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SANTA CLARA COUNTY CODE OF ORDINANCES: Division A14 FEES AND CHARGES--MISCELLANEOUS*

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Division A14
FEES AND CHARGES--MISCELLANEOUS*

Editor's note--Fees and charges relating to specific subjects are classified in this Code under those subjects.

CHAPTER I.
IN GENERAL

Sec. A14-1. Survey monument preservation fund established.

Pursuant to Government Code § 27584, there is hereby established a survey monument preservation fund to pay the necessary expenses incurred or authorized by the County Surveyor in any retracement or remonument survey of major historical land division lines upon which later surveys are based, such as, but not limited to, government section lines, rancho lines, grant lines, rancho section lines, acreage subdivision lot lines, and subdivision boundary lines within Santa Clara County.

(Ord. No. NS-300.266, § 1, 11-6-78; Ord. No. NS-300.276, 1, 1-29-79)

Sec. A14-2. Collection of fees.

For the limited purpose of financing the survey monument preservation fund, there is hereby imposed a fee of $10.00 which shall be charged and collected by the County Recorder, over and above any other fees required by law, as a condition precedent to the filing or recording of any grant deed conveying a fee interest in real property.

(Ord. No. NS-300.266, § 2, 11-6-78; Ord. No. NS-300.276, § 2, 1-29-79)

Sec. A14-3. Exemptions.

Grants deeds conveying entire lots created by recorded tract maps shall be exempt from the fee. A fee shall not be imposed on the State, any county, city, district or other political subdivision, whenever such entity is the grantee of the conveyance of a fee interest in real property.

(Ord. No. NS-300.266, § 3, 11-6-78; Ord. No. NS-300.276, § 3, 1-29-79)

Sec. A14-4. Forwarding of fees.

The County Recorder shall forward all fees collected each month to the County Treasurer for deposit in the County survey monument preservation fund to be used only for the purposes set forth in Section A14-1.

(Ord. No. NS-300.266, § 4, 11-6-78; Ord. No. NS-300.276, § 4, 1-29-79; Ord. No. NS-300.431, § 1, 3-1-88)

Sec. A14-5. Effect of failure to collect fees; subsequent collection.

The failure of the County Recorder to collect any fee required in the preceding sections of the time of recordation of a document shall not affect the validity of such recordation, and shall not prevent the County from subsequently collecting the fee.

(Ord. No. NS-300.266, § 5, 11-6-78; Ord. No. NS-300.276, § 5, 1-29-79)

Secs. A14-6--A14-10. Reserved.

CHAPTER II.
COPIES OF DOCUMENTS

Sec. A14-11. Purpose.

This chapter is for the purpose of establishing reasonable charges for reproductions of public records, documents, maps and photographs filed in County offices, other than those records for which fees are set by state law.

(Code 1954, § 3.8.1-1; Ord. No. NS-300.93, § 3, 3-28-66)

Sec. A14-12. Applicability.

This chapter shall apply to any person or governmental agency requesting the reproduction or certification of records, documents, maps or photographs filed in County offices, unless such person or governmental agency, is specifically exempted pursuant to Section A14-14; provided, that this chapter shall not apply to the County library.

(Code 1954, § 3.8.1-2; Ord. No. NS-300.93, § 3, 3-28-66)

Sec. A14-13. Interdepartmental charges.

There shall be no charge to County departments requesting reproductions of records covered by this chapter except that the County Executive may authorize interdepartmental charges for budgetary purposes in the case of large orders of any such records, documents, maps or photographs.

(Code 1954, § 3.8.1-3; Ord. No. NS-300.93, § 3, 3-28-66)

Sec. A14-14. Exemptions.

(a) The County Executive may exempt any governmental entities from the charges set forth in this chapter.

(b) There shall be no charge to physicians or medical institutions requesting, on behalf of their patients, copies of records of the County Health Department or the Santa Clara Valley Medical Center dealing with patient care.

(Code 1954, § 3.8.1-4; Ord. No. NS-300.93, § 3, 3-28-66; Ord. No. NS-300.93.1, § 1, 5-16-66)

Sec. A14-15. Establishment of charges.

Unless a fee is otherwise prescribed by law or ordinance, an officer may furnish copies of public records under his control to a person upon payment in advance of a fee fixed by the Office of the County Executive, which fee shall be equal to the actual cost of labor and materials used in preparing and furnishing such copies. Where the total fee cannot be computed until after the copies have been prepared, the officer may require that the estimated fee be deposited before preparing the copies. In the event the officer finds the deposit to be insufficient, he may require that additional money be deposited before preparing or delivering the copies.

