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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)

CHAPTER XVI.
EMERGENCY RESPONSE AND DISASTER PREPAREDNESS

Sec. A14-92. Title/purpose.

(a) In order to ensure and improve the performance of the County's 911 Communications System, and to prepare for or minimize the effects of a hazard upon the civilian population, to deal with the immediate emergency conditions which would be created by the hazard, and to effectuate emergency repairs to, or the emergency restoration of, vital utilities and facilities destroyed or damaged by the hazard, the County must impose a fee. This chapter shall be known as "Emergency Response and Disaster Preparedness," and the fee imposed by this chapter shall be known as the "Santa Clara County Emergency Response and Disaster Preparedness Fee."

(b) The purpose of this ordinance is to require subscribers to telephone service in the incorporated and unincorporated areas of the County, who have direct or indirect access to County emergency response and disaster preparedness services through the County's 911 Communications System, to pay a fee which is directly related to the benefit subscribers derive from the improvements to, and operation of, the County's 911 Communications System; and from County activities and measures designed or undertaken to prepare for or minimize the effects of a hazard upon the civilian population, to deal with the immediate emergency conditions which would be created by the hazard, and to effectuate emergency repairs to, or the emergency restoration of, vital utilities and facilities destroyed or damaged by the hazard that will be financed by fee revenues.

(c) The Santa Clara County Emergency Response and Disaster Preparedness Fee is the most practical and equitable revenue mechanism to finance the acquisition of land, construction of facilities, purchase of materials, supplies, medicines, equipment, software, component parts and technical information and processes, personnel and services necessary to: (1) provide an adequate and reliable 911 Communications System; and (2) prepare for or minimize the effects of a hazard upon the civilian population, to deal with the immediate emergency conditions which would be created by the hazard, and to effectuate emergency repairs to, or the emergency restoration of, vital utilities and facilities destroyed or damaged by the hazard.

(d) The fee imposed by the provisions of this chapter is intended solely to provide revenue for eligible operating costs and eligible project costs as defined in this chapter. Fee revenues shall be deposited by the Finance Director in the Santa Clara County Emergency Response and Disaster Preparedness Fee Fund established pursuant to Section A14-101. The provisions of this chapter are not enacted for general revenue purposes.

(Ord. No. NS-300.788, § 1, 2-12-08)

Sec. A14-93. Definitions.

Except where the context or particular provisions require otherwise, the following definitions shall govern the construction of this chapter.

911 Communications System means an enhanced emergency telephone service which automatically connects a person dialing the digits 9-1-1 to an answering point established within the County, and incorporates all aspects of the call delivery system, the call processing system and the call dispatch system, including, but not limited to, selective routing, automatic number identification (ANI), automatic location identification (ALI), and wireless 911. "911 Communications System" includes the functions of the County's emergency communications center; however, it does not include the Office of the Sheriff, or any fire protection agency or ambulance company which responds to requests for assistance by traveling to a site to which they are dispatched as a result of an emergency call.

Access line means any connection from a subscriber location within the County to a provider of local telephone service offered to the public for compensation. Within the meaning of this chapter, and without limitation, access line includes connections providing residential basic exchange service, business basic exchange service, private branch exchange (PBX) service, foreign exchange service, and Centrex service. Access line also includes voice and data transmit/receive capability from an individual wireless device using a commercial mobile radio service as defined in Section 20.3 of Title 47 of the Code of Federal Regulations, as in effect on October 1, 2007, which has as its "place of primary use," as defined in the Federal Mobile Telecommunications Sourcing Act, 4 U.S.C. 124(8), a location within the County. Access line shall not include wireless access where the subscriber can demonstrate to the County's satisfaction that the subscriber does not use the wireless access to send or receive any telephone calls within the County; and access line shall not include any connection from a subscriber location within the County to a local telephone service supplier if the subscriber can demonstrate to the County's satisfaction that the subscriber for any reason cannot use that connection for purposes of two-way telephony to dial the digits 9-1-1 to reach a 911 communications system within the County.

Disaster preparedness means all those activities and measures designed or undertaken to prepare for or minimize the effects of a hazard upon the civilian population, to deal with the immediate emergency conditions which would be created by the hazard, and to effectuate emergency repairs to, or the emergency restoration of, vital utilities and facilities destroyed or damaged by the hazard. Disaster preparedness includes:

(1) Measures to be undertaken in preparation for anticipated hazards (including the establishment of appropriate organizations, operational plans, and supporting agreements, the recruitment and training of personnel, the conduct of research, the procurement and stockpiling of necessary materials and supplies, the provision of suitable public notification and warning systems, the distribution of mass prophylaxis medications, the construction or preparation of shelters, shelter areas, and control centers, and, when appropriate, the non-military evacuation of the civilian population).

(2) Measures to be undertaken during a hazard (including the enforcement of passive defense regulations prescribed by duly established military or civilian authorities, the evacuation of personnel to shelter areas, the control of traffic and panic, and the control and use of lighting and civil communications).

