Tracy Municipal Code Art. 4 Capital Outlay Recreational Fund

This article shall be known as the Capital Outlay Recreational Fund Law of the City.

(Prior code § 8-2.401)

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

(a) "Residential unit" shall mean a single-family dwelling, a dwelling unit in a duplex, apartment house, or dwelling group, or any other place designed for human occupancy which contains a kitchen, and any space in a mobile home park designed or intended for a house trailer, mobile home, camper, or similar vehicle.

(b) "Mobile home park" shall mean any area of one or more lots or spaces to be occupied by a house trailer.

(c) "Bedroom" shall mean any room containing a closet of a size sufficient to hold clothing, excluding therefrom one living room with entry closet per dwelling.

(Prior code § 8-2.402)

(a) In-lieu fees imposed. A fee is hereby imposed for revenue purposes upon the construction of each residential unit in the City.

(b) Fees. The fee hereby imposed is as follows:

(1) Every person constructing any dwelling unit in the City shall pay to the City the following fee: the sum of Five Hundred Fifty-Two and no/100ths ($552.00) Dollars for each bedroom contained therein; and

(2) For each mobile home park, the sum of Five Hundred Fifty-Two and no/100ths ($552.00) Dollars for each trailer space.

(c) Date due. The amount of the fees due pursuant to this article shall be determined at the time a building permit is sought for the construction of residential units or buildings or for the construction or reconstruction of any mobile home park, and the full amount of such fee shall be due and payable concurrently with the application for such permit. If such fee is not fully paid on or before the date the permit is issued, the fee, or the amount thereof not paid, shall thereupon become delinquent.

(d) Delinquency penalty: Interest. There shall be added to the fee for any unit, or so much of such fee as becomes delinquent, a penalty of twenty-five (25%) percent which shall thereupon become payable in the same manner as the fee. The fee and penalty shall bear interest at the rate of 0.58 of one percent per month until paid.

(e) Fee adjustments. The fees shall be adjusted semiannually, using the Construction Cost Index published by the Engineering News Record, to compensate for the increase in the costs of deferred construction.

(Prior code § 8-2.403)

The fees imposed by this article shall apply to the construction of all residential units for which a building or construction permit is issued on or after August 1, 1965.

(Prior code § 8-2.404)

(a) There is excepted from the fees imposed by this article the construction and occupancy of a residential unit which is a replacement for a unit being removed from the same lot or parcel of land. The exception shall be equal but shall not exceed the fee which would be payable pursuant to this article if the unit being replaced were being newly constructed.

(b) A subdivision which is subject to park land dedication or in-lieu fee payment and the payment of park improvement fees under another provision of this code is exempt from the fees imposed by this article.

(Prior code § 8-2.405, as amended by § 2, Ord. 942 C.S., eff. September 5, 1996)

There is excluded from the fees imposed by this article any construction having paid, prior to July 15, 1965, the fees provided previous to July 15, 1965, by section 10-3.412 of article 4 of chapter 3 of Title 10 of this Code.

(Prior code § 8-2.406)

The fees imposed by this article shall be due from the person by or on behalf of whom a residential unit or building or a mobile home park is constructed, whether such person is the owner or a lessee of land upon which the construction is to occur. The Director of Finance shall collect such fees and any penalty and interest due. The full amount due pursuant to this article shall constitute a debt to the City, and an action for the collection thereof may be commenced in the name of the City in any court having jurisdiction of the cause.

(Prior code § 8-2.407)

No person shall begin the construction of any residential unit or building or any mobile home park in the City without first having paid the fee and any penalty and interest due the City pursuant to this article.

(Prior code § 8-2.408)

No occupancy permit shall be issued for, and no person shall occupy or offer for occupancy, any residential unit or building or any space in a mobile home park in the City unless the fee and any penalty and interest imposed upon the construction and occupancy thereof by this article has been paid.

(Prior code § 8-2.409)

Any fee, penalty, and interest paid to the City pursuant to this article for any building, unit of a building, or mobile home park which is not constructed shall be refunded upon an application of the payor and a showing to the satisfaction of the Director of Finance that such building or unit has not been constructed or construction commenced, and that the building permit issued for such building or unit has been cancelled or surrendered or otherwise does not authorize the construction of such building or unit.

(Prior code § 8-2.410)

All proceeds from the fees, penalties, and interest collected pursuant to this article shall be paid into a special Capital Outlay Fund of the City entitled "Capital Outlay Recreational Fund", which fund is hereby created. Such fund shall be used only for the acquisition of parks and recreational areas and their development, including equipment, for recreational purposes.

(Prior code § 8-2.411)