HomeMy WebLinkAbout4001Ordinance Na, 4001
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An Ordinance Amending Chapter 2 Administration; Chapter 3 Fees; Chapter 4 Animals;
Chapter 11 Junk Dealers, Pawnbrokers and Secondhand Dealers; Chapter 23-C
Registration Requirements for Commercial Weighing and Measuring Instruments;
Chapter 36 Incarceration; Chapter 40 Alarm Systems and Chapter 43 Public Health
Department Fees of the Butte County Codc
The Board of Supervisors of the County of Butte ordains as follows:
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Section 1. Purpose. This proposed ordinance amends numerous sections in Chapter 2,
Administration, Chapter 3, Fees, Chapter 4, Animals, Chapter 11, Junk Dealers, Pawnbrokers
and Secondhand Dealers, Chapter 23-C, Registration Requirements, Chapter 3b, incarceration,
Chapter 40, Alarm Systems, and Chapter 43, Public Health Department Fees, of the Butte
County Code to remove the existing fee tables and replace them with a reference to a new Butte
County Master Fee Schedule to be adopted by Resolution.
Section 2. Butte County Code Chapter 2, Article 1, Section 2-11.3 is amended to read as
follows:
2-11.3 County clerk-recorder fees.
The Butte County Clerk-Recorder is authorized to charge, in addition to any other fees required
by the County of Butte or the State of California, fees for services as adapted by Resolution of
the Board of Supervisors as part of the Butte County Master Fee Schedule.
Section 3. Butte County Code Section 2-11.4 is amended to read as follows:
2-11.4 County' clerk-registrar of voter fees.
The Butte County Clerk-Registrar of Voters is authorized to charge, in addition to any other fees
required by the County of Butte or the State of California, fees for services as adopted by
Resolution of the Board of Supervisors as part of the Butte County Master Fee Schedule.
Section 4. Butte County Code Section 3-1 is amended to read as follows:
3-1 Sheriff s fees.
The Butte County Sheriff is authorized to charge, in addition to any other fees required
by the County of Butte or the State of California, fees for services as adopted by Resolution of
the Board of Supervisors as part of the Butte County Master Fee Schedule.
These fees aze subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cast Index {ECI) for State and Local Government.
Section S. Butte County Code Section 3-2 is amended to read as follows:
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3-2 Periodic adjustment to sheriff s fees.
From time to time, the Sheriff may submit documentation substantiating that there has been an
increase in the cost of providing services and requesting an increase in the fees specified in the
Butte County Master Fee Schedule. The Board of Supervisors may increase these fees in an
amount proportional to the increase in such costs. The determination of whether there has been
an increase in the cost of providing services and the amount of the increase in the fees shall be
made by the Board of Supervisors based on one {1) of the following, as applicable:
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(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 or 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 county will be adjusted to reflect the
adjustments made to the fee by the other jurisdiction.
Section 6. Butte County Code Section 3-32 is amended to read as follows:
3-32 Treasurer-Tax Collector fees.
The Butte County Treasurer-Tax Collector is authorized to charge, in addition to any
other fees required by the County of Butte or the State of California, fees for services as adopted
by Resolution of the Board of Supervisors as part of the Butte County Master Fee Schedule.
These fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Index (ECI} for State and Local Government.
Section 7. Butte County Code Section 3-33 is amended to read as follows:
3-33 Periodic adjustment to treasurer-tax collector fees.
From time to time, the Treasurer-Tax Collector may submit documentation substantiating that
there has been an increase in the cost of providing services and requesting an increase in the fees
specifed in the Butte County Master Fee Schedule. The Board of Supervisors may increase these
fees in an amount proportional to the increase in such costs. The determination of whether there
has been an increase in the cost of providing services and the amount of the increase in the fees
shall be made by the Board of Supervisors based on one (1) of the following, as applicable:
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{1) The net percentage increase in the Employment Cost Index (Not Seasonally Adjusted, Total
Compensation, State and Local Government, Index Number, All Warkers~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 or 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 county will be adjusted to reflect the
adjustments made to the fee by the other jurisdiction.
Section S. Butte County Code Section 3-41 is arraended to read as follows:
3-41 Building division fee schedute.
