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HomeMy WebLinkAboutC7 Amended Fire FeesCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number FROM: Garret Olson, Fire Chief Prepared By: Rodger Maggio, Fire Marshal SUBJECT: COLLECTION OF FEES FOR 2014-15 FIRE AND LIFE SAFETY INSPECTIONS OF MULTI-FAMILY PROPERTIES RECOMMENDATION 1. Rescind Resolution No. 10528 (2014 Series) 2. Adopt a Resolution which reflects text changes required by the County Auditor’s Office. DISCUSSION Background Resolution No. 10528 (2014 Series), authorizing the collection of fees for 2014-2015 fire and life safety inspections of multi-dwelling properties containing three or more dwelling units on the secured property tax roll, was adopted at the City Council’s June 10, 2014 meeting. Upon receipt by County Auditor, minor changes to the wording of the resolution were requested to conform to their policies and procedures. Attachment 2 is the Amended draft of the resolution showing the requested changes. As you can see in the attachment, no substantive changes have been made to the resolution. The County requested that the enabling government code be added to the title of the resolution. CONCURRENCES The City Clerk concurs with the recommendations in this report. FISCAL IMPACT There is no fiscal impact associated with the recommendations in this report. ATTACHMENTS 1. Legislative copy of the Resolution for Collection of 2014-15 Fire and Life Safety Fees 2. Amended draft of the Resolution for Collection of 2014-15 Fire and Life Safety Fees T:/Council Agenda Reports/2014/2014-08-19/Amended Fire Fees (Olson-Maggio) 8-19-14 C7 C7 - 1 C7 - 2 C7 - 3 C7 - 4 Attachment 2 RESOLUTION NO. XXXXX (2014 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE SAN LUIS OBISPO COUNTY AUDITOR TO COLLECT FEES FOR 2014-15 FIRE AND LIFE SAFETY INSPECTIONS OF MULTI-DWELLING PROPERTIES CONTAINING THREE OR MORE DWELLING UNITS ON THE SECURED PROPERTY TAX ROLL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54988, ET SEQ. WHEREAS, the City of San Luis Obispo is required by California Health & Safety Code Section 17921 annually to inspect multi-dwelling properties containing three or more dwelling units, including apartments, certain residential condominiums, hotels, motels, lodging houses and congregate residences; and WHEREAS, California Health & Safety Code Section 13146 authorizes cities to charge property owners in recovering the reasonable costs of providing these annual inspections; and WHEREAS, in accordance with this policy, the Council adopted Resolution Nos. 9799 (2006 Series) and 9889 (2007 Series) updating the master fee schedule, as specifically set forth in “Exhibit A” hereto, and authorizing the collection of these fees on the secured property tax roll; and WHEREAS, the Council desires to continue collection of these fees on the secured property tax roll for 2014-15: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 10528 (2014 Series) is hereby rescinded and repealed. SECTION 2. Pursuant to California Health & Safety Code Section 13146.2(b) and Municipal Code Section 3.50, the Council hereby authorizes and directs that Fire and Life Safety Inspection fees shall be collected on the secured property tax roll by the San Luis Obispo County Auditor-Controller for fiscal year 2014-15. A listing of fees by assessor’s parcel number shall be provided to the County Auditor-Controller for collection on the 2014-15 secured property tax roll in accordance with their schedule and data format requirements, pursuant to California Government Code 54988, et seq. Upon motion of , seconded by , and on the following roll call vote: AYES: NOES: C7 - 5 Resolution No. (2014 Series) Page 2 ABSENT: the foregoing resolution was adopted on August 19, 2014. ____________________________________ Mayor Jan Howell-Marx ATTEST: ____________________________________ Mejia Anthony, City Clerk APPROVED AS TO FORM: _____________________________________ Christine Dietrick, City Attorney C7 - 6 Resolution No. (2014 Series) Page 3 EXHIBIT A Multi-Dwelling Fire and Life Safety Inspection Fee Schedule Apartment Houses $28.00 per unit per year Administrative fee of $65.00 per year per facility $10,000 maximum per property Fees are waived for units that are built, owned and managed by the San Luis Obispo Housing Authority, other governmental agencies or not-for-profit housing organizations. Hotels, Motels, Lodging Houses, Bed & Breakfast Facilities, Youth Hostel Facilities, Senior Facilities, Sororities, Fraternities and Other Congregate Residences 1 to 30 units $200 per year per facility 31 to 80 units $300 per year per facility More than 80 units $400 per year per facility These fees are applicable to all multi-dwelling units in the City based on the following definitions as set forth in the 2001 California Building Code, Chapter 2: Definitions and Abbreviations, Section 202. Apartment house is any building, or portion thereof, which contains three or more dwelling units, including R-1 residential condominiums. Congregate residences are any building or portion thereof that contains facilities for living, sleeping and sanitation, as required by this code, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels, or lodging houses. Dwelling unit is any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more than one family, or a congregate residence for ten or less persons. Hotel is any building containing six or more guest rooms intended or designed to be use, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by gu ests. Lodging house is any building or portion thereof containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise. (A lodging house includes bed & breakfast facilities and hostels, but excludes single family dwellings). Motel shall mean the same as hotel as defined in this code. C7 - 7 Page intentionally left blank. C7 - 8