(A) The district shall place all funds received by the county under this program, and all interest subsequently accrued by the district on these funds, in a separate budget accounting category to be known as the San Benito County fire mitigation fee.
(B) The district shall expend funds from the San Benito County fire mitigation fee, budget accounting category only for those purposes of providing capital facilities and equipment to serve new development as identified in the capital facilities plan.
(C) District shall maintain an accounting record.
(D) The district shall submit a report no later than October 31 of each year to the Director. The report shall include the balance in the account at the end of the previous fiscal year, the fee revenue received, the amount and type of expenditures made and the ending balance in the fund. The report shall specify how funds have been spent or committed in the district’s budget. In addition, the report shall specify the actions the district plans to take to alleviate the facility and equipment needs caused by new development in a capital facilities and equipment plan. The district shall make available upon request by the Director a copy of its annual audit report.
(E) The district shall make its records available to the public on request which justify the basis for the fee amount.
(F) The district shall make findings with respect to any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged. The district shall refund to the then-current record owner or owners of the development project or projects on a prorated basis the unexpended or uncommitted portion of the fee, and any interest accrued thereon, for which need cannot be demonstrated. Fees expended by the district in good faith and in accordance with the capital facilities plan are non-refundable if the project does not proceed to completion. However, if the project later proceeds, the fee paid shall apply ratably to the new development.
(G) (1) By March 31 of each year following the year of original adoption of resolution pursuant to this section, the district shall submit a copy of a new resolution adopted by the governing body of the district at a noticed public hearing making the required findings and setting the percentage of the fire mitigation fee ceiling requested by the district.
(2) This percentage may be revised in the resolution, up to the ceiling amount.
(3) This revision shall be effective the following July 1.
(1966 Code, § 15C-16) (Ord. 639, § 1(part))