(A) Purpose. In order to ensure that every applicant pays the full cost of processing an application filed with the city pursuant to this code or any ordinance or enactment of the city, a special application fee is hereby established as set forth in this section.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. A person who files an application with the city.
APPLICATION. Any request for a permit, license, authorization or other type of approval from the city, whether pursuant to the provisions of this code, any ordinance of the city or any enactment, program or service of the city authorized by law.
PROCESSING. Services or activities relating to the review, analysis, evaluation, testing, completion, preparation for approval, documentation, implementation or otherwise assisting in the consideration of an application, including materials submitted in connection with an application or regarding an application, or consequences arising from or relating to an application. PROCESSING also includes any activities or services required in the administrative handling of an application, including recordation, registration or similar activities or actions.
RECOVERABLE COSTS. The costs incurred by the city in processing an application shall be deemed to consist of the following items of direct and indirect expense: legal publications; recording secretarial services; court reporter; document preparation and review; professional and technical consultant service; legal review, consultation and advice; copy reproduction; document recordation; and inspection fees.
SPECIAL APPLICATION FEE. A fee in addition to the standard fee or charge customarily imposed in connection with an application, which fee shall be the actual recoverable costs incurred by the city relating to or arising from the application.
(C) Applicability. Where the nature of an application requires the city to publish or mail legal notices or to employ the services of planners, engineers, attorneys or other persons not regularly on the city payroll for the purposes of processing an application, a special application fee equal to the actual recoverable cost incurred by the city in giving such notice or securing such services shall be charged to and paid by the applicant.
(D) Escrow deposits. If the City Manager or the Manager’s designee determines that the nature of an application will result in the city incurring substantial recoverable costs, the City Manager or the Manager’s designee may, in his or her discretion, require the applicant to deposit funds in escrow to defray the recoverable costs prior to the processing of the application. If such an escrow is established, the city shall be authorized to draw funds from the escrow to pay for recoverable costs as they are incurred, provided that the city maintains an accounting of such recoverable costs and periodically delivers to the applicant a copy of such accounting and actual bills relating to such recoverable costs (except to the extent such bills are privileged). Should the city at any time determine that the escrow account established in connection with any application is, or is likely to become, insufficient to pay the actual recoverable costs relating to the processing of an application, the city shall inform the applicant of that fact in writing and demand an additional deposit in an amount deemed to be sufficient to cover foreseeable additional recoverable costs. Unless and until such additional amount is deposited by the applicant, the city may direct that processing of the application be suspended or terminated. Any such termination shall be deemed a withdrawal of the application by the applicant.
(E) Final settlement. As soon as reasonably feasible following final action on an application, the city shall cause a final accounting to be made of the escrow deposits made in connection with such application and the actual recoverable costs of processing such application and shall make a final charge of such costs against such escrow deposit. A copy of the accounting shall be provided to the applicant. If the amount in the escrow is insufficient to pay the total actual recoverable costs, a written demand for payment of the balance due shall be mailed to the applicant, if any unused balance remains in the escrow account after paying the total actual recoverable costs, that amount shall be returned to the applicant. If no escrow was established pursuant to division (D) above, the city shall deliver to the applicant a written demand for payment of a special application fee in the amount of any recoverable costs, along with an accounting of such recoverable costs.
(F) Liability; lien. Where real property is the subject of an application, the owner of the property, and if different, the applicant, shall be jointly and severally liable for the payment of all special application fees. By signing the application, the owner (and applicant, if different) shall be deemed to have agreed to pay such special application fees and to consent to the filing and foreclosure of a lien on the subject property to ensure collection of any such fees, plus the costs of collection, which have not been paid within 30 days following the mailing of a written demand for such payment (as provided for in division (E) above) to the owner (and applicant, if different) at the address shown on the application. Any lien filed pursuant to this section may be foreclosed in the manner provided by statute for mortgages or mechanics’ liens.
(G) Condition of approvals and permits. No application shall be considered complete unless and until all special application fees pursuant to this section have been paid. Every application approved pursuant to this code, whether or not expressly so conditioned, shall be deemed to be conditioned upon payment of any special application fees as required by this section.
(H) Failure to pay. The failure to fully pay any such special application fee when due shall be grounds for refusing to process an application and for denying or revoking any approval of an application to which the unpaid special application fee relates.
(I) Waiver. The provisions of this section may be waived by the City Council for special application fees applicable to any application filed by any public body, or any agency deriving the majority of its revenues from taxes levied within the city, or any charitable or eleemosynary organization.
(J) Fee review. In the event that an applicant disputes the imposition of or amount of a special application fee, a written request for review of the special application fee shall be filed with the City Manager within 30 days after the mailing of any demand for the special application fee. The request for review shall set forth in detail the basis for an applicant’s dispute of the special application fee. The City Manager shall thereafter consider the request for review, determine whether the special application fee should be waived or reduced, and provide the applicant with a written determination thereof. If the applicant seeks further review of the special application fee, the applicant shall file a request to appeal the determination of the City Manager with the City Clerk within 30 days after mailing of the determination by the City Manager; such appeal shall be considered by the Personnel, Compensation and Administration Committee of the City Council based on the relevant facts available regarding the application, the special application fee and materials presented in connection with the fee review provided under this section. The determination of the Personnel, Compensation and Administration Committee shall be final.
(Ord. 2006-02, passed 2-6-2006)