Sec. 21-381. - Fee adjustments.

(a)

A developer of any project, or a subdivider of any land, subject to the payment of fees pursuant to this ordinance may appeal to the board of supervisors for a reduction, adjustment or waiver of any sheriff facility development impact fee(s) based upon the absence of any reasonable relationship or nexus between the sheriff impacts of the project or subdivision and either the amount of the fee(s) charged or the type of sheriff facilities to be financed. The appeal shall be made in writing, shall state the factual basis for the claim of reduction, adjustment or waiver, and shall be submitted to the county sheriff within fifteen calendar days following determination of the fee amount.

(b)

The county sheriff or his/her designee shall review the appeal, develop recommended actions to be taken by the board of supervisors, and submit both the appeal and recommended actions to the board of supervisors for their consideration at a public hearing to be conducted within sixty days after the filing of the appeal. The decision of the board of supervisors shall be final. If a reduction adjustment or waiver is granted, any change in use from the project as approved shall invalidate the waiver, adjustment or reduction of the fee.

(Ord. No. 4360, § 1

Sec. 21-382. - Fee reduction for beneficial projects.

The board of supervisors may establish by resolution categories of "beneficial projects" which are eligible for fee reductions or waivers. The resolution will establish procedures for granting fee reductions or waivers.

(Ord. No. 4360, § 1)

Sec. 21-383. - Fee account.

(a)

Upon receipt of a fee subject to this ordinance, the county shall deposit, invest, account for and expend the sheriff facility development impact fees pursuant to California Government Code Section 66006.

(b)

Sheriff facility development impact fees paid shall be held by the county sheriff department in a separate sheriff facility development impact fee account to be expended for the purpose for which they were collected. The county sheriff department shall retain all interest earned on the fees in such accounts and shall allocate the interest to the accounts for which the original fee was imposed.

(Ord. No. 4360, § 1)

Sec. 21-384. - Use of funds.

(a)

Funds collected from sheriff facility development impact fees shall be used to acquire, construct and install sheriff facilities or reimburse costs of previously constructed facilities.

(b)

No funds collected pursuant to this ordinance shall be used for periodic or routine maintenance.

(c)

Funds may also be used to pay debt service on bonds or similar debt instruments to finance the acquisition, construction and installation of related equipment to the sheriff facilities.

(d)

Funds may also be used to offset the cost of administration of the fund including audits, yearly accounting and reports, and other costs associated with maintaining the fund.

(Ord. No. 4360, § 1)

Sec. 21-385. - Developer construction of facilities.

In lieu fee credit for the construction of sheriff facilities and service improvements is allowable under the following conditions:

(a)

Only the costs of sheriff facilities listed on the applicable sheriff capital improvement plan shall be eligible for in-lieu credit.

(b)

With prior approval of the county sheriff or his/her designee, an in-lieu credit of fees may be granted for actual construction costs (or a portion thereof) of sheriff facilities provided by the developer.

(c)

If the actual construction cost is greater than the required relevant fees, the county shall have no obligation to pay the excess amount.

(d)

An amount of in-lieu credit that is greater than the specific fee(s) required under this ordinance may be reserved and credited toward the fee of any subsequent phases of the same development or subdivision, if such credit is determined to be appropriate and timely, and approved in advance by the county sheriff.

(e)

If an applicant is required, as a condition of approval for a discretionary permit or a final subdivision map, to construct any off-site sheriff facilities, and the cost of the facilities is determined to exceed the fee due

under this ordinance, a reimbursement agreement may be offered in writing by the county sheriff. The reimbursement agreement shall contain terms and conditions approved by the county sheriff, auditorcontroller, county counsel and the board of supervisors. This section shall not create any duty to offer a reimbursement agreement.

(f)

A developer or subdivider seeking credit and/or reimbursement for construction or improvements of facilities, or dedication of land or rights-of way, shall submit documentation acceptable to the county sheriff to support the request for credit or reimbursement. The county sheriff shall determine whether the facilities or improvements are eligible for credit or reimbursement, and the amount of such credit or reimbursement due the developer or subdivider if so eligible.

(g)

Any claim for credit must be made at or before the time of application for a building permit. Any claim not so made shall be deemed waived.

(h)

Exemptions, credits, reductions, adjustments or waiver of fees shall not be transferable from one project or subdivision to another without the board of supervisors' approval.

(i)

Determination made by the county sheriff pursuant to this section 21-385 may be appealed to the board of supervisors by filing a written request with the clerk of the board, together with a fee established by the board of supervisors, within ten working days of the determination of the county sheriff.

(Ord. No. 4360, § 1)

Sec. 21-386. - Condition for refunds.

(a)

If a permit upon which a fee was based expires without commencement of construction, the taxpayer shall be entitled to a refund of the sheriff facility development impact fee(s) paid, with any interest accrued thereon, as a condition for the issuance of the permit. The feepayer shall submit a written request for a refund to the county sheriff within two years after the expiration date of the permit. Failure to timely submit a request for a refund may constitute a waiver of any right to a refund.

(b)

The county sheriff or his/her designee shall report to the board of supervisors, once each fiscal year, any portion of sheriff facility development impact fees remaining unexpended or uncommitted in an account five or more years after deposit and identify the purpose for which the fee was collected. In accordance with Government Code Section 66001, the board of supervisors shall make findings once each fiscal year on any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee, to (1) identify the purpose to which the fee shall be put; (2) demonstrate a reasonable

relationship between the fee and the purpose for which it is charged; (3) identify all sources and amounts of funding anticipated to complete financing of the sheriff facilities; and (4) designate the approximate dates on which the funding is deposited into the appropriate account.

(c)

For all unexpended or uncommitted fees for which the findings set forth in subsection (b) of this section cannot be made, the county shall refund to the current record owner or owners of lots or units of the development project(s) on a prorated basis the unexpended or uncommitted fees, and any interest accrued.

(d)

If the administrative costs of refunding unexpected and uncommitted revenues collected pursuant to this ordinance exceeds the amount to be refunded, the board of supervisors, after a public hearing, for which notice has been published pursuant to Government Code Section 66001 and posted in three prominent places within the area of the development project, may determine that the revenues shall be allocated for some other purpose for which the fees are collected pursuant to Government Code Section 66001 et seq. and that serves the project on which the fee was originally imposed.

(Ord. No. 4360, § 1)