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(a) Purpose. It is the purpose of this section to provide for the payment and recovery of all direct and indirect costs and expenses of the City related to the enforcement and administration of this chapter.
(b) Use Permit Fee.
(1) Any applicant for a use permit pursuant to Section 1016.03 of this chapter shall pay a fee of five hundred dollars ($500.00).
(2) An applicant whose use permit application has been withdrawn, abandoned or denied shall, within sixty days of its written request for a use permit fee refund, be refunded the balance of its deposit under this section, less:
A. Fifty dollars ($50.00); and
B. All ascertainable costs and expenses incurred by the City in connection with the application.
(c) Other City Costs. All permit holders shall, within thirty days after written demand therefor, reimburse the City for all direct and indirect costs and expenses incurred by the City in connection with the management of the public ways not otherwise specified in this chapter, including transfer of a use permit.
(d) Construction Permit Fee.
(1) Prior to the issuance of a construction permit, the permit holder shall pay a permit fee equal to five hundred dollars ($500.00), or such other amount determined by a schedule of fees adopted by the City Manager.
(2) The City Manager shall appoint a project representative to oversee all sites covered by the construction permit during the course of the construction, reconstruction, installation, maintenance, repair or excavation, the cost of which shall be paid by the permit holder. The estimated cost of construction oversight shall be based on the current hourly rate, presently thirty dollars ($30.00) per hour, and shall be deposited with the City prior to commencing the construction, reconstruction, installation, maintenance, repair or excavation, provided, however, that in the event the cost of construction oversight exceeds the amount on deposit at any time, the City shall have the right to demand a sum of money to bring the deposit equal to the actual cost of construction oversight within ten days of written notice to the permit holder. Failure to comply with the written demand to bring the construction oversight deposit current shall be cause to stop all work upon the construction, reconstruction, installation, maintenance, repair or excavation until such demand is complied with. The City may require additional construction oversight at its sole discretion.
(f) Cable Fees. In addition to the fees set forth in this chapter, cable television franchisees shall be subject to the franchise fees, payments and costs provided in a cable television franchise as required by Section 1016.07 of this chapter.
(g) Regulatory Fees and Compensation Not a Tax. The regulatory fees and costs provided for in this section, and any compensation charged and paid for the public ways provided for in this section, are separate from, and additional to, any and all Federal, State, local and City taxes as may be levied, imposed or due from a service provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of services.
(Ord. 96-149. Passed 5-7-97.)