(A) Each and every recital in the ordinance codified herein is adopted and made a term of this section.
(B) The County Planning and Zoning Non-Reverting Fees Fund (the “fund”) shall be and is hereby established.
(C) The Board shall, and does hereby adopt the schedule of fees attached to the ordinance codified in this section, such being identified by the heading “Clark County Building Fees” and consisting of two pages, for planning and zoning operations so as to identify sources of monies for this fund.
(D) The revenue generated from the collection of the fees set forth in the attached schedule shall be deposited to the fund in the manner set forth above up to a level of $150,000 annually, as measured on July 1 of each year.
(E) Payments or uses of the fund shall be made through the claim procedure and ordinances of the Board without the necessity of appropriation by the County Council.
(F) The fund shall be used for enforcement actions by the Commission to assure compliance and remedy all defects or non-performance, arising from plats, construction performance agreements or development approvals granted by the Commission either before or after enactment of this section.
(G) The fund may be used to pay costs of litigation or administrative enforcement work of the Commission, including legal, technical, expert or other witness and trial/hearing costs and expenses. The fund may also be used to contract with expert engineers and professional persons to assist the zoning office and County Engineer in inspecting and monitoring compliance by developers and other persons/entities with the County Subdivision Control and Zoning Ordinance and/or with performance agreements signed with the Commission. All such contracts are subject to prior approval by the Board, in writing, as a condition precedent before becoming effective and binding upon the county.
(H) The fund may also be used to pay for necessary contract inspectors or equipment required for the Commission and Zoning Office, to the extent the 2008 25% reduction of that office budget has limited the ability of the Commission to perform duties or functions.
(I) The fund may also be used, upon approval by the Board, on a case-by-case basis, to remediate minor problems arising from breach of a performance agreement after all litigation efforts and other enforcement efforts against a defaulting contractor have been exhausted.
(J) Whenever any ordinance of the county identifies the “County Attorney” to represent the county’s interest in litigation or enforcement actions, the Board herein finds and states that this term shall include (in addition to the Board’s retained attorney) the attorney for the Commission, whom the Board designates as the primary authorized attorney for enforcement, and/or any other attorney approved for specific case retention by the Board.
(K) Deposits to the fund shall commence December 1, 2007.
(Ord. 14-2007, passed 10-18-2007)