HomeMy WebLinkAboutMINUTES - 02141995 - H1 u
ORDINANCE 95- 9
(Weights and Measures Device Registration Fees)
The Contra Costa County Board of Supervisors ordains as follows (omitting the
parenthetical footnotes from the official text from the enacted or amended provisions of
the County Ordinance Code).
SECTION I. SUMMARY. This ordinance amends Ordinance section 522-2.404 to add
a registration fee for motor truck scales of $100 per device and to add a registration fee
for specified livestock scales of $100 per device or $100 for up to 3 devices at one
location. (Bus. & Prof. Code, § 12240.)
SECTION II. Section 522-2.404 is amended to read:
522-2.404 Amounts. The fees due hereunder are set by numbers of commercial
devices at each location under common ownership or management, as follows:
(a) For mobilehome parks, recreational vehicle, and apartment complexes, where
the owner of the park or complex owns and is responsible for the utility meters: an
annual fee of sixty dollars (S60) per park or complex, and a fee of two dollars ($2) per
device per space or apartment.
(b) For weighing devices with capacities of 20,000 pounds or greater, except for
livestock and motor truck scales: an annual fee of two hundred dollars ($200) per
device.
For motor truck scales. the fee shall be one hundred dollars ($100) per
device.
For livestock scales with capacities of 20.000 pounds or more. the fee shall he
one hundred dollars ($100) per device. except that the fee for not more than three
devices ata sin(-rle location shall be one hundred dollars ($100).
(e) For locations other than those listed in Subsection (a) and for devices others
than those subject to Subsections (b), (c), and (d):
(1) Number of Devices (2) Fee per Location
1 to 3 .........................................................................$ 40.
4 to 9 ..............................................................................80.
10 to 19..........................................................................120.
20 to 25.............................................................. .160.
Over _� .........................................................
(Ords. 95- 9 §2, 94-1. S3-16; Bus. & Prof. Code ti§ 12240(h),(i),(j), 12243.)
ORDINANCE 95- 9
1.
ORDINANCE 95- 9
(Weights and Measures Device Registration Fees)
The Contra Costa County Board of Supervisors ordains as follows (omitting the
parenthetical footnotes from the official text from the enacted or amended provisions of
the County Ordinance Code).
SECTION I. SUMMARY. This ordinance amends Ordinance section 522-2.404 to add
a registration fee for motor truck scales of $100 per device and to add a registration fee
for specified livestock scales of $100 per device or $100 for up to 3 devices at one
location. (Bus. & Prof. Code, ti 12240.)
SECTION II. Section 522-2.404 is amended to read:
522-2.404 Amounts. The fees due hereunder are set by numbers of commercial
devices at each location tinder common ownership or management, as follows:
(a) For mobilehome parks, recreational vehicle, and apartment complexes, where
the owner of the park or complex owns and is responsible for the utility meters: an
annual fee of sixty dollars ($60) per park or complex, and a fee of two dollars ($2) per
device per space or apartment.
(b) For weighing devices with capacities of 20,000 pounds or greater, except for
livestock and motor truck scales: an annual fee of two hundred dollars ($200) per
device.
For motor truck scales. the fee shall be one hundred dollars ($100) per
device.
For livestock scales with capacities of 20.000 pounds or more. the fee shall he
one hundred dollars ($100) per device. except that the fee for not more than three
devices at a sin(-,,Ie location shall be one hundred dollars ($100).
(e) For locations other than those listed in Subsection (a) and for devices others
than those subject to Subsections (b), (c), and (d):
(1) Number of Devices (2) Fee per Location
1 to 3 .........................................................................$ 40.
4 to 9 .........:....................................................................80.
10 to 19..........................................................................120.
20 to 25..........................................................................160.
Over25..........................................................................200.
(Orris. 95- 9 tit, 94-1, 53-16; Bus. & Prof. Code §ti 12240(h),(t),(1) 12243.)
ORDINANCE 95- 9
1.
SECTION III. Effective Date. This ordinance becomes effective 30 days after passage,
and within 15 days after passage shall be published once with the names of supervisors
voting for and against it in the CONTRA COSTA TIMES , a newspaper published
in this County. (Gov. Code, §§ 25123 & 25124.)
