Stanislaus County Municipal Code Ch. 24.03 Conditions for Collection

A. In establishing as authorized by this title to be imposed on a fee on a development project, the following shall be addressed by a fire protection district seeking the establishment of a fee to the satisfaction of the board of supervisors:

1. Identify the purpose of the fee;

2. Identify the use to which the fee is to be put.

B. Before establishing a fire protection facility fee as authorized by this title, the board of supervisors must make the following determinations based upon evidence submitted by the fire protection district seeking the establishment of a fee:

1. Determine how there is a reasonable relationship between the fees use and the type of development project on which the fee is imposed;

2. Determine that there is a reasonable relationship between the need for the fire protection facility and the impacts caused by the type of development project on which the fee is imposed; and

3. Determine there is a reasonable relationship between the amount of the fee and the cost of the fire protection facility or portion of the fire protection facility attributable to the development on which the fee is imposed.

C. A fire protection district shall adhere to guidelines developed by the county regarding the sufficiency of the evidence submitted and the procedures to be followed for the submission of such evidence.

D. Fees shall be collected, deposited, invested, accounted for and expended pursuant to the provisions of California Government Code Section 66006 by the fire protection district for which a fee is established. Furthermore, a fire protection district for which a fee has been established shall be responsible for meeting any and all requirements set forth in the provisions of Government Code Section 66000 et seq.

(Ord. CS 364 §1(part), 1991)

A. The fire protection district for which a fee is established pursuant to this title shall report to the board once each fiscal year any portion of a fee remaining unexpended or uncommitted in an account five or more years after deposit and identify the purpose for which the fee was collected. The fire protection district shall provide the board of supervisors with findings once each fiscal year with respect to any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee, identifying the purpose to which the fee is put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged.

B. A refund of unexpended or uncommitted fees for which a need cannot be demonstrated along with accrued interest, may be made to the current owner(s) of the development project(s) on a prorated basis. The fire protection district for which a fee has been established pursuant to this title may refund unexpended and uncommitted fees that have been found by the fire protection district to be no longer needed, by direct payment or by off-setting other obligations owed to the fire protection district by the current owner(s) of the development project(s).

C. If the administrative costs of refunding unexpended and uncommitted revenues collected pursuant to this section exceed the amount to be refunded, the fire protection district, after a public hearing, for which notice has been published pursuant to Government Code Section 6061 and posted in three prominent places within the area of the development project, may determine that the revenues shall be allocated for some other fire protection district purpose for which the fees are collected subject to this title that serve the project on which the fee was originally imposed.

D. Each fire protection district for which a fee has been established pursuant to this title shall submit a report to the board of supervisors of the county, stating reasons for the refunding or retention of unexpended funds. Such report shall be prepared in adherence to guidelines developed by the county and submitted in a form approved by the county.

E. Each fire protection district for which a fee has been established pursuant to this title shall be responsible for providing and maintaining the information necessary to support the requirements of subsection A of this section and any further information necessary in order to comply with the provisions of this ordinance and California Government Code Section 66006.

(Ord. CS 364 §1, 1991)