(A) Fees required. Fees are hereby imposed on all handlers, owners and other persons who are subject to this chapter for required permits and to recover the costs associated with administering the regulations of the Environmental Protection Ordinance. The City Council shall establish such fees and may subsequently amend them in a schedule of fees that is adopted by resolution. In no event, however, shall Unified Program Element fees exceed those prescribed under state law as set forth in California Health & Safety Code § 25404.1.1.
(C) Fee refunds. The fees imposed by this section are nonrefundable and a permittee who terminates operations or regulated activities that are regulated by the CUPA Permit shall not be entitled a refund of fees for any remaining portion of that CUPA Permit period.
(D) Fee exemption. Any person or business which conducts, exclusively for charitable purposes, an activity for which a permit is required under this chapter, and from which no person benefits through the distribution of profits, payment of excessive charges or compensation, or the more advantageous pursuit of their business or profession shall obtain all required permits, and not be charged any fee for such permit. A written affidavit with the facts showing entitlement to such exemption from a fee requirement may be required by the Fire Chief. A person or business which conducts an activity for which a permit is required by this chapter shall be deemed to qualify for a no-fee permit if it complies with § 214 of the California Revenue and Taxation Code as now or hereafter amended.
(E) CUPA invoice. All annual CUPA Permit fees shall be consolidated by the Fire Department into a single annual invoice. The annual invoice shall also include Fire Department fees for the environmental and life safety protection programs listed in § 97.105(G) of this chapter, operation permits issued by Fire Prevention and any state-mandated service fees.
(F) Delinquent CUPA Permit renewal fees. Fees for renewal of a CUPA Permit are due as stated on the CUPA invoice. Fees not received by the CUPA invoice due date are delinquent and a late payment penalty may be added to the delinquent fees. The amount of the late payment penalty is established by a resolution of the City Council. Late payment penalties may not be waived unless the Fire Chief determines that the Fire Department imposed them in error. Failure to pay CUPA Permit fees in a timely manner is a violation of this chapter and imposition of a late payment penalty shall not bar the city from concurrently exercising any of its remedies in connection with said violation. Delinquent fees and late payment penalties are recoverable by the city in any manner allowed by law.
(G) State service fees. Any state imposed service fee applied to a Unified Program Element by Cal EPA as determined by the Secretary shall be listed as a separate item on each CUPA invoice issued by the Fire Department. Any such state imposed service fee shall be collected by the Fire Department and transmitted to the state in accordance with the Act and related regulations.
(H) Hazardous Materials Business Plan fees. The annual fees listed on the CUPA invoice for Hazardous Materials Business Plans are based upon the information contained in the most recent required submission of the inventory of hazardous materials or Regulated Substance Reporting Form. The quantity reported is considered to be current inventory or potential inventory unless amended as required pursuant to § 25508.1 of the Health and Safety Code.
(I) Re-inspection fee. The Fire Department may impose a re-inspection fee on any handler, owner or other person who violates this chapter for each successive inspection of a facility or premises on which the violation is detected. The amount of the re-inspection fee is established by a resolution of the City Council. In the event such fees are not paid, the Fire Department may decline to renew or revoke the permit until such fees are paid. In this event, the permittee shall not continue, maintain or resume the activity, use or condition that the expired permit had previously authorized. The city may recover such fees in any other manner provided by law.
(J) Fee proration. Facilities that first become subject to annual CUPA Permit requirements after January 1 will be charged one-half of the annual fee amount established by the City Council resolution for that fiscal year.
(K) Fee modification. The Fire Chief, with the concurrence of the City Council, may prospectively modify the fees charged for permits at particular types of facilities if the Fire Chief, in his or her discretion, believes that the standard fee(s) for such facilities do not accurately defray the costs to the Fire Department for administration of the Environmental Protection Ordinance.
(Ord. 990, passed 4-9-08; Am. Ord. 1060, passed 7-10-14)