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HomeMy WebLinkAboutORD-20-07 Amending Various Sections Relating to Fees and ChargesORDINANCE NO. 20- 07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING AND REVISING VARlOUS SECTIONS OF THE ORANGE MUNICIPAL CODE RELATED TO FEES AND CHARGES.WHEREAS, the City Imposes various fees and charges upon persons for a variety of services; and WHEREAS, such fees and charges should be set at an amount that ensures that the person using the services pays the full cost thereof and is not subsidized by the general fund; and WHEREAS, the amount of such fees and charges shall be no higher than the estimated cost of providing the service; and WHEREAS, it is more efficient to establish fees and charges by resolution rather than by ordinance where permissible in order to avoid confusion and inconsistencies between fee amounts in ordinances versus resolutions, to cut down on the amount of staff time involved in generating ordinances, and to preclude the necessity of changing the Orange Municipal Code each time a new fee is adopted.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS:SECTION I:Orange Municipal Code Section 2.80.020 entitled Reinspection Fee shall be amended to provides as follows:Each person who has received a notice of violation or citation for violation of any of the applicable provisions of this Code and who has failed or refuses to comply with the applicable section(s) of this Code within the time and manner specified in such notice of violation or citation, shall pay a reinspection fee for each inspection conducted by a City inspector when the inspector determines that the non-compliance still exists. Such fee shall not exceed the estimated cost of the reinspection and shall be in an amount as set forth by resolution of the City Council. Any fees imposed under this section shall be in addition to any fines, fees or other penalties that may SECTION II: Orange Municipal Code Section 17.08.070 entitled Fees shall be amended to read as follows: A filing fee, as determined by City Council resolution, shall accompany any application or pre-application staff committee review, for any action taken under the provisions of this title. Any application or pre-application review by the City or any agents or representatives acting on its behalf, shall be exempted from this requirement.Such fee shall not exceed the estimated cost of providing the pre-application review.SECTION III:Orange Municipal Code Section 17.30.030 entitled Alcoholic-Beverage Controls shall be amended to adda new subsection 17.30.030G to read as follows:G. Fee required. All applications for a new or renewed permit for the sale of alcoholic beverages shall be accompanied by a fee set by resolution of the City Council to cover the City costs in performing the background research for the permit. Such fee shall not exceed the estimated cost of performing the background research.SECTION IV:Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section,subsection, sentence, clause, and phrase hereof would have been prepared, proposed,approved, and ratified irrespective of the fact that anyone or more sections, subsections,sentences, clauses, or phrases be declared invalid or unconstitutional. This Ordinance shall be prospective in application from its effective date.SECTION V:A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen ( 15) days after this Ordinance's passage in a newspaper of general circulation, published and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days from and after the date ADOPTED this 8th day of January, 2008. ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 11 th day of December, 2007, and thereafter at the regular meeting of said City Council duly held on the 8th day of January, 2008, was duly passed and adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Smith, Murphy, Cavecche, Dumitru, Bilodeau None None None Mary E.