(Code 1954, § 3.8.1-5; Ord. No. NS-300.93, § 3, 3-28-66; Ord. No. NS-300.112, § 1, 11-6-67; Ord. No. NS-300.142, § 1, 10-27-70)

Sec. A14-16. Certification charge.

A charge of $1.00 per document shall be made for each certification.

(Code 1954, § 3.8.1-6; Ord. No. NS-300.93, § 3, 3-28-66)

Sec. A14-17. Payments.

All payments required hereunder shall be made in cash or to the order of the County and deposited with the department from which the reproduction is sought. All reproduction charges shall be paid on or before delivery of any reproduction.

(Code 1954, § 3.8.1-7; Ord. No. NS-300.93, § 3, 3-28-66)

Sec. A14-18. Procedures.

All requests for reproductions shall be made to the department keeping the records, documents, maps or photographs. Each such department may establish a reasonable procedure, subject to review by the County Executive with respect to the manner in which the requests for reproductions are to be processed.

(Code 1954, § 3.8.1-8; Ord. No. NS-300.93, § 3, 3-28-66)

Sec. A14-19. Property tax records.

Notwithstanding any other provision of this chapter, the Assessor may provide to cities and other public entities, located within the County of Santa Clara, public records and information relating to property tax assessment without requiring payment from such public entities in advance. Full payment of the amount charged for such records or information shall be made by the public entity within 60 days of its receiving the requested records or information.

(Ord. No. NS-300.631, 9-21-99)

Secs. A14-20--A14-28. Reserved.

CHAPTER III.
CHARGES FOR SERVICES

Sec. A14-29. Fingerprinting.

There is hereby established a fee of $20.00 per card, print or LiveScan submission to be collected by the Sheriff's Department for the taking of each set of fingerprints prepared for, or at the request of any person other than:

A person fingerprinted in connection with an arrest or a crime; or

An applicant for County employment; or

An employee or officer of the government of the United States or the State of California or of a school district which services either the unincorporated area of the County or a city with whom the Sheriff is under contract to furnish police protection when required in connection with his/her employment, or as a prerequisite to employment when such a fee is prohibited by state or federal law; or

In connection with military service for the government of the United States or the State of California when such a fee is prohibited by state or federal law; or

In connection with immigration or naturalization when such a fee is prohibited by state or federal law; or

In connection with the screening of an applicant for employment or volunteer work with a non-profit organization, a fee of $10.00 shall be collected in lieu of the $20.00 fee.

In the instance where a lesser fee is expressly provided for by law.

(Code 1954, § 3.8.2-1; Ord. No. NS-300.108, § 1, 8-14-67; Ord. No. NS-300.406, § 1, 9-23-86; Ord. No. NS-300.525, 8-10-93; Ord. No. NS-300.711, § 1, 6-3-03; Ord. No. NS-300.729, § 1, 6-8-04)

CHAPTER IV.
CHARGES FOR RETURNED CHECKS

Sec. A14-30. Returned checks.

Pursuant to Government Code § 6157, a charge shall be imposed for each personal check drawn in favor of or accepted on behalf of the County, in payment of any obligation, which is returned without payment for any reason. This charge shall not exceed the actual processing and collection costs incurred by the County. The Director of Finance is directed to prescribe procedures for the imposition of this charge, to determine the costs incurred by the County, and to prescribe a different method of payment for this and future obligations of the drawer of the returned check.

(Ord. No. NS-300.174, § 1, 4-10-73; Ord. No. NS-300.323, § 1, 10-14-80; Ord. No. NS-300.520, § I, 6-8-93)

CHAPTER V.
COUNTY LIGHTING SERVICE AREA CHARGES*

Editor's note--Ord. No. NS-300.279, § 1, adopted March 26, 1979, specifically amended the Code by adding Ch. V, §§ A14-31--A14.33, as herein set out.

Sec. A14-31. Authority.

California Government Code § 25210.77a authorizes any county to fix and collect charges for a particular extended service authorized by statute and rendered by a county service area located within the county. Such charges may be in lieu of, or supplemental to, revenue obtained by the levy of taxes.

(Ord. No. NS-300.279, § 1, 3-26-79)

Sec. A14-32. Assessments.