(a) Building Permit Fees. A fee shall be paid far each permit in accordance with the latest
adopted Butte County Master Fee Schedule .The determination of valuation for the
purpose of establishing Strong Motion Instrumentation Plan fees for new construction
shall be made using the mast recently adopted Building Valuation Data Table, as
published in "The Building Standards Magazine" published by the International
Conference of Building Officials, rounded off to the nearest dollar.
To establish fees in mixed occupancy buildings, the County will determine the amount of
square footage occupied by each occupancy type and calculate the fees separately for
each type of occupancy.
(b) Periodic Adjustment to Building Division Fee Schedule. From time to time, the
Development Services Director may submit documentation substantiating that there has
been an increase in the cost of providing services and requesting an increase in the fees
specified in the Building Division Fee Schedule authorized and levied pursuant to the
provision of this article. The Board of Supervisors may increase these fees in an amount
proportional to the increase in such costs. The determination of whether there has been a
increase in the cost of providing services and the amount of the increase in the fees shall
be made by the Board of Supervisors based on one {1} ofthe 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 or 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
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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 County will be
adjusted to reflect the adjustments made to 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
fully complying with the requirements of the Butte County Cade 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 applicant/permittee showing that
circumstances beyond the control of the applicant/permittee have 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 as soon as
practical to da so, and if there be an unreasonable delay in obtaining such a pernut, the
investigation fee as herein provided shall be charged, in addition to the permit fee.
d) 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 Development Services Department costs prior to
authorizing any refund and shall charge one (1) hour at the building division standard
hourly rate to process the refund application and recover costs related to application, file
set-up, and f le archiving fees. Refunds may be processed 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 far 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 na work has been done pursuant to the permit.
(4) The Building Official may authorize the refunding of the permit fees paid prior to the
expiration of the permit application, if the permit requested is not issued, but not after
one hundred eighty (1 SO) days from the date of fee payment.
{5} The Building Official shall not authorize the refunding of any filing fees, nor any plan
checking fees, for work plan checked.
(e} The Director of Development Services shall require any unpaid balance of fees due the
Department of Development Services on current applications or prior applications be
current and/or paid in full prior to permit issuance or finalization.
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Section 9. Butte County Code Section 3-43 is amended to read as follows:
3-43 Planning Division fee schedule.
Planning Division fees shall be as adopted by Resolution of the Board of Supervisors as part
the Butte County Master Fee Schedule.
*If any portion of a project is billed at the hourly rate, all project-related tasks will be billed at
the hourly rate, instead of flat fees far some portions and hourly rates for others.
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These fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Index (ECI) for State and Local Government.
Section 10. Butte County Code Section 3-44 is amended to read as follows:
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3-44 Hourly fees; deposits; billing procedures.
(a) Hourly fees for all personnel within the Planning Division of the Department of
Development Services are adopted by Resolution of the Board of Supervisors as part of the
County Master Fee Schedule.
The fees in the Planning Division are subject to periodic adjustment based on the United States
Department of Labor, Bureau of Labor Statistics Employment Cost Index (ECI) far State and
Local Government.
(b) For applications that are charged hourly fees, the applicant shall deposit with Butte
County the sum set forth for each application. Concurrent applications require the applicant to
deposit the sum of all matters being concurrently processed.
(c) When the initial deposited funds are depleted to an amount equal to twenty-f ve percent
(25%) of the original deposit, no additional processing of the application will occur until the
applicant deposits with Butte County sufficient funds to restore a balance equal to the amount of
the initial deposit, unless a lesser amount is approved by the Director of Development Services oz
hislher designee. In the event the applicant does not provide sufficient funds to continue
processing an application, the application will be denied.
(d) Funds shall be maintained in a separate budget control account.
(e) After final action of the appropriate legislative body, any funds remaining in the account
shall be returned to the applicant.
(f) Applications requiring Iegal notification will be required to deposit an additional fee for
estimated publishing costs, as prescribed. If the actual costs for County employees' time and
publishing are less than the amount deposited, the remaining amount of the money shall be
returned. If the costs are greater than the estimate, the applicant shall pay the additional amount.
