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In order to recover the cost to the City and County for the Board of Appeals permit review functions, at the time a fee for permit application, issuance, or review is collected, and at the time an annual fee for renewal of the permit or license associated with the permit is collected, a surcharge in the amount specified shall be charged and collected for the following categories of permits and fees.
(a) Surcharges on fees imposed by the Department of City Planning pursuant to Planning Code Section 350 for review of actions and permits that may be appealed to the Board of Appeals are identified in Section 4 of Ordinance No. 149-16, referenced in Planning Code Section 350(d). Notwithstanding the dollar amount stated in Ordinance No. 149-16 for these surcharges, all Board of Appeals surcharges identified in Ordinance No. 149-16 shall be $18.50;
(c) For permits issued pursuant to the Public Works Code that may be appealed to the Board of Appeals pursuant to Charter Section 4.106, a surcharge of $6.50;
(e) For annual license fees specified in Police Code Section 2.27 for permits that may be appealed to the Board of Appeals pursuant to Charter Section 4.106, a surcharge of $6 for such permits issued by the Police Department and a surcharge of $4.00 for such permits issued by the Entertainment Commission;
(Added by Ord. 185-03, File No. 030916, App. 7/25/2003; amended by Ord. 282-03, File No. 031747, App. 12/19/2003; Ord. 188-04, File No. 040764, App. 7/22/2004; Ord. 188-05, File No. 051000, App. 7/29/2005; Ord. 138-06, File No. 060628, App. 6/22/2006; Ord. 105-08, File No. 080606, 6/18/2008; Ord. 112-09, File No. 090544, App. 7/2/2009; Ord. 158-10, File No. 100363, App. 7/1/2010; Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015; Ord. 169-17, File No. 170672, App. 7/27/2017, Eff. 8/26/2017; Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018)
(a) Beginning with fiscal year 2004-2005, the Controller shall each year adjust the surcharges set in this Chapter without further action by the Board of Supervisors to reflect changes in the relevant Consumer Price Index.
(b) Not later than January 31 of each year, the Board of Appeals shall submit to the Controller data showing the allocation by department of origin for permits heard by the Board of Appeals during the previous fiscal year.
(c) No later than April 15th of each year, each department authorized to collect the surcharge pursuant to this Chapter shall submit its current surcharge schedule and, if applicable, the number of appealable permits filed during the prior fiscal year to the Controller, who shall apply the price index adjustment to produce a new fee schedule for the following year. In no event may the price index adjustment authorized by this Section cause the surcharge authorized by this Chapter to exceed the department's allocable share of Board of Appeals costs.
(d) No later than May 15th of each year, the Controller shall adjust the surcharge to ensure that: (1) each surcharge produces sufficient revenue to support each fee category's allocable share of Board of Appeals costs, and (2) each surcharge does not produce revenue which is projected to materially exceed each fee category's allocable share of Board of Appeals costs. If the Controller determines that the surcharge and applicable price index adjustment will either (1) not adequately cover, or (2) exceed the projected cost of Board of Appeals review subject to the surcharge, the affected department shall file legislation that would adjust the surcharge for the affected department(s) to the appropriate level.
(Added by Ord. 185-03, File No. 030916, App. 7/25/2003)