§ 35.81 FINDINGS AND INTENT.

(A) Except as provided in division (B) of this section, whoever recklessly violates § 35.64(A) shall be guilty of a misdemeanor of the first degree and shall be subject to a fine of not more than $1,000 or imprisonment for a term of up to six months, or both.

(B) Each instance of access or disclosure in violation of § 35.64(A) constitutes a separate offense.

(C) These specific penalties shall not be construed to prevent the city from prosecuting any and all other offenses that may apply.

(Ord. 04-18, passed 2-26-18)

FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM

§ 35.80 DEFINITION.

For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

FULL COSTS includes the following elements:

(1) All applicable direct costs including, but not limited to salaries, wages, overtime, employee fringe benefits, services and supplies, maintenance and operating expenses, contracted services, special supplies, and any other direct expense incurred.

(2) All applicable indirect costs including, but not restricted to, building maintenance and operations, equipment maintenance and operations, communications expenses, computer costs, printing and reproduction, vehicle expenses, insurance, debt service, and like expenses when distributed on an accounted and documented rational pro-ration system.

(3) Fixed asset recovery expenses, consisting of depreciation of fixed assets, divided by the approximate life expectancy of the fixed asset.

(4) General overhead, expressed as a percentage, distributing and charging the expenses of the City Council, including the Clerk of Council, Department of Law, City Manager, Accounting and Auditing, Taxation, Procurement, Information Technology, Economic Development, Human Resources and city promotional programs, and all other staff and support service provided to the entire city organization. Overhead shall be prorated between tax-financed services and fee-financed services on the basis of said percentage so that each tax-financed service and fee-financed service shall proportionately defray such overhead costs.

(5) Departmental overhead, expressed as a percentage, distributing and charging the cost of each department head and his or her supporting expenses as identified in divisions (1), (2), (3), and (6) of this section.

(6) Debt service costs, including the payment of interest, and trustee fees and administrative expenses of all applicable bond, certificate, or securities issues or loans of whatever nature or kind.

(7) The FULL COSTS, in most instances, will be rounded to the nearest $5 or $10, with the actual fee established by the ordinance establishing a schedule of fees and charges for city services.

(Ord. 51-94, passed 10-17-94; Am. Ord. 52-96, passed 8-5-96; Am. Ord. 97-97, passed 7-21-97; Am. Ord. 118-98, passed 12-7-98; Am. Ord. 125-00, passed 11-6-00; Am. Ord. 127-01, passed 11-5-01; Am. Ord. 129-02, passed 11-4-02; Am. Ord. 126-03, passed 12-15-03; Am. Ord. 79-04, passed 12-13-04; Am. Ord. 73-05, passed 12-12-05; Am. Ord. 64- 06, passed 11-20-06; Am. Ord. 90-07, passed 12-10-07; Am. Ord. 82-08, passed 12-8-08; Am. Ord. 49-09, passed 11-2-09; Am. Ord. 39-10, passed 11-1-10; Am. Ord. 54-11, passed 10-10-11; Am. Ord. 65-12, passed 11-5-12; Am. Ord. 94-13, passed 12-9-13; Am. Ord. 111-14, passed 12-8-14; Am. Ord. 49-15, passed 7-13-15; Am. Ord. 76-15, passed 11-2-15; Am. Ord. 42-16, passed 11-7-16; Am. Ord. 71-17, passed 11-6-17; Am. Ord. 65-18, passed 10-8-18; Am. Ord. 63-19, passed 11-18-19; Am. Ord. 45-20, passed 11-16-20; Am. Ord. 74-21, passed 11-15-21; Am. Ord. 56-22, passed 11-7-22; Am. Ord. 59-23, passed 11-27-23)

§ 35.81 FINDINGS AND INTENT.

(A) It is the intent of the City Council to ascertain and recover the specified percentages of full costs from fees, charges, and regulatory license fees levied in providing the regulation, products, or services set forth in this chapter.

(B) The fee and service charge revenue/cost comparison system set forth in this chapter provides a mechanism for ensuring that fees adopted by the city for services rendered do not exceed the reasonable estimated cost for providing the services, unless otherwise noted.

(C) It is the intent of the City Council to achieve a more equitable and fair mix for financing services set forth in this chapter in order to reduce or eliminate subsidizing these services with general tax revenue; thereby, allowing those general tax revenues to be used for general services, including infrastructure maintenance and replacement.

§ 35.82 DELEGATION OF AUTHORITY AND DIRECTION TO CITY MANAGER.

(A) The City Manager is hereby delegated the authority and directed to provide documents to the City Council to implement its policy to adjust fees and charges to recover the percentage of full costs as established in this chapter.

(B) FULL COSTS shall be as defined in § 35.80. In adjusting fees and charges, the City Manager shall act in an administrative and ministerial capacity and shall consider only the standards and criteria established by this chapter and the applicable state laws.

