Chapter 2.36 FEES AND SERVICE CHARGES

The city council of the city of Highland, California, finds as follows:

"Costs reasonably borne," as used and ordered to be applied by this chapter, are to consist of the following elements:

Pursuant to California Government Code Sections 66016 and 66018, or other applicable statutory requirement, the city clerk shall cause notice to be provided as set out in Government Code Sections 66016, 66018 and 6062a, and the city council periodically, at least bi-annually, shall receive at a regularly scheduled meeting oral and written presentations concerning fees and charges proposed to be increased or added. Such notice, oral and written presentation and public meeting shall be provided prior to the city council taking any action on any new or increased fees or charges. At least one such public hearing shall be held bi-annually, in conjunction with the city bi-annual budget process and hearing.

Pursuant to the California Government Code, at least 10 days prior to the required public hearing set out herein, the city manager shall make available to the public appropriate data indicating the cost, or estimated cost, required to support the fees and charges for which changes are proposed to be made or fees or charges imposed. The city manager also shall provide a summary of the present fee and charge schedules and those proposed at such bi-annual public hearing. A general explanation of such changes also shall be published per the requirements of Government Code Section 6062a.

The following sections of the San Bernardino County Code, as adopted by the city of Highland, are hereby repealed in their entirety:

The following ordinances of the city of Highland are hereby repealed or amended:

Ordinance 30 repealed in its entirety;

Ordinance 41 repealed in its entirety;

Ordinance 55 repealed in its entirety;

Ordinance 56, Section 8 shall be amended as follows:

Section 8 – Fees Set by Resolution. Every person required to obtain a home occupation permit from the city of Highland shall pay a permit fee as prescribed by resolution;

Ordinance 92 repealed in its entirety;

Ordinance 95 repealed in its entirety;

Ordinance 117 repealed in its entirety;

Ordinance 122 repealed in its entirety;

Ordinance 133 repealed in its entirety;

Ordinance 146 repealed in its entirety;

Ordinance 160 repealed in its entirety;

Ordinance 167 repealed in its entirety;

Ordinance 185 repealed in its entirety;

Ordinance 201 repealed in its entirety;

Ordinance 206 repealed in its entirety;

Ordinance 218 repealed in its entirety;

Ordinance 241 repealed in its entirety;

Ordinance 261 repealed in its entirety.

The city council shall, by council resolution, set forth its policy for refund of fees and charges collected pursuant to this chapter. These policies may be reviewed from time to time and may be revised periodically by council resolution with this chapter being considered as enabling and directive.

Any person who feels that any fee or charge determined and set by the city manager or department head pursuant to the authority granted herein is in excess of the percentage of costs reasonably borne to be recovered as set out in HMC § 2.36.040, or that such fee or charge has been reviewed prior to or has not been reviewed within the review schedule as set out in HMC § 2.36.040, may appeal in writing to the city council. Such written appeal must be made with the city clerk within 10 business days of the imposition or determination of the fee being appealed. The appeal shall be placed on the agenda of the next regularly scheduled meeting of the city council following time required for legal advertising. Pending determination on the appeal, no work will proceed on the project until a determination has been made by the city council on the merits of the appeal, unless the disputed amount is first posted with the city. All amounts so paid under protest will be refunded to a successful appellant. All fees or charges confirmed on appeal shall take effect immediately upon hearing by the city council.

Any person who fails to purchase a building permit as required by city ordinances shall pay double the permit fee pursuant to the following:

2010 California Building Code, Volume 1, Section 109.4;

2010 California Plumbing Code, Section 103.4.4;

2010 California Mechanical Code, Section 115.5.