Stanislaus County Municipal Code Ch. 24.06 Other Rules

This title and any subsequent amendment to the fire protection facilities fee program shall be read together. With respect to any fire protection facility fee enacted by resolution under this title, any provision of such a fire protection facility fee which is in conflict with this title shall be void.

(Ord. CS 364 §1, 1991)

Should any provision of this title or a subsequent amendment to the fire protection facilities fee program beheld by a court of competent jurisdiction to be either invalid, void or unenforceable, the remaining provisions of this title and the fire protection facilities fee program shall remain in full force and effect

(Ord. CS 364 §1, 1991)

A developer of any project subject to the fee described in this title may apply to the board of supervisors for reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the impacts of the development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the clerk of the board not later than: (1) ten days prior to the public hearing on the development permit application for the project; or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The board of supervisors shall consider the application at a public hearing held within sixty days after the filing of the fee adjustment application. The fire protection district whose fee is challenged shall prepare a staff report and recommendation for board consideration. The decision of the board of supervisors shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(Ord. CS 364 §1, 1991)

Any and all costs associated with the administration of this title on behalf of a fire protection district by county departments, employees and/or agents, shall be borne by said fire protection district.

(Ord. CS 364 §1, 1991)

In the event of any challenge to the provisions of this title, the establishment, payment, or collection of a fee established pursuant to this title, whether by judicial, administrative, or any other means, in that event, the fire protection district on whose behalf said fee was established shall defend, hold harmless, and indemnify the county, its officials, employees, agents and/or departments, upon demand by representatives of the county. In addition, the county retains the right to obtain counsel to defend itself, its officials, employees, departments and/or agents, from any and all legal, administrative or other challenges to this title and/or to any fee established pursuant to this title and the fire protection district and/or districts whose fees are being challenged hereby agree to pay, within thirty days from receipt of invoice, any and all legal fees necessary for the defense of the county as well as any and all costs associated with the defense of the county from any and all such challenges. Each and every term of this section is critical to the interests of the county and time is of the essence in the application of this section.

(Ord. CS 364 §1, 1991)

The ordinance codified in this title shall take effect thirty days from and after the date of its passage and before the expiration of fifteen days after its passage. It shall be published once, with the names of the members voting for and against the same in the Modesto Bee, a newspaper published in the county of Stanislaus, state of California.

(Ord. CS 364 §1(part), 1991)

Statutory References