(3) Measures to be undertaken following a hazard (including activities for fire fighting, rescue, emergency medical, health and sanitation services, monitoring for specific dangers of special weapons, unexploded bomb reconnaissance, essential debris clearance, emergency welfare measures, and immediately essential emergency repair or restoration of damaged vital facilities).

(4) Materials (including raw materials, supplies, medicines, equipment, component parts and technical information and processes necessary for emergency preparedness).

(5) Facilities (including buildings, shelters, utilities and land).

Eligible operating costs means the portion of County Operating Costs reflecting the benefit estimated to be provided (1) by operation of the County's 911 Communications System, and (2) by preparing for or minimizing the effects of a hazard upon the civilian population, to deal with the immediate emergency conditions which would be created by the hazard, and to effectuate emergency repairs to, or the emergency restoration of, vital utilities and facilities destroyed or damaged by the hazard to telephone subscribers who are required to pay the fee imposed by the provisions of the chapter on access lines, trunk lines and high capacity trunk lines subject to the fee. Eligible operating costs shall not include exempt operating costs.

Eligible project costs means the portion of project costs reflecting the benefit estimated to be provided by the project to telephone subscribers who are required to pay the fee imposed by the provisions of this chapter on access lines, trunk lines and high capacity trunk lines subject to the fee. Eligible project costs shall not include exempt project costs.

Exempt operating costs means the portion of operating costs reflecting the benefit estimated to be provided by operation of the 911 Communications System to telephone subscribers who are exempted from the fee by Section A14-96 of this chapter or are otherwise not required to pay the fee imposed by the provisions of this chapter.

Exempt project costs means the portion of project costs reflecting the benefit estimated to be provided by the project to telephone subscribers who are exempted from the fee by Section A14-96 of this chapter or are otherwise not required to pay the fee imposed by the provisions of this chapter.

Fee means the Santa Clara County Emergency Response and Disaster Preparedness Fee imposed under the provisions of this chapter.

Hazard means an emergency or disaster resulting from (1) a natural disaster, or (2) an accidental or man-caused event. "Hazard" includes events declared to be a local emergency, state of emergency, state of war emergency, or federal emergency or major disaster.

High capacity trunk line means a trunk line with a capacity of at least 24 channels over a high capacity service, such as a 1.544 Mb, T-1 or integrated services digital network (ISDN) primary rate interface (PRI) line.

Lifeline service means discounted telephone service available to eligible low-income residential customers.

Local emergency means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as, environmental disasters, air pollution, fire, flood, storm, epidemic, riot, earthquake, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment and facilities of the County and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage that requires extraordinary measures beyond the authority vested in the California Public Utilities Commission within the meaning of Government Code Section 8558(c) and Ordinance Code Section A8-3.

Local telephone service means access to a local telephone system, providing two-way telephonic quality communication with substantially all persons having telephone or radio telephone stations constituting a part of such local telephone system, whether or not such service uses transmission wires. "Local telephone service" shall also include service provided through any technology currently existing or that may exist in the future, allowing a person within the incorporated or unincorporated areas of the County direct or indirect access to the County's 911 Communications System using that technology. For purposes of the fee, a person shall be construed to subscribe to "local telephone service" within the County of Santa Clara if he or she has a "place of primary use" as such term is defined in the Mobile Telecommunications Sourcing Act, 4 U.S.C. Section 124(8), within the geographic boundaries of the County with direct or indirect access to the County's 911 Communications System. "Local Telephone Service" shall not include land mobile services or maritime mobile services as defined in Section 2.1 of Title 47 of the Code of Federal Regulations, as that Section existed on January 1, 1970. Local Telephone Service shall also include wireless and voice over internet protocol telephone service.

Major disaster means any natural catastrophe (including any hurricane, tornado, storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the County of Santa Clara, which in the determination of the President of the United States causes damage of sufficient severity and magnitude to warrant major disaster assistance under the Stafford Act to supplement the efforts and available resources of local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby within the meaning of 42 U.S.C. Section 5122(2).

Operating costs means any costs to operate, repair or maintain the 911 Communications System, including, but not limited to, costs for personnel, planning, training, software and hardware maintenance and upgrades, facility maintenance and repair, depreciation, equipment replacement, technical infrastructure, attorneys' fees and all other direct and indirect costs incurred by the County in providing 911 emergency communications services. Operating costs also means any costs to prepare for or minimize the effects of a hazard upon the civilian population, to deal with the immediate emergency conditions which would be created by the hazard, and to effectuate emergency repairs to, or the emergency restoration of, vital utilities and facilities destroyed or damaged by the hazard (including, but not limited to, personnel; planning; training; research; procurement and stockpiling of materials and supplies; distribution of mass prophylaxis medications; implementation of public notice and emergency warning systems; evacuation of the civilian population; control of traffic and panic; control and use of lighting and civil communications; construction or preparation of shelters, shelter areas, and control centers; fire fighting; search and rescue; emergency medical; health and sanitation services; monitoring for specific dangers of special weapons; unexploded bomb reconnaissance; essential demolition and debris clearance; emergency welfare measures; essential emergency repair or restoration of damaged vital facilities; materials; supplies; medicines; equipment; component parts and technical information; facilities; land; and utilities.)

