Wildomar Municipal Code Art. III Miscellaneous Fees

A. Purpose and Scope. The purpose of this section is to establish fees in reasonable amounts to cover the costs of rendering certain enumerated services and supplies furnished by the City Clerk as authorized by Government Code Sections 65092, 26831, 54985, 26840, 26840.1, 26840.2, 26840.3, 26840.7, 26840.8, 26861, 8213, 27361, 26849.1, 26855.1, 26855.2, 26855.3, 26836, 26850 and 26851 and Business and Professions Code Sections 17926, 17929, 22352, 22353, 6405, 6404, 22453, and 22457.

B. Listing Not Comprehensive. This section is not intended to contain all fees that are or may be charged for services and supplies furnished by the City Clerk for services and supplies and to the extent that other fees are customarily charged or are established elsewhere and are not listed in this section; all such fees, charges and rates shall remain in full force and effect.

C. Fees and Charges.

Notes:

(Ord. 18 § 2, 2008, RCC § 4.68.100)

A. Purpose and Authority. This section adopts and establishes fees for the separate assessment of timeshare projects as provided in Revenue and Taxation Code Sections 2188.8 and 2188.9.

B. Application. The fees set out in this section are charges for the initial and the ongoing costs of the separate assessment and billing and mailings with respect to timeshare projects made in accordance with Revenue and Taxation Code Sections 2188.8 and 2188.9. This section is intended to be applicable to assessments on the 1993-94 assessment roll and subsequent assessment rolls.

C. Fees. The following fees shall be charged for each timeshare project separate assessment made by the County Assessor under Revenue and Taxation Code Sections 2188.8 and 2188.9.

1. Separate timeshare assessments (new set-up): $14.59.

2. Separate timeshare assessments (ongoing maintenance): $9.38.

D. Levy and Collection. For the 1993-94 assessment roll, the timeshare separate assessments that are subject to the provisions of this section, and which are to be added to the specified assessments by the County Auditor-Controller, are as set out on the report of the County Assessor accompanying the notice of public hearing given in consideration of the adoption of this section. For assessment rolls subsequent to 1993-94, the County Assessor shall submit a report identifying each timeshare project in which separate assessments that are subject to the fees established in this section have been made to the Board of Supervisors at a regularly scheduled meeting of the Board on or before August 15th of each year. On receipt and filing of the report, the County Auditor-Controller shall levy the indicated fees on the assessment numbers as reported by the assessor. For 1993-94 and years thereafter, the fees shall be billed and collected along with the regular taxes and assessments related to each timeshare project separate assessment and shall be subject to the same delinquency penalties and interest otherwise applicable to the regular taxes and assessments. When collected, the fees and any applicable penalties and interest shall be deposited into the County General Fund.

(Ord. 18 § 2, 2008, RCC § 4.68.120)

The City Council establishes certain election service fees and charges as follows:

A. Allocation of costs by election: see Exhibit "A" attached to County Ordinance 738.1.

B. Recommended model for regularly scheduled elections: see Exhibit B attached to Ordinance 738.1.

C. Charges and fees for services: see Exhibit "C" attached to Ordinance 738.1.

(Ord. 18 § 2, 2008, RCC § 4.68.140)

A. Short Title. This section shall be known as the "land management system fee surcharge ordinance."

B. Purpose. This section establishes a fee surcharge that is to be applied to all other fees or charges under the authority of Title 15 and Chapter 3.44. The surcharge shall be utilized to support necessary software and hardware lease payments, communications and systems maintenance costs for the "land management system" or "LMS."

C. Authority. This section is authorized and enacted under the provisions of Government Code Section 66014 et seq.

D. Findings. In enacting this section, the City Council finds and determines:

1. The LMS is necessary for the accurate and efficient processing and accounting of property development related entitlements and permits, and fees or charges thereon, within the City;

2. The surcharge established in this section is a reasonable means of providing partial payment for the LMS;

3. The surcharge, in combination with all other fees and charges to which it is applied, does not exceed the estimated reasonable cost of providing the services for which the surcharge and fees are charged;

4. The surcharge is a proper element of the cost of providing services under the authority of Title 15 and Chapter 3.44, and those other ordinances, resolutions and rules mentioned therein, pursuant to Federal Office of Management and Budget Circular A-87.

E. Amount and Application of Surcharge. It is established that a surcharge in the amount of two percent ("surcharge") shall be applied and charged against each and every fee or charge due on and after the date that the ordinance codified in this article takes effect and collected under the authority of Title 15 as then in effect and as from time to time amended thereafter.

F. Accounting and Administration. The surcharge shall be computed and collected, or refunded when otherwise indicated, at the time that payment or refund of any fee or charge under authority of Title 15 is made to or by the City. The surcharge shall be deposited and maintained in a separate account established through the City Finance Department. An annual accounting of the amount of the surcharge collected and appropriated from year to year, and a report of the LMS payment progress and status to date, shall be made and presented to the City Council in concert with the City's annual budget. When the need for the surcharge has become materially changed or satisfied, the City Manager shall so notify the City Council and make its recommendation as to whether this section should be amended or repealed.