PASSED ON February 14 , 1995 , by the following vote:
AYES: Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board and County Administrator
By:
Deputy Board thair
[SEAL]
MAM/fjb
FBINnAweights.ord
ORDINANCE 95- 9
•r ------ -�-- rs+
BOARD OF SUPERVISORS , CONTRA COSTA COUNTY , CALIFORNIA
AFFIDAVIT OF MAILING
In the Matter of
Notice of Hearing on proposed. fees
for motor truck scales and livestock
scales
I declare under penalty of perjury that I am now, and
at all times herein mentioned have been, a citizen of the
United States , over age 18; and that today I deposited in the
United States Postal Service in Martinez , California , postage
fully prepaid, a certified COPY Of Notice of Hearing on Fees
to the following :
DAVID LWON
TETE HOFMANN COMPANY
PO BOX 907
CONCORD CA 94522
BU=ING nDJMY ASSOCIATION
PO BOX 5160
SAN RAMDN CA 94563
DENNIS J RAZZARI
DAVIDDN HOMES
1600 SO Mi MAIN ST #150
RAU= MEEK CA 94596
Albert D. Seeno Construction Co.
Attn: Jeanne C. Pavao
Corporate Counsel
P. 0. Box 4113
Concord, CA 94524-4113
I declare under penalty of perjury that the foregoing
is true and correct.
Dated_ January 19. 1995 at Martinez, California.
epu y Cler=
3
NOTICE
NOTICE IS HEREBY GIVEN that on February 14, 1995 at 11:00 a.m. in
the Board of Supervisors Chambers at 651 Pine Street, 1st Floor, Martinez,
CA, a public hearing will be held to add fees to the County Ordinance
Code section 522-2.404 for motor truck scales and livestock scales. A copy
of the fee proposal is on file in the Clerk of the Board of Supervisor's
Office at 651 Pine Street, 1st Floor, Martinez, CA.
hereby Certify that this is a true and correct copy of
an action taken and entered on tho minutes of the
Board of Supe .sons on the date shown.
arresreD: �
PHIL B CHELOR,Clerk of the Board
of Supervisors and County Administrator
gy 2a2i � " � ,Deputy
4 I f`
1'GfS AND CHARGES § 12243
CIS. 2
12242. Disposition of revenue from fees charged
The re\,•cnue from any fee charged pursuant to Section 12240 shall be
deposited in the general fund of the county and used solely for the activities
required by Section 12210.
(Added by Stats.1982, c. 1380, p. 5267, § 4. Amended by Stats.1983. c. 1245. § 5.)
Historical Note
The 1933 amendment substituted -Section fees be"deposited- rather than `placed" in the
12240" for"Section 12280 and provided that general fund of the county.
Library Refercncce
States x126.
C.J.S. States § 228.
§ 12243. Ordinance charging fees; adoption; public meeting; notice
In addition to providing notice as otherwise required, before adopting an
ordinance charging fees pursuant to Section 12240, the board of supervisors
shall hold at least one public meeting, at which oral or written presentations
can be made, as part of a regularly scheduled meeting. Notice of the time
and place of the meeting, including a general explanation of the matter to be
considered, and a statement that the information required by this section is
available, shall be mailed at least 14 days prior to the meeting to any
interested party who files a written request with the board of supervisors.
Any written request for the mailed notices shall be valid for one year from the I
date on which it is filed unless a renewal request is filed. Renewal requests
for the mailed notices shall be filed on or before April i of each year. The
board of supervisors may establish a reasonable annual charge for sending
the notices based on the estimated cost of providing that service. At least 10
days prior to the meeting, the board of supervisors shall make available to the
public information indicating the amount of cost, or estimated cost, required
to provide the service for which the fee is charged and the revenue sources
anticipated to provide the service, including general fund- revenues. If the
fees create revenues in excess of actual cost, those revenues shall be used to
reduce the fee creating the excess.
(Added by Stats.1982, c. 1380, § 4. Amended by Stats.1983, c. 1245, § 6.)
Historical [Mote
The 1983 amendment substituted "Section
12240" for "Section 12280" in the first sen-
tc ttcc.
Library References
Weights and Measures a7.
CJS- Weights and Measures§ 5-
363
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COONTY
MARTINEZ, CALIFOINIA
Date: January 12 , 1995
To: John H. DeFremery, Agricultural Commissioner -
Director of Weights and Measures
From: Victor J. Westman, County Counsel
By: Mary Ann McNett Mason, Deputy County Counsel X),
Re: Draft Revision of Device Registration Fee Ordinance
Attached please find a draft ordinance amending County
Ordinance Code section 522-2 . 404 to add fees for motor truck scales
and livestock scales . The fees are authorized by Business and
Professions Code section 12240 as amended by Statutes of 1994 ,
Chapter 592 § 5 .