Pandemic means a global outbreak of disease that occurs when an entirely new subtype of viral disease appears or emerges, to which the population has no immunity because the subtype has either never circulated among people or has not circulated for a long time. Pandemic virus causes serious illness and then spreads easily from person to person worldwide.

Project costs include, but are not limited to, any direct and indirect costs of acquiring, refinancing and installing computerized call delivery processing and dispatch equipment and software, a public notification and warning system, regional radio interoperability equipment, and costs associated with housing the County's 911 Communications System, equipment and staff in facilities appropriate for providing 911 emergency communications services, including any debt service payments. Project costs also include, but are not limited to, direct and indirect costs of measures to be undertaken in preparation for anticipated hazards such as establishment of organizations and operational plans, stockpiling of materials, supplies, medicines and equipment, and acquisition and financing of warning systems, shelters, control centers, storage facilities, utilities and land, including debt service payments.

Service location means the premises of a telephone subscriber at which a working service point or primary station set provides the subscriber with basic exchange service and to which extension services are charged. One or more parcels of real property, which are contiguous or separated only by public streets or rights-of way, and are under the common control of a single telephone subscriber, shall be considered a single service location for the purpose of implementing the annual fee cap established in Section A14-97 of this chapter. For wireless telephone service, "service location" is the "place of primary use," as such term is defined in the Mobile Telecommunications Sourcing Act, 4 U.S.C. Section 124(8) within the geographic boundaries of the County of Santa Clara served by the County's 911 Communications System.

Service supplier means any person supplying local telephone service to any telephone subscriber pursuant to authority granted by the California Public Utilities Commission or the Federal Communications Commission, at a location within the County of Santa Clara. Service suppliers may include, without limitation, local exchange carriers, inter-exchange carriers, competitive access providers, cable television providers offering telecommunications services, wireless telephone service providers, voice over internet protocol service suppliers and any other entity offering direct connections between their premises and the premises of telephone subscribers. Service supplier also includes any person supplying local telephone service who is exempt from California Public Utilities Commission or Federal Communications Commission regulation.

State of emergency means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency," which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, within the meaning of Government Code Sections 8558 and 8614 and Ordinance Code Section A8-3.

State of war emergency means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this State or nation is attacked by an enemy of the United States, or upon receipt by the State of a warning from the federal government indicating that such an enemy attack is probable or imminent within the meaning of Government Code Sections 8558 and 8614 and Ordinance Code Section A8-3.

Telephone corporation shall have the same meaning as defined in Section 234 of the California Public Utilities Code or the most comparable successor definition. It also includes any person or corporation providing wireless telephone service to any telephone subscriber.

Telephone subscriber means any person who receives local telephone service or its function.

Trunk line means a line between a service supplier's switching device and a private branch exchange (PBX) or automatic call distributing (ACD) system, or other similar device, at a telephone subscriber location. Notwithstanding the foregoing, "trunk line" does not include any line between a service supplier's switching device and a private branch exchange (PBX), automatic call distributing (ACD) system, or other similar device, at a telephone subscriber location, if the telephone subscriber can demonstrate to the County's satisfaction that the subscriber cannot use the line to dial the digits 9-1-1 to access, directly or indirectly, the County's 911 Communications System.

Wireless telephone service means voice and data transmit/receive capability from an individual wireless device using a commercial mobile radio service as defined in Section 20.3 of Title 47 of the Code of Federal Regulations, as in effect on October 1, 2007, which has as its "place of primary use," as defined in the Federal Mobile Telecommunications Sourcing Act, 4 U.S.C. Section 124(8), a location within the County.

(Ord. No. NS-300.788, § 1, 2-12-08)

Sec. A14-94. Findings.

(a) The County's 911 Communications System provides direct and indirect access to emergency services and disaster preparedness services for telephone subscribers. The life-saving importance of an up-to-date and modernized emergency communications system was acknowledged by the Federal government's September 11 Commission, which found that existing deficiencies in the New York City emergency communications system resulted in an impaired response. Telephone subscribers in Santa Clara County derive significant benefit from ongoing operation of a modernized, integrated, emergency communications system; and will benefit from maintaining and upgrading the system so it operates at a state-of-the-art level. A portion of the costs associated with operating, maintaining and upgrading the County's 911 Communications System and facilities should be allocated among all telephone subscribers who reap this significant benefit.

(b) The importance of local government's disaster preparedness was acknowledged in the Federal government's report entitled The Federal Response to Hurricane Katrina: Lessons Learned, February 2006 ("Report"). The Report concluded that "today there is a national consensus that we must be better prepared to respond to events like Hurricane Katrina. While we have constructed a system that effectively handles the demands of routine, limited, natural and man-made disasters, our system clearly has structural flaws for addressing catastrophic incidents. But we as a Nation - Federal, State, and local governments; the private sector; as well as communities and individual citizens - have not developed a shared vision of or commitment to preparedness: what we must do to prevent (when possible), protect against, respond to, and recover from the next catastrophe. Without a shared vision that is acted upon by all levels of our Nation and encompasses the full range of our preparedness and response capabilities, we will not achieve a truly transformational national state of preparedness."