In the event that payment is not received for the additional amounts, the Department of
Development Services will notify Central Collections.
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Section l l.. Butte County Code Section 3-~5 is amended to read as follows:
3-45 Periodic adjustment to planning division fees.
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From time to time, the Director of Development Services may submit documentation
substantiating that there has been an increase in the cost of providing services and requesting an
increase in the fees specified in the Butte County Master Fee Schedule The board of supervisors
may increase these fees in an amount proportional to the increase in such costs. The
determination of whether there has been an increase in the cost of providing services and the
amount of the increase in the fees shall be made by the Board of Supervisors based on one {1} 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 or any prior increase in
the fee made pursuant to the provisions of this section.
The formula for adjusting the fee is: {New index amountlamount 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 county will be adjusted to reflect the
adjustments made to the fee by the other jurisdiction.
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Section 12. Butte County Code Section 3-51 is amended to read as follows:
3-51 Fire Department fee schedule--Fire Protection Planning.
Fire department fees for Fixe Protection Planning shall be asadopted by Resolution of the Board
of Supervisors as part of the Butte County Master Fee Schedule.
These fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Index {ECI) for State and Local Government.
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Section f 3. Butte County Code Section 3-52 is amended to read as follows:
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3-52 Fire Department Fee Schedule-California Fire Code and special permits
Fire department fees for Fire Code and Special Permits shall be as adopted by Resolution of the
Board of Supervisors as part of the Butte County Master Fee Schedule.
These fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Index (ECI) for State and Local Government.
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* Investigation Fees. The payment of this fee shall not relieve any person from fully complying
with the requirements of the Butte County Code in the execution of the work, nor from other
investigations prescribed therein. The fire chief may waive this investigatian provision on
written request by the applicantlpermittee showing that circumstances beyond the control of the
applicantlpermittee have prevented him/her from obtaining said permit. This investigation
provision shall not apply to emergency work when it shall be proved to the satisfaction of the fig
chief 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 as soc
as it is practical to do so, and if there be an unreasonable delay in obtaining such a permit, the
investigatian fee as herein provided shall be charged, in addition to the permit fee.
Section ] 4. Butte County Code Section 3-53 is amended to read as follows:
3-53 Fire Department Fee Schedule-Emergency Response
Fire department fees for Emergency Response shall be as adopted by Resolution of the Board
Supervisors as part of the Butte County Master Fee Schedule.
These fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Index (ECI} for State and Local Government.
Section 15. Butte County Code Section 3-54 is amended to read as follows:
3-54 Fire Department Fee Schedule-Non-Emergency Response
Fire department fees for Non-Emergency Response shall be as adopted by Resolution of the
Board of Supervisors as part of the Butte County Master Fee Schedule.
These rates are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Index (ECI} for State and Local Government.
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Section 16. Butte County Code Section 3-55 is added to read as follows:
3-55 Hourly Rates
Hourly fees for all personnel within the Fire Department are set as adopted by Resolution of the
Board of Supervisors as part of the Butte County Master Fee Schedule.
These fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Index (ECI) for State and Local Government.
Section 17. Butte County Code Section 3-56 is amended to read as follows:
3-56 Periodic adjustment to fire department fees.
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From time to time, the Fire Chief may submit documentation substantiating that there has been
an increase in the cost of providing services and requesting an increase in the fees specified in
the Butte County Master Fee Schedule. The board of supervisors may increase these fees in an
amount proportional to the increase in such costs. The determination of whether there has been
an increase in the cast of providing services and the amount of the increase in the fees shall be
made by the Board of Supervisors based on one (1} 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 or 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 county will be adjusted to reflect the
adjustments made to the fee by the other jurisdiction.
Section 18. Butte County Code Section 3-61 is amended to read as follows:
3-61 Schedule of fees.
Agricultural Commissioner Fees shall be as adopted by Resolution of the Board of Supervisors
as part of the Butte County Master Fee Schedule.
These fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cast Index (ECI) for State and Local Government.
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Section 1.9. Butte County Code Section 3-62 is amended to read as follows:
3-62 Periodic adjustment to agricultural commissioner fees.