(a) Assessments shall be fixed for street lighting service rendered by the County Lighting Service Area of the County of Santa Clara. Such assessments shall be in lieu of any and all property taxes levied for such purpose, and shall be sufficient to pay for the cost of such lighting and shall be apportioned to parcels within the district in proportion to the benefits received by each parcel.

(b) Assessments shall be apportioned pursuant to the engineer's report submitted to and approved by the Board of Supervisors. A copy of said report is on file with the Clerk of the Board of Supervisors.

(c) Assessments may be based on special benefit zones and benefit factors reflecting the benefit received by different categories of parcels within the zones.

(Ord. No. NS-300.279, § 1, 3-26-79; Ord. No. NS-300.279.1, § 1, 1-3-84; Ord. No. NS-300.625, § 1, 4-6-99)

Sec. A14-33. Procedure for fixing and collection of assessments.

(a) On or before May 15 of 1999 and each year thereafter the Board of Supervisors shall cause to be prepared a written report which shall contain a description of each parcel of real property receiving street lighting service from the County Lighting Service Area and the amount of the assessment for each parcel for such year computed in conformity with Section A14-32 above. Such report shall be filed with the Clerk of the Board of Supervisors.

(b) Upon the filing of such report the Clerk shall fix a time, date and place for hearing thereon, and for filing objections or protests thereto. The Clerk shall publish notice of such hearing as provided in California Government Code § 6066, prior to the date set for hearing, in a newspaper of general circulation printed and published in the County.

(c) At the time, date and place stated in the notice, the Board of Supervisors shall hear and consider all objections or protests, if any, to the report and may continue the hearing from time to time. Upon conclusion of the hearing the Board of Supervisors may adopt, revise, change, reduce, or modify any assessment and shall make its determination upon each assessment as described in the report and thereafter, by resolution, shall confirm the report; however, any increase proposed shall conform with the requirements of Article XIII D (Assessment and Property Related Fee Reform) of the California Constitution.

(d) The assessments set forth in the report, as confirmed subject to the limitations contained in A14-33(c) above, shall appear as a separate item on the tax bill and may be collected at the same time and in the same manner as ordinary County ad valorem property taxes are collected, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of County ad valorem property taxes shall be applicable to such assessment, except that if the real property to which such assessment related has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attached thereon, prior to the date on which the first installment of such taxes would become delinquent, then the assessment confirmed pursuant to this section shall not result in a lien against such real property, but instead shall be transferred to the unsecured roll for collection.

(Ord. No. NS-300.279, § 1, 3-26-79; Ord. No. NS-300.625, § 2, 4-6-99)

Secs. A14-34--A14-36. Reserved.

CHAPTER VI.
RECORDING FEES; RECORDER'S DOCUMENT STORAGE SYSTEM

Sec. A14-37. Imposition of fee.

There is hereby imposed an additional fee of $1.00 for filing every instrument, paper or notice for record. This fee is imposed pursuant to the authority contained in Government Code § 27361.4.

(Ord. No. NS-300.337, § 1, 4-21-81)

Sec. A14-38. Use and limitation.

The proceeds of such fees shall be used to defray the cost of converting the County Recorder's document storage system to micrographics. Upon completion of the conversion and payment of the costs therefor, such additional fee shall no longer be imposed.

(Ord. No. NS-300.337, § 1, 4-21-81)

Secs. A14-39--A14-44. Reserved.

CHAPTER VII.
JURY FEES

Sec. A14-45. Reserved.

Editor's note--Section 1 of Ord. No. NS-300.420, adopted Oct. 20, 1987, repealed § A14-45, setting juror's fees at $10.00 per day, derived from Ord. No. NS-300.389, § 1, adopted Dec. 18, 1984. Fees are now set by state law as $5.00.

Sec. A14-46. Mileage for jurors.

The rate of mileage reimbursement shall be $0.15 per mile.

(Ord. No. NS-300.389, § 1, 12-18-84)

Sec. A14-47. Payment and reimbursement of jury fees.

(a) Payment and deposit of jury fees in civil cases remains the responsibility of the parties as provided by state law.

(b) The Superior Court Executive Officer or the Clerk of the Municipal Court may, pursuant to Code of Civil Procedure §§ 631.1 and 631.2, use County general funds for the purpose of advancing payment to jurors, provided that such funds are budgeted by the Board of Supervisors for this purpose and are fully reimbursed by the appropriate party.