(Ord. 18 § 2, 2008, RCC § 4.68.190; Ord. 120 § 3, 2016)

A. Pursuant to Government Code Section 29550(c), any city whose officer or agent arrests a person is entitled to recover from the arrested person a criminal justice administration fee for administrative costs it incurs in conjunction with the arrest if the person is convicted of any criminal offense related to the arrest whether or not it is the offense for which the person was originally booked.

B. Pursuant to Government Code Section 29550.2, a person booked into jail pursuant to any arrest by a governmental entity not specified in Government Code Section 29550 or Government Code Section 29550.1 is subject to a criminal justice administration fee for administrative costs incurred in conjunction with the arresting and booking if that person is convicted of any minimal offense related to the arrest and booking.

C. The fee imposed pursuant to Government Code Section 29550(c) should not exceed the actual administrative costs, including applicable overhead costs incurred in the booking or otherwise processing arrested persons.

D. The fee imposed pursuant to Government Code Section 29550.2 should not exceed the actual administrative costs, as fined in Government Code Section 29550.2(c) including applicable overhead costs estimated by Federal Circular A-87 standards, incurred in booking or otherwise processing arrested persons.

E. If the person subject to the criminal justice administration fee pursuant to Government Code Section 29550(c) or Government Code Section 29550.2 has the ability to pay, a judgment of conviction shall contain an order for payment of the amount of the criminal justice administration fee by the convicted person, and execution may be issued on the order in the same manner as a judgment in a civil action, but the order shall not be enforceable by contempt further, the court shall, as a condition of probation, order the convicted person to reimburse the City for the criminal justice administration fee.

F. All fees collected by a city pursuant to Government Code Section 29550(c) or Government Code Section 29550.2 shall be deposited into a special fund in that city which shall be used exclusively for the operation, maintenance and construction of jail facilities.

G. Pursuant to Government Code Section 29550(c) and Government Code Section 29550.2, a criminal justice administration fee is imposed on any person booked into jail pursuant to any arrest as provided in this article in the amount of $110.40.

H. The amount of the fee set forth in subsection G of this section does not exceed the actual administrative costs, as defined in subdivision (c), of Government Code Section 29550.2, including applicable overhead costs as permitted by Federal Circular A-87 standards, incurred in the booking or other processing of arrested persons nor does it exceed the actual administrative costs, including applicable overhead costs incurred in booking or otherwise processing arrested persons.

I. The fee set forth in this section shall apply to all arrests of any person booked into jail pursuant to Government Code Section 29550(c) and/or an arrest by any governmental entity not specified in Government Code Section 29550 or Government Code Section 29550.1 resulting in booking at a jail on or after the effective date of the ordinance codified in this section.

J. It is the intent of the City Council to exercise its statutory authority to impose a criminal justice administration fee to the maximum extent possible. If any provision of this section or the application thereof to any person or circumstance may be held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provisions or applications and to this end the provisions of this section are severable.

(Ord. 18 § 2, 2008, RCC § 4.68.200)

A. Purpose. This section establishes fees for providing copies of public records and producing property characteristics information by the office of the assessor.

B. Authority. This section is enacted under the provisions of Government Code Section 54985 et seq., and the authority of Government Code Sections 6257 and 27561 and Revenue and Taxation Code Sections 162, 408.3, 409 and 649.

C. Fees. The fees established by this section are set out on the schedule attached to the ordinance codified in this section and identified as Appendix 1. Fees collected for providing property characteristics information pursuant to Revenue and Taxation Code Section 408.3 shall be deposited in a separate fund established for and to be used solely to support, maintain, improve and provide for the creation, retention, automation and retrieval of assessor information. All other fees collected pursuant to this section shall be deposited in the City General Fund.

D. Validation. All fees collected for providing copies of public records and producing property characteristics information prior to the adoption of the ordinance codified in this section are validated and confirmed, notwithstanding any defect, irregularity, omission, or ministerial error in the adoption or approval thereof.

(Ord. 18 § 2, 2008, RCC § 4.68.210)

A. Purpose. The purpose of this section is to establish a fee schedule to recover the actual charge, known as the "merchants charge," imposed by credit card companies on the City for the use of credit cards to pay real property taxes.

B. Authority. Pursuant to California Revenue and Taxation Code Section 2511.1(d), the City is required to impose a fee for the use of credit cards sufficient in amount to provide for the recovery of fees or discounts paid by the City.

C. The City authorizes the use of VISA, Master Card and Discover or Novus brand cards for the payment of real property taxes.

D. Fee Schedule. The City Treasurer will hereinafter collect as a fee the following percentage on each dollar amount charged by the taxpayer, for the use of the credit card specified:

Upon notice from the credit card company that the transaction fee has been reduced, the Treasurer shall collect the reduced amount for the use of the credit card specified.

(Ord. 18 § 2, 2008, RCC § 4.68.220)