(Ord. 51-94, passed 10-17-94; Am. Ord. 52-96, passed 8-5-96; Am. Ord. 97-97, passed 7-21-97; Am. Ord. 118-98, passed 12-7-98; Am. Ord. 125-00, passed 11-6-00; Am. Ord. 127-01, passed 11-5-01; Am. Ord. 129-02, passed 11-4-02; Am. Ord. 126-03, passed 12-15-03; Am. Ord. 79-04, passed 12-13-04; Am. Ord. 73-05, passed 12-12-05; Am. Ord. 64-06, passed 11-20-06; Am. Ord. 90-07, passed 12-10-07; Am. Ord. 82-08, passed 12-8-08; Am. Ord. 49-09, passed 11-2-09; Am. Ord. 39-10, passed 11-1-10; Am. Ord. 54-11, passed 10-10-11; Am. Ord. 65- 12, passed 11-5-12; Am. Ord. 94-13, passed 12-9-13; Am. Ord. 111-14, passed 12-8-14; Am. Ord. 49-15, passed 7-13-15; Am. Ord. 76-15, passed 11-2-15; Am. Ord. 42-16, passed 11-7-16; Am. Ord. 71-17, passed 11-6-17; Am. Ord. 65-18, passed 10-8-18; Am. Ord. 63-19, passed 11-18-19; Am. Ord. 45-20, passed 11-16-20; Am. Ord. 74-21, passed 11-15-21; Am. Ord. 56-22, passed 11-7-22; Am. Ord. 59-23, passed 11-27-23)

§ 35.83 SCHEDULE OF FEES AND SERVICE CHARGES

(A) The City Manager, Director of Finance, and each city department head, under the direction of the City Manager, shall review annually the fees and service charges, and provide an adjusted fee or charge schedule to the City Council for its consideration so as to recover the listed percentage of full costs necessary to provide the listed regulation, product or service as modified by the notes following the list of services. These fees, unless otherwise specified, are for City of Dublin services and are in addition to any charges made by any other governmental agencies.

(B) The services as listed in this section shall be as defined in the document entitled “Cost Study for the City of Dublin, Ohio” as produced by the City of Dublin.

(D) The City Manager may vary the review schedule listed in the section if, in the judgment of the City Manager and a directly affected and requesting department head, a gross inequity would be perpetrated by not revising a fee or charge prior to the next rate review. Any such special rate review shall be reported to the City Council at its next succeeding meeting where the City Council may revise the fee or charge by ordinance.

(E) If fees are not collected at the time that the service is provided, the city has the right to pursue collection of any of the fees listed in this subchapter, including certification to the County Auditor, remittance to a collection service, or any other appropriate pursuit for payment. When additional fees need to be levied and collected for city-provided services in the amount of $10 or less, or when a refund is due in the amount of $10 or less, a refund or additional charge need not be made.

(F) Should it become necessary to establish a new service fee or charge during the year, the City Manager may set the fee administratively. Any such fees set by the City Manager shall be reported to the City Council at its next succeeding meeting where the City Council may revise the fee or charge by ordinance. The new service will then be included and analyzed in the next rate review.

(Ord. 51-94, passed 10-17-94; Am. Ord. 122-94, passed 1-23-95; Am. Ord. 113-95, passed 12-18-95; Am. Ord. 52-96, passed 8-5-96; Am. Ord. 97-97, passed 7-21-97; Am. Ord. 118-98, passed 12-7-98; Am Ord. 104-99, passed 9-20-99; Am. Ord. 137-99, passed 2-7-00; Am. Ord. 125-00, passed 11-6-00; Am. Ord. 127-01, passed 11-5-01; Am. Ord. 129-02, passed 11-4-02; Am. Ord. 126-03, passed 12-15-03; Am. Ord. 12-04, passed 3-1-04; Am. Ord. 79-04, passed 12-13-04; Am. Ord. 73-05, passed 12-12-05; Am. Ord. 64- 06, passed 11-20-06; Am. Ord. 90-07, passed 12-10-07; Am. Ord. 82-08, passed 12-8-08; Am. Ord. 49-09, passed 11-2-09; Am. Ord. 39-10, passed 11-1-10; Am. Ord. 54-11, passed 10-10-11; Am. Ord. 65-12, passed 11-5-12; Am. Ord. 94-13, passed 12-9-13; Am. Ord. 111-14, passed 12-8-14; Am. Ord. 49-15, passed 7-13-15; Am. Ord. 76-15, passed 11-2-15; Am. Ord. 42-16, passed 11-7-16; Am. Ord. 71-17, passed 11-6-17; Am. Ord. 65-18, passed 10-8-18; Am. Ord. 63-19, passed 11-18-19; Am. Ord. 45-20, passed 11-16-20; Am. Ord. 74-21, passed 11-15-21; Am. Ord. 56-22, passed 11-7-22; Am. Ord. 59-23, passed 11-27-23)

Editor's note:

A copy of the most recent ordinance establishing current city fees and service charges is available at city offices during normal business hours.

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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