2007 California Government Code Chapter 8. Procedures For Adopting Various Fees

CA Codes (gov:66016-66018.5)

66016.  (a) Prior to levying a new fee or service charge, or prior
to approving an increase in an existing fee or service charge, a
local agency shall hold at least one open and public meeting, at
which oral or written presentations can be made, as part of a
regularly scheduled meeting. Notice of the time and place of the
meeting, including a general explanation of the matter to be
considered, and a statement that the data required by this section is
available, shall be mailed at least 14 days prior to the meeting to
any interested party who files a written request with the local
agency for mailed notice of the meeting on new or increased fees or
service charges. Any written request for mailed notices shall be
valid for one year from the date on which it is filed unless a
renewal request is filed.  Renewal requests for mailed notices shall
be filed on or before April 1 of each year. The legislative body may
establish a reasonable annual charge for sending notices based on the
estimated cost of providing the service. At least 10 days prior to
the meeting, the local agency shall make available to the public data
indicating the amount of cost, or estimated cost, required to
provide the service for which the fee or service charge is levied and
the revenue sources anticipated to provide the service, including
General Fund revenues. Unless there has been voter approval, as
prescribed by Section 66013 or 66014, no local agency shall levy a
new fee or service charge or increase an existing fee or service
charge to an amount which exceeds the estimated amount required to
provide the service for which the fee or service charge is levied.
If, however, the fees or service charges create revenues in excess of
actual cost, those revenues shall be used to reduce the fee or
service charge creating the excess.
   (b) Any action by a local agency to levy a new fee or service
charge or to approve an increase in an existing fee or service charge
shall be taken only by ordinance or resolution. The legislative body
of a local agency shall not delegate the authority to adopt a new
fee or service charge, or to increase a fee or service charge.
   (c) Any costs incurred by a local agency in conducting the meeting
or meetings required pursuant to subdivision (a) may be recovered
from fees charged for the services which were the subject of the
meeting.
   (d) This section shall apply only to fees and charges as described
in Sections 51287, 56383, 65104, 65456, 65584.1, 65863.7, 65909.5,
66013, 66014, and 66451.2 of this code, Sections 17951, 19132.3, and
19852 of the Health and Safety Code, Section 41901 of the Public
Resources Code, and Section 21671.5 of the Public Utilities Code.
   (e) Any judicial action or proceeding to attack, review, set
aside, void, or annul the ordinance, resolution, or motion levying a
fee or service charge subject to this section shall be brought
pursuant to Section 66022.



66017.  (a) Any action adopting a fee or charge, or increasing a fee
or charge adopted, upon a development project, as defined in Section
66000, which applies to the filing, accepting, reviewing, approving,
or issuing of an application, permit, or entitlement to use shall be
enacted in accordance with the notice and public hearing procedures
specified in Section 54986 or 66016 and shall be effective no sooner
than 60 days following the final action on the adoption of the fee or
charge or increase in the fee or charge.
   (b) Without following the procedure otherwise required for the
adoption of a fee or charge, or increasing a fee or charge, the
legislative body of a local agency may adopt an urgency measure as an
interim authorization for a fee or charge, or increase in a fee or
charge, to protect the public health, welfare and safety. The interim
authorization shall require four-fifths vote of the legislative body
for adoption. The interim authorization shall have no force or
effect 30 days after its adoption. The interim authority shall
contain findings describing the current and immediate threat to the
public health, welfare, and safety. After notice and public hearing
pursuant to Section 54986 or 66016, the legislative body may extend
the interim authority for an additional 30 days. Not more than two
extensions may be granted. Any extension shall also require a
four-fifths vote of the legislative body.


66018.  (a)  Prior to adopting an ordinance, resolution, or other
legislative enactment adopting a new fee or approving an increase in
an existing fee to which this section applies, a local agency shall
hold a public hearing, at which oral or written presentations can be
made, as part of a regularly scheduled meeting.  Notice of the time
and place of the meeting, including a general explanation of the
matter to be considered, shall be published in accordance with
Section 6062a.
   (b)  Any costs incurred by a local agency in conducting the
hearing required pursuant to subdivision (a) may be recovered as part
of the fees which were the subject of the hearing.
   (c)  This section applies only to the adopting or increasing of
fees to which a specific statutory notice requirement, other than
Section 54954.2, does not apply.
   (d) As used in this section, "fees" do not include rates or
charges for water, sewer, or electrical service.



66018.5.  "Local agency," as used in this chapter, has the same
meaning as provided in Section 66000.