Tulare County Municipal Code Art. 7 Collection of Fees

(a) Each incorporated City within the County of Tulare shall, pursuant to a separate agreement entered into between that City and the County to collect the fee or fees required under the provisions of this Chapter, and in the amount as may be set from time to time by County resolution, on behalf of the County. The City will collect a fee for all non-exempt construction or development pursuant to provisions of this Chapter and the County resolution(s) adopting or modifying the fee or fees from time to time, at the time of the issuance of a certificate of occupancy or upon final inspection, whichever occurs first, or, if the provisions of Government Code Section 66007 are met, at the time of issuance of a building permit.

(b) Alternatively, a City may provide that such fees are collected by requiring the applicant to present a voucher or other form of written or electronic verification issued by the County evidencing that the full payment of such fees directly to the County has occurred before issuance of a certificate of occupancy or upon final inspection, whichever occurs first, or, if the provisions of Government Code Section 66007 are met, at the time of issuance of a building permit.

(Added by Ord. No. 3429, effective 8-11-11)

Each City shall remit to the County Auditor, on a quarterly basis, the sum of those fees collected during that quarter. The quarter shall be based upon a County fiscal year quarter. The fees shall be remitted within 15 days of the end of the quarter. The remittance shall be less any administrative charges as set out in Section 1-25-1310.

(Added by Ord. No. 3429, effective 8-11-11)

Each City which collects the County traffic facilities fee(s) pursuant to Section 1-25-1300 and pays the fee to the County Auditor pursuant to Section 1-25-1305 shall be entitled to retain an administration charge for its collection services in an amount not to exceed 2.5% of the Traffic Impact Fee charged or as may be determined by agreement between the County and City. The agreement entered into between the County and the City shall contain specific provisions related to the amount of the city administration charge. If a city fails to collect the fee or fees required under the provisions of this Chapter in incorporated areas, the County may exercise its legal rights to collect such fee or fees.

(Added by Ord. No. 3429, effective 8-11-11)

A city shall hold harmless, defend and indemnify the County, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to property, including County property, arising from, or in connection with, the performance by the City or its agents, officers and employees under this Chapter or implementation of the impact fee collection system in that City pursuant to agreement between the City and County or otherwise.

The County shall hold harmless, defend and indemnify a City, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to property, including the City's property, arising from, or in connection with, the performance by the County or its agents, officers and employees under this Chapter or implementation of the impact fee collection system in that City pursuant to agreement between the City and County or otherwise.

(Added by Ord. No. 3429, effective 8-11-11)

The County shall collect the fee or fees imposed under the provisions of this Chapter, and in the amount as may be set from time to time by County resolution, in the unincorporated areas of the County and may collect such fee or fees in any Cities in which the County acts on the City's behalf to issue building permits, make final inspections or issue certifications of compliance upon City concurrence by agreement or resolution. The County will collect a fee for all non-exempt construction or development pursuant to provisions of this Chapter and the County resolution(s) adopting or modifying the fee or fees from time to time, at the time of the issuance of a certificate of occupancy or upon final inspection, whichever occurs first, or, if the provisions of Government Code Section 66007 are met, at the time of issuance of a building permit. If a City fails to collect the fee or fees required under the provisions of this Chapter in incorporated areas, the County may exercise its legal rights to collect such fee or fees.

(Added by Ord. No. 3429, effective 8-11-11)

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Code reviser’s note: Ord. No. 3429 adds this section as section 1-25-1315; it has been editorially renumbered to prevent duplication.

The County may waive fees or reduce fees or defer fees pursuant to this Chapter by resolution or impose a moratorium on collection of fees for a specified, limited amount of time.

(Added by Ord. No. 3429, effective 8-11-11)