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city council Meeting 7-12-94 Santa Monica, California
STAFF REPORT
TO: Mayor and city council
FROM: City Attorney
SUBJECT: Ordinance regarding the establishment and collection of
user fees and fees for services
At its meeting on June 28, 1994, the city Council
introduced for first reading an ordinance regarding the
establishment and collection of user fees and fees for services.
The ordinance is now presented to the city council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Marsha Jones Moutrie, City Attorney
JUl 1 2 1994
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CA:f:atty\muni\laws\mjm\fees
city council Meeting 7-12-94 Santa Monica, California
ORDINANCE NUMBER 1754
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(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 ..y 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 RE30LVE AS FOLLOWS:
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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 services.
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 Por 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
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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 eX1sting law.
SECTION 3. Any provision of the Santa Mon1ca 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 cOllpetent
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.
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SECTION 5. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same ahall be
in full force and effect.
APPROVED AS TO FORM:
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MARSHA JONES,i OUTRI E
C1ty Attorne
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Adopted and approved thiS 12th day of July, 1994.
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I hereby certify that the foregomg Ordinance No. 1754 (CCS) was duly and regularly
adopted at a meetmg of The City Counell on the 12th day of July. 1994; by the followmg
CouncIl vote,
Ayes Councilmembers: Abdo, Genser, Greenberg, Holbrook. Olsen,
Rosenstein, Vazquez
Noes: Councilrnembers: None
Abstain Councilmembers: None
Absent: Coundhnembers: None
ATIEST:
A;;//J;~
------ ~ City Clerk '