The principal purpose of the public safety fee adopted under
this chapter is to safeguard, facilitate and encourage the health,
safety and welfare of the residents and businesses of the city. The
city council finds that a continuous, consistent, and well-funded
public safety program provides a multitude of economic and social
benefits to the public. It is the intent of this chapter to provide
a funding mechanism to help pay for the benefits conferred on city
residents and businesses by the provision of an adequate level of
police protection and public safety within the city.
(Ord. 772 § 1, 2023)
As used in this chapter, the following terms have the meaning
set forth, unless the context clearly indicates or requires a different
meaning.
means a parcel of real property, or portion thereof, on which
an improvement exists or has been constructed. Improvements on developed
property include, but are not limited to, buildings, parking lots,
landscaping and outside storage. A property is not developed if it
is real property upon which no improvements exist or no improvements
have been constructed. A presumption exists that a property is developed
property under this chapter when a property receives water service,
receives sewer service, is under lease, is issued a building permit,
or receives an occupancy permit. Thereafter, to avoid the public safety
fee, the person responsible for the property shall have the burden
to show that the property is not a developed property.
means a natural person, unincorporated association, tenancy
in common, partnership, corporation, limited liability company, cooperative,
trust, or other entity in law or in fact.
means the occupant, lessee, tenant, contract purchaser, owner,
agent or other person having possession of property, or if no person
is in possession, then the person in control of the use of the property,
or in control of the supervision of development on the property. A
presumption exists that the person responsible is the person or persons
who by occupancy or contractual arrangement are responsible to pay
for utility services provided to a unit.
means any action or activity to provide police services or
public safety programming, including code enforcement, public safety
communications, and community safety programming, and any other related
activities that foster public safety.
means any residential or non-residential structure or any
portion of any structure occupied for residential, commercial, industrial,
or other purposes. For example, in a multifamily residential development,
each dwelling unit shall be considered a separate unit, and each retail
outlet in a multi-tenant retail building shall be considered a separate
unit. A unit may include more than one structure if all structures
are part of the same dwelling unit or commercial or industrial operation.
For example, an industrial site with several structures that form
an integrated manufacturing process operated by a single manufacturer
constitutes one unit.
|
For purposes of nonresidential structures, a unit includes but
is not limited to a structure which provides accommodation for one
or more businesses or tenants, with each distinct portion of the structure
or tenancy considered a separate unit. A business that leases storage
space does not create separate units for each storage space so long
as the lease does not provide for general public access to the storage
space from which the lessee runs a business. A business that provides
long-term assisted living care, including, but not limited to, a long-term
care facility, but that does not provide full individualized living
facilities for each dwelling space is a single unit, not separate
units. Separate transient lodging rooms are not separate units.
|
|
For purposes of residential structures, a unit is each portion
of developed property primarily used for personal domestic use or
accommodation which provides complete individual living facilities
for one or more persons, including, but not limited to, permanent
provisions for living, sleeping, and sanitation. An accessory dwelling
unit is a separate unit. Each individual dwelling unit within a multifamily
residential property, condominium, or mobile home park is a separate
unit. A home business within a residential structure is not a separate
unit.
|
(Ord. 772 § 1, 2023)
Except as otherwise provided in this chapter, the city manager
shall be responsible for the administration of this chapter, including
the development of administrative procedures for implementation of
this chapter. References to the city manager in this chapter mean
the city manager, or the city manager’s designee.
(Ord. 772 § 1, 2023)
A.
A public
safety fee is hereby established for each unit of developed property
within the city.
B.
The
amount of the public safety fee shall be set by council resolution,
taking into account desired public safety service levels and the associated
costs of providing those service levels.
C.
The
public safety fee shall be assessed to each unit of developed property.
The public safety fee shall be paid by the person responsible for
each unit of developed property. Unless another person responsible
for the unit of developed property has agreed in writing to pay the
public safety fee and a copy of that writing is filed with the city,
the person receiving the city’s utility bill is responsible
for paying the public safety fee. If there is no water service to
the developed unit of property or if water service is discontinued,
the public safety fee shall be paid by the person responsible for
the property regardless of occupancy.
D.
