Chapter 13.45
TRANSPORTATION UTILITY FEE
Sections:
13.45.010 Declaration of purpose.
13.45.020 Establishment of transportation utility fee.
13.45.030 Transportation utility fee – Dedicated.
13.45.040 City to maintain local streets – Exceptions.
13.45.050 Billing and collection of fee.
13.45.070 Administrative review – Appeals.
13.45.090 Disposition of fees and charges.
13.45.100 Waiver of fees in case of vacancy.
13.45.120 Discount for the elderly.
13.45.130 Violation – Penalty.
13.45.010 Declaration of purpose.
There is hereby created a transportation utility for the purpose of providing funds for the maintenance of local streets under the jurisdiction of the city of Hubbard. The council hereby finds, determines and declares the necessity of providing maintenance and upkeep of the city’s local streets and related facilities within the right-of-way as a comprehensive transportation utility with such maintenance to include, without limitation, the following activities: patching, crack sealing, seal coating, overlaying and other activities as are necessary in order that local streets may be properly maintained to safeguard the health, safety and welfare of the city and its inhabitants. (Ord. 244-2001 § 1)
13.45.020 Establishment of transportation utility fee.
The city council may establish by resolution a transportation utility fee to be paid by the owners or occupants of property within the corporate limits of the city. Such fee shall be established in such amounts which will provide sufficient funds to properly maintain local streets throughout the city. Fees charged to individual structures and uses shall be based upon a flat fee for residential classifications and based upon the average number of vehicle trips generated for nonresidential classifications. The city council may from time to time by resolution change the fees based upon revised estimates of the cost of properly maintaining local streets, revised categories of developed use, revised traffic generation factors, and other relevant factors. (Ord. 244-2001 § 1)
13.45.030 Transportation utility fee – Dedicated.
All fees collected pursuant to this chapter shall be paid into the street fund. Such revenues shall be used for the purposes of the operation, administration, and maintenance of the local transportation network of the city. It shall not be necessary that the operations, administration, and maintenance expenditures from the street fund specifically relate to any particular property from which the fees for said purposes were collected. (Ord. 244-2001 § 1)
13.45.040 City to maintain local streets – Exceptions.
The city shall maintain all accepted local streets within city-owned land, city rights-of-way, and city easements and maintain other accepted local streets within or adjacent to the city. Such local streets specifically exclude private streets and streets not yet accepted by the city for maintenance. (Ord. 244-2001 § 1)
13.45.050 Billing and collection of fee.
The city shall collect transportation system fees and charges established by the council pursuant to the provisions of Chapter 13.09 HMC. The city may enforce the collection of transportation fees and charges by withholding delivery of water to any premises served by city water for which said charges are delinquent and may use such other and further means of collection thereof as may be provided by the laws of the state of Oregon or permitted by the Charter and ordinances of the city of Hubbard, Oregon. (Ord. 281-2005 § 6; Ord. 244-2001 § 1)
13.45.060 Enforcement.
(1) Any charge due hereunder which is not paid when due may be recovered in an action at law by the city. In addition to any other remedies or penalties provided by this chapter or any other ordinance of the city, failure of any user of city utilities within the city to pay said charges promptly when due shall subject such user to discontinuance of any utility services provided by the city. The city finance director is hereby empowered and directed to enforce this provision against such delinquent users.
(2) The public works superintendent shall be responsible for determining fee amounts in accordance with usage, developing street maintenance and improvement programs, performing traffic counts, and establishing standards for the operation and maintenance of streets and related facilities to the end that the transportation system shall be maintained and that the city’s investment therein kept available for the benefit of the public. The employees of the city shall, at all reasonable times, have access to any premises served by the city for inspection, repair, or the enforcement of the provisions of this chapter. (Ord. 244-2001 § 1)
13.45.070 Administrative review – Appeals.
(1) Any user or occupant who disputes the amount of the fee, or disputes any determination made by or on behalf of the city pursuant to and by the authority of this chapter may petition the city council for a hearing on a revision or modification of such fee or determination. Such petitions may be filed only once in connection with any fee or determination, except upon a showing of changed circumstances sufficient to justify the filing of such additional petition.
(2) Such petitions shall be in writing, filed with the city administrator or designee, and the facts and figures shall be submitted in writing or orally at a hearing scheduled by the city council. The petitioner shall have the burden of proof.
(3) Within 45 days of filing of the petition, the city council shall make findings of fact based on all relevant information, shall make a determination based upon such findings and, if appropriate, modify such fee or determination accordingly. Such determination by the city council shall be considered a final order. (Ord. 244-2001 § 1)
13.45.080 Notice of decision.
Every decision or determination of the city council shall be in writing, and notice thereof shall be mailed to or served upon the petitioner within a reasonable time from the date of such action. Service by certified mail, return receipt requested, shall be conclusive evidence of service for the purpose of this chapter. (Ord. 244-2001 § 1)
13.45.090 Disposition of fees and charges.
The fees paid and collected by virtue of this chapter shall not be used for general or other governmental propriety purposes of the city, except to pay for an equitable share of the city’s accounting, management and other governing costs, incident to operation of the street maintenance program. Otherwise the fees and charges shall be used solely to pay for the cost of operation, administration, maintenance, repair, improvement, renewal, replacement and reconstruction of city streets and related facilities. (Ord. 244-2001 § 1)
13.45.100 Waiver of fees in case of vacancy.
When any premises within the city become vacant, totally unoccupied, or unused, and water service is discontinued, and all outstanding water, sewer and transportation utility charges have been paid, and with approval by the finance director, the transportation utility fee shall thereafter not be billed and shall not be a charge against the property. (Ord. 244-2001 § 1)
13.45.110 Exemptions.
The city council may, by resolution, exempt any class of user when they determine that the public interest deems it necessary or that the contribution to street use by said class to be insignificant. (Ord. 244-2001 § 1)
13.45.120 Discount for the elderly.
Discounts applying to low income elderly persons for city water and sewer fees shall also apply to transportation utility fees. (Ord. 244-2001 § 1)
13.45.130 Violation – Penalty.
In addition to any other remedy provided in this chapter, violation of this ordinance is punishable by a fine not to exceed $500.00. Each day after an account subject to transportation utility fees remains delinquent in payment of such fees constitutes a separate violation. (Ord. 244-2001 § 1)
13.45.140 Severability.
(1) In the event any section, subsection, paragraph, sentence or phrase of this chapter is determined by a court of competent jurisdiction to be invalid or unenforceable, the validity of the remainder of the chapter shall continue to be effective. If a court of competent jurisdiction determines that this chapter imposes a tax or charge, which is therefore unlawful as to certain but not all affected properties, then as to those certain properties, an exception or exceptions from the imposition of the transportation utility fee shall be created and the remainder of the chapter and the fees imposed thereunder shall continue to apply to the remaining properties without interruption.
(2) Nothing contained herein shall be construed as limiting the city’s authority to levy special assessments in connection with public improvements pursuant to applicable law. (Ord. 244-2001 § 1)
13.45.150 Effective date.
The ordinance codified in this chapter shall begin June 15, 2001. (Ord. 244-2001 § 1)