(c) The Superior Court Executive Officer or the Clerk of the Municipal Court is authorized to bring any appropriate action on behalf of the County to recover payments of jury fees which have not been reimbursed or otherwise appropriately paid by the party liable therefor.

(Ord. No. NS-300.389, § 1, 12-18-84)

Secs. A14-48--A14-50. Reserved.

CHAPTER VIII.
RESTITUTION FEES

Sec. A14-51. Administration costs of collecting restitution.

A fee not to exceed ten percent of the total restitution ordered to the victim shall be added to cover the administrative cost of collecting restitution.

(Ord. No. NS-300.403, § 1, 9-9-86)

Secs. A14-52--A14-54. Reserved.

CHAPTER IX.
DISTRIBUTION FROM PARIMUTUEL WAGERS

Sec. A14-55. Election by County to receive.

Pursuant to Business and Professions Code § 19610.4, the County of Santa Clara elects to receive the allowable one-third of one percent from the total parimutuel wagers placed within any satellite wagering facility installed and operated on the County's fairgrounds property. This distribution shall be in lieu of any license or excise tax or fee, and the County shall provide ordinary and traditional municipal service in connection with racing events, such as police services and traffic control.

(Ord. No. NS-300.435, § I, 5-17-88)

CHAPTER X.
CRIMINAL JUSTICE ADMINISTRATIVE FEES*

State law reference(s)--Authority, Government Code § 29550.

Sec. A14-56. Establishment of fee.

(a) Pursuant to Government Code § 29550, the Board of Supervisors may impose a fee upon a city, special district, school district, community college district, college or university for reimbursement of County expenses incurred with respect to the booking or other processing of persons arrested by an employee of that city, special district, school district, community college district, college, or university, where the arrested persons are brought to the County jail for booking or detention. The fee shall not exceed the actual administrative costs, including applicable overhead costs, incurred in booking or otherwise processing arrested persons.

(b) The amount of the fee shall be determined from time to time by the Board of Supervisors by resolution which shall establish a fee schedule. Any increase in a fee charged pursuant to this section shall be adopted prior to the beginning of the County's fiscal year and may be adopted only after the County has provided 45 days written notice and conducted a public meeting in accordance with state law, unless the County is under a contractual agreement with the governmental entities subject to the fee.

(c) County jail facility means and includes any jail facilities in Santa Clara County operated by the Board of Supervisors through the Department of Correction.

(d) Pursuant to Government Code § 29550.2, the Board of Supervisors may impose a fee upon any person booked into a County jail by any governmental entity not specified in Paragraph (a) of this section if the person is convicted of any criminal offense relating to the arrest and booking. The fee shall be established as set forth in Paragraph (b) of this section.

(Ord. No. NS-300.470, § 2, 12-11-90; Ord. No. NS-300.492, § 2, 12-17-91; Ord. No. NS-300.511, § 2, 12-8-92; Ord. No. NS-300.526, 8-10-93; Ord. No. NS-300.563, § 1, 12-20-94; Ord. No. NS-300.657, § 1, 12-4-01)

Sec. A14-57. Billing.

For fiscal year 1991-92 each jurisdiction will be billed in January, April and July of 1992. The January billing shall cover the first half of fiscal year 1991-92 and shall be based upon the number of pretrial bookings attributable to the jurisdiction for that period in calendar year 1989, July through December. The April 1992 billing will have adjustments to reflect the actual number of bookings for the first half of fiscal year 1991-92 and also include actual third quarter bookings. The July bill will reflect actual bookings in the fourth quarter.

In succeeding fiscal years each jurisdiction will be billed quarterly for the activity that occurred in the previous quarter.

(Ord. No. NS-300.470, § 2, 12-11-90; Ord. No. NS-300.492, § 2, 12-17-91; Ord. No. NS-300.511, § 2, 12-8-92)

CHAPTER XI.
PROPERTY TAX ADMINISTRATION FEES*

Editor's note--Ord. No. NS-300.517, § 2, adopted Mar. 30, 1993, changed the title of this chapter from "Property Tax Administrative Fees" to "Property Tax Administration Fees."

State law reference(s)--Authority, Government Code §§ 25142, 51514 et seq.

Sec. A14-58. Establishment of fee.

(a) A fee is hereby imposed upon every incorporated city and every other local jurisdiction, including redevelopment agencies and special districts, receiving property tax revenues for which the County provides property tax assessment, collection and administrative services. The amount of the fee shall be proportionate to the property tax administrative costs incurred by the County which are attributable to each such entity.

