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HomeMy WebLinkAboutOrdinance No. 1182ORDINANCE NO. 1182 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTION 12-32(b) OF ARTICLE VIII OF CHAPTER 12; AMENDING SECTION 13-29(a) OF ARTICLE IV OF CHAPTER 13; AMENDING SECTION 15- 10(a), 15-11, AND 15-16 OF DIVISION 1 OF ARTICLE I; AND SECTION 15-67 AND 15-67.1(B) OF ARTICLE 11 OF CHAPTER 15; AND AMENDING SECTION 20-13(e) OF ARTICLE IV OF CHAPTER 20 OF THE CYPRESS MUNICIPAL CODE RELATING TO THE ADOPTION OF FEES AND RELATING TO UPDATES TO THE MASTER FEE SCHEDULE WHEREAS, the City of Cypress conducted a comprehensive cost allocation plan which was initiated in 2017; and WHEREAS, the results of the cost allocation pian along with cost of living adjustments, were incorporated into a revised Master Fee Schedule; and WHEREAS, the Cypress City Council adopted said Master Fee Schedule on July 8, 2019 to be effective January 1, 2020; and WHEREAS, certain sections of the Cypress Municipal Code must be amended to be consistent with the revised Master Fee Schedule. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 12-32(b) of Article VIII of Chapter 12, "Solid Waste Management", of the Cypress Municipal Code is amended as follows: (b) Administrative fee. As part of any application for, and prior to the issuance of, any building or demolition permit that involves the creation of construction and demolition debris, every applicant for covered projects, unless exempt, shall pay to the city a cash fee sufficient to compensate the city for all expenses incurred in reviewing the materials questionnaire. The amount of this fee shall be prescribed in the master fee schedule, which may be updated by resolution from time to time. SECTION 2. That Section 13-29(a)(1) of Article IV of Chapter 13, "Health and Sanitation" of the Cypress Municipal Code is amended to add Section 13-29(a)(1)(d) as follows: d. Facilities requiring the permit are categorized as low/medium priority or high priority dependent upon their history of unauthorized, non-stormwater discharges. Inspection frequency will abide by the current NPDES permit requirements. SECTION 3. That Section 13-29(a)(3)(b) of Article IV of Chapter 13, "Health and Sanitation", of the Cypress Municipal Code is amended as follows: b. As part of any application for, and prior to the issuance of, any permit, each applicant shall pay to the city a fee as prescribed in the master fee schedule, which may be updated by resolution from time to time. SECTION 4. That Section 15-10(a) of Division 1 of Article l of Chapter 15, "Licenses and Permits", of the Cypress Municipal Code is amended as follows: (a) No business tax certificate issued pursuant to this article shall be transferable; provided, that where a certificate is issued indicating a person is transacting and carrying on a business at a particular place, such certificate holder upon application therefor, and relinquishment of the original tax certificate may obtain a new tax certificate showing some other location to which the business is or is to be moved. SECTION 5. That Section 15-11 of Division 1 of Article I of Chapter 15, "Licenses and Permits", of the Cypress Municipal Code is amended as follows: .90a A duplicate business tax certificate may be issued by the collector to replace any certificate previously issued hereunder which has been lost or destroyed upon the holder filing a statement of such fact. SECTION 6. That Section 15-16 of Division 1 of Article I of Chapter 15, "Licenses and Permits", of the Cypress Municipal Code is amended as follows: Sec. 15-16. Application for business tax certificate and administration fee. (a) Every person required to pay a business tax under the provisions of this article shall make application for the same to the collector upon a form provided by the collector, and shall provide that information required by the collector to enable issuance of the business tax certificate. (b) Upon application for a first business tax certificate for a business taxed on the basis of gross receipts, an applicant shall be required to pay the minimum tax applicable to the business, which tax shall be pro -rated in accordance with section 15-13. (c) At the time of submission for issuance or renewal of a business license, the applicant shall pay a business license administration fee as prescribed in the master fee schedule, which may be updated by resolution from time to time. The administration fee is not intended to impose any form of taxation to the business community nor to collect in fees more money than is necessary to recover the administrative costs of processing an application for the issuance or renewal of a business license. SECTION 7. That Section 15-67 of Article 11 of Chapter 15, "Licenses and Permits", of the Cypress Municipal Code is amended as follows: Any special permit issued under this article which has not been previously revoked may be renewed by filing a request for renewal and a fee as prescribed in the master fee schedule, which may be updated by resolution from time to time. The director of finance shall forward a copy of such request to the city manager and to the chief of police for their recommendations, which shall be returned to the director of finance within fifteen days. SECTION 8. That Section 15-67.1(B) of Article II of Chapter 15, "Licenses and Permits", of the Cypress Municipal Code is amended as follows: B. A fee as prescribed in the master fee schedule, which may be updated by resolution from time to time is required for and shall accompany all applications for supplemental permits required hereby, unless waived by the city council. SECTION 9. That Section 20-13(e) of Article W of Chapter 20, "Police", of the Cypress Municipal Code is amended as follows: (e) As prescribed by the master fee schedule, which may be updated by resolution from time to time, business and residential alarm users and subscribers shall pay a fee prior to issuance of an alarm permit. (1) Business and residential alarm users and subscribers shall pay a renewal fee as prescribed in the master fee schedule, which may be updated by resolution from time to time, annually thereafter the initial permit fee. (2) Not withstanding these provisions, any person who maintains an unregistered alarm system, business or residential, after receiving a notice to register, and fails to register the alarm system within fifteen (15) days thereafter, shall be subject to pay a fine as prescribed in the master fee schedule, which may be updated by resolution from time to time. SECTION 10. Any provision of the Cypress Municipal Code or appendices inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 11. If any section, subsection, phrase, or clause of this Ordinance is for any reason held to be unconstitutional, such decision will 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 section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses may be declared unconstitutional. SECTION 12. The City Clerk shall oertify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. This Ordinance shall become effective thirty (30) days from and after its passage. FIRST READING at a regular meeting of the City Council of the City of Cypress held on the 12th day of November, 2419 and finally adopted and ordered posted at a regular meeting held on the 251 day of November, 2019. MAYOR Or THE CITY OF CYPRESS ATTEST: A �Ut CITY LERK OFT E CITY OF CYPRESS STATE OF CALIFORNIA 3 COUNTY OF ORANGE ) SS I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of said City Council held on the 251 day of November, 2019, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Morales, Peat, Johnson and Berry NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Yarc CITY CEEW OF THE CITY OF CYPRESS 3 434