Chapter 11.20
TRANSPORTATION UTILITY FEES
Sections:
11.20.050 Unit rate established.
11.20.060 Service charge adjustments and appeals.
11.20.070 Transportation utility fee discounts for extreme hardship.
11.20.090 Commencement of charges.
11.20.120 Property liens--Collections.
11.20.010 Purpose.
It is the purpose of this chapter to provide for the recovery of the costs of maintaining and operating the city of Central Point transportation system. There is hereby created an account within the street fund known as the “transportation utility fee.” All fees and charges imposed herein shall be placed in said account for the purpose of paying expenses related to the replacement, repair, maintenance, operation, or administration of the transportation system. (Ord. 2029 §3(part), 2016; Ord. 1910 §1(part), 2008).
11.20.020 Applicability.
The requirements of this chapter shall apply to all parcels of real property in the city of Central Point, including publicly and privately owned property. (Ord. 2029 §3(part), 2016; Ord. 1910 §1(part), 2008).
11.20.030 Definitions.
“City” means the city of Central Point, Oregon, or as indicated by the context may mean any official, officer, employee or agency representing the city in the discharge of his or her duties.
“City roads” means all roads, public and private, excluding state and county roads, in the city of Central Point.
“Developed parcel” means a parcel of real property which has been altered by development coverage.
“Gross square footage” shall mean the calculated area of all structures, located on a site, measured along the exterior walls of such structures, including but not limited to enclosed courtyards, stairwells, and square footage on each level of multi-story structures, but not including fences and parking areas which are not enclosed within a building.
“ITE Manual” means the Institute of Transportation Engineering Trip Generation Manual.
“Manager” shall mean the city manager or his or her designee.
“Multifamily residence” shall mean a residential structure accommodating two or more dwelling units.
“Parcel” shall mean the smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which constitutes a separate lot or tract capable of being conveyed without further subdivision.
“Residential land uses” shall mean ITE 200 series.
“Service charges” shall mean the amount owed after applying the appropriate rate to a particular parcel of real property based upon factors established by this chapter.
“Single-family residence” shall mean a residential structure accommodating one dwelling unit.
“Unit rate” means the dollar amount charged per adjusted average daily trip. There shall be a unit rate applied to residential land uses, identified as the residential unit rate, and a unit rate applied to all other land uses, identified as the commercial unit rate. (Ord. 2029 §3(part), 2016; Ord. 1969 §1(part), 2013; Ord. 1910 §1(part), 2008).
11.20.040 Rate structure.
A. Service charges for the transportation utility fee are hereby authorized and imposed, in amounts and on terms consistent with this chapter.
B. The rates and service charges shall be based on the service provided and the relative usage of the city transportation system for a given parcel. The estimated or measured trip generated will be used to determine the relative usage of the parcel. The rate shall be calculated by multiplying the unit rate by the assigned average daily trip estimate.
Average daily trip estimates shall be as follows:
1. Undeveloped Parcels. Undeveloped parcels shall not be charged.
2. City Roads. City roads shall not be charged.
3. All Other Developed Parcels. The monthly service charge for all other developed parcels, including publicly owned properties, shall be computed by multiplying the unit rate times the number of average daily trips applicable to the parcel, as delineated in Appendix A.1 For all customer classes not identified in Appendix A, average daily trips shall be applied as specified in the ITE Manual. (Ord. 2029 §3(part), 2016; Ord. 1910 §1(part), 2008).
11.20.050 Unit rate established.
Rates shall be established by resolution of the city council in accordance to the provisions set forth in Section 11.20.040. (Ord. 2029 §3(part), 2016; Ord. 1983 §1, 2014; Ord. 1910 §1(part), 2008).
11.20.060 Service charge adjustments and appeals.
A. Any person billed for service charges may file a “Request for Service Charge Adjustment” with the manager within thirty days of the date of the bill. However, submittal of such a request does not extend the period of payment for the charge.
B. A request for service charge adjustment may be granted or approved by the manager only when one or more of the following conditions exist:
1. The amount charged is in error; or
2. The parcel is nonresidential and the actual trips generated by that parcel, as established by a licensed surveyor or engineer at the expense of the owner, would result in a trip generation total that is greater than or less than the applied average daily trip estimate used in determining the charge;
3. The parcel exists in its natural unimproved condition and will remain in its natural unimproved condition with no allowable human activities or manmade improvements that would generate trips to or from the parcel; or
4. The parcel is nonresidential and has been one hundred percent vacant for a period of at least six months. In the event the service charge adjustment is granted, the adjustment shall terminate upon any use of the parcel that would generate trips to or from the parcel and the full utility fee shall begin with the next billing cycle. In the event the property owner or person in charge fails to notify the city of change of vacancy or use within ten business days, the full utility fee shall begin with the next billing and the property owner or person in charge may be billed retroactively for the full utility fee not to exceed the date the service charge adjustment was granted.