(b) The Director of Finance shall calculate the actual amount of such fees for each fiscal year. The billing statement sent to each incorporated city and local jurisdiction pursuant to Section A14-59, below, shall include this calculation.

(Ord. No. NS-300.472, § 2, 1-29-91; Ord. No. NS-300.473, § 2, 4-9-91; Ord. No. NS-300.482, § 2, 6-11-91; Ord. No. NS-300.490, § 2, 11-19-91; Ord. No. NS-300.491, § 2, 12-17-91; Ord. No. NS-300.517, § 2, 3-30-93; Ord. No. NS-300.554, §§ I, II, 5-10-94)

Sec. A14-59. Billing.

(a) (i) For the fiscal year 1991-92, ending on June 30, 1992, the property tax assessment, collection and administration fees owed by incorporated cities and local jurisdictions shall be withheld by the County from the distribution of property tax revenues to those cities and local jurisdictions, as soon as this chapter becomes effective.

(ii) For fiscal year 1992-93, the property tax assessment, collection and administration fees owed by incorporated cities and local jurisdictions shall be withheld by the County from the distribution of property tax revenue to those cities and local jurisdictions on December 1, 1993, and April 1, 1994.

(iii) On December 1 and April 1 of each subsequent fiscal year, the property tax assessment, collection and administration fees owed by incorporated cities and local jurisdictions shall be withheld by the County from property tax revenue distribution to those cities and local jurisdictions.

(b) This chapter is an urgency measure necessary for the immediate preservation of public peace, health and safety and shall go into immediate effect. The facts constituting such necessity are that the County must immediately amend this chapter to ensure that it complies with the provisions of the recently enacted legislation.

(Ord. No. NS-300.472, § 2, 1-29-91; Ord. No. NS-300.473, § 2, 4-9-91; Ord. No. NS-300.482, § 2, 6-11-91; Ord. No. NS-300.490, § 2, 11-19-91; Ord. No. NS-300.491, § 2, 12-17-91; Ord. No. NS-300.517, § 2, 3-30-93)

CHAPTER XII.
VEHICLE IMPOUND/STORED RELEASE FEE*

Editor's note--Section 2 of Ord. No. NS-300.485, adopted Aug. 13, 1991, added § A14-56. Since previous legislation had added §§ A14-56--A14-59, the editor has included the provisions as Ch. XII, § A14-60.

Sec. A14-60. Impound/stored release fee.

A fee of $180.00 will be collected by the Sheriff's Office prior to providing a vehicle owner with documentation for the release of a vehicle impounded and/or stored that has been held by the Sheriff's Office for 30 days under California Vehicle Code Section 14602.6 and 14607.6.

A fee of $90.00 will be collected by the Sheriff's Office prior to providing a vehicle owner with documentation for the release of a vehicle impounded and/or stored by the Sheriff's Office under all other circumstances covered under the California Vehicle Code.

A mandatory fee of $75.00 will be collected by the Sheriff's Office from any tow company for any vehicle impounded and/or stored by the Sheriff's Office where a vehicle has not been released to the owner prior to disposition of the vehicle.

(Ord. No. NS-300.485, § 2, 8-13-91; Ord. No. NS-300.527, 8-10-93; Ord. No. NS-300.606, 10-21-97; Ord. No. NS-300.730, § 1, 6-22-04)

CHAPTER XIII.
MISCELLANEOUS CRIMINAL JUSTICE FEES

Sec. A14-61. Copies of incident/crime reports.

There is hereby established a fee of $25.00 per report to be collected by the Sheriff's office prior to providing copies of incident/crime reports to authorized persons. Fees will be waived for the first report copy request by a victim of a crime; however, if any additional copies are provided to the victim there will be a charge as set forth above. If the victim's insurance company or other authorized representative requests a report copy, they will be charged for the first and succeeding copies requested.

(Ord. No. NS-300.528, 8-10-93)

Sec. A14-62. Disturbance requiring a second police response.

This section establishes a fee for costs incurred where a disturbance occurs at a premises during a party or gathering which is determined by the Sheriff's office to constitute a threat to the public peace, health, safety or general welfare, and a second response by Sheriff's personnel to such disturbance is made. The fee shall be charged as allowed in the cost recovery for law enforcement services program established in Section A14-65 for each officer assigned to the second call. The Sheriff's personnel utilized during the second response shall be deemed to be on special security assignment over and above the services normally provided. The person or persons in charge of the premises and the person or persons responsible for the event, or if any of those persons is a minor, then the parents or legal guardians of that minor, shall be jointly and severally liable for the cost of providing Sheriff personnel, damage to County property, and injuries to County personnel on special security assignment.

