§ 3-303. Report regarding disposition of criminal justice facilities fee revenues; action regarding unexpended revenues.

(a)

Within one hundred eighty (180) days after the last day of each fiscal year the chief administrative officer of the County of Butte or his/her designee shall provide to the board of supervisors a report regarding each separate account or fund established pursuant to this article, and the board shall then review the report, in compliance with the requirements of Government Code Section 66006(b).

(b)

Action by the board of supervisors. Commencing with the fifth fiscal year following the first receipt of any revenues from criminal justice facilities fee authorized and levied pursuant to the provisions of this article, and every five (5) years thereafter, the board of supervisors, following receipt of the Butte County chief administrative officer's report, shall make the required findings with respect to any unexpended criminal justice facilities fee revenues in the criminal justice facilities account as set forth in Government Code Section 66001(d). In the event that the criminal justice facilities fee revenues are found not to have been diligently expended, the board of supervisors may take one (1) of the following actions:

(1)

Order the expending of all or any part of such unexpended criminal justice facilities fee revenues for the acquisition, development or improvement of criminal justice facilities, vehicles and equipment in the manner hereinbefore provided by this article;

(2)

Make a finding with respect to all or any part of such unexpended criminal justice facilities fee revenues which identifies the purpose to which the revenues are to be put, and which demonstrates a reasonable relationship between the fees from which the revenues are derived and the purpose for which the revenues are derived, and the purpose for which the revenues are derived and the purpose for which they were charged; or

(3)

Order the refund of all or any part of such unexpended criminal justice facilities fee revenues, together with any interest accrued thereon, to the current owner of any property for which fees were paid; provided, however, that if the administrative costs of refunding such criminal justice facilities fee revenues exceed the amount to be refunded, the board of supervisors, after considering the matter at a public hearing, notice of which is given in the manner provided for by Government Code Section 66001(f), may order the expending of such revenues for any other facility or improvement for which development fees are charged or otherwise imposed pursuant to this code and which the board of supervisors determines will benefit the properties for which the criminal justice facilities fees were paid.

(Ord. No. 4063, § 14, 10-8-13)