The purpose of the police