(A) Outside counsel fees.
(1) Notwithstanding any other section of this code, and to supplement the fees set forth in those sections, all applicants submitting an application for any discretionary approval from the Resource Management Agency shall be charged and pay all expenses for outside legal counsel when such counsel has been retained by the county to provide legal advice relating to that application. Applicants will be responsible in the same manner and at the same rate as the county may incur those expenses.
(2) The amount paid under § 5.01.060 as "legal surcharge" shall be applied to the fees specified above, so that the applicant receives full credit for the amounts paid as part of the application submittal as the "legal surcharge."
(3) For work performed by outside legal counsel on contract with San Benito County, in addition to hourly rates, applicants shall be responsible for actual costs charged to the county for costs and expenses, including, but not limited to, photocopying and mileage expenses. Due to the costs of staff time for legal billing, applicants receiving less than one total hour of outside counsel time shall not be billed for the costs of outside counsel.
(4) Rates different than above may be established by an agreement with an applicant. The hourly rate billed by outside counsel shall not exceed $450 per hour, absent a project specific reimbursement agreement.
(B) County counsel internal staff fees. Fees for County Counsel staff may be fixed by the Board of Supervisors, from time to time, by resolution.
(C) Collection of fee.
(1) Applicant shall be billed for the work being performed by outside counsel. Any balance shall be due and payable within five days of written notice by the county of the amount due, at the address on file for the person and/or entity requesting the service, such as on the application submitted to the Resource Management Department. The notice may be provided by fax, email, or by mail. Applicants shall notify County Counsel, at legal@cosb.us, of any change in address within five business days of such change occurring.
(2) In the event that the fee was incurred as a result of an appeal or discretionary approval by the county, such approval may be postponed or denied in the event of non-payment of the fee.
(3) No discretionary approvals shall be granted by the county when there is a past due amount owed to the county, unless this provision is waived by County Counsel.
(4) Payment of all fees shall be a condition of approval for any discretionary approval.
(Ord. 971, § 2, 2018)