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HomeMy WebLinkAboutCC Reso No 1979-11_ _ _ _ _ ~; RESOLUTION NO. 79-11 r ~ 1 2 3 4 5 6 7 $, 9 10 11 13 14 15 16 17 1$ 19 20 21 22 23 24 25 26 27 2$ 29 30 31 32 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REGARDING INTERPRETATION OF PAYMENT OF CERTAIN PERMIT FEES MANDATED UNDER CITY ORDINANCE NO. 572 WHEREAS, the Mayor and Council of the City of Lake Elsinore have adopted Ordinance No. S72 requiring the payment of certain development fees in order to finance needed improvements in the City~ ~. ~.. .~. meet development needs, and provi~ie for orderly growth, and WHEREAS, Ordinance No. 572 speak~ to the application of this fee - structure for new construction and additions or alterations requiring ~ building permit or permits; but is silent regarding fee requirements ~ for the reconstruction of properties severely damaged by fire or flood in which reconstruction would also require a building permit or permits, and WHEREAS, the Mayor and Council recognize there !nay be certain advantages to the Community's welfare in encouraging the re-construction of burned-out and severely flood-damaged properties and, WHEREAS, since the adoption of Ordinance No. 572, the City has had requests from property owners regarding forgiveness of development fees which could have been required for reconstruction of properties damaged in fire and flood situations, the City Council has determined a policy regarding such eventualities is necessary.. THEREFORE BE IT RE50LV~D, that it 5ha31 be'.'the po].icy of the'-Mayar and Council of the City of Lake Elsinore that individuals who feel ~ capital improvement fees mandated under Ordinance No. 572 may be in- ~ appropriate because their properties have been damaged by fire or flood ~ ~~, have the option of applying to the Mayor and Council for forgiveness of ~ fees and, BE IT FURTHER RESOLVED that the Council is willing to review each petition individually in order to determine the appropriateness and . advantages to the Community's welfare in ~the forgiving of these fees, and ~ BE IT FURTHER RESOLVED that the Mayor and Council will only consider such individual petitions when they are in written form, documented,~and ~, include details of facts involved as;.to the recent habitability of the I. ~ Q 3 4 5 6 7 $ 9 ~~ 11 12 13 14 1~ 16 17 ]:8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 _ structure, the means by which the structure was damaged and the petitioner's reason for which it is felt a waiver of fees should be considered, and BE IT FINALLY RESOLVED that the intention of the Mayor and Council in establishing this policy is only to provide an orderly review process by the City in handling such petitions and should not be construed to intend any automatic or routine process to avoid the proper payment of capital improvement fees, nor is this policy intended to include any . considerations of forgiveness of any plan checking or building permit fees, etc., required under other sections of the Lake Elsinore Municipal Code. . PASSED, APPROVED AND ADOPTED this z3rd day of April 1979. ~ ~ \ ' Nap Harr.~ , Mayor ~ ATTEST: ~..a..-':'/'_.t-~.~~/ ~-d":r~'~~J~~-~" .~ Florene Marshall, City Clerk ~