§ 34.62 ESTABLISHMENT OF EMERGENCY SERVICE FEES.
   (A)   Emergency service fees are imposed jointly and severally upon: (1) corresponding utility account holders of record; and/or (2) the owners of record, on all developed property within the city. All developed property receives a direct or indirect benefit from emergency services. Unless specifically exempted, emergency services fees apply to all City of Rockaway Beach utility accounts, including those that serve local, state and federal governments, and to utility accounts that serve premises that are entitled to an exemption from or deferral of ad valorem property taxes. The emergency service fees shall also apply to premises not connected to utility services such as commercial storage units.
   (B)   The entirety of the emergency service fees are earned or assessed for all or any part of a calendar month as of the first of the month. City shall not be required to apportion emergency service fees, in whole, part or by emergency service among multiple owners or ownerships in any month.
   (C)   The obligation to pay the emergency services fees is a personal obligation of the customer responsible for payment of the city utility account. Residential units and non-residential units that are the basis for calculating the emergency services fees do not in any way create an obligation of the property or premises. No lien will attach to any premise because of the nonpayment of the emergency services fees. The emergency service fee may be paid by any person.
   (D)   The fees shall be based on the Residential Meter Equivalent (RME), which corresponds to the direct and indirect demand for the use of emergency services generated by the utility account customer. The fees imposed under this chapter shall become due and payable from and after the effective date of this chapter, and for developed property after the effective date of this chapter, from and after the date the property becomes developed or water service provided.
   (E)   The emergency services fees described herein are not subject to the property tax limitations of Article IX, Sections 11b and 11(19) of the Oregon Constitution and is not a fee imposed on property or property owners by fact of ownership.
   (F)   The fees imposed under this chapter shall begin with city services bills issued on or after January 10, 2020.
(Ord. 19-438, passed 12-11-2019)