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Home My WebLink About1342 - Annexation FeesORDINANCE NO. 2 3 4 2 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 3.13 TO TITLE 3 OF THE NEWPORT BEACH MUNICIPAL CODES ENTITLED "ANNEXATION FEES" The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Chapter 3.13 is added to the Newport Beach Municipal Code to read: "CHAPTER 3.13 ANNEXATION FEES Sections: 3.1.010 Policy. 3.13.020 Definitions. 3.13.030 Imposition of Annexation Fees. 3.13.040 Refunds. 3.13.050 Disposition of Refunds. 3.13.010 Policy. In 1964 the City Council enacted Chapter 3.12 of this Code entitled, 'Property Development Tax,' which imposed a tax on new construction occurring within the City for the purpose of providing funds to meet the need for public improvements and facilities consisting of fire stations and fire fighting equipment, public City libraries and public City parks, which could not be met by the ordinary revenues of the City. As a matter of equity, the City Council finds that any territory which shall in the future be annexed to the City on which buildings have been constructed prior to the completion of annexation proceedings should pay its fair share of the cost of providing the above mentioned public improvements and facili- ties. 3.13.020 Definitions. For the purpose of this Chapter, the words defined in this section shall have the meanings assigned to them unless from the context it appears that a different meaning is intended. SINGLE FAMILY OR DUPLEX RESIDENTIAL UNIT. The term 'single family or duplex residential unit' shall mean a single family dwelling or a dwelling unit in a duplex. MULTIPLE RESIDENTIAL UNIT. The term 'multiple resi- dential unit' shall mean a dwelling unit within a building designed as a residence for three or more families living independently of each other which is equipped with cooking facilities, including triplexes and apartment houses. COMMERCIAL UNIT. The term 'commercial unit' shall mean any space in a building or structure designed or in- tended to be occupied or used for business or commercial purposes, including sleeping rooms in hotels and motels without kitchens, or kitchen facilities. INDUSTRIAL UNIT. The term 'industrial unit' shall mean any space in a building or structure designed or intended for manufacturing, processing, research, warehousing or similar uses. MOBILEHOME PARK. The term 'mobilehome park' shall mean any area where one or more lots or spaces are rented or held out for rent to be occupied by a house trailer, mobile- home, camper or similar vehicle. 3.13.030 Imposition of Annexation Fees. A. Fees Imposed. The following annexation fees are hereby imposed upon the owners of any real property upon which buildings have been constructed prior to the completion of annexation proceedings: isB. Rates: 1. Residential. For each single family or duplex residential unit within the territory annexed, 2 - payment of said annexation fees in not to exceed ten (10) annual installments, with interest of six percent (6%) on the outstanding balance, which shall be assessed as liens against the parcels of real property upon which the buildings are located, as said parcels are shown upon the latest available County assessment roll. A certified copy of said resolution shall be filed with the Orange County Auditor on or before August 10 of each year, and the Auditor shall be requested to enter the amounts of the respective assessments on the County tax roll opposite each parcel of-land. The amount of said - 3 - the amount of $200.00; for each multiple residential unit, the amount of $150.00. 2. Commercial. For each commercial building or commercial unit within a building located within the annexed territory, the amount of $.03 per square foot of gross floor area, including any area in a building de- signed for the parking of vehicles. 3. Industrial. For each industrial building or industrial unit within a building located within the territory annexed, the amount of $.03 per square foot of gross floor area, including any area in a building designed for the parking of vehicles. C. Due Date. The amount of the fees due hereunder shall be determined on or before the date on which the City Council takes final action to approve the annexation and shall include any buildings for which permits are issued by the Building Official of the County of Orange or another city prior to the completion of the annexation proceedings to the City of Newport Beach, and the full amount of the fees shall be due and payable on or before the final action'of the City Council in approving the annexation; PROVIDED, however, that the City Council may, by resolution, approve the payment of said annexation fees in not to exceed ten (10) annual installments, with interest of six percent (6%) on the outstanding balance, which shall be assessed as liens against the parcels of real property upon which the buildings are located, as said parcels are shown upon the latest available County assessment roll. A certified copy of said resolution shall be filed with the Orange County Auditor on or before August 10 of each year, and the Auditor shall be requested to enter the amounts of the respective assessments on the County tax roll opposite each parcel of-land. The amount of said - 3 - r assessment shall be collected at the time and in the manner of City property taxes. If delinquent, the amount of said assessment shall be subject to the same penalties and pro- cedure for foreclosure and sale as in the case of City property taxes. 3.13.040 Refunds. The City Council may order refunded all or part of an annexation fee paid pursuant to this Chapter, if it finds that all or part of the assessment has been erroneously levied. An assessment or any part thereof shall not be refunded unless a claim is filed with the City Clerk on or before December 1 of the year in which the assessment became due and payable. The claim shall be veri- fied by the person who paid the assessment, or his guardian, executor or administrator. 3.13.050 Exemptions. There are exempted from the annex- ation fees imposed by this Chapter improved parcels of land owned by the following: A. Buildings or units owned and occupied by any bank including national banking associations; B. Buildings or units owned and occupied by an 'insurer' as that term is defined in Article XIII, Sections 14 -4/5 of the Constitution of the State of California. C. Buildings or units owned and occupied by a non - profit corporation exclusively for religious, educational, hospital, or charitable purposes. D. Buildings or units owned and occupied by the United States, or any department,or agency thereof, or by the State of California, or any department, agency or political subdivision thereof. 3.13.060 Disposition of Proceeds. All proceeds from the - 4 - • 40 annexation fees collected under this Chapter shall be paid into the fund of the City entitled, 'Building Excise Tax,' created pursuant to Section 3.12.110 of this Code." SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 22nd day of June , 1970, and was adopted on the 13th day of July , 1970, by the following vote, to wit: ATTEST: City C erc CERTI Er AS THE ORIGINAL AND CERT ;'FXD AS TO PUBLICATION CITY CLERK OF TN_ CRY OP N2WP T BEAM AYES, COUNCILMEN: McInnis, Kymla, Rogers, Hirth, Croul, Dostal, Parsons NOES, COUNCILMEN None ABSENT COUNCILMEN: None Mayor M&M THS:bl