The Board of Supervisors, County of San Benito, makes the following findings:
(A) The Board of Supervisors is authorized to increase fees in an amount reasonably necessary to recover costs of providing any product or service, including indirect costs, pursuant to Cal. Gov’t Code § 54985;
(B) The Board of Supervisors desires to recover the full cost of providing the services specified in this Subarticle I, by the San Benito County Clerk, Recorder and Registrar of Voters, from the parties receiving the services. The fees established by this subarticle shall be used to recover the costs of providing such services.
(C) Fees to be adopted or increased herein shall be based on fee studies that present a reasonable estimate of the costs of providing the applicable services, and demonstrate the proposed fees do not exceed the reasonable estimate of the costs of providing the services for which they are charged, and represent reasonable fees necessary to meet the county’s operating expenses pertaining to providing the specified services.
(D) A cost estimate study was conducted by the county and a report filed establishing a billing rate of $73 per hour or $1.22 per minute for services provided by the County Clerk, Recorder and Registrar of Voters. The fees specified in § 5.01.036 are based upon this study and do not exceed the reasonable costs to the county of performing the applicable services.
(E) The fees set forth in § 5.01.036 are charges imposed for specific governmental services provided directly to the payor of the fee, and such services will not be provided to those that are not charged.
(F) Only those individuals voluntarily requesting the services provided by the Offices of the County Clerk, Recorder and Registrar of Voters will be charged the proposed revised fees.
(G) Cal. Gov’t Code § 27361(a) allows for the collection of a fee of $10 for the recording and indexing of the first page of every instrument, and $3 for each additional page, to reimburse the county for the costs of services rendered.
(H) Cal. Gov’t Code § 27361(c) allows for the collection of a fee of $1 for the first page and $1 for each additional page of each instrument for the purpose of providing for the full modernization of the county’s recording system.
(I) Cal. Gov’t Code § 27397(c) allows the Board of Supervisors to adopt a fee of an additional $1 and to impose said fee for each instrument that is recorded by the Registrar- Recorder/County Clerk to defray the costs required to implement and maintain the electronic delivery system. This fee shall be in addition to any other fees provided by this chapter 5.01, or as otherwise provided for by statute.
(J) In addition, Cal. Gov’t Code § 27361.4(a) allows for the collection of a fee of $1 for filing every instrument, paper or notice for record, to defray the cost of converting the County Recorder’s document storage system to micrographics.
(K) Cal. Gov’t Code § 27361.4(b) allows the Board of Supervisors to adopt a fee of an additional $1 for filing every instrument, paper or notice for record, in exchange for establishing the days of operation for the County Recorder’s offices as every business day except for legal holidays and those holidays designated as judicial holidays pursuant to Cal. Code of Civil Procedure § 135.
(L) Cal. Gov’t Code § 27361.4(c) allows the Board of Supervisors to adopt a fee of an additional $1 for filing every instrument, paper or notice for record, provided that the instrument, paper or notice is indexed within two business days of recordation.
(M) The total fee that the Board of Supervisors adopts for the recording and indexing the first page of each instrument is $15, reflected in the fee schedule set forth in § 5.01.036.
(1966 Code, § 6C.1-1) (Ord. 621, § 1; Ord. 913, § 1(part), 2013; Ord. 966, § 3, 2018)