Chapter 3.26
PUBLIC SAFETY FEE
Sections:
3.26.010 Creation of public safety fee, purpose.
3.26.030 Administrative officer designated.
3.26.040 Establishment and revision of public safety fee.
3.26.050 Imposition of public safety fee.
3.26.070 Billing and collection of public safety fee.
3.26.080 Public safety fee discount for extreme hardship.
3.26.010 Creation of public safety fee, purpose.
There is hereby created a public safety fee for the purpose of providing funding for public safety. Fees collected shall be deposited into the city of Central Point general public safety fee account to be used only for purposes identified within this chapter. The council hereby finds, determines and declares the necessity of providing funding for both the police and fire department for the health, safety and welfare of the city and its inhabitants. (Ord. 2009 §1(part), 2015).
3.26.020 Definitions.
“Developed property” means property on which improvements have been constructed, as defined in the land use planning code.
“Multiple-family unit” means a residential structure with three or more attached dwelling units in one or more structures in which the units are served by common meters for water.
“Nonresidential unit” means a use of developed property not for personal, domestic accommodation, such as a business, commercial, or industrial enterprise. A nonresidential unit which provides facilities for one or more businesses shall be charged as a single unit for purposes of the public safety fee.
“Residential unit” means a residential structure accommodating one dwelling unit, including manufactured structures and mobile homes. In the case of attached dwelling units such as duplexes, townhomes, condominiums, and accessory or ancillary dwelling units which include permanent provisions for sleeping, cooking and sanitation, each unit which is separately metered for water shall be considered a separate residential unit for purposes of collecting the fee.
“Responsible party” means the person(s) having the right to occupy the property unless another responsible person has agreed in writing to pay and a copy of that writing is filed with the city. If the city is not able to identify any other responsible person, or if the person(s) having the right to occupy the property refuse to pay the city’s public safety fee, the owner of record shall be the responsible party.
“Undeveloped property” means unimproved land and open space as defined by the city of Central Point land use codes. (Ord. 2095 § 1, 2023; Ord. 2009 §1(part), 2015).
3.26.030 Administrative officer designated.
The city manager shall be responsible for the administration of this fee. The city manager shall be responsible for developing administrative procedures for the fee, and all other activities related to the purpose of the public safety account. (Ord. 2009 §1(part), 2015).
3.26.040 Establishment and revision of public safety fee.
The city council hereby establishes a public safety fee to be paid by the responsible party for each developed property within the corporate limits of the city. Such fee shall not be imposed in amounts greater than that which is necessary, in the judgment of the city council, to provide sufficient funds for public safety. Collection of the fee for each property shall be made by a monthly charge which shall commence on the first day of July, 2015. The city council may, from time to time, by resolution, change the fee based upon revised estimates of the costs, or other factors identified in this chapter. (Ord. 2009 §1(part), 2015).
3.26.050 Imposition of public safety fee.
A. Residential Unit. There is hereby imposed upon developed residential units in the city a public safety fee for each dwelling unit existing on that parcel.
B. Multiple-Family Unit. There is hereby imposed upon the responsible party for a multiple-family unit a public safety fee for each separate dwelling unit within the multiple-family unit existing on that parcel. By way of example, an apartment complex containing thirty units would be subject to a monthly public safety fee of thirty units times multifamily public safety fee.
C. Nonresidential Unit. There is hereby imposed upon the responsible party for a nonresidential unit a public safety fee for each common meter to serve the nonresidential unit existing on that parcel.
D. This fee is deemed reasonable and is necessary to fund public safety. The fee amount is established in the most recent fee schedule approved by resolution of the city council. The effective starting date of this fee will be July 1, 2015, and will appear on water bills delivered in July 2015. (Ord. 2095 § 2, 2023; Ord. 2009 §1(part), 2015).
3.26.060 Rate adjustment.
An annual rate adjustment may be made based on the Consumer Price Index (CPI-U) for the Portland, Oregon MSA and index period 1982-1984 = 100. The adjustment shall be the percent change in the CPI for the calendar year ending December 31st of each year. The adjustment shall be made to the customer’s water bill beginning the following March. The first adjustment may be made in March 2016 upon resolution duly adopted and approved by the city council. (Ord. 2009 §1(part), 2015).
3.26.070 Billing and collection of public safety fee.
A. Public safety fees shall be collected monthly on the city water bill per Section 3.26.050.
B. Unless another person responsible 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 water charges is responsible for paying the public safety fee, if the property is located within the city limits.
C. In the event a developed property is not served by a domestic water meter, or if water service is discontinued, the public safety fee shall be billed to the persons having the right to occupy the property. If unpaid by the occupants of the property the bill will be the responsibility of the property owner ultimately.
D. A request for water or sewer service, a building permit, or the occupancy of an unserviced building will automatically initiate appropriate billing for public safety fee.
E. There shall be no charge for an undeveloped property until such time as any permit is issued for that property.
F. A late charge shall be attached to any public safety fee not received within thirty days of billing. The charge is established under administrative fees by resolution.
G. Notwithstanding the above, if the public safety fee is not paid for a period of three months, the fee, with any attendant late fees, shall be imposed on the responsible party. Unpaid amounts will ultimately become a lien against the property and the responsibility of the property owner. Water is subject to shut-off by the city. (Ord. 2009 §1(part), 2015).
3.26.080 Public safety fee discount for extreme hardship.
Eligible households may apply for a discount of the public safety fee pursuant to that procedure set forth in Chapter 13.16. (Ord. 2087 §2, 2022; Ord. 2009 §1(part), 2015).
3.26.090 Use of moneys.
Fees collected shall be deposited into the city of Central Point general public safety fee account to be used only for purposes identified within this chapter. It shall not be necessary that the operations and maintenance expenditures from the account specifically relate to any particular property from which the fees for said purposes were collected. To the extent that the fees collected are insufficient to properly fund public safety, the cost of the same may be paid from such other city funds as may be determined by the city council, but the city council may order the reimbursement to such fund if additional fees are thereafter collected. All amounts on hand in the general public safety account shall be invested by the chief financial officer in investments proper for city funds. The fees paid and collected by virtue of this chapter shall not be used for general or other governmental or proprietary purposes of the city, except to pay for the equitable share of the cost of accounting, management and government which is attributable to the account, which shall not exceed five percent of the gross revenues of the account during any fiscal year. Other than as described above, the fees and charges shall be used solely to pay for the cost of operation, administration, maintenance, repair, improvement, renewal, replacement and reconstruction of public safety areas of the city and costs incidental thereto. (Ord. 2009 §1(part), 2015).
3.26.100 Appeal procedure.
A person aggrieved by a decision required or permitted to be made by the city manager under this chapter may appeal the decision or the expenditure to the city council as provided in Section 1.04.060. (Ord. 2009 §1(part), 2015).