HomeMy WebLinkAbout39541 Ordinance No. 3954
2 An Ordinance Amending Chapter 3 Fees of the Butte County Cade
3 The Board of Supervisors of the County of Butte ordains as follows:
4 Section. 1. Purpose. This proposed ordinance amends Section 3-41 in Chapter 3, Fees. It
5 adds language in Section 3-41 to allow a periodic cast escalator adjustment to fees contained in
6 the Department of Development Services Building Division Fee Schedule.
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s Section 2. Butte County Code Section 3-41 is amended to read as follows:
9 3-41 Building Division Fee Schedule
l0 {a} Building Permit Fees. A fee shall be paid far each permit in accordance with the latest
11 adopted Department of Development Services Building Division Fee Schedule.
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13 The determination of valuation for the purpose of establishing Strong Motion Instrumentation
14 Plan fees for new construction shall be made using the most recently adopted Building Valuation
15 Data Table, as published in "The Building Standards Magazine" published by the International
16 Conference of Building Officials, rounded off to the nearest dollar.
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18 To establish fees in mixed occupancy buildings, the County will determine the amount of square
19 footage occupied by each occupancy type and calculate the fees separately for each type of
20 occupancy.
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{b} Periodic adjustment to Building Division Fee Schedule. From time to time, the
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Development Services Director may submit documentation substantiating that there has been an
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increase in the cost of providing services and requesting an increase in the fees specified in the
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Building Division Fee Schedule authorized and levied pursuant to the provision of this article.
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The Board of Supervisors may increase these fees in an amount proportional to the increase in
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such casts. The determination of whether there has been an increase in the cost of providing
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services and the amount of the increase in the fees shall be made by the Board of Supervisors
based on one of the following, as applicable:
1) The net percentage increase in the Employment Cost Index (Not Seasonally Adjusted,
Total Compensation, State and Local Government, Index Number, All Workers - Series
ID = ECU10003I), as published by the United States Department of Labor, Bureau of
Labor Statistics between the date of such increase and the effective date of this section ox
any prior increase in the fee made pursuant to the provisions of this section.
The formula for adjusting the fee is: (New index amount/amount of index at time of
existing fee) x existing fee =new fee; or
2) When the fee being charged is established and mandated by another jurisdiction, such
as the state or federal government, the amount collected by the sCounty wi11 be
adjusted to reflect the adjustments made~ta the fee by the other jurisdiction.
(c) Investigation Fees. When any work for which a permit is required by the Butte county
Code is commenced prior to obtaining said permit, the investigation fee equal to sixty percent
(60%} of the amount of the permit fee shall be imposed, in addition to the payment of the permit
fee. The payment of this fee shall not relieve any person from full complying with the
requirements of the Butte County Code in the execution of the work, nor from other
investigations prescribed therein. The Building Official may waive this investigation provision
on written request by the applicantlpermittee showing that circumstances beyond the control of
the applicant/permitteebave prevented him or her from obtaining said permit. This investigation
provision shall not apply to emergency work when it shall be proved to the satisfaction of the
building official that such work was urgently necessary and that it was not practical to obtain a
permit therefore before the commencement of work. In all such cases, a permit must be obtained
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as soon as practical to do so, and if there be an unreasonable delay in obtaining such a permit,
investigation fee as herein provided shall be charged, in addition to the permit fee.
(d) Excavation and Grading Fees. Excavation and grading fees shall be as prescribed in Chapter
33 of the Appendix. of the California Building Code as adopted by the Butte County Code,
except the per hour chazges for additional plan checking and additional inspections shall be at the
rate established as the hourly billing in the Development Services Department Building Division
Fee Schedule with a minimum charge of one-half hour.
(e) Refund Policy. The Building Official shall not authorize the refunding of any fee paid except
upon written application filed by the person originally paying the fee. The Building Official
shall deduct all Building Division costs prior to authorizing any refund and shall charge fifty-
four dollars and ninety-nine cents {$54.99) ta-process the refund application. Refunds maybe
processes as follows:
(1) The Building Official may authorize the refunding of any fee paid which was
erroneously paid or collected. (Refund processing fee not required.}
(2} The Building Official may authorize the refunding of permit fees and the plan
checking fee when the application for a permit is withdrawn or, cancelled before
any plan checking is done.
(3) The Building Official may authorize the refunding of the permit fees paid prior to
the expiration of the permit providing no work has been done pursuant to the
permit.
(4) ~ The Building Official may authorize the refitnding of the permit fees paid prior
the expiration of the permit application, if the permit requested is not issued, but
not after two (2} years from the date of fee payment.
(S) The Building Official shall not authorize the refunding of any filing fees, nor any
plan checking fees, for work plan checked.
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Section 3. Authority. This ordinance is enacted pursuant to Government Code Sections
66017{a) and 66016(b), Article I, Section 1 of the Butte County Charter, and Article XI Section
7 of the California Constitution.
Section 4. Severability. If any provision of this Ordinance or the application thereof to any
person or circurr~stances is for any reason held to be invalid by a court of competent jurisdiction,
such provision shall be deemed severable, and the invalidity thereof shall not affect the
remaining provisions or other applications of the Ordinance r~vhich can be given effect without
the invalid provision or application thereof.
Section 5. Effective Date and Publication. This Ordinance shall take effect thirty {30) day
after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to
publish this ordinance before the expiration of fifteen (15) days after its passage. This Ordinanc
shall be published once, with the names of the members of the Board of Supervisors voting for
and against it, in the Chico Enterprise-Record , a newspaper of general circulation
published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 13th day of February ~ 2007 by the following vote
AYES: Supervisors Connelly, Kirk, Josiassen, Yamaguchi and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None _
J'an~Dolan, Chair of the
Butt County Board of Supervisors
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ATTEST:
PAUL McINTOSH,
Chief Adminisixative Officer
and
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