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HomeMy WebLinkAboutNS-2075 - Adding Section 8-46 to Santa Ana Municipal Code to Provide for a Fire Facilities FeeREL:mb(7) 11/13/89 Rev. 1/19/90 675 ORDINANCE NO. NS-2075 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTION 8-46 TO THE SANTA ANA MUNICIPAL CODE TO PROVIDE FOR A FIRE FACILITIES FEE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal amended by adding a section, to be numbered section reads as follows: Code is hereby 8-46, which said Sec. 8-46. Fire facilities fee. (a) In addition to any other fees and charges, a fire facilities fee is required as a condition precedent to the issuance of building permit for construction of buildings exceeding 2 stories in height (~Xcluding parking structures and excluding buildings owned and occupied by agencies of the federal, state, or local governments). The fee shall be in such amount as shall be set by resolution of the city council. In the event that, for any reason, the fee is not collected prior to issuance of the building permit, it shall be collected prior to issuance of a certif- icate of occupancy. (b) The purpose of the fire facilities fee is to provide revenue to pay for equipment needed to fight fires in the expanding number of buildings over 2 stories in height in the city, and to improve fire stations in the city as necessary to accommodate such equipment and otherwise augment the city's capability to fight fires in such build- ings. The fire facilities fee revenues shall be used for such purpose. The facilities to be financed with fire facility fee revenues shall be identified in the resolution of the city council setting the amount of the fee. (c) In establishing the fire facilities fee, the city council finds and determines that buildings over 2 stories in height require unique fire fighting equipment and fire station configurations, that the city has experienced considerable development of such buildings in the recent ORDINANCE NO. NS- 2075 PAGE TWO past and will continue to do so in the future, and that the acquisition of new equipment to fight fires in such buildings and the improvement of fire stations to accommo- date such equipment is a need arising directly from the expanding development of such buildings. (d) Ail fire facility fee revenues shall be deposited in an account separate and apart from other city revenues and may be expended from such solely to pay for the cost of the facilities identified pursuant to subsection (b) of this section or to reimburse the city for moneys expended by the city on such facilities from other revenue sources. Moneys in the fire facilities fee account may be temporarily invested in the same manner as other city moneys, and any interest income earned by moneys in the fire facilities account shall also be deposited in that account and shall be subject to the same limitations as fee revenues. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sent- ence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconsti- tutional. SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any 677 ORDINANCE NO. NS- 2075 PAGE THREE ordinance and all rights and obligations thereunder appertain- ing shall continue in full force and effect. ADOPTED this 20th day of August , 1990. ATTEST: Janice C. Guy Clerk of the Council COUNCILMEMBERS: Young Aye Acosta Aye APPROVED AS TO FORM: Griset Absent May A.¥e .~. ~,/~. McGuigan Aye Norton Aye J~ Edward J. Cooper Pulido A.¥e ~'' City Attorney