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From time to time, the Agricultural Commissioner may submit documentation substantiating that
thew has been an increase in the cost of providing services and requesting an increase in the fees
specif ed in the Butte County Master Fee Schedule. The Board of Supervisors may increase these
fees in an amount proportional to the increase in such costs. The detezmination of whether there
has been an increase in the cost of providing services and the amount of the increase in the fees
shall be made by the Board of Supervisors based on one (1} 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 =
ECUl04D3I}, as published by the United States Department of Labor, Bureau of Laboz Statistics
between the date of such increase and the effective date of this section or any prioz inczease 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 ar federal government, the amount collected by the county will be adjusted to reflect the
adjustments made to the fee by the other jurisdiction.
Section 20. Butte County Code Section 3-70 is amended to read as follows:
3-70 Payment of fee required; annual review of fees.
(a) Gate fees charged at the Neal Road Sanitary Landfill shall be paid by any person disposing of
waste at the Neal Road Sanitary Landfill. In na event will waste be disposed of at the Neal Road
Sanitary Landfill unless the applicable fees are paid in full.
(b} Each fiscal yeaz, the Director of Public Works Department shall conduct a cost analysis study
concerning whether Solid Waste Enterprise Fund revenue is sufficient to meet operating
requirements pursuant to the Solid Waste and Recycling Element of the General Plan and the
County-wide Integrated Waste Management Plan and report the zesults to the Board of
Supervisors. After considering the results of said study, the Board of Supervisors shall establish
gate fees charged at the Neal Road Sanitary Landfill by Resolution which correspond to the costs
identif ed in said study. Said gate fees shall be maintained in the Butte County Master Fee
Schedule.
Section 21. Butte County Code Section 3-7X is deleted in its entirety:
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Section 22. Butte County Code Section 3-72 is amended to read as follows:
3-72 Established.
There is hereby established a fee for the administration of Butte County's court work referral
program under Penal Code section 1205.3. This Fee shall be as adjusted by Resolution of the
Boazd of Supervisors as part of the Butte County Master Fee Schedule.
This fee shall be based upon the offender's ability to pay. Inability to pay shall not preclude
participation in the court work referral program.
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Section 23. Butte County Code Section 3-$1 is amended to read as follows.
3-$f Land development division fee schedule.
Land Development Division fees shall be as adopted by Resolution of the Board of
as part of the Butte County Master Fee Schedule.
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These fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Index (ECI) far State and Local Government.
Section 24. Butte County Code Section 3-82 is amended to read as follows:
3-82 Hourly Fees; Deposits
(a) Hourly fees for all personnel within the Land Development Division of the Public
Works Department as adapted by Resolution of the Board of Supervisors as part of
the Butte County Master Fee Schedule.
This rate is subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Index {ECI) for State and Local Government.
(b) The applicant shall deposit with Butte County the sum set forth in this article for each
application ar request far service, up to a maximum of three thousand dollars ($3,000.40} for
concurrent applications, with the exception of subdivision and site improvement construction
inspection, which requires a three percent (3%) deposit of estimated construction casts, and
assessment district construction inspection, which requires a six percent (5%) deposit of
estimated construction costs.
(c) When the initial deposited funds are depleted to an amount equal to twenty-five percent
(25%) of the original deposit, no additional processing of the application will occur until the
applicant deposits with Butte County sufficient funds to restore a balance equal to the amount of
the original deposit, unless a lesser amount is approved by the Director of Public Works or his
designee, or except for additional deposits far subdivision and site improvement inspections, or
for assessment district construction inspections, which shall be one third {113) of the original
deposit. In the event the applicant does not provide sufficient funds to continue processing an
application, the application will be denied.
(d) Funds shall be maintained in a separate budget control account.
(e) After final administrative or legislative action, any funds remaining in the account shall
be returned to the application.
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Section 2S. Butte County Code Section 3-83 is amended to read as follows:
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3-83 Periodic adjustment to land development division fees.
Fram time to time, the Director of Public Works may submit documentation substantiating that
there has been an increase in the cost of providing services and requesting an increase in the fees
specified in the Butte County Master Fee Schedule. The board of supervisors may increase these
fees in an amount proportional to the increase in such costs. The determination of whether there
has been an increase in the cost of providing services and the amount of the increase in the fees
shall be made by the Board of Supervisors based on one (l) 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 =
ECUi00031}, 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 or 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; ar
(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 county will be adjusted to reflect the
adjustments made to the fee by the other jurisdiction.
