Chapter 13.13
PUBLIC WORKS FACILITY FEE
Sections:
13.13.030 Establishment of fee.
13.13.070 Adjustment and administration of accounts.
13.13.010 Purpose.
The purpose of the public works facility fee is to provide a funding mechanism to pay for the benefits conferred on residents, customers, and businesses in the provision of city public works and utility services through a new public works facility and maintenance of the public works facility. The new public works facility will meet state and local building standards and will allow the city to better serve its customers. (Ord. 9-2018 § 1 (Exh. A))
13.13.020 Definitions.
As used in this chapter, the following definitions apply:
A. “City utility service” means water, sanitary sewer, and/or storm water services provided by the city.
B. “Nonresidential unit” means a premises or a portion of a premises which is not used primarily for personal domestic accommodation and includes but is not limited to governmental, nonprofit, business, food cart, commercial, and industrial enterprises. Each separate business entity located on a premises shall be considered a separate nonresidential unit for these purposes. Portions of premises primarily used for transient lodging and subject to Chapter 3.05 FMC (Hotel and Motel Tax) shall be considered a nonresidential unit when occupancy is 30 days or less.
C. “Premises” means a parcel or portion of real property which is receiving city utility service.
D. “Residential unit” means a premises or a portion of a premises used for personal, domestic accommodation which provides complete living facilities for one or more persons. An accessory or ancillary residential dwelling unit on a premises may be considered as a separate residential unit. In premises with two or more apartments, condominiums, mobile homes, or other residential units, each residential unit shall be considered as a separate residential unit. Portions of premises primarily used for transient lodging and subject to Chapter 3.05 FMC (Hotel and Motel Tax) shall be considered a residential unit when occupancy is more than 30 days.
E. “Vacancy rate” means 3.81 percent, which is the average Troutdale/Fairview/Wood Village/Gresham area vacancy rate as reported by the Metro Multifamily Housing Association Apartment Report, Spring 2018, Volume 28. (Ord. 9-2018 § 1 (Exh. A))
13.13.030 Establishment of fee.
Effective November 16, 2018, there is hereby created a public works facility fee for the purposes set forth in this chapter. The full monthly fee will be charged on the December 2018 billing or January 2019 billing, depending on the billing cycle associated with each account. Accounts will be prorated for the initial billing only if the occupant has changed during the billing cycle. All public works facility fee revenues imposed by and collected under this chapter shall be deposited in the public works facility fee fund. An amount sufficient to pay the debt service on outstanding debt payable from the public works facility fee shall be paid from a debt service account within the fund. (Ord. 9-2018 § 1 (Exh. A))
13.13.040 Amount of fee.
A. The public works facility fee shall be assessed to each residential and nonresidential unit receiving city utility services at $4.82 per unit, per month.
1. The public works facility fee for a premises or portion of a premises with four or more attached residential units shall be reduced by the vacancy rate.
2. Determination of the number of residential units in a premises subject to hotel/motel tax under Chapter 3.05 FMC will be based on the average percentage of revenue reported to the city in each category over the four most recent quarters for which returns have been received by November 16, 2018. The percentage of revenue attributable to residential units will then be multiplied by the total units available, adjusted for the vacancy rate. Should a new entity form that is subject to Chapter 3.05 FMC (Hotel and Motel Tax), quarterly returns will be averaged cumulatively until four have been received.
B. The public works facility fee shall be prorated based on utility billing cycles and, for utility accounts that are opened or closed during the periods the public works facility fee is in effect, based on the date the utility account is opened or closed.
C. Premises owned or operated by the city of Fairview are exempt from the public works facility fee. (Ord. 9-2018 § 1 (Exh. A))
13.13.050 Billing.
A. The party responsible for paying city utility service bills has the obligation to pay the public works facility fee.
B. The city shall collect the public works facility fee by adding a line item to the utility bill of each customer of the city. The city will bill the public works facility fee every month or every other month, consistent with normal utility billing cycles.
C. If a premises has more than one utility account, the public works facility fee for the premises shall be calculated based on the total number of residential units or nonresidential units on the premises. The residential and nonresidential units may be combined into one account or allocated to each account based on the method used to bill other utility fees.
D. Charges for water, sanitary sewer, and storm water, fire suppression fee, and the public works facility fee may be billed on the same utility bill. Payment shall first be applied to the public works facility fee.
E. Creation of a utility account is the basis for imposing the public works facility fee. The public works facility fee does not in any way create an obligation of the real property. Rather, the obligation to pay the public works facility fee is a personal obligation of the customer responsible for payment of the utility account. No lien will attach to the premises at which the account is located because of the nonpayment of the fee. (Ord. 9-2018 § 1 (Exh. A))
13.13.060 Payment due date.
The public works facility fee shall be bound by the same due dates as water, sanitary sewer, and storm water charges and fire suppression fees. Penalties will also be assessed on the same schedule as these charges. (Ord. 9-2018 § 1 (Exh. A))
13.13.070 Adjustment and administration of accounts.
A. Customers who believe their public works facility fee, as applied to their premises, is not within the intent of this chapter may request, in writing, a review of their public works facility fee by the finance director. The finance director may initiate the review of a customer’s public works facility fee. Similarly, if the city feels that the public works facility fee, as it applies to a particular premises, is not within the intent of this chapter, it may be reviewed by the finance director.
1. If a customer’s charge is reduced as a result of this review, the corrected public works facility fee shall begin with the next billing and a credit or refund shall be made retroactively, not to exceed one year from the last billing.
2. If a customer’s charge is increased as a result of this review, the corrected public works facility fee shall begin with the next billing and the customer may be billed for the increase retroactively, not to exceed one year from the last billing.
B. If an existing customer has not been billed for the public works facility fee, the fee shall begin with the next billing and the customer may be billed retroactively, not to exceed one year.
C. Customers not satisfied with the results of the review by the finance director may protest the decision to the city manager.
D. The finance director may write off closed accounts and retroactive bills if in the best interest of the city and may write off refunds, unless the customer requested otherwise, if the cost of making the refund would exceed the amount of the refund.
E. The finance director shall be responsible for the administration of this chapter and for the collection of fees hereunder. (Ord. 8-2021 § 1; Ord. 9-2018 § 1 (Exh. A))
13.13.080 Delinquency.
A. A public works facility fee is considered delinquent based on the same criteria as water, sanitary sewer, and storm water charges and fire suppression fees.
B. If a customer’s utility account for the public works facility fee is delinquent, the city may discontinue all water services billed on that account. The city may refuse to restore water service to the premises until the delinquent charges and other costs incurred are paid.
C. Notwithstanding any provision herein to the contrary, the city may institute any legal proceedings to enforce the provisions of this chapter, including but not limited to injunctive relief and collection of charges owing. The city’s enforcement rights shall be cumulative. If the city commences any legal proceedings to enforce the provisions of this chapter and the city prevails, the city is entitled to all fees and costs it incurred, as well as any sum that a court, including any appellate court, may deem reasonable as attorneys’ fees.
D. The council may set by resolution fees for extra services required in collecting delinquent customer accounts for the public works facility fee. (Ord. 9-2018 § 1 (Exh. A))