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HomeMy WebLinkAboutCC ORD 1971-1288 Adds §§ 2301—2306 to prior code, business fees (6.70)ORDINANCE NO. 1288 /Op 9 AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, PROVIDING FOR THE PAYMENT OF FEES IN CONNECTION WITH CONSTRUCTION OF ALL DWELLING UNITS AND FURTHER PROVIDING FOR THE USE OF SUCH FEES FOR PUBLIC PARK AND RECREATIONAL FACILITIES The City Council of the City of National City, California, does ordain as follows: Section 1. That Division 2, Chapter 23 of the National City Municipal Code, entitled "PARTICULAR BUSINESSES" be and the same is hereby amended by the addition of Article 230, entitled "Dwelling Unit Construction", said Article to include Sections 2301 to 2306 inclusive, to read as follows: ARTICLE 230 DWELLING UNIT CONSTRUCTION Section 2301. PURPOSE AND INTENT. The continued increase in the developmett of dwelling units in the City of National City, with the attendant increase in the population of the City, has created an urgency for the planning, acquisition, improvement, acquisition, and operation of public parks, playgrounds, and recreational facilities to serve the increasing population of the City and an urgency dor additional revenues with which to finance such public facilities. Thus, it is the intent of the City Council that each builder of each dwelling unit to be constructed within the City of National City shall, prior to construction, pay a fee as described herein. The payment of said fee is required and assessed pursuant to the taxing power of the City and is solely for the purpose of producing revenue. Further it is the intent of the Council that all revenue generated by the payment of said fee shall be used for the acquisition, improvement, devel- opment and operation of park or recreational facilities. Section 2302. DEFINITIONS. As used herein the term: (a) Person shall mean every individual, partnership, firm or corporation that is to construct, or is to be responsible for the construction of a dwelling unit, or every individual, partnership, firm or corporation that is to construct, or is to be responsible for the construction of, a dwelling unit through the services of an employe, ggent or independent contractor. (b) Dwelling Unit shall mean each single family dwelling, each pad for a mobilehome or trailer and each unit of an apartment, duplex or multiple dwelling structure, designed as a separate habitation for one or more persons. Section 2302. PAYMENT OF FEE. Every person constructing any dwelling unit in the City of National City shall pay to the City the applicable fee as described in the following schedule: $75.00 for each dwelling unit. For the purpose of establishing the applicable fee, each pad for a mobilehome or tailor shall be considered as a potential dwelling unit and shall be assessed $35.00. Section 2304. TIME OF PAYMENT. The applicable fee as described in this Article shall be due and payable upon issuance by the City of the building permit for the construction of any dwelling unit. Any fee paid pursuant to the terms of this Article shall be paid one time only. Any fee paid pursuant to the terms of this Article shall be refunded by the City in the event that the building permit is not used for such construction. Section 2305. USE OF FEES. All fees collected pursuant to the terms of this Article shall be used solely for the acquisition, improvement and development of park or recreational facilities,,, which facilities shall be located and operated so as to reasonably meet the recreational needs of the increased population of the City and particularly the recreational needs of the occupants of those dwelling units, the construction of which was conditioned upon the payment of a fee or fees pursuant to the terms of this Article. Section 2306. SEVERABILITY. 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. Section 2. The City Clerk of the City of National City is hereby directed to certify to the passage of this Ordinance and to cause the same to be published one time within fifteen days of its passage in the National City Star -News, a newspaper of general circulation, printed and published in the City of National City. PASSED AND ADOPTED this 2nd day of November, 1971. S/ /{fc. E Mo,eG,m✓ MAYOR ATTEST: �on/E M,NoGc CITY CLERK