Section 2G. Butte County Code Section 3-110 is amended to read as follows:
3-110 Fees for electronic monitoring program.
Fees are hereby established fox the administration of the electronic monitoring program by the
Butte County Probation Department as an alternative form of detention for youth subject to the
jurisdiction of the juvenile court pursuant to the provisions of Welfare and Institutions Code
section 602. Fees for this program shall be as adjusted by Resolution of the Board of
Supervisors as part of the Butte County Master Fee Schedule.
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Section 27. Butte County Code Section ~-~4 Animal Fees is amended to read as follows:
~-~ Fees; late registration.
(a) The fee for kennel licenses shall be asadopted by Resolution of the Board of
Supervisors as part of the Butte County Master Fee Schedule.
In the event a kennel license is not obtained during the applicable period specified in
section 4-3 above, there shall be a late fee of two hundred dollars ($200.00) in addition to
the applicable kennel license fee.
(b) Dags maintained in a kennel licensed pursuant to the provisions of this chapter are not
subject to the license fees specified in subsection (d) below.
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{c) All dogs maintained in the kennel shall be vaccinated against rabies in compliance
California law and shall wear a collar and a tag provided at the expense of the kennel
owner or operator. Such tag shall identify the kennel owner and the applicable Butte
County kennel license number.
{d} Dog license fees shall be as adopted by Resolution of the Board of Supervisors as part
of the Butte County Master Fee Schedule.
Section 28. Butte County Code Section 4-11 is amended to read as follows:
4-11 Fees for impoundment, boarding and transport.
The public health department shall charge and collect fees from animal owners for the
redemption of impounded animals as adopted by Resolution of the Board of Supervisors
as part of the Butte County Master Fee Schedule.
Section 29. Butte County Code Section 11-1Z is amended to read as follows:
11-12 Fees
Fees for various licenses shall be as adopted by Resolution of the Board of Supervisors as part
the Butte County Master Fee Schedule.
These fees are subject to periodic adjustment based on the United States Department of Labor;
Bureau of Labor Statistics Employment Cost Index (ECI} for State and Local Government.
Section 30. Butte County Code Section 23C-5 is amended to read as follows:
23C-5 Annual fee.
An annual registration fee shall be charged for all weighing and measuring instruments
requiring a registration certif cate as provided for herein. Far purposes of this section, the annual
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registration fee far a business that uses a commercial weighing or measuring device or devices
shall consist of a business location fee and a device fee. The annual registration fee shall be the
"not to exceed" fee as specified in the California Business and Professions Code section
12240(f)(3) and subsections (g) to (n), inclusive, effective January 1, 2008. Fee calculation
tables provided by the State of California are available from the Butte County Agricultural
Commissioner and on the website at www.buttecounty.net/agcommissioner. The County
chooses to grant an exception to the California Business and Professions Code section 12240{f)
and (n) to Certified Farmers Market scales/devices, not to exceed three (3} scales/devices, that
are delivered to the Weights and Measures Office for testing. For the purposes of this section,
the fee for such scalesldevices shall be as adopted by Resolution of the Board of Supervisors as
part of the Butte County Master Fee Schedule:
a} Only upon the written request of any person, firm or corporation, the sealer shall calibrate,
test, weigh, measure, and certify to the accuracy af, non-commercial weights and
measures and weighing and measuring devices, and instruments, tools, and accessories
connected therewith. The sealer shall charge and collect the fees to cover the cost of such
service as adopted by Resolution of the Board of Supervisors as part of the Butte County
Master Fee Schedule.
All fees in this subsection are determined by the State of California.
Section 31. Sutte County Code Section 36-12 is amended to read as follows:
36-12 Cost.
Fees in the Probation Department shall be as adopted by Resolution of the Board of Supervisors
as part of the Butte County Master Fee Schedule.
These fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cast Index (ECI) for State and Local Government .
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Section 32. Bette County Code Section 36-40 is amended to read as follows:
36-40 Generally.
