MEASURE A – FULL TEXT
AN ORDINANCE OF THE COUNTY OF SAN BENITO, STATE OF CALIFORNIA TO APPROVING AND IMPOSING A FEE TO OPERATE THE ABANDONED VEHICLE PROGRAM, WHICH WOULD BE A SPECIAL TAX PURSUANT TO STATE LAW
THE PEOPLE OF THE COUNTY OF SAN BENITO ORDAIN AS FOLLOWS:
SECTION 1. Article VI of Chapter 5.03 shall be added to the San Benito County Code as follows:
ABANDONED VEHICLE ABATEMENT PROGRAM AND FEE
5.03.300 – Abandoned Vehicle Abatement Program and Fee
Upon the approval by the governing bodies of San Benito County and a majority of the cities having a majority of the incorporated population within the county, there shall be imposed the following fee which is considered a special tax under California law, for a period of ten years:
Vehicle registration fees in the amount of $1.00 per vehicle and an additional $2.00 for certain commercial vehicles for a ten-year term under California Vehicle Code Sections 9250.7 and 22710, or any successor statutes thereto, for the purposes of removal and disposal of abandoned, wrecked, dismantled, or inoperative vehicles.
SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption by a majority of the electorate voting on the ordinance at the June 5, 2018 election. Section 1 of this ordinance shall be codified.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof.
SECTION 4. CAPTIONS. The titles and headings of this article and the sections thereunder are not part of this ordinance and shall have no effect upon the construction or interpretation of any part thereof.
SECTION 5. IDENTIFICATION OF TAX AND STATEMENT OF FACTS ON HOW TAX REVENUE CAN BE SPENT. The tax imposed by this ordinance is a special tax, and can only be used to fund the abandoned vehicle program. The revenues from the Abandoned Vehicle Fee can only be spent on the following specific purpose:
For costs and expenses associated with maintaining the abandoned vehicle program, including for the removal and disposal of abandoned, wrecked, dismantled, or inoperative vehicles.
This section shall constitute a legally binding and enforceable limitation on how the revenue from the tax imposed by this Ordinance can be spent.