The
obligation to pay the public safety fee exists when a person uses
or otherwise benefits from public safety services. It is presumed
that public safety services are used, and that a benefit arises, whenever
a property is a developed property. Undeveloped properties within
the city are not subject to the public safety fee.
(Ord. 772 § 1, 2023)
A.
The
public safety fee shall be charged to the person responsible for each
unit of developed property at the rates established by the city council.
B.
The
city shall bill the public safety fee in the same manner and at the
same times as it bills for other utility services, and shall combine
the public safety fee bill with the water or sewer bill for each unit
of developed property.
C.
Billings
may be prorated in accordance with procedures established by the city
manager.
D.
All
money collected from the public safety fee shall be used for the costs
associated with police services within the city.
(Ord. 772 § 1, 2023)
A.
Public safety fee delinquency will be determined as for other utility accounts under JMC Chapter 10.02. A delinquent fee, in an amount established by resolution of the city council, shall be added to all delinquent accounts.
B.
The
city manager is authorized to determine what constitutes a de minimis
account balance and to waive associated delinquency fees and penalties.
C.
In
addition to other lawful remedies, the city manager may enforce the
collection of charges authorized by this chapter by withholding delivery
of water to any premises where the public safety fee is delinquent,
following the procedures and standards for shutting off water service
for nonpayment of water bills as provided in JMC 10.02.040.
D.
The
public safety fee shall not be treated as part of a utility bill for
purposes of establishing a lien against a property under JMC 10.02.050.
No lien will attach to property in the event of nonpayment of the
public safety fee.
(Ord. 772 § 1, 2023)
A.
The
city manager shall have the initial authority and responsibility to
interpret all terms, provisions and requirements of this chapter and
to determine the appropriate charges thereunder. A person responsible
may request reconsideration of the determination of the amount of
the fee related to a unit controlled by the person responsible by
submission of a written application to the city manager. The application
shall be supported with sufficient factual details to enable the city
manager to render a decision.
B.
Within
30 days of the submission of a complete application requesting reconsideration
of the amount of the public safety fee to be charged to a person responsible,
the city manager shall render a decision on the application. The decision
shall be written and shall include findings of fact and conclusions
for the particular aspects of the decision. A copy of the decision
shall be mailed to the person submitting the application.
C.
The
person responsible receiving a decision from the city manager may
appeal the city manager’s determination to the city council.
The notice of appeal must be in writing, filed in the office of the
city manager within 12 days of the date of the city manager’s
determination, include an appeal fee in the amount of $100, and must
provide the following information:
1.
The
name and address of the appellant;
2.
The
address of the affected premises;
3.
The
nature of the determination being appealed;
4.
The
reason the determination is incorrect;
5.
What
the correct determination of the appeal should be.
|
A person responsible who fails to file such a statement within
the time permitted or fails to include any of the elements of an appeal
listed above, waives objections to the city manager’s determination
and the appeal shall be dismissed. If notice of appeal is properly
filed, except in an emergency, the city shall take no enforcement
action regarding the failure of the person responsible to pay the
public safety fee until the city council renders a final determination
on the appeal.
|
D.
At
its next available meeting, the city council shall hear and determine
the appeal on the basis of the written statement and such additional
evidence as the city council deems appropriate. The appellant shall
be allowed at least seven days’ written notice of the hearing
on appeal. At the hearing the appellant may present testimony and
oral argument personally or by counsel, and additional evidence. The
rules of evidence as used by courts of law do not apply. Factors for
the city council to take into consideration include, but are not limited
to: availability of more accurate information; equity relative to
billing classifications assigned to other developments of a similar
nature; changed circumstances; and situations uniquely affecting the
party filing the appeal.
E.
The
decision of the city council shall be in writing and shall contain
findings of fact that substantiate the city council’s decision.
The decision shall be mailed to the appellant within 10 days of the
completion of the appeal hearing. The decision of the city council
shall be final. If the appeal is successful, the appeal fee will be
refunded and any refund of the public safety fee will be limited to
any overpayment, retroactive to no more than 12 months prior to the
filing date of the appeal.
(Ord. 772 § 1, 2023)
In addition to other lawful enforcement procedures, a violation
of any provision of this chapter is a civil infraction with a maximum
civil penalty of $200. Each day during or on which a violation occurs
or continues is a separate civil infraction.
(Ord. 772 § 1, 2023)
