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HomeMy WebLinkAboutOrd 1990-2375 ORDINANCE NO. 2375 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 3.45.010 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO FEES The City Council of the City of Chula Vista does ordain as follows: SECTION I: Section 3.45.010 of the Chula Vista Municipal Code is amended to read as follows: Sec. 3.45.010 Established-Purpose. A. The city council shall adopt, by resolution, a master fee schedule, indicating therein the fees for all services, administrative acts and other legally required fees, which resolution may be amended from time to time and shall be effective upon first reading and approval; provided, however, such resolutions may specify therein their applicability, if any, to applications currently in the process of review. B. A copy of the master fee schedule shall be maintained in the office of the city clerk and in each department of the city. C. The fees set forth in the master fee schedule may be waived by theWaiving Authority, as defined hereinbelow in Subsection D, in accordance with the following procedures: 1. Any person requesting an abatement of a fee herein charged shall request said abatement in writing, addressed to the Waiving Authority, and shall set forth therein, with specificity, the reasons for requesting said abatement of all or any portion of the fees. 2. The Waiving Authority shall conduct a public hearing, notice of which is not required to be published. Notice of said public hearing shall be given to the applicant and to any party or parties requesting notice of same. 3. Prior to abating all or any portion of a fee established in the master fee schedule, the Waiving Authority shall find a peculiar economic hardship or other injustice would result to the applicant which outweighs, when balanced against, the need of the City for revenue and the need for a uniform method of recovering same from those against whom it is imposed. Ordinance No. 2375 Page 2 D. Waiving Authority, as the term is used herein, shall mean the City Manager, or his designee, if the amount of such waiver is less than or equal to the greater of (1) $2,500 or/2) 25% of the fee imposed by the master fee schedule. If the amount of the waiver is greater than the greater of $2,500 or 25% of the original fee imposed by the master fee schedule, the Waiving Authority, as used herein, shall mean the City Council. E. If the Waiving Authority in a particular fee waiver matter is the City Manager, or his designee, the decision of the City Manager, or his designee, may be appealed to the City Council by any resident of the City of Chula Vista, including, but not limited to, the members of the City Council. If the Waving Authority is not the City Council, then the Waiving Authority shall provide notice of his decision to waive a fee set forth in the master fee schedule by distributing a copy of said notice of decision to each member of the City Council and to the City Clerk. Said notice of decision shall be deemed a public record. SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Pre~a~App oved as to form by Ordinance No. 2375 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day of June, 1990, by the following vote: AYES: Councilmembers: Malcolm, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: McCandliss ABSTAIN: Councilmembers: None ATTEST: ~.Au~'ne~rK STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2375 had its first reading on June 12, 1990, and its second reading and adoption at a regular meeting of said City Council held on the 19th day of June, 1990. Executed this 19th day of June, 1990. ~Au~he)et, City Clerk