This section is not intended to impose a requirement of a second response by Sheriff's personnel to a disturbance where a determination is made that termination of the disturbance is necessary on the first response to keep the peace and ensure the health, safety, and general welfare of the public.

(Ord. No. NS-300.529, 8-10-93; Ord. No. NS-300.714, § 1, 6-24-03)

Sec. A14-63. Proof of correction fees.

There is hereby established a fee of $15.00 for certification of correction of each citation that request inspection for proof of correction of violations pursuant to California Vehicle Code § 40616 by the Sheriff's office.

(Ord. No. NS-300.530, 8-10-93; Ord. No. NS-300.711, § 2, 6-3-03)

Sec. A14-64. Examination of local records fee.

There is hereby established a fee of $25.00 for examination of local records pursuant to California Penal Code § 13322. An individual is authorized to view his own local summary criminal history records pursuant to Penal Code § 13320 et seq. Fees are to be collected at the time that an application to review records is made and is nonrefundable.

(Ord. No. NS-300.531, 8-10-93)

Sec. A14-65. Cost recovery for law enforcement services.

There is hereby established a cost recovery program which authorizes the office of Sheriff to recover actual costs not to exceed the actual administrative costs, including applicable overhead costs as permitted by federal Circular A-87 standards for the following services:

(a) Services provided to others for local summary criminal history background checks pursuant to California Penal Code § 13300(f);

(b) Warrant processing services provided to other agencies that do not maintain their own warrants;

(c) Requests for sealing of certain criminal records authorized under California Penal Code § 1203.45(g), in an amount not to exceed $120.00;

(d) Latent fingerprint services including requests from other law enforcement agencies for specialized crime scene processing for fingerprints, examination of latent fingerprints;

(e) Background investigations, background checks, and site inspections for County permits or other permits requiring a background check be conducted by the Sheriff's office; and

(f) Any other services rendered above and beyond normal law enforcement services.

(Ord. No. NS-300.532, 8-10-93; Ord. No. NS-300.605, 10-21-97)

Sec. A14-66. Emergency response cost recovery program.

(a) Liability for emergency response. Any person who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug, whose negligent operation of a motor vehicle, boat or civil aircraft caused by that influence proximately causes any incident resulting in an appropriate emergency response by a County agency, and any person whose intentionally wrongful conduct proximately causes any incident resulting in an appropriate emergency response by a County agency, is liable for the expense of an emergency response by a public agency to the incident. "Emergency response" shall include incidents where emergency lights and sirens are used by Sheriff's patrol, medical or fire units responding to the incident.

(b) Amount of fee. Operators will be billed for costs directly arising because of the response to the particular incident including the costs of providing police, firefighting, rescue, and emergency medical services at the scene of the incident, as well as the salaries of the personnel responding to the incident. In no event shall a person's liability exceed $1,000.00 for a particular incident.

(Ord. No. NS-300.533, § 1, 8-10-93)

Sec. A14-67. Criminal justice fees.

(a) There is hereby established an administrative screening fee of $25.00 to be collected from each person arrested and released on his or her own recognizance upon conviction of any criminal offense related to the arrest other than an infraction.

(b) There is hereby established a citation processing fee in the amount of $10.00 to be collected from each person cited and released by any County officer or agent in the field or at a jail facility upon conviction of any criminal offense, other than an infraction, related to the criminal offense cited in the notice to appear.

(c) There is hereby established a criminal justice administration fee which will entitle the County to recover pursuant to Government Code § 29550(b), costs not to exceed the actual administrative costs, including applicable overhead costs a permitted by the federal Circular A-87 standards, incurred in booking or otherwise processing persons arrested by a County officer or agent at a Sheriff's booking facility and not at a County jail or detention facility if the person is convicted of any criminal offense related to the arrest.

(Ord. No. NS-300.534, 8-10-93)

Sec. A14-68. Establishment of transportation and personnel handling fee for decedents.

There is hereby established a fee of $150.00 which will entitle the County to recover actual costs incurred for the transportation and personnel handling of decedents pursuant to Section 27472 and Section 54985 of the Government Code.

(Ord. No. NS-300-602, § 2, 4-2-97; Ord. No. NS-300.717, § 1, 8-5-03)

Secs. A14-69, A14-70. Reserved.