Since this ordinance will add fees for motor truck scales and
livestock scales , the notice and hearing procedures provided in
Business and Professions Code section 12243 ( copy attached ) are
applicable . Under section 12243 , before adopting an ordinance
charging fees pursuant to section 12240 , the oard of Supervisors
must hold a public hearing at a regularly scheduled public meeting at
which oral and written presentations about the proposed ordinance can
be made . Fourteen days before the meeting, a written notice of the
meeting must be mailed to any interested party who has a written
request for notices on file with the Board of Supervisors . . The
notice must specify the time and place of the hearing, and include a
general explanation of the matter to be considered and a statement
that information is available about the cost of providing the service
for which the fee is charged and the revenue sources anticipated to
provide the services . (A model notice is attached . ) (Bus . & Prof .
Code, § 12243 . )
The Board of Supervisors must make the above fee information
available to the public for at least ten ( 10 ) days prior to the
meeting. (Bus . & Prof . Code, § 12243 . ) We suggest that you prepare
a statement containing the necessary information and put it on file
with the Clerk of the Board of Supervisors at least ( 10 ) ten days
prior to the public hearing on the ordinance .
JAN 1 3 1995
i
John H. DeFremery -2- January 12 , 1995
Note that since this ordinance would impose a statutory fee
for service, and the statute requires that the fee not exceed the
County' s actual cost of providing the service, the notice and hearing
provisions provided in Government Code section 54954 . 6 do not apply.
(Gov. Code § 54954 . 6 (a ) ( 1 ) (A) . )
MAM/f jb
cc : Phil Batchelor, County Administrator
Attn: Jeanne Maglio, Chief Clerk, Board of Supervisors
fJb-4 mam a:\defremery.ord
i
r ORDINANCE 95-
(Weights and Measures Device Registration Fees)
z The Contra Costa County Board of Supervisors ordains as follows (omitting the
parenthetical footnotes from the official text from the enacted or amended provisions of
the County Ordinance Code):
SECTION I. SUMMARY. This ordinance amends Ordinance section 522-2.404 to add
a registration fee for motor truck scales of $100 per device and to add a registration fee
for specified livestock scales of $100 per device or $100 for up to 3 devices at one
location. (Bus. & Prof. Code, § 12240.)
SECTION H. Section 522-2.404 is amended to read:
522-2.404 Amounts. The fees due hereunder are set by numbers of commercial
devices at each location under common ownership or management, as follows:
(a) For mobilehome parks, recreational vehicle, and apartment complexes, where
the owner of the park or complex owns and is responsible for the utility meters: an
annual fee of sixty dollars ($60) per park or complex, and a fee of two dollars ($2) per
device per space or apartment.
(b) For weighing devices with capacities of 20,000 pounds or greater, except for
livestock and motor truck scales: an annual fee of two hundred dollars ($200) per
device.
For motor truck scales. the fee shall be one hundred dollars ($100) per
device.
For livestock scales with capacities of 20.000 pounds or more. the fee shall he
one hundred dollars ($100) per device. except that the fee for not more than three
devices at a sin(,Tle location shall be one hundred dollars ($100.
(e) For locations other than those listed in Subsection (a) and for devices others
than those subject to Subsections (b), (c), and (d):
(1) Number of Devices (2) Fee per Location
1 to 3 .........................................................................$ 40.
4 to 9 ..............................................................................80.
10 to 19..........................................................................120.
20 to 25..........................................................................160.
Over25..........................................................................200.
(Orris. 95-_ §2. 94-1. 83-16; Bus. & Prof. Code §§ 12240(h),(i),(j), 12243.)
ORDINANCE 95-_
1
SECTION I11. Effective Date. This ordinance becomes effective 30 days after passage,
and within 15 days after passage shall be published once with the names of supervisors
voting for and against it in the , a newspaper published
in this County. (Gov. Code, §§ 25123 & 25124.)
PASSED ON , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk of
the Board and County Administrator
By:
Deputy Board Chair
[SEAL]
MAM/fjb
FB3A-.nAxvciohts.nrd
ORDINANCE 95-