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O1754 CA:f:atty\muni\laws\mjm\fees city Council Meeting 7-12-94 Santa Monica, California ORDINANCE NUMBER 1754 (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REGARDING THE ESTABLISHMENT AND COLLECTION OF USER FEES OR FEES FOR SERVICES WHEREAS, the City from time to time authorizes fees for services or user fees which represent a cost or portion of the cost to the city of providing particular services to individual persons rather than to the general public; WHEREAS, as a matter of law, such fees may be, and are, imposed and set by various procedures; WHEREAS, the City wishes to make clear its intent to utilize all of the various means available to impose and set fees; and WHEREAS, in the event that it may be deemed necessary to pursue legal remedies for collecting user or service fees, the city wishes to ensure that all lawful means of enforcement shall be available; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESO;:NE AS FOLLOWS: - 1 - SECTION 1. Chapter 2 .72 is added to the Santa Monica Municipal code to read as follows: Chapter 2.72 FEES FOR MUNICIPAL SERVICES section 2.72.010 Fees For Municipal Servioes. The city may establish and set the amount of user fees or fees for services which are provided to or benefit particular individuals rather than the general public. section 2.72.020 Method of Settinq Pees A user fee or fee for services may be set by ordinance by a resolution adopted by the City Council, or, by any other means authorized by law. Section 2.72.030 Responsibility For Payment Any person who is charged a user fee or fee for services by the City shall pay that fee as soon as it becomes due. section 2.72.040 Remedies The city may collect any user fee or fee for services which is due and owing through a civil action. However, this express statement of the City's power to pursue a civil remedy does not - 2 - constitute and shall not be construed as a limitation upon any power to institute criminal proceedings. SECTION 2. The provisions of this Ordinance are declarative of existing law. SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effectuate the provisions of this Ordinance. SECTION 4. If any section subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The city Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, clause, or phrase, not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. - 3 - SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: '---/\ ' i l ,. ./ h .;1 ~' i/ lj'-f':"'G{.J v.--o... ,. , ,. /.' .'-''-L'~ MARSHA JONES City Attorne - 4 - Adopted and approved this 12th day of July, 1994. ~~6 Ma r I hereby certify that the foregoing Ordinance No. 1754 (CCS) was duly and regularly adopted at a meeting of The City Council on the 12th day of July, 1994; by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: A//b)~ . ---- City Clerk