The Department of Community Services charges fees for requested services and permits that are adopted by the Board of Supervisors and contained in the Yolo County Master Fee Schedule. The County of Yolo Administrative Policy on Cost Recovery and Fees states that no Board-approved fees or charges can be reduced or waived without the specific approval of the Board of Supervisors. However, the Policy allows the Board of Supervisors to delegate the authority to reduce fees to other county officials and approve a procedure with specific criteria for the officials to follow.
The recommended action would authorize the Director of Community Services, or his/her designee, to waive fees charged in association with a building demolition permit when the demolition will take place as a controlled burn by Yolo County firefighters for training purposes.
The requested fee waivers provide an incentive for property owners to allow a practice burn of a structure slated for demolition in order to provide training for Yolo County firefighters. This type of training can help fire fighters expand their capabilities, experience, and knowledge in a realistic, controlled setting.
The attached proposed policy provides the specific criteria the Director of Community Services or designee must follow when considering fee waivers for controlled burns.
The related fees are itemized below with estimated costs per structure:
| Department |
In/Direct Cost |
Description |
Amount |
| State of California |
Mandated Fee |
Building Standard Fee |
$1.00 |
| Building Division Fee |
Indirect Fee |
General Plan Cost Recovery Fee |
$6.19 |
| Building Division Fee |
Direct Fee |
Building Plan Review Fee |
$130.00 |
| Building Division Fee |
Direct Fee |
Demolition Per Building Fee |
$260.00 |
| Building Division Fee |
Direct Fee |
Permit Application/Issuance Fee |
$65.00 |
| Building Division Fee |
Indirect Fee |
Issuance Technology Fee |
$19.50 |
| Building Division Fee |
Indirect Fee |
Submittal Technology Fee |
$7.80 |
| Building Division Fee |
Indirect Fee |
Landfill Technology Fee |
$9.48 |
| Environmental Health Division Fee |
Direct Fee |
Environmental Health Review Fee |
$311.00 |
| Environmental Health Division Fee |
Direct Fee |
Environmental Health Septic Abandonment |
$500.00 |
| Environmental Health Division Fee |
Direct Fee |
Environmental Health Well
Abandonment |
$571.00 |
| Subtotal All Fees |
|
|
$1880.97 |
| Less State Mandated Fees |
Mandated
Fee |
Not Subject to Waiver |
<1.00> |
| Total Fee Waiver Request |
|
|
$1879.97 |
The State mandated fees totaling $1.00 are ineligible for waiver consideration because the County does not have the authority to waive state mandated fees. Therefore, the amount eligible for consideration under the requested fee waiver is $1879.97 per fire demolition at current adopted fees.
In consideration of the requested fee waivers specified in the requested action, the County of Yolo Administrative Policy on Cost Recovery and Fees requires an evaluation and making of specific findings. The evaluation and findings are outlined below:
- A finding that the waiver or reduction does not create an unconstitutional gift of public funds: All fee waivers constitute gifts of public funds. However, the relevant issue is whether the gift of public funds is unconstitutional because it is not used for a public purpose. The requested fee waiver relates to allowing a practice burn of a demolition structure, in order to provide training for Yolo County Firefighters. The fee waivers could benefit residents of the unincorporated communities. Therefore, it could be argued that granting of the fee waiver would not create an unconstitutional gift of public funds.
- A finding that the fee meets at least one of the criteria listed in Section C(2)(a) of the County of Yolo Administrative Policy on Cost Recovery and Fees [relating to fees for permitting costs and related factors] in regard to the payor: The requested fee waiver meet at least one of the criteria, as they pertain to fees typically collected for reasonable regulatory costs incidental to the issuance of permits and performance of inspections. The majority of the fee amounts listed in the table above reimburse costs directly related to the functions of reviewing and issuing permits and performing inspections. The exceptions are the Issuance Technology Fee, Submittal Technology Fee, and Landfill Technology Fee, which are used to reimburse the Department costs associated with the hardware and software that allow permits to be processed more efficiently and accurately; and the General Plan Cost Recovery fee, which is a cost-sharing reimbursement to the County for costs associated with maintaining and updating the County General Plan, and its associated community plans and specific plans.
- A finding that describes one or more of the following:
- The payment of the fee would cause an economic hardship.
- The payor is making a net economic contribution to the County that exceeds the amount of the fee; or is providing uncompensated services to the County of comparable value to the fee.
- The payor engages in activities that specifically advance the county's strategic plan goal.
While the payment of the fee is unlikely to cause an economic hardship, a finding can be made for item (3)(i) and (3)(ii), above.
In these specified circumstances, the fee payor is effectively donating the building for the Yolo County Firefighters. Additionally, most Yolo County Firefighters provide volunteer fire protection and medical response services within the unincorporated communities. As such, the Yolo County firefighters provide uncompensated services to the County that are of comparable value to the proposed fee waiver.
Allowing a practice burn of a house already slated for demolition will help firefighters expand their capabilities, experience, and knowledge in a realistic, controlled setting. In this way, the fee waiver requests supports the County's Strategic Plan Goal for Safe Communities by ensuring robust disaster emergency management program.
In addition, staff recommends that the policy be applied to this demolition permit (BP2018-0243) that was issued for a fire department practice and controlled burn of a SFD home. The Yolo Fire District and Chief Dan Tafoya organized the burn. Nearly almost all of the 13 Fire Districts in Yolo county attended and participated in the training burn. Staff was unable to process the fee waiver request and present it to the Board in time for the burn, which demonstrated the need for flexibility that a Board policy provides.
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