(c) The Report noted that disaster preparedness encompasses communications, logistics and evacuation, search and rescue, public safety and security, public health and medical support, human services, mass care and housing, public communications, critical infrastructure and impact assessment, environmental hazards and debris removal, training, exercises and citizen and community preparedness.

(d) The Report noted that the Federal government's "Interim National Preparedness Goal, March 2005" provides: "National preparedness involves a continuous cycle of activity to develop the elements (e.g., plans, procedures, policies, training, and equipment) necessary to maximize the capability to prevent, protect against, respond to, and recover from domestic incidents, especially major events that require coordination among an appropriate combination of Federal, State, local, tribal, private sector, and non-governmental entities, in order to minimize the impact on lives, property, and the economy."

(e) Every telephone access line can independently provide direct or indirect access to the County's 911 Communications System or disaster preparedness services. Apportioning Operating Costs and Project Costs on a per line basis fairly distributes these costs according to the benefit telephone subscribers derive from availability of, access to, and use of a modernized County 911 Communication System; as well as activities and measures taken to prepare for and minimize the effects of hazards upon the civilian population, to deal with the immediate emergency conditions which would be created by the hazard, and to effectuate emergency repairs to, or the emergency restoration of, vital utilities and facilities destroyed or damaged by the hazard.

(f) Subscribers who maintain trunk lines and high-capacity trunk lines derive more benefit, in terms of access to emergency communication service, from each telephone line than other subscribers and should pay a higher fee. Based on information from the California Public Utilities Commission, the Federal Communications Commission and accepted telecommunications industry line-to-trunk equivalency, the County Board of Supervisors finds that, on average, a trunk line can provide up to 7.5 times the benefit provided by a single access line, and a high-capacity trunk line can provide up to 180 or more times the benefit provided by a single access line; however, in the County's experience, high-capacity trunks generally are not in use at full capacity. The Board further finds that the rate charged to trunk lines should be set at 7.5 times the rate per single access line, and the rate charged to high-capacity trunk lines should be set at 24 times the rate per single access line. Monthly fees charged to high-capacity trunk lines shall not exceed $25.00. The Board of Supervisors shall from time to time adjust the amount and/or rate of any fees charged to reflect increases in Eligible Operating Costs and Eligible Project Costs.

(g) Eligible Operating Costs and Eligible Project Costs reflecting the benefit estimated to be provided by operation of the County's 911 Communications System to telephone subscribers who are subject to the fee may be financed from fee revenues. Eligible Operating Costs and Eligible Project Costs reflecting the benefit estimated to be provided by operation of the County's 911 Communication System to telephone subscribers who are exempted from the fee may not be financed from fee revenues. In addition, revenue shortfalls due to the $10,000.00 annual cap on fees for non-exempt subscribers must be financed from other revenues.

(h) Based on information from service suppliers, the California Public Utilities Commission and the Federal Communications Commission, the County estimates that 2,578,783 access lines, including trunk lines and high-capacity trunks equivalent to 232,269 lines, serve subscribers to local telephone service within the County, and 250,628 or approximately ten percent of the 2,578,783 lines providing local telephone service in the County will be exempt from the fee.

(Ord. No. NS-300.788, § 1, 2-12-08)

Sec. A14-95. Imposition of Santa Clara County Emergency Response and Disaster Preparedness Fee.

(a) There is hereby imposed a Santa Clara County Emergency Response and Disaster Preparedness Fee on every non-exempt subscriber to local telephone service, as defined in this chapter, which provides direct or indirect access to the County's 911 Communications System and its emergency response and disaster preparedness services.

(b) Only one payment of the fee herein imposed shall be required for any single access line, trunk line or high-capacity trunk line, notwithstanding that access lines of more than one telephone corporation are used in furnishing local telephone service to a telephone subscriber.

(c) Revenues generated by the Santa Clara County Emergency Response and Disaster Preparedness Fee shall be deposited in the Emergency Response and Disaster Preparedness Fee Fund authorized by Section A14-101 and shall be used exclusively to pay for Eligible Operating Costs and Eligible Project Costs, including those accruing before adoption of this ordinance.

(Ord. No. NS-300.788, § 1, 2-12-08)

Sec. A14-96. Exemptions.

Nothing in this chapter shall be construed as imposing a fee upon the access lines of:

(a) A lifeline services customer of a service supplier;

(b) Coin-operated telephones;

(c) A non-profit hospital which is exempt from federal income tax under Section 501(a) of the United States Code;

(d) A non-profit educational organization which is exempt from income tax under Section 501(a) of the United States Code;

(e) Any person, agency or organization, when imposition of such fee upon that person, agency or organization would violate the Constitution of the United States, the Constitution of the State of California, or preemptive federal or state law;

(f) A government entity; or

(g) A service supplier.

(Ord. No. NS-300.788, § 1, 2-12-08)

Sec. A14-97. Fee schedule.

