§ 13-268. Fee required

(a) Applicability. A building permit applicant, as a condition of issuance of a building permit, shall pay a fee as hereinafter established to defray the cost of constructing bridges over waterways, railways, freeways and canyons or constructing major thoroughfares.

(1) The provisions for payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in the city's or county's general plan adopted at least thirty (30) days prior to the application for a building permit and is on land located within the boundaries of the area of benefit.

(2) Payment of fees shall not be required unless any major thoroughfares are in addition to, or a widening or reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.

(3) Payment of fees shall not be required unless any planned bridge facility is a new bridge serving the area or an addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of the benefit.

(b) Area of benefit established. Action to establish an area of benefit may be initiated by the city council upon its own motion or upon the recommendation of the public services director. The city council shall set a public hearing for each proposed area benefitted. Notice of the time and place of the hearing including preliminary information related to the boundaries of the area of benefit, estimated costs and the method of fee apportionment shall be given in the following manner:

(1) Notices shall be given at least ten (10) calendar days before the hearing by the following:

a. Notice published at least once in a newspaper of general circulation within the proposed area of benefit.

b. Notices posted throughout the proposed area of benefit with at least three (3) notices posted at arterial highway intersections within the proposed area of benefit.

c. Notices sent by first-class mail addressed to each property owner within the boundary of the proposed area of benefit.

d. Notices sent by first-class mail addressed to all municipal advisory committees and known homeowners' associations within the boundary of the proposed area of benefit.

e. Notice by first-class mail to any person who has filed a written request with the public services director. The request shall apply for the calendar year in which it is filed.

(2) At the public hearing, the city council will consider the testimony, written protests and other evidence. At the conclusion of the public hearing, the city council may, unless a majority written protest is filed and not withdrawn as specified in subsection (2)b below, determine to establish an area of benefit. If established, the city council shall adopt a resolution describing the boundaries of the area of benefit, setting forth cost, whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded by the city clerk with the county recorder.

a. The apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of issuing a building permit for the property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the city council shall make provisions for payment of the share of improvement cost apportioned to such lands from other sources.

b. Written protests shall be received by the city clerk at any time prior to the close of the public hearing. If written protests are filed by the owners of more than one-half of the area of the property to be benefitted by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented by the protests to less than one-half of the area to be benefitted, then the proposed proceedings shall be abandoned, and the city council shall not, for one (1) year from the filing of the written protests, commence or carry on any proceedings for the same improvement under the provisions of this section. Any protests may be withdrawn by the owner making, the same in writing, at any time prior to the close of the public meeting.

c. If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one (1) year, but the city council shall not be barred from commencing new proceedings not including any part of the improvement so protested against. The proceedings shall be commenced by a new notice and public hearing as set forth in this subsection.

d. Nothing in this section shall prohibit the city council, within such one-year period, from commencing and carrying on new proceedings for the construction of an improvement or portion of the improvements so protected against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefitted are in favor of going forward with such improvement or portion thereof.

(c) Planned bridge facility or major thoroughfare fund.

(1) Fees paid pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the area of benefit is one in which more than one (1) bridge or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects or major thoroughfares in the area of benefit. If the area of benefit encompasses one (1) or more bridges and one or more thoroughfares and all lands within the area of benefit are subject to the same proportionate fee for all bridges and thoroughfares, a single fund may be established to account for fees paid. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the improvements serving the area to be benefitted and from which the fees comprising the fund were collected, or to reimburse the city for the costs of constructing the improvement.

a. The city council may approve the acceptance of consideration in lieu of the payment of fees established herein.

(2) The city council may approve the advancement of money from the general fund or road fund to pay the costs of constructing the improvements covered herein and may reimburse the general fund or road fund for the advances from planned bridge facility or major thoroughfare funds established pursuant to this section.

(3) If the building permit applicant, as a condition of the issuance of the building permit, is required or desires to construct a bridge or major thoroughfare, the city council may enter into a reimbursement agreement with the applicant. The agreement may provide for payments to the applicant from the bridge facility or major thoroughfare fund covering that specific project to reimburse the applicant for costs not allocated to the applicant's property in the resolution establishing the area of benefit. If the bridge or major thoroughfare fund covers more than one project, reimbursements shall be made on a pro rata basis reflecting the actual or estimated costs of the projects covered by the fund.

(Ord. No. 97-11, § 2, 5-5-97)