Fees for the administration of Butte County's home detention program shall be as
adopted by Resolution of the Board of Supervisors as part of the Butte County Master Fee
Schedule. Fees are adopted pursuant to Penal Code Section 1206.016.
These fees shall be based upon the offender's ability to pay. Inability to pay shall not preclude
participation in the home detention program.
These fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Index (ECI) fox State and Local Government
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Section 33. Butte County Code Section 36-50 is amended to read as follows:
36-50 Generally.
Fees for the administration of Butte County`s work alternative program shall be adopted
by Resolution of the Board of Supervisors as part of the Butte County Master Fee Schedule.:Fee
are adopted pursuant to Penal Code Section 4024.2(e).
These fees shall be based upon the offender's ability to pay. Inability to pay shall not preclude
participation in the work alternative program.
These fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Index (ECI} for State and Local Government.
Section 34. Butte County Code Section 40-4 is amended to read as follows:
40-4 Alarm System Permit.
{a} Permit Required.
{1}Except as otherwise provided hereafter, on or after January 1, 198$, it shall be unlawful for
any person to install, connect, operate or cause to be installed, connected or aperated, an alarm
system in Butte County without first obtaining a valid alarm system permit.
(2) Persons in possession of property which an alarm system is intended to protect shall be
responsible for securing the alarm system permit, and said permit shall be issued only to the
person who is in possession of the property which the alarm system is intended to protect. An
alarm company which installs andlor connects an alarm system on a site other than the alarm
company's own place of business shall not be in violation of this section, notwithstanding at the
tune of such installation andlor connection, no alarm system permit has been secured for the
alarm system installed or connected.
(3) Except as provided hereafter, an alarm system permit shall be issued to such person named in
subsection (a}(2) of this section only if, at the time the permit is applied for, the alarm system
operated or maintained or to be operated or maintained by such person has an automatic shutoff
or reset feature which deactivates the alarm within thirty (30} minutes after it is first activated
and which has an auxiliary power system capable of operating the system for at least four (4}
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hours in the event of the interruption or failure of utility power. Notwithstanding the foregoing, a
permittee who maintains or operates an alarm system without an automatic shutoff or reset
feature shall be subject to the provisions of section 40-10{~.
{4} The sheriff shall issue the alarm system permit not later than forty-five (45) days following
the date of application, unless the alarm system does not comply with the specifications
contained in this chapter, the applicant has failed to pay the required fee or the application
contains misrepresentation of fact.
(S) In the event the sheriff denies a permit to an applicant for any of the reasons set forth in
subsection (a){4} of this section, the applicant shall have the right to a hearing concerning the
denial pursuant to section 40-7.
(b) Application far Permit.
(1) Applications for alarm system permits shall be filed with the sheriff on such forms as the
sheriff may prescribe.
(2) An applicant may apply for a single permit for multiple alarm sites on the same parcel or for
separate permits for each alarm site. If an applicant chooses to apply for a separate permit for
each alarm site, a separate application and permit fee shall be filed for each permit.
(c) Required information.
(1) Each alarm system permit application shall contain the following information:
a. Name, address and telephone number of the person who will be the permit holder and of the
person responsible for the proper maintenance and operation of the alarm system and payment
fees/penalties assessed under this chapter;
b. Classification of the alarm site as either residential or commercial;
c. Purpose of the alarm system, i.e., burglary, robbery, panic;
d. Name, address and telephone number of the person(s) who will respond or will cause a
response to the alarm site when notified of an alarm situation;
e. System description of the automatic shutoff or reset feature of the alarm system which will
deactivate the audible portion of the alarm system within thirty (30) minutes after it is first
activated;
f System description of the auxiliary power supply of the alarm system which will sustain the
alarm system for at least four (4) hours in the event of an interruption or failure of the utility
power;
g. Other information as may be reasonably required by the sheriff.
(d) Information Changes. A permit holder shall inform the sheriff of any change that alters any
information listed on the permit application within ten (10) days after such change.
(e) Permit Fee.
