(a) This Chapter shall become applicable to Development within the boundaries of a Fire District when the following events set forth in subsections (b) through (e) occur.
(b) The governing body of a Fire District adopts a resolution making the following findings:
(1) The District does not have existing fire protection facilities and equipment that could be used to provide an adequate level of services to new Development within the District’s boundaries.
(2) The District does not have sufficient funds available to construct additional facilities from fund balances, capital facility funds, property tax sources, fire suppression assessments, or any other appropriate sources.
(3) The lack of fire protection facilities and equipment to serve new Development would create a situation perilous to the public health and safety if fire mitigation fees are not levied within the district.
(c) The Fire District resolves as follows:
(1) The District requests that the County impose a specified percentage of the fire mitigation fee ceiling on the District's behalf upon applicants for building permits or other permits for Development.
(2) Mitigation fees paid under this Chapter shall only be used to expand the availability of capital facilities and equipment to serve new Development.
(3) The District shall deposit all funds collected under this Chapter with the County Treasurer , and all interest subsequently accrued by the District on these funds, in a separate budget accounting category to be known as the “Yolo County Fire Mitigation Fee.”
(4) The District shall expend funds from said “Yolo County Fire Mitigation Fee” budget accounting category only for those purposes of providing capital facilities and equipment to serve new Development.
(5) The District shall submit a Fire Mitigation Fee Annual Report no later than October 31 of each year to the Clerk. Said report shall include, but not be limited to, 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. 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 fire facilities and equipment plan adopted at a noticed public hearing. The District shall make available, upon request by the Clerk, a copy of its annual audit report.
(6) The District shall make available to the public on request its records that justify the basis for the fee amount.
(7) The District shall defend, indemnify and hold harmless the County, its officers, officials, employees, agents and volunteers, from and against any and all demands, claims, actions, litigation or other proceedings, liability, damages and costs (including but not limited to attorney fees) that are based in whole or in part upon the levy, imposition, collection or payment of the fees, or the denial of a permit until the fee is paid, excepting only matters that are based upon the County's gross negligence or willful misconduct.
(8) 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.
(d) The governing body of the Fire District adopts a capital fire facility and equipment plan in accordance with Government Code Section 66002 at a noticed public hearing.
(e) The governing body of the Fire District sends a certified copy of the resolution and the capital fire facility and equipment plan to the Clerk, and the resolution and plan are approved by the Board of Supervisors as set forth in this subsection. The Clerk shall agendize said resolution and capital fire facilities and equipment plan for the Board's approval at a public hearing noticed in the manner required by Government Code Section 66002(b). At the close of the public hearing thereon, the Board may approve said resolution and capital fire facilities and equipment plan if it finds that said documents meet the requirements of this ordinance, the Yolo County General Plan and Government Code Section 66000 et seq. The provisions of this Chapter shall be applicable to all building permits and other permits issued for new construction within the boundaries of the Fire District thirty (30) days after the Board's approval. Each District shall notify the County Building Official of the effective date of its mitigation fee.
(f) By March 31 of each year following the year of the original adoption of a resolution and approval by the Board pursuant to this Section, the District may submit a copy of a new resolution and a new capital facility and equipment plan adopted and approved, respectively, by the District's governing body as set forth hereinabove and setting the amount of the fire mitigation fee requested by the District. If, the resolution proposes to increase the fire mitigation fee from that previously approved by the Board, said resolution shall only become effective if approved by the Board in the manner set forth in subsection (e)above. This revision shall be effective the following July 1. (§ 1, Ord. 1313, eff. February 5, 2004)