been legally occupied at the time of destruction.

(1966 Code, § 15D-13) (Ord. 574, § 1(part); Ord. 962, § 15, 2017)

The county shall not conduct a final inspection, or issue a certificate of occupancy, if an applicant does not pay any required law enforcement impact fee. The applicant shall not cause, or allow the occupation of a structure without payment of the impact fee when the fee is required by this article.

(1966 Code, § 15D-14) (Ord. 574, § 1(part); Ord. 962, § 16, 2017)

A violation of any provision of this article constitutes a public nuisance, per se.

(1966 Code, § 15D-15) (Ord. 574, § 1(part))

(A) Violation of article; criminal. Any person violating any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.03 of the San Benito County Code.

(B) Violation of article; public nuisance. Any violation of this article is unlawful and a public nuisance and shall be abated, eliminated and enjoined as provided in Chapter 1.03 of the San Benito County Code.

(C) Remedies cumulative. Except as otherwise provided by law, the remedies provided in this article are cumulative and not exclusive. Nothing in this article is intended, or shall be deemed or construed, to limit or impair the ability of the county, or any of its officers, agents or employees, to take any administrative or judicial action, otherwise authorized by law, to abate any public nuisance. Chapter 1.03 of the San Benito County Code is incorporated by reference as though its provisoes were fully set forth herein.

(1966 Code, § 15D-16) (Ord. 574, § 1(part))