(1) Every application for an alarm system permit shall be accompanied by a nonrefundable fee in
an amount specified in the Butte County Master Fee Schedule .This fee is imposed for the
purpose of defraying the cost of processing and overseeing the permit process. The fee is subject
to periodic adjustment based an the United States Department of Lobar, Bureau of Labor
Statistics Employment Cost Index (ECI) for State and Local Government.
(2) Every applicant shall be given a receipt for the aforesaid permit fee at the time such fee is
paid and the application is approved. Persons exempt from payment of fees shall be issued a
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receipt as if a fee has been paid. The receipt shall serve as a temporary alarm system permit for a
period not to exceed forty~five {45} days from the date on which the fee was paid, and shall be of
no force or effect after the forty-five (45) day period expires, or after the alarm system permit is
issued, whichever event occurs first.
{3) Permit fees are for three (3} year duration unless:
a. The permit user moves to a different address; or
b. The permit is revoked.
In either case, the unused portion of the fee shall be forfeited.
{4) Persons exempt from permit fees include:
a. Persons pursuant to Government Code section b103; and
b. Residential alarm users over the age of sixty-five (6~}who are the primary resident of the
residence and if no business is conducted at the residence.
{f) Transferability. An alarm system permit shall not be transferred to another person. Tf the
person in possession of an alarm site protected by an alarm system changes, the new possessor
shall obtain a new permit. When a new permit for a new possessor of an alarm site is obtained,
the previous alarm history far that alarm site shall be erased and the new permittee shall start
from zero (0) false alarms.
Section 35. Butte Cau~€ty Code Section 40-5 is amended to read as follows:
40-5 Service Fees.
{a) Required. Any person who maintains or has an alarm system which signals a false alarm (any
signal by an alarm system which causes a police response when an emergency situation does not
exist) shall pay a service fee to the County of Butte as adopted by Resolution of the Board of
Supervisors as part of the Butte County Master Fee Schedule.
These Fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Index (ECl) for State and Local Government for
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Section 36. Butte County Code Section 43-5 is added to read as follor~vs:
43-5 Food Establishment Fees
Public Health Deparnnent fees for Food Establishments shall be as adopted by Resolution of the
Board of Supervisors as part of the Butte County Master Fee Schedule.
These fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employrr~ent Cost Index (ECI) for State and Local Government.
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Section 37. Butte County Code Section 43-6 is added to read as follows:
43-6 Certified Unified Program (CUPA) Fees
Public Health Department fees for Certif ed Unified Program (CUPA) sezvices shall be as
adopted by Resolution of the Board of Supervisors as part of the Butte County Master Fee
Schedule.:
These Fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Index (ECI) for State and Local Government.
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Section 38, Butte County Code Section 43-7 is added to read as follows:
43-7 Land Use Fees
Public Health Department fees far Land Use shall be as adopted by Resolution of the Board of
Supervisors as part of the Butte County Master Fee Schedule.
These Fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employrnent Cost Index (ECI) for State and Local Government.
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Section 39. Butte County Code Section 438 is added to read as follows:
43-5 Sewage disposal fees
Public Health Department fees for Sewage Disposal shall be as adopted by Resolution of the
Board of Supervisors as part of the Butte County Master Fee Schedule.
These fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Index (ECI) for State and Local Government.
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Section 40. Butte County Code Section 43-9 is added to read as follows:
43-9 Water Fees
Public Health Department fees for Water services shall be as adapted by Resolution of the Board
of Supervisors as part of the Butte County Master Fee Schedule.
These fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cast Index {ECl) for State and Local Government.
Section 41. Butte County Code Section 43-10 is added to read as follows:
431.0 Solid Waste Fees
Public Health Department fees for Solid Waste shall be as adopted by Resolution of the Board of
Supervisors as part of the Butte County Master Fee Schedule.
These fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Index (ECl) for State and Local Government.
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Section 42. Eutte County Code Section 43-11 is added to read as follows:
43-11 Public Swimming Pools Fees
Public Health Department fees for Public Swimming Pools shall be as adopted by Resolution of
the Board of Supervisors as part of the Butte County Master Fee Schedule.
These fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Tndex (ECl) for State and Local Government.
