SR-400-004-04 (4)
f:\atty\muni\strpts\mjm\publicpropertyfee.wpd
City Council Meeting 6-10-03 Santa Monica,
California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Ordinance Amending Santa Monica Municipal Code Section 2.72.010
Regarding Fees for Systematic Inspections and Enforcement on Private
Property and for Commercial Use of Public Property
Introduction
The attached, proposed ordinance would amend the Municipal Code by adding language
authorizing fees for systematic inspections and enforcement on private property and for
the commercial use of public property.
Background
In keeping with ongoing efforts to preserve services and City programs during the present
economic downturn, staff has been evaluating the Citys user fees to identify possible
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enhancements to cost recovery efforts. This process identified two noteworthy possibilities
for passing costs through to those receiving particular benefits: programs affording routine
and systematic inspections of private property and situations in which public property is
utilized for private commercial benefit.
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City safety and enforcement personnel conduct various types of systematic inspections of
private property to ensure that the property owner is maintaining the property in
compliance with legal requirements which protect safety and health. Such inspection
programs include the Fire Department program for inspecting commercial structures to
ensure the fire safety of those structures. Similarly, enforcement personnel from Planning
and Community Development have proposed operating a routine inspection program to
ensure that the holders of various discretionary permits comply with permit conditions
which ensure that particular uses of property are undertaken in a manner consistent with
the general welfare.
Various commercial uses occur in City parks and on City streets and other public property.
These uses include filming and conducting various business operations, including sports
instruction, physical training, day camps, and other private, corporate activities. The cost
to the City of some of these activities is currently recouped through existing fees. As part
of its effort to protect City revenues and preserve existing programs and services, City staff
is considering proposing some additional fees.
Discussion
The attached, proposed ordinance would authorize fees which would recoup the cost to
the City of routine inspection programs and commercial operations on public property. The
ordinance would not result in any particular fee being charged. Rather, it would merely
provide legal authorization for such fees. Specific proposals as to amounts of particular
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fees would have to be considered and approved by the Council. Some proposals will be
presented at the June 17, 2003 Council meeting with the adoption of the budget.
Financial/Budget Impact
The proposed ordinance would have no financial impact because it merely provides
authorization for the City Council to establish specific fees by separate action.
Recommendation
It is respectfully recommended that the accompanying ordinance be introduced for first
reading.
PREPARED BY: Marsha Jones Moutrie, City Attorney
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