(a) The emergency response portion of the fee shall be proportionate to eligible operating costs and eligible project costs reflecting the benefit estimated to be provided by operation of the County's 911 Communications System. The disaster preparedness portion of the fee shall be a flat fee reflecting the benefit estimated to be provided by preparing for or minimizing the effects of a hazard upon the civilian population, to deal with the immediate emergency conditions which would be created by the hazard, and to effectuate emergency repairs to, or the emergency restoration of, vital utilities and facilities destroyed or damaged by the hazard.

(b) The schedule of monthly fees per type of line imposed by the provisions of this chapter to cover all eligible operating costs and eligible project costs are:

Jurisdiction Access Line Trunk Line High Capacity Trunk

Campbell 0.44 3.30 10.56

Cupertino 0.58 4.35 13.92

Gilroy 0.24 1.80 5.76

Los Altos 0.39 2.93 9.36

Los Altos Hills 0.60 4.50 14.40

Los Gatos 0.46 3.45 11.04

Milpitas 0.26 1.95 6.24

Monte Sereno 0.30 2.25 7.20

Morgan Hill 0.40 3.00 9.60

Mountain View 0.27 2.03 6.48

Palo Alto 0.20 1.50 4.80

San Jose 0.27 2.03 6.48

Santa Clara 0.28 2.10 6.72

Saratoga 0.56 4.20 13.44

Sunnyvale 0.26 1.95 6.24

Unincorporated 1.01 7.58 24.24

(c) No business telephone subscriber with one or more locations in Santa Clara County shall be required to pay aggregate fees in excess of $10,000.00 per calendar year. The cost of wireless telephone services shall not be considered for purposes of the fee cap established by this subsection. The amount of the cap established by this subsection shall be adjusted annually by the Consumer Price Index: All Urban Consumers in the San Francisco/Oakland/San Jose area for All Items as reported by the United States Bureau of Labor Statistics.

(Ord. No. NS-300.788, § 1, 2-12-08)

Sec. A14-98. Annual report.

(a) No later than October first of each year, the County Executive or designee shall estimate the percentage of direct and indirect access lines by type that were subject to payment of the fee during the immediately prior fiscal year. This percentage shall be identified as the percentage of operating costs and project costs that are eligible operating costs and eligible project costs for the following fiscal year. The County Executive or designee shall also estimate the percentage of lines exempt from the fee.

(b) No later than October first in each odd numbered year, the County Executive or designee will evaluate information from industry sources, regulatory bodies and County experience to determine whether the fee rates continue to reasonably reflect the estimated increased access to the County's 911 Communications System provided to trunk line and high-capacity trunk line subscribers relative to direct and indirect access line subscribers. If the County Executive, based on that information, determines that the fee rate for trunk lines or high-capacity trunk lines no longer reasonably reflects the estimated increased access to the County's 911 Communications System provided to those subscribers, he or she shall recommend to the Board of Supervisors an amendment to the fee rate for trunk lines or high-capacity trunk lines reflecting the new information.

(Ord. No. NS-300.788, § 1, 2-12-08)

Sec. A14-99. Fee billing and collection.

(a) The fee imposed by this chapter shall be billed to the telephone subscribers by the service supplier with its regular bill or as otherwise in accordance with the service supplier's normal billing procedures; and service suppliers shall collect such fees as are remitted from telephone subscribers so billed on behalf of the County.

(b) The fee required to be collected by service suppliers under this chapter shall be added to and stated separately as the "Santa Clara County Emergency Response and Disaster Preparedness Fee" on billings by service suppliers whose billing systems as presently configured are capable of such billing; and the Finance Director may enter into such administrative agreements as may be required to accommodate appropriate billing of the fee as provided in Section A14-110. Where authorized by federal or state law, the Finance Director may require reasonable modifications to a service supplier's billing system to accommodate requirements of this subsection, provided an administrative agreement for recovery of all one-time costs incurred by the service supplier to comply is executed as allowed by Section A14-110.

(c) The charge identified as the Santa Clara County Emergency Response and Disaster Preparedness Fee shall include only the amount authorized by this chapter, and shall not include any additional charges or fees which may be imposed by the service supplier to recover the cost of collecting the fee.

(d) The service supplier may assess a service charge of up to one-eighth of one percent of the fee actually collected by the service supplier and remitted to the County, or such amount as may be agreed upon by the County and the service supplier in an administrative agreement approved in accordance with Section A14-110. The service charge may be deducted from the fee revenues remitted to the County at the time of remission.

(e) The duty to collect the fee from a telephone subscriber shall commence with the effective date of this chapter. The Finance Director shall provide service suppliers with written notice of their responsibility to bill, collect and remit the fees. Service suppliers shall commence billing the fee upon the first billing date after receipt of written notice from the County, or within the time specified within the notice, whichever is longer.

(f) Nothing in the chapter is intended to regulate the ability of a service supplier to recover any costs of collecting the fee imposed under this chapter, to the extent that such recovery may be authorized by state or federal law.