C. Service charge adjustments will only apply to the bill then due and payable and bills subsequently issued. The property owner shall have the burden of proving that the service charge adjustment should be granted.
D. Decisions on requests for service charge adjustment shall be made by the manager based on information submitted by the applicant and by the city within thirty days of the adjustment request, except when additional information is needed. The applicant shall be notified in writing of the manager’s decision.
E. Decisions of the manager on requests for service charge adjustments shall be final unless appealed to city council within thirty days of the date of the decision. (Ord. 2097 §1, 2023; Ord. 2029 §3(part), 2016; Ord. 1910 §1(part), 2008).
11.20.070 Transportation utility fee discounts for extreme hardship.
Eligible households may apply for a discount of the transportation utility fee pursuant to that procedure set forth in Chapter 13.16. (Ord. 2087 §4, 2022; Ord. 2029 §3(part), 2016; Ord. 1969 §1(part), 2013; Ord. 1910 §1(part), 2008).
11.20.080 Use of funds.
Service charges collected under this chapter shall be deposited into the city of Central Point transportation utility fee account to be used only for the purpose of paying all or any part of the cost and expense of maintaining and operating the transportation system, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing, maintaining and improving the transportation system. (Ord. 2029 §3(part), 2016; Ord. 1910 §1(part), 2008).
11.20.090 Commencement of charges.
For new construction, service charges will commence with the issuance of a building permit or installation of a water meter, whichever comes first. For existing structures, service charges will commence on the effective date of the ordinance codified in this chapter. (Ord. 2029 §3(part), 2016; Ord. 1910 §1(part), 2008).
11.20.100 Payment.
A. When the customer changes, service charges for the new customer begins when new customer information is received by the city. If notification of the change was not received by the city prior to the change in customer, the service charge shall begin with the next billing and the new customer may be billed retroactively, not to exceed one year.
B. If two or more persons are billed for service, they shall be jointly and individually liable and sent a single bill.
C. Transportation utility fee service charges shall be paid within thirty days from the service period ending date on the regular bill.
D. Payments shall be applied as provided by Section 3.40.090.
E. Closing bills shall be computed within two weeks after the transportation utility customer notifies the city that he or she is no longer the person responsible for the charge. (Ord. 2029 §3(part), 2016).
11.20.110 Delinquency.
A. Transportation utility service charges are delinquent if payment in full is not received by the city within thirty days from the service period ending date on the regular bill.
B. If a customer account for transportation utility service charges is delinquent, the city may discontinue any city provided water service billed to that customer. The city will follow the procedures identified in Section 13.04.120.
C. The council may establish by resolution fees for extra services required in collecting delinquent customer accounts for user charges.
D. The city may refuse to restore water service to the premises until the delinquent charges and other costs incurred are paid. (Ord. 2029 §3(part), 2016).
11.20.120 Property liens--Collections.
A. If the transportation utility customer is also the owner of the property, service charges plus billing service charges, late payment charge, charge for collecting delinquent bills, damages, charges for costs incurred by the city caused by violation of this chapter, and any other transportation utility charges incurred related to the property, shall be a lien against the property served from the date of delinquency. In the case of a closing bill where the property is being sold or transferred, the lien for the closing bill shall attach as of the day preceding the sale or transfer.
B. When a bill for transportation utility service fee remains unpaid for sixty days after it has been entered in the customer’s billing record or other city transportation utility record, and recorded in the city’s lien docket, the city may refer the debt to collections. In the alternative, or if collection efforts fail, the lien may be foreclosed in any manner provided by ORS 223.505 to 223.650, or as otherwise provided by law. (Ord. 2029 §3(part), 2016).
11.20.130 Tenant accounts.
A. The city’s claim against a tenant is transferred to the owner of the property when the city provides notice of the delinquent status to the tenant and mails a copy of the notice of delinquency by first class mail to the last address of the owner or owner’s agent that is on file with the city, within thirty days from the time the payment is due on the account. The transferred claim shall be a lien against the property served from the date the notice of delinquency is mailed to the owner of the property. The transfer does not relieve the tenant of the obligation to pay the claim.
B. The city may refuse to provide water service to a tenant if the tenant has a previous unpaid utility bill with the city unless the city and the tenant agree to a plan for repayment of unpaid utility bills.
C. The city will provide information to the owner or owner’s agent regarding the status of a tenant’s account upon request, within a reasonable amount of time. If a request is made verbally, the city shall provide the information verbally. If the city discloses information under this subsection, the city shall not be held responsible for the disclosure of information to a person who is not an owner or owner’s agent. (Ord. 2029 §3(part), 2016).
Appendix A is attached to Ordinance 1910 and may be found on file in the city recorder’s office.