Chapter 2.48
FIRE AND MEDICAL SERVICES MITIGATION FEE
Sections:
2.48.010 Purpose, intent and findings.
2.48.030 Fire and emergency medical services mitigation fees established.
2.48.040 Applicability of provisions.
2.48.050 Fire mitigation and emergency medical services fees fund established.
2.48.010 Purpose, intent and findings.
The purpose of this chapter is to impose and collect a fire mitigation fee on all new residential, nonresidential and mobilehome development within the city, which fee is imposed for the sole purpose of raising revenues aimed at increasing levels of fire and emergency medical services protection, based on the following findings:
A. The continued construction of new residential, nonresidential and commercial and industrial buildings, with the attendant increase in population of the city and increased demand on existing fire and emergency medical services facilities, has affected the adequacy and availability of fire and emergency medical services protection within the city and has created an urgent need for the acquisition, improvement and expansion of those essential services.
B. This needed expansion of services includes construction of new fire houses and purchase of new equipment necessary in order to maintain the existing quality of fire protection and medical emergency services to the rapidly expanding city, and to preserve the public health, safety and general welfare.
C. Without the imposition of the fees provided for by this chapter, new residential and nonresidential uses will receive fire protection and emergency medical service without having contributed to the financing of new facilities necessary to the expanded use, and existing fire protection services will be further taxed.
D. It is appropriate that new construction pay its fair share of the additional cost of maintaining emergency fire and emergency medical services and attendant facilities.
E. The city council of the city has held public meetings and a noticed public hearing relating to the necessity of raising and increasing city revenues for the purpose of ensuring adequate fire and emergency medical services protection to the residents of the city.
F. The most practical and equitable method of raising the revenues necessary to ensure adequate fire and emergency medical services protection to the city is to impose a fire and emergency medical services mitigation fee upon new construction within the city. (Ord. 24 § 1, 1988)
2.48.020 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases are defined as follows:
A. “Dwelling unit” means and includes each single-family dwelling and each separate habitation unit of an apartment, duplex, or multiple dwelling structure designated as a separate habitation for one or more persons, although a part of the same building or structure, and each space in a mobilehome park.
B. “Person” means and includes every person, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club, society or corporation or other entity constructing a dwelling unit itself or through the services of an employee, agent, or independent contractor.
C. “Residential buildings” means apartments or dwelling units as defined in this chapter; all other buildings shall be considered nonresidential. (Ord. 24 § 2, 1988)
2.48.030 Fire and emergency medical services mitigation fees established.
A. The city council shall establish a fire and emergency medical services mitigation fee by resolution, and shall adjust the fee as necessary to reasonably reflect the actual projected cost of providing the facilities necessary in order to carry out the objectives of this chapter.
B. In addition to any other fee or license required for construction in the city, every person constructing or causing to be constructed or erected any dwelling unit or nonresidential structure within the city for which a building permit is required or installation of a mobilehome, shall pay a fire and emergency medical services mitigation fee in the amount and at the rates set forth by resolution of the city council. (Ord. 24 § 3, 1988)
2.48.040 Applicability of provisions.
A. The fire mitigation and emergency medical services fee established in this chapter shall apply to all designated construction for which a building permit has not yet been issued, excluding those projects which are proceeding according to developer agreements which preclude the imposition of this fee or where a valid vesting tentative map has been approved, on the effective date of the ordinance codified in this chapter.
B. The fee shall be payable to the city prior to issuance by the city of a building permit or upon issuance by the city of a permit to construct and install electrical and plumbing equipment to service a mobilehome. (Ord. 24 § 4, 1988)
2.48.050 Fire mitigation and emergency medical services fees fund established.
A. All fire and emergency medical services mitigation fees collected shall be placed in a special fund which is created and established for such purposes and which shall be known as the fire and emergency medical services mitigation fees fund.
B. Sums collected under this chapter may be expended for the acquisition or construction of new fire and emergency medical services facilities or structures owned by the city, for the improvement or expansion of existing fire and emergency medical services facilities or structures owned by the city, or for the acquisition of new equipment and maintenance of fire fighting and emergency medical services equipment owned by the city; provided, that such expenditure from the fund has been authorized by the city council. (Ord. 24 § 5, 1988)