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(A) The principal purpose of this subchapter is to safeguard, facilitate and encourage the health, safety, and welfare of the citizens and businesses of the city. The City Council also finds that a continuous and consistent fire protection and emergency medical response program provides a multitude of economic and social benefits to the public, including, but not limited to:
(1) Reduction in the incidence of fire;
(2) Improved response to fire and other disaster situations;
(3) Enhanced protection of property;
(4) Promotion of business and industry;
(5) Promotion of community spirit and growth; and
(6) Promotion of the health and safety of city residents.
(B) It is the intent of this subchapter to provide a funding mechanism to help pay for the benefits conferred on city residents and businesses by the provision of an adequately funded Fire Department for fire safety and emergency medical response, and further to help bring the Fire Department up to acceptable service levels and keep it there.
(C) The structure of this subchapter is intended to be a public fire and safety surcharge for Fire Department service within the city limits. In the event that the collected surcharge revenues are insufficient to properly operate the Fire Department, additional funding may be allocated by the City Council from other non-dedicated city funds provided, however, the City Council may direct the reimbursement to such other non-dedicated city funds if additional public fire and safety surcharge revenues are collected.
(Ord. 546, passed 12-8-2014; Ord. 547, passed 4-13-2015)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEVELOPED PROPERTY. A parcel or portion of real property on which a dwelling, structure, or building exists.
NON-RESIDENTIAL UNIT. Developed property that is not primarily for personal domestic accommodation, such as a business or commercial enterprise. A non-residential structure which provides facilities for one or more businesses including, but not limited to, permanent provisions for access to the public, shall have each distinct business facility considered as a separate non-residential unit. Motels and hotels shall be considered NON-RESIDENTIAL UNITS for these purposes.
PERSON. A natural person, unincorporated association, tenancy in common, partnership, corporation, limited liability company, cooperative, trust, any governmental agency, including the State of Oregon but excluding the City of Union, and other entity in law or in fact.
RESIDENTIAL UNIT. Developed property with a residential structure which provides complete living facilities for one or more persons including, but not limited to, permanent provisions for living, sleeping, and sanitation. A home business in a residential zone will be regarded only as a residential unit, not as a non-residential unit. Multi-family residential property consisting of two or more dwelling units, condominium units or individual mobile home units shall have each unit considered as a separate residential unit. A lot or parcel which contains a non-residential building or structure used primarily for personal purposes, not primarily for business or commercial purposes, shall be considered a RESIDENTIAL UNIT.
RESPONSIBLE PARTY. The person owing the public fire and safety surcharge.
(Ord. 546, passed 12-8-2014; Ord. 547, passed 4-13-2015)
(A) There is hereby created a public fire and safety surcharge to accomplish the above-stated purposes.
(B) The public fire and safety surcharge is hereby established and shall be assessed to each residential unit and to each non-residential unit within the city limits in accordance with a fee structure set forth by the city council by resolution.
(C) Except as the fees may be reduced or eliminated under § 92.46, the obligation to pay a public fire and safety surcharge arises when a responsible party uses or otherwise benefits from the services of the Fire Department. It is presumed that such services are used and that a benefit arises whenever the subject real property is developed property.
(D) Undeveloped properties shall not be charged a public fire and safety surcharge.
(E) Annually, as part of the budget review process, a determination shall be made as to whether a change in the surcharge would be appropriate or not.
(Ord. 546, passed 12-8-2014; Ord. 547, passed 4-13-2015)
All public fire and safety surcharge revenues derived shall be distinctly and clearly noted in both the revenue and expenditure sections of the city budget and shall be used for the improvement, maintenance, administration and operation of the fire department and costs incidental thereto and for no other purpose in order to help provide for a safe, well-functioning fire protection and emergency medical response program. The surcharges paid and collected by virtue of this chapter shall not be used for general or other governmental or proprietary purposes of the city.
(Ord. 546, passed 12-8-2014; Ord. 547, passed 4-13-2015)
(A) Public fire and safety surcharges shall be collected monthly. Statements for the surcharge shall be included as an additional item on the city monthly utility billing wherever feasible, unless otherwise specified below.
(B) Unless another person has agreed in writing to pay and a copy of that writing is filed with the city, the person normally responsible for paying the city’s water and sewer utility charges is responsible for paying the public fire and safety surcharge.
(C) In the event a developed property is not served by a domestic water meter or sewer hook-up, or if water and sewer service is discontinued, the public fire and safety surcharge shall be paid by the person or persons having the right to occupy or use the property.
(D) A request for water or sewer service by a person, a person’s request for the issuance of a building permit, or a person’s occupancy of a building will automatically cause the person to become the person responsible to pay the surcharge if that person has not already been the responsible party.
(E) There shall be no public fire and safety surcharge for undeveloped property until such time as building permits are issued for that property.
(F) The imposition of surcharges shall be calculated on the basis of the number of residential or non-residential units supported, without regard to the number of water meters serving the property.
(G) Late charges may be assessed in an amount determined by the city council by resolution for any public fire and safety surcharges that become thirty days past due.
(Ord. 546, passed 12-8-2014; Ord. 547, passed 4-13-2015)
(A) Except as provided below, the City Administrator shall be responsible for the administration of this subchapter and for the collection of fees hereunder.
(B) The City Council shall be responsible for designating three members to administer the appeal process under § 92.46. The body shall be known as the Public Fire and Safety Surcharge Appeal Committee.
(C) The City Administrator is authorized and directed to review the operation of this subchapter and, where appropriate, to recommend supplemental provisions thereto in the form of administrative procedures for adoption by the city council by resolution. Such procedures, if adopted by the council, shall be given full force and effect, unless clearly inconsistent with this subchapter.
(Ord. 546, passed 12-8-2014; Ord. 547, passed 4-13-2015)
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