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PUBLIC FIRE AND SAFETY SURCHARGE
(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)
(A) A public fire and safety surcharge may be appealed for change or relief in accordance with the following criteria:
(1) Any responsible party who disputes any interpretation given by the city as to the classification of property may appeal such interpretation.
(2) A person responsible to pay the public fire and safety surcharge may seek a reduction or elimination of the surcharge by demonstrating to the Public Fire and Safety Surcharge Appeal Committee that the services of the Fire Department cannot be beneficially used.
(3) If the appeal is successful, relief will be granted as appropriate. In such instances, reimbursement will be given for any overpayment, retroactive to the filing date of the appeal. Factors to be taken into consideration include, but are not limited to: availability of more accurate information; equity relative to billing classifications assigned to other developments of a similar nature; changed circumstances; and situations uniquely affecting the party filing the appeal.
(4) Any responsible party may claim a financial hardship. The Public Fire and Safety Surcharge Appeal Committee is authorized the discretion to determine financial hardships on a case-by-case situation or to establish guidelines for making such a determination. These guidelines shall be approved by the City Council by resolution before going into effect.
(B) Application for appeal shall state the reason for appeal, with supporting documentation to justify the requested change or relief.
(C) The Public Fire and Safety Surcharge Appeal Committee shall be responsible for evaluating appeals. If the committee decides information provided through the appeal process justifies a change, the committee may authorize this change (up or down) retroactive to the date the appeal was filed.
(D) The Public Fire Safe Surcharge Appeal Committee shall make all reasonable attempts to resolve appeals utilizing available existing information, including supporting documentation filed with the appeal, within thirty days of the date the appeal was filed. If, however, more detailed site-specific information is necessary, the committee may request the applicant to provide such information.
(E) In any event, the Public Fire and Safety Surcharge Appeal Committee shall file a report within 90 days of the date the appeal was filed explaining the disposition of the appeal, along with the rationale and supporting documentation for the decision reached.
(F) Decisions of the Public Fire and Safety Surcharge Appeal Committee may be further appealed to the City Council, and shall be heard at a public meeting. Upon such further appeal, the City Council shall at its first regular meeting thereafter set a hearing date. The matter shall be heard solely upon the record. In no event shall a final decision be made later than ninety days after the matter was formally appealed to the City Council.
(G) The filing fee for an appeal shall be $50. An additional $50 fee is required for further appeal to the City Council. These fees are fully refundable should the appellant adequately justify and secure the requested change or relief.
(Ord. 546, passed 12-8-2014; Ord. 547, passed 4-13-2015)
(A) In the event funds received from city utility billings are inadequate to satisfy in full all of the water charges, sewer charges, and public fire and safety surcharge for a responsible person, credit shall be given first to the public fire and safety surcharge, second to the sewer services charges, third to the charges for water service.
(B) Notwithstanding any provision herein to the contrary, the city may institute any necessary legal proceedings to enforce the provisions of this subchapter, including but not limited to injunctive relief and collection of charges owing. The city’s enforcement rights shall be cumulative.
(Ord. 546, passed 12-8-2014; Ord. 547, passed 4-13-2015)