Thousand Oaks Municipal Code Ch. 16 Fees in Connection with the Construction of Dwelling Units

Every person constructing any new dwelling unit in the City shall pay to the City the following fees: the sum of One Hundred and no/100ths ($100.00) Dollars for each dwelling unit containing not more than one bedroom, including convertible dens, and the sum of Fifty and no/100ths ($50.00) Dollars for each additional bedroom, including convertible dens, contained therein; provided, however, in no event shall the total fees pursuant to the provisions of this chapter for any new dwelling unit exceed the sum of Two Hundred and no/100ths ($200.00) Dollars.

(§ 1, Ord. 338-NS, eff. December 28, 1972)

Such fees shall be due and payable in the Finance Department of the City upon an application to the City for a building permit for the construction of any such dwelling unit, except, in the case of a trailer park, such fees shall be due and payable upon approval by the City of the trailer park development permit. In the event the building permit or trailer park development permit is not approved or is not used for such construction, there shall be a refund of such fees.

(§ 1, Ord. 338-NS, eff. December 28, 1972, as amended by § 1, Ord. 343-NS, eff. January 11, 1973)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) “Person” shall mean and include every person, firm, or corporation constructing a dwelling unit itself or through the services of any employee, agent, or independent contractor.

(b) “Dwelling unit” shall mean and include each single-family dwelling and each separate habitation unit of an apartment or duplex or multiple dwelling structure designated as a separate habitation for one or more persons, although a part of the same building or structure, and each space in a trailer park. Each trailer space fee shall be One Hundred and no/ 100ths ($100.00) Dollars.

(§ 1, Ord. 338-NS, eff. December 28, 1972, as amended by § 2, Ord. 343-NS, eff. January 11, 1973)

Nothing in this chapter shall be deemed or construed to apply to any dwelling unit or trailer space which shall be used exclusively for housing elderly persons, handicapped persons, or persons whose gross income is in such a category that those persons are designated under current Federal standards, as found in the Federal Housing Acts of 1937, 1949, 1950, 1954, 1956, 1959, 1961, 1964, 1965, 1968, 1969, and 1970, to be eligible for low or moderate-income housing subsidies.

Any person claiming to construct housing which is entitled to an exemption pursuant to the provisions of this section shall file a sworn statement with the Director of Finance stating the facts upon which an exemption is granted, and, in the absence of such statement substantiating the claim, such persons shall be liable for the payment of the taxes imposed by the provisions of this chapter.

The collector shall, upon proper showing contained in the sworn statement, issue a tax receipt to such person claiming an exemption pursuant to the provisions of this section without payment to the City of the fees required by the provisions of this chapter.

The Director of Finance, after giving notice and a reasonable opportunity for a hearing to the person holding a tax receipt containing an exemption pursuant to the provisions of this section, may revoke such tax receipt granted pursuant to the provisions of this section upon evidence and proof that the holder of the tax receipt is not entitled to the exemption as provided for in this section.

(§ 1, Ord. 338-NS, eff. December 28, 1972, as amended by § 3, Ord. 343-NS, eff. January 11, 1973)

To implement the foregoing declaration, the Council hereby creates, pursuant to the provisions of Sections 53730.5 through 53737 of the Government Code of the State, a Special Capital Outlay Fund for the acquisition, improvement, and development of open space, public parks, parkways, and median islands, to be kept and held by the Director of Finance in a Special Capital Outlay Fund as provided for in Title 5, Division 2, Article 4, of the Government Code, of the State, the funds of which are to be budgeted and expended by the Council only for the purposes set forth in this section.

(§ 1, Ord. 338-NS, eff. December 28, 1972, as amended by part 8, Ord. 1437-NS, eff. July 7, 2005)

If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The Council hereby declares that it would have adopted the provisions of this chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, or portions be declared invalid or unconstitutional.

(§ 1, Ord. 338-NS, eff. December 28, 1972)