Title
Supervisor Sweeney recommending the Board direct County Counsel, as lead, to prepare an appeal from the imposition of the “Fire Prevention Fees” being imposed by the State of California pursuant to ABX1 29 of 2011 (signed by Governor July 7, 2011) on behalf of all affected land owners of the County of El Dorado.
Such appeal would be pursuant to Public Resources Code Section 4220 et seq as set forth in the legislation and would be signed by the Board Chair. (Est. Time: 1 Hr.)
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BACKGROUND
(Note: all of the following sections are from the California Public Resources Code)
ABX1 29 provides as follows:
The setting of the fee:
4212. (a) (1) By September 1, 2011, the board shall adopt emergency regulations to establish a fire prevention fee for the purposes of this chapter in an amount not to exceed one hundred fifty dollars ($150) to be charged on each structure on a parcel that is within a state responsibility area.
(2) The Legislature finds and declares that a fire prevention fee of not more than one hundred fifty dollars ($150) is a reasonable amount for the necessary fire prevention activities of the state that benefit the owner of a structure within a state responsibility area.
The appeals:
4220. A person from whom the fire prevention fee is determined to be due under this chapter may petition for a redetermination of whether this chapter applies to that person within 30 days after service upon him or her of a notice of the determination. If a petition for redetermination is not filed within the 30-day period, the amount determined to be due becomes final at the expiration of the 30-day period.
4221. Each petition for redetermination of the application of this chapter shall be in writing and be sent to the department, the board, and the State Board of Equalization. The petition shall state the specific grounds upon which the petition is founded and include supporting documentation. The petition may be amended to state additional groun...
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