CHAPTER XIV.
LIBRARY BENEFIT ASSESSMENT

Sec. A14-71. Purpose.

The benefit assessment levied under this chapter is solely for the purpose of raising revenue necessary to maintain and restore public library services in the County of Santa Clara Library Service Area.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, § 1, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-72. Election.

The assessment levied by this ordinance has been approved by nearly 69 percent of the votes cast by the voters voting on Advisory Measure A within the County of Santa Clara Library Service Area at the November 8, 1994, general election.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, § 1, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-73. Definitions.

For the purposes of this chapter, the following terms shall be defined as set forth below:

(a) County of Santa Clara Library Service Area shall mean the cities of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Milpitas, Monte Sereno, Morgan Hill, Saratoga, and the unincorporated area of the County.

(b) Library services shall mean all services and facilities provided by the Santa Clara County Library, including, but not limited to: acquiring, constructing, equipping, furnishing, staffing, operating, and maintaining real property, buildings, equipment, vehicles, and other facilities for the conduct of public library programs providing collection development and maintenance, lending services, informational services, and programs; acquiring books, magazines, newspapers, audio visual, electronic media, and other information materials; providing access to all available lending materials through direct loan, inter-library loan, literacy programs, electronic access, and other special service programs; providing information, recreation, and lifelong learning of all persons, and administrative and indirect costs of providing those services.

(c) Parcel shall be defined as any parcel of land in the Santa Clara County Library Service Area for which the County Assessor of Santa Clara County has assigned an assessor's identification number.

(d) Residential unit shall mean a building or portion of a building designed for or occupied exclusively by one family, including, but not limited to, single-family home, apartment, condominium or cooperative. Residential cooperatives which have not been subdivided into individual parcels shall be treated the same as condominiums in the application of the tax rate.

(e) Zone shall mean each area served by a library facility operated by the Santa Clara County Library.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, § 1, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-74. Type of assessment.

There is hereby levied a benefit assessment on all parcels in all zones of the Santa Clara County Library Service Area, except where parcels are otherwise exempt from the tax under this chapter.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, § 1, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-75. Legislative finding of benefit.

In levying this assessment, the Board of Supervisors finds and declares that the owners of parcels will derive an economic benefit from the library services provided from the proceeds of the assessment.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, § 1, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-76. Benefit value for differing land uses.

Different land use types benefit from library services to differing degrees. Properties which receive similar benefit levels are classified by land use type, according to County Land Use Codes, and receive the relative benefit values as indicated:

Land Use Type Code Benefit Value

1. Single family residential 1 1.00

2. Condominium/townhouse 6 1.00

3. Multi-family residential 2, 3, 4 0.50

4. Other residential (mobile homes, trailer parks, camps, etc.) 5, 7, 8, 9, 67, 79 0.50

5. Retail 50, 51, 52, 53, 54, 55, 56, 57, 58 0.50

6. All non-retail type business 10--40, 59, 60, 61, 62, 63, 64, 65, 70, 72, 73, 75 0.75

7. Miscellaneous vacant land (undeveloped, agricultural, etc.) 66, 69, 78, 87, 88, 90, 91, 92, 93, 94, 96, 97, 99 0.20

8. Exempt (public schools, churches, parks, playgrounds, public buildings, vacant public land, etc.) 41, 42, 71, 74, 76, 77, 81, 82, 83, 84, 85, 86, 89, 95, 98 0.00

9. Transportation and utilities (privately operated) 43, 44, 45, 46 0.50

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98)

Sec. A14-77. Benefit units of measure.

In relating the benefit value derived from library service to each land use type, a basic unit of measure for each land is established. This basic unit of measure shall be in accordance with information obtained from the assessor's roll.

Land Use Unit of Measure

All residential uses 1 dwelling unit

Retail 0.2 acres (5 BU's/ac.)

Non-retail commercial 0.1 acres (10 BU's/ac.)

Retail/non-retail commercial (inactive) 1 unit

All vacant uses 1 acre

Transportation/utilities 0.2 acres (5 BU's/ac.)

In levying assessments for nonresidential parcels, properties will be rounded to the nearest unit of measure (for example, retail parcels which are 0.5 acres will be assessed as 0.6 acres).

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-78. Maximum benefit levels.

