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Home My WebLink AboutMC-1044U I Adopted: I Effective: I ,II -I 2 April 5, 1999 April 5, 1999 ORDINANCE NO, M" 1 nl.!. AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.08.05~ 15.73.065 AND 19.30.320 AND ADDING SECTIONS 3.26.030ID) 3 AND 3.38.040ID) Tv THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DEFERRAL O~ CERTAIN DEVELOPMENT FEES 4 5 THE MAYOR AND COMMON COUNCil OF THE CITY OF SAN BERNARDINO DO 6 ORDAIN AS FOllOWS 7 SECTION 1: Subsection 0 of Section 13.08.055 of the San Bernardino 8 Municipal Code relating to Sewer Connection Fees, is hereby amended to read as follows: 9 lO "0 For the construction of new single-family homes, the fees imposed by Section 13.08.050 may be deferred at the request of the owner of the property until the release of utilities is issued or eighteen (18) months from the issuance of the Building Permit, whicnever is less. The owner of the property must personally guarantee payment of the fees, sign documents authorizing the City to place a lien on the property in the amount of the fees, agree to place the payment of the fees in any escrow for the sale of the property, authorize the City to demand payment in any such escrow, and pay an administrative fee set by resolution of the Mayor and Common Council. The amount of the fees due shall be the amount in effect at the time of collection of the fees In no event shall utilities be released until the fees are Raid, except that electrical service may be released at the discretion of the building official where necessary for security or maintenance purposes. " 11 l2 13 l4 l5 l6 l7 SECTION 2: Section 15.73.065 of the San Bernardino Municipal Code relating to l8 the Verdemont Infrastructure Fee, is hereby amended to read as follows: 19 "15.73065 Deferral 20 For the construction of new single-family homes, the fees imposed by Section 15.73.060 may be deferred at the request of the owner of the property until the release of utilities is issued or eighteen (18) months from the issuance of the Building Permit, whichever is less. the owner of the property must personally guarantee payment of the fees, sign documents authoriZing the City to place a lien on the property in the amount of the fees, agree to place the payment of the fees in any escrow for the sale of the property, authorize the City to demand payment In any such escrow, and pay an administrative fee set by resolution of the Mayor and Common Council. The amount of the fees due shall be the amount in effect at the time of collection of the fees. In no event shall utilities be released until the fees are paid, except that electrical service may be released at the discretion of the building official where necessary for security or maintenance purposes." SECTION 3 Subdivision C of Subsection 4 of Section 19.30.320 of the San 2l 22 23 24 25 26 27 28 Bernardino Municipal Code (Development Code) relating to Park and Recreation HElea[FeesUrg.Ordl . - KC-1044 1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.08.05~ 15.73.065 AND 19.30.320 AND ADDING SECTIONS 3.26.030ID) 2 AND 3.38.040ID) Tv THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DEFERRAL OF CERTAIN DEVELOPMENT FEES 3 4 5 6 Construction Fees, is hereby amended to read as follows: "C. For the construction of new single-family homes, the fee imposed by this Section may be deferred at the request of the owner of the property until the release of utilities is issued or eighteen (18) months from the issuance of the Building Permit, whicfiever is less. The owner of the property must personally guarantee payment of the fee, sign documents autliorizing the City to place a lien on the property in the amount of the fee, agree to place the payment of the fee in any escrow for the sale of tfie property, authorize the City to demand payment in any such escrow, and pay an administrative fee set by resolution of the Mayor and Common Council. The amount of the fee due shall be the amount in effect at the time of collection of the fee. In no event shall utilities be released until the fees are paid, except that electrical service may be released at the discretion of the building official where necessary for security or maintenance purposes." 7 8 9 10 11 12 13 l4 SECTION 4: Subsection D is hereby added to Section 3.26.030 of the San Bernardino Municipal Code relating to Traffic Systems Fees, to read as follows: "D. For the construction of new single-family homes, the fees imposed by this Section may be deferred at the request of the owner of the property until the release of utilities is issued or eighteen (18) months from tlie issuance of the Building Permit, whicnever is less. The owner of the property must personally guarantee payment of the fees, sign documents autliorizing the City to place a lien on the property in the amount of the fees, agree to place the payment of the fees in any escrow for the sale of the property, authorize the City to demana payment in any such escrow, and pay an administrative fee set by resolution of the Mayor and Common Council. The amount of the fees due shall be the amount in effect at the time of collection of the fees. In no event shall utilities be released until the fees are paid, except that electrical service may be released at the discretion of the building official where necessary for security or maintenance purposes." l5 l6 17 l8 19 20 2l 22 23 24 25 SECTION 5. Subsection D is hereby added to Section 3.38.040 of the San Bernardino Municipal Code relating to Drainage Fees, to read as follows: liD. For the construction of new single-family homes, the fees imposed by this Section may be deferred at the request of the owner of the property until the release of utilities is issued or eighteen (18) months from tlie issuance of the Building Permit, whicfiever is less. The owner of the property must personally guarantee payment of the fees, sign documents autliorizing the City to place a lien on the property in the amount of the fees, agree to place the payment of the fees in any escrow for the sale of the property, authoriZe the City to demana payment in any such escrow, and pay an administrative fee set by 26 27 28 2 I IE/ea[FeesUrg. Ord] ,. KC-l044 1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.08.05~ 15,73.065 AND 19.30.320 AND ADDING SECTIONS 3.26.030/D) 2 AND 3.38.040/D) Tv THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DEFERRAL O~ CERTAIN DEVELOPMENT FEES 3 4 6 resolution of the Mayor and Common Council. The amount of the fees due shall be the amount in effect at the time of collection of the fees. In no event shall utilities be released until the fees are JJaid, except that electrical service may be released at the discretion of the building official where necessary for security or maintenance purposes." SECTION 6. Statement of Urgency This ordinance is required for the immediate preservation of the public peace, 5 7 8 9 health, or safety. Due to the expiration of the prior ordinances, several developments are 10 currently being delayed from starting construction pending adoption of this ordinance. II Such delays will result in financial hardships for the developments, a lower level of l2 construction activity in the community, lost employment opportunities, and adverse impacts 13 to the local economy. This urgency ordinance shall become effective upon adoption by l4 a two-thirds (2/3) vote of the Council and approval by the Mayor. l5 //1 l6 1// l7 //1 l8 //1 19 1// 20 1// 2l //1 22 //1 23 //1 24 //1 25 //1 26 //1 27 1// 28 //1 3 HE/ea[FeesUrg.Ord] KC-l044 1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.08.05~ 15.73.065 AND 19.30.320 AND ADDING SECTIONS 3.26.030101 2 AND 3.38.040101 Tu THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DEFERRAL OF CERTAIN DEVELOPMENT FEES 3 I HEREBY CERTIFY that the foregoing Urgency Ordinance was duly adopted by 4 the Mayor and Common Council of the City of San Bernardino at a it. reg. meeting 5 thereof, held on the 2 day of April , 1999, by the following vote, to wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 x x x l2 x x x l3 ANDERSON MILLER x l4 15 Cf~y~.L The foregoing Ordinance is hereby appro e this L day of April, 1999. 16 l7 l8 19 Approved as to form 20 and legal content: _I 2l JAMES F. PENMAN, City A,ttorney ~ 22 '/ By ~? feu-,-., (j 23 24 25 26 27 28 4 HE/ea[FeeslJrg.Ord]