09-98 RESOLUTION NO. 09-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE
ADOPTING A NEW FEE FOR REGISTRATION AND INSPECTION OF
FORECLOSED PROPERTIES AND PROVIDING FOR ITS COLLECTION
WHEREAS, pursuant to the provisions of state law, the City of Menifee may adopt and
implement fees for city services and for the protection of public health, safety and
welfare; and
WHEREAS, the City now has adopted Chapter 5.20 of the Menifee Municipal Code
requiring the inspection and registration.of foreclosed property and administration of
such registration program; and
WHEREAS, the City has determined that the amount of the fee is the reasonable cost of
the service provided (including direct and indirect overhead) as follows and as further
supported by data on file at City Hall; and
WHEREAS, the fee of$125/property registration was computed as follows: Code of
code enforcement inspection by Code Enforcement Office I (fully burdened) $109 for
2009-2010 fiscal year; administrative costs for the program and supplies will be at least
$16/year.
WHEREAS, as required by Govt. Code Sections 66018, the City published notice of a
public hearing regarding such increases pursuant to Govt. Code Section 6062a, has
placed the data supporting such fees on file at City Hall at least 10 days before such
hearing, and has determined that there has been no request for special notice regarding
such increase; and
WHEREAS, on June 16, 2009 the City Council conducted a public meeting and noticed
public hearing on the new fees and heard all testimony for and against such fees; and
WHEREAS, the City Council finds that the establishment of these new fees is for the
purpose of meeting operating expenses, in that these rates, fees and charges reimburse the
City for expenses required to provide the administration of the foreclosed property
registration program, and that this action therefore is statutorily exempt from CEQA
under Public Resources Code Section 21080(b) and Section 15273 of the CEQA
guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Menifee as
follows:
SECTION 1. RECITALS
The Recitals set forth above are true and correct.
Resolution 09-98
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SECTION 2. CEOA EXEMPTION
The adoption of fees as set out here is statutorily exempt from CEQA and staff is directed
to take all necessary actions to prepare and file a Notice of Exemption.
SECTION 3. FEES ADOPTED; ANNUAL CPI INCREASE
Based upon the data, information, analysis and oral and written testimony provided to the
City Council, the City Council sets the foreclosed property registration fee at
$125/property for registration of that property during each per fiscal year.
(a) Fee Due July 1, 2009. The fee will be due by those presently owning
foreclosed property on or before July 1, 2009, and thereafter annual renewals will be due
by January 31 of each year. Because the fee pays for services performed shortly after
registration, the fee will not be pro-rated.
(b) Late Fees. Any late fees will bear interest at the legal rate of 10%, which the
City has determined to be equivalent to the extra cost of collection of a late fee.
(c )Annual CPI Increase: The foreclosed property registration fee shall be
increased annually, effective July 1, 2010, and on each July 1 thereafter, in an amount
equal to the CPI increase for the prior calendar year, which amount shall not exceed five
percent(5%)per year.
SECTION 4. EFFECTIVE DATE
The fee shall be effective immediately as of the date of adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th of June, 2009 by the following vote:
AYES:bPLU-?J i� `-yam CLy�ri� w yYlCd)?-)
NOES: `y-\O",
ABSENT:-no),Le,
ABSTAIN:Y�pkk, LO Pj 4 a-If
Wallace W. Edgerton, Mayor
ATTEST:
Aennett, City Clerk
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