(Ord. No. NS-300.788, § 1, 2-12-08)

Sec. A14-100. Fee payment.

(a) Fee revenues remitted to service suppliers by telephone subscribers shall be held in trust for the County, and service suppliers shall remit the revenues collected to the County Finance Agency on a monthly basis on or before the last day of the month following month in which they were collected.

(b) In the event a telephone subscriber makes partial payment of the total charges billed for service and the fees which have accrued for the billing period, absent express written direction by the telephone subscriber identifying those charges in dispute, such partial payment shall be applied to satisfy, in order: (1) charges due to the service supplier for services and products; (2) applicable federal, state, and local sales and use taxes; (3) authorized pass through expenses, costs and other charges for which the service supplier may be directly liable for payment to federal and state governments including, but not limited to, universal service fee (USF) charges; and (4) charges for which service providers are acting as mere conduits for collection and remittance including, the Santa Clara County Emergency Response and Disaster Preparedness Fee.

(c) Service suppliers shall pursue the normal course of collection efforts for deficiencies in payment of the fee by telephone subscribers; provided, however, that nothing in this section shall impose any duty on a service supplier to take any legal action to enforce the collection of the fee. The telephone subscriber shall not be relieved of the duty to pay the fee to the service supplier in any dispute of other items billed except in cases in which the dispute arises from claims of interruption or impairment of service on the access line on which the fee under this chapter is assessed.

(d) Nothing in this chapter is intended to regulate the ability of a service supplier to recover any costs of collecting the fee imposed under this chapter, to the extent such that recovery may be authorized by state or federal law.

(Ord. No. NS-300.788, § 1, 2-12-08)

Sec. A14-101. Emergency response and disaster preparedness fee fund.

(a) The emergency response and disaster preparedness fee fund is hereby established to receive all monies collected pursuant to this chapter, and any other monies transferred into the fund.

(b) Monies collected pursuant to this chapter shall be used solely for payment of eligible operating costs, and eligible project costs as defined in this chapter, and such other costs as the Board of Supervisors may from time to time approve.

(c) Expenditures from the fund shall be made upon the recommendation of the County Executive or designee. Expenditures and encumbrances from this fund shall be subject to the budget and fiscal provisions of the County.

(Ord. No. NS-300.788, § 1, 2-12-08)

Sec. A14-102. Liability for fee.

(a) Any fee required to be paid by a telephone subscriber under the provisions of this chapter shall be deemed a debt owed by the telephone subscriber to the County until it has been paid to the County, except that payment to a service supplier is sufficient to relieve the subscriber from further liability for the fee.

(b) Any fee required to be collected under the provisions of this chapter shall be deemed a debt owed to the County of Santa Clara by the person required to collect and remit such fee.

(c) So long as a service supplier charges the applicable fee to every non-exempt subscriber to local telephone service, makes a good faith effort to collect the fee, and remits all fees paid by such non-exempt subscribers to the County, nothing in this subsection shall impose any duty on a service supplier to take any legal action to enforce the collection of the fee. However, whenever a service supplier remits funds collected as a Santa Clara County Emergency Response and Disaster Preparedness Fee to the County, the service supplier shall also provide the County with the name and address of any telephone subscriber refusing or failing to pay the fee for a period of four or more billing periods and shall state the amount of such fee remaining unpaid. A service supplier, after providing the required information, shall be relieved of any further duty under this chapter for billing and attempts to collect uncollected fees from the telephone subscribers identified. The Finance Director shall assume any responsibility to collect the fees due for the stated periods and may demand payment of such fees from the telephone subscriber.

(d) A service supplier shall be obligated to bill and remit fees collected consistent with the provisions of Section A14-99. In the event a service supplier willfully refuses to bill the fees or remit the fees collected in due course, the service supplier shall be liable to the County in the amount of the fees that were to be collected, as determined by the controller/treasurer pursuant to Section A14-104.

(e) Any person owing money to the County under the provisions of this chapter shall be liable to an action brought in the name of the County for the recovery of such amount.

(f) In connection with any actions or claims relating to or arising from the alleged invalidity of the fee, in whole or in part, the service supplier shall not be liable to any customer as a consequence of collecting the fee.

(Ord. No. NS-300.788, § 1, 2-12-08)

Sec. A14-103. Registration, reporting and remitting.

(a) Each service supplier providing local telephone service to telephone subscribers within the County, who have direct or indirect access to the County's 911 Communications System emergency response and disaster preparedness services, shall register with the Finance Director upon a form prescribed by the Finance Director and shall set forth the name under which the service supplier transacts or intends to transact business, the service supplier's registered agent for process, or such other agent the service supplier designates, to whom notices pursuant to this chapter shall be directed, and such other information as the Finance Director may require.

(b) Each service supplier shall, on or before the last day of each month, make a return to the controller/treasurer, on forms provided by the Finance Director, stating the amount of fees collected by the service supplier during the preceding month. At the time the return is filed, the full amount of the fee collected shall be remitted to the Finance Director. The Finance Director may require additional readily attainable information in the return. Returns and remittances are due immediately upon cessation of business for any reason.