The maximum benefit units and acreage which may be assigned for each non-residential parcel is as follows:

Land Use Max. Benefit Units/Parcel Maximum Acres

Retail 150 30

Non-retail commercial 300 30

Vacant land (all uses) 10 10

Transportation/utilities 150 30

All residential uses will be assessed on a per dwelling unit basis with no maximum limit.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-79. Maximum for multiple non-residential parcels in common ownership.

An owner of multiple non-residential parcels engaged in the same business under common ownership may claim a refund of payments made in excess of the maximum (300 benefit unit) assessment.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-80. Calculation of assessment.

The formula for calculating per parcel assessments is as follows:

A. Benefit Value Benefit Units = Benefits Points

B. Benefit Points Base Assessment Level = Assessment for Property

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-81. Base assessment level.

The base assessment level for fiscal year 2004/2005 shall be $33.66.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99; Ord. No. NS-300.636, § 1, 5-23-00; Ord. No. NS-300.651, § 1, 6-5-01; Ord. No. NS-300.668, § 1, 8-6-02; Ord. No. NS-300.713, § 1, 6-3-03; Ord. No. NS-300.728, § 1, 6-8-04)

Sec. A14-82. Maximum annual increase.

The base assessment may not be increased by more than two percent annually; except that, upon approval of a city, the base may be increased in a particular zone to provide for enhanced services to the owners of parcels in that city.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-83. Collection.

The assessment shall be collected in the same manner as ordinary County ad valorem property taxes are collected and shall be subject to the same penalties and same procedure and sale in case of delinquency as provided by such taxes. All laws applicable to the levy, collection and enforcement of County ad valorem property taxes shall be applicable to such assessment.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-84. Duration of tax.

The assessment imposed by this chapter became effective on July 1, 1995, for a period of ten years thereafter. The rate set forth in A14-81 shall be effective on July 1, 2002.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99; Ord. No. NS-300.636, § 2, 5-23-00; Ord. No. NS-300.651, § 2, 6-5-01; Ord. No. NS-300.668, § 2, 8-6-02)

Sec. A14-85. Refunds.

Whenever the amount of any tax, penalty, or interest has been mistakenly paid more than once, or has been erroneously collected or received by the County, it may be refunded provided a verified claim in writing, stating the specific ground upon which such claim is founded, is filed with the County Librarian within four years from the date of payment. The County Librarian or his or her designee, shall submit a report and substantiating documentation to the Auditor-Controller, or his or her designee, requesting that such officer make the correction and initiate an appropriate refund.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-86. Severance clause.

If any section, subsection, sentence, phrase or clause of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this chapter.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-87. Regulations.

The County Librarian and County Tax Collector may adopt reasonable consistent rules to explain, interpret, and implement this chapter.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

Sec. A14-88. Withdrawal of city.

If a city withdraws from the services of the County library, the assessment shall terminate within the city according to the provisions of Education Code § 19104 or 19105.

(Ord. No. NS-300.564, § 1, 12-20-94; Ord. No. NS-300.585, 6-4-96; Ord. No. NS-300.616, § 1, 6-9-98; Ord. No. NS-300.628, § 1, 6-8-99)

CHAPTER XV.
MITIGATION FEES FOR OTHER PUBLIC ENTITIES*

Editor's note--Ord. No. NS-300.733, § 1, adopted September 28, 2004, amended the Code by adding provisions designated as a new Ch. XV, §§ A14-89--A14-91, to read as herein set out. See also the Code Comparative Table.

Sec. A14-89. Purpose.

The purpose of this chapter is to establish requirements that must be met before the county or any of its departments, agencies, officials or employees may agree to adopt or otherwise administer mitigation fees on behalf of another public entity.

(Ord. No. NS-300.733, § 1, 9-28-04)

Sec. A14-90. Agreement.

Before the county or any of its departments, agencies, officials or employees may adopt mitigation fees on behalf of another public entity or provide related administrative services, there must be a written agreement between the county and the public entity that describes the rights and duties of the respective parties. The agreement must comply with all provisions of this chapter. The County Executive is authorized to execute such agreements on behalf of the County after the agreement has been reviewed and approved as to form and legality by the office of the county counsel.

(Ord. No. NS-300.733, § 1, 9-28-04)

Sec. A14-91. Indemnity and defense.

Any public entity for whom the county agrees to collect mitigation fees must agree to indemnify, defend and hold harmless the county and its officers, agents and employees from any claim, action or proceeding that arises from or is in any way related to the mitigation fees.

(Ord. No. NS-300.733, § 1, 9-28-04)

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