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Section 43. Butte County Code Section 43-12 is added to Bread as follows:
43-1.2 Miscellaneous Fees
Public Health Department fees for miscellaneous services shall be as adopted by Resolution of
the Board of Supervisors as part of the Butte County Master Fee Schedule.
These fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Index (ECT) for State and Local Government.
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Section 44. Butte County Code Section 43-x3 is added to read as follows:
43-13 Laboratory Fees
Public Health Department fees for Laboratory services shall be as adopted by Resolution of the
Board of Supervisors as part of the Butte County Master Fee Schedule.
These fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Index (ECI} for State and Lacal Government
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Section 45. Butte County Code Section 43-14 is added to read as fallaws:
43.14 Immunization, test, and examination fees
Public Health Department fees for Immunizations, Tests and Examinations shall be as adopted
by Resolution of the Board of Supervisors as part of the Butte County Master Fee Schedule.
These fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Index (ECI} far State and Local Government.
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Section 46. Butte County Code Section 43-15 is added to read as follows:
43-15 Ambulance Program Fees
Public Health Department fees for the Ambulance Program shall be as adopted by Resolution of
the Board of Supervisors as part of the Butte County Master Fee Schedule.
These fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Index (ECI) for State and Local Government.
Section 47. Butte County Code Section 43-1.6 is added to read as follows:
43-16 Tattoo and Body Piercing Program Fees
Public Health Department fees for the Tattoo and Body Piercing Program shall be as adopted by
Resolution of the Board of Supervisors as part of the Butte County Master Fee Schedule.
These fees are subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Index (ECI) for State and Local Government.
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Section 48. Bette County Code Section 43-1.7 is added to read as follows:
43-17' Hourly Rates
Hourly fees for all personnel within the Environmental Health Division of the Public Health
Department shall be as adopted by Resolution of the Board of Supervisors as part of the Butte
County Master Fee Schedule.
This rate is subject to periodic adjustment based on the United States Department of Labor,
Bureau of Labor Statistics Employment Cost Index (ECI) for State and Local Government.
Section 49. Butte County Code Section 43-18 is amended to read as follows:
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43-18 Public health general services.
Public Health Department fees for various general services shall be as adapted by Resolution of
the Board of Supervisors as part of the Butte County Master Fee Schedule.
Section 5D. Bette County Code Section 43-20 is amended to read as follows:
43-20 Periodic adjustment to public health fees.
From time to time, the Director of Public Health may submit documentation substantiating that
there has been an increase in the cost of providing services and requesting an increase in the fees
specified in the Butte County Master Fee Schedule. The board of supervisors may increase these
fees in an amount proportional to the increase in such costs. The determination of whether there
has been an increase in the cost of providing services and the amount of the increase in the fees
shall be made by the Board of Supervisors based on one (1) 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 or any prior increase in
the fee made pursuant to the provisions of this section.
The formula for adjusting the fee is: (New index amountlamount 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 county will be adjusted to reflect the
adjustments made to the fee by the other jurisdiction.
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Section 51. Authority. This ordinance is enacted pursuant to Government Code Sections
bb017(a) and bb0I6(b), Article I, Section 1 of the Butte County Charter, and Article XI Section
7 of the California Constitution.
Section 52. Severability. If any provision of this Ordinance or the application thereof to any
person or circumstances 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 which can be given effect without
the invalid provision or application thereof.
Section 53. Effective Date and Publication. This Ordinance shall take effect thirty (30) days
after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to
publish a summary of this ordinance before the expiration of fifteen (15} days after its passage.
This ordinance shall be published once, with the names of the members of the Board of
Supervisors voting for and against it, in the Chaco Enter rise Record , a newspaper
of general circulation published in the County of Butte, State of California.
PASSED AND ADOPTED by tkze Board of Supervisors of the County of Butte, State of
California, on the 24~' day of March, 2009, by the following vote:
AYES: Supervisors Connelly, Dolan, Kirk, Larrzbert, Yamaguchi
NOES: None
ABSENT: None
NOT VOTING: None
Bill Connelly, Chairm f the
Butte County Board of Supervisors
ATTEST:
Gregory G. Iturria; '~
Interim Chie~j dmi zstr z e Officer
and Clerks f tl~e nar,~ .~
By
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