(c) Service suppliers shall maintain records of fees collected and remitted to the County for a period of at least three years after the date the fee is remitted.

(Ord. No. NS-300.788, § 1, 2-12-08)

Sec. A14-104. Interest and penalties.

(a) Fees required to be collected from a telephone subscriber which are not remitted to the Finance Director on or before the due date provided in this chapter are delinquent.

(b) Interest and penalties for delinquency in remittance of any fee not remitted shall be assessed as follows:

(1) Any service supplier who fails to remit any fee required to be collected by this chapter within ten days after receipt of written notice from the controller/treasurer of such failure shall pay a penalty of ten percent of the amount of the fee, except to the extent that a service supplier has billed a subscriber the applicable fee and made a good faith effort to collect the fee, and the subscriber has failed to pay the amount of the fee.

(2) If the Finance Director determines that the nonpayment of any fee required to be collected under this chapter is due to fraud, a penalty of 100 percent of the amount of the fee shall be added thereto in addition to the penalty stated in subparagraph (1) of this subsection.

(3) In addition to the penalties imposed in the subparagraph (2), any service supplier who fails to remit any fee required to be collected by this chapter, shall pay interest on the amount of the fee, exclusive of penalties, from the date on which the remittance first became delinquent until paid. Interest shall be paid at the rate of one percent per month, or fraction thereof.

(c) Failure by a telephone subscriber to pay any fee imposed by this chapter shall result in the following interest and penalties on the telephone subscriber:

(1) Any telephone subscriber who fails to pay any fee imposed by this chapter within 120 days of the date of receipt of notice of the amount of fee due from the service supplier shall pay a penalty of ten percent of the amount of the fee.

(2) Any telephone subscriber who fails to pay any delinquent remittance within 180 days after the date of the receipt of notice of the amount of fee due from the service supplier shall pay a second delinquency penalty of ten percent of the amount of the fee in addition to the ten percent penalty first imposed.

(3) In addition to the penalties imposed in this subsection (c), any telephone subscriber who fails to pay any fee imposed by this chapter shall pay interest on the amount of the fee, exclusive of penalties, from the date on which the fee first became delinquent until paid. Interest shall be paid at the rate of one percent per month, or fraction thereof.

(4) The penalties and interest imposed in this subsection (c) shall not be collected by the service supplier, but shall be determined and collected by the County as set forth below.

(5) Every penalty imposed and such interest as accrues under the provisions of this Section shall become a part of the fee required to be paid.

(Ord. No. NS-300.788, § 1, 2-12-08)

Sec. A14-105. Authority to perform compliance audits.

The Finance Director shall have the authority to conduct audits of service suppliers, including inspection, auditing and copying of relevant records and material, including but not limited to electronic records, during the service supplier's regular business hours, upon written request and not less than five business days notice in order to review compliance with this chapter.

(Ord. No. NS-300.788, § 1, 2-12-08)

Sec. A14-106. Failure to collect and report fee; determination of fee by Finance Director.

(a) If any service supplier willfully fails or refuses to bill, collect, remit or report fees as required by this chapter, the Finance Director may inspect, audit and copy records relevant and material to the service supplier's willful failure or refusal, during the service supplier's regular business hours, upon written request and not less than five business days notice.

(b) The Finance Director may, in any manner he or she deems appropriate, obtain facts and information upon which to base the assessment of any fee payable by a service provider who has failed or refused to bill, collect, remit or report as required by this chapter; and shall determine and assess against such service supplier the fee, interest and penalties provided by this chapter. The Finance Director shall give written notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the service supplier's last known address and agent designated as required by this chapter.

(c) The service supplier may, within ten days after the serving or mailing of such notice, make written application to the Finance Director for a hearing on the amount assessed. If application is not timely made, the fee, interest and any penalties shall become final, conclusive and immediately due and payable. If application is timely made, the Finance Director shall give at least five days written notice of the time and place of a hearing at which the service supplier shall show cause why the amount should not be assessed. Following the hearing, the Finance Director shall determine the proper amount to be remitted, and give written notice of the same to the service supplier in the manner indicated in subsection (b). The amount shall be due and payable within 15 days after serving or mailing of such notice, unless an appeal is taken by the service supplier as provided in Section A14-107.

(Ord. No. NS-300.788, § 1, 2-12-08)

Sec. A14-107. Appeals of decision of the Finance Director.

(a) Any person aggrieved by any decision of the Finance Director regarding the amount of fee or penalty owed, or the duty or obligation to collect, report or remit a fee as required by this chapter, may appeal the decision of the controller treasurer by filing a written notice of appeal with the Clerk of the Board of Supervisors of the County of Santa Clara within 15 days of the serving or mailing of such decision as described in Section A14-106. The notice of appeal shall be accompanied by an appeal fee in an amount established by resolution of the Board of Supervisors pursuant to this chapter, and shall state the grounds for the appeal.

(b) The Board of Supervisors may hear the appeal itself or designate the County Executive or designee to hear the appeal and provide the Board with his or her findings and recommendation. The Clerk of the Board shall schedule and give notice of the date, time and place for the hearing before the Board of Supervisors, County Executive or designee, and shall give the appellant not less than ten days written notice by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the service supplier's last known address and agent designated as required by this chapter.

(c) At the hearing, the Board of Supervisors, County Executive or designee shall consider the evidence presented by the appellant and the Finance Director prior to making a decision. The hearing may be continued for the convenience of either party.

(d) Findings of the Board of Supervisors, County Executive or designee shall be final and conclusive. They shall be served upon the appellant in the manner prescribed in subsection (b) by the Clerk of the Board.

(e) The amount of any fee finally determined as provided in this subsection shall be due and payable as of the date the original fee, together with any penalties that may be due; provided, however, that if the amount of such fee is fixed in accordance with the original statement of the appellant, no penalty shall attach by reason of any delinquency.

(Ord. No. NS-300.788, § 1, 2-12-08)

Sec. A14-108. Refunds.

(a) Whenever the amount of any fee has been overpaid or paid more than once or has been erroneously collected or received by the County under this chapter, it may be refunded as provided in subsections (b) and (c) of this section, provided a claim in writing, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the Finance Director within one year of the date of payment. No refund may be made except upon a written claim verified by the person who paid the fee or by his or her guardian or conservator or the executor or administrator of his or her will or estate.

(b) A service supplier may claim a refund, or claim a credit against fees to be collected and remitted of the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established by filing a claim in the manner provided in Section A14-106(c); provided, however, that neither a refund or a credit shall be allowed unless the amount of the fee so collected has either been refunded to the person entitled thereto or credited to the charges subsequently payable by such person to the service supplier.

(c) A telephone subscriber may obtain a refund of fees overpaid or paid more than once or erroneously or illegally collected or received by the County by filing a claim in the manner provided in Section A14-106(c), but only when the fee was paid by the telephone subscriber directly to the Finance Director, or when the telephone subscriber, having paid the fee to the service supplier, establishes to the satisfaction of the Finance Director that the telephone subscriber has been unable to obtain a refund from the service supplier who collected the fee.

(d) All claims shall be subject to the provisions of Section 945.4 of the Government Code relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the County. No suit for money, damages or a refund may be brought against the County until a written claim therefore has been presented to the County and has been acted upon or has been deemed to be rejected by the County, in accordance with this section. Only the person who filed the claim may bring such a suit and if another person should do so, judgment shall not be rendered for the plaintiff.

(Ord. No. NS-300.788, § 1, 2-12-08)

Sec. A14-109. Failure to pay fee; administrative remedy.

Whenever the Finance Director determines that a telephone subscriber has deliberately withheld the amount of the fee owed by him or her from the amounts remitted to a service supplier, or that a telephone subscriber has failed to pay the amount of the fee for a period of four or more billing periods, or whenever the Finance Director deems it in the best interest of the County, he or she shall relieve the service supplier of the obligation to collect fees due under the chapter from certain named telephone subscribers for specified billing periods. The Finance Director shall notify the telephone subscriber that the Finance Director has assumed responsibility to collect the fees due for the stated periods and demand payment. The notice shall be served personally on the telephone subscriber or by depositing it in the United States mail, postage prepaid thereon, addressed to the telephone subscriber at the address to which billing was made by the Service Supplier, or to the subscriber's last known address. If a telephone subscriber fails to remit the fee to the Finance Director within 15 days from the date of personal service or deposit in the mail, a penalty of 100 percent of the amount of the fee set forth in the notice, but not less than $5.00, shall be imposed. The penalty shall become a part of the fee required to be paid. Such penalty shall be in addition to any other penalty imposed by the chapter.

(Ord. No. NS-300.788, § 1, 2-12-08)

Sec. A14-110. Administrative agreements.

The Finance Director may make administrative agreements with service suppliers to vary the strict requirements of this chapter so that collection of any fee imposed may be made in conformance with the billing procedures of a particular service supplier so long as any agreement is consistent with the general purpose and scope of this chapter. A copy of each such agreement shall be on file and available for public examination in the Finance Director's office.

(Ord. No. NS-300.788, § 1, 2-12-08)

Sec. A14-111. Administrative rules and regulations.

The Finance Director may promulgate regulations and issue rules, determinations and interpretations consistent with this chapter as may be necessary or appropriate for the purpose of carrying out and enforcing the payment, collection and remittance of the fee. The Finance Director shall hold a public hearing and allow public comment on any proposed rule or regulation prior to its adoption. The Finance Director shall provide not less than 10 days notice of such hearing. A copy of such rules or regulations shall be on file and available for public examination in the office of the Clerk of the Board.

(Ord. No. NS-300.788, § 1, 2-12-08)

Sec. A14-112. California Public Utilities Commission jurisdiction.

Nothing contained in this chapter is intended to conflict with applicable rules, regulations and tariffs of any service supplier subject to the jurisdiction of the California Public Utilities Commission. In the event of any conflict, the provisions of said rules, regulations and tariffs shall control.

(Ord. No. NS-300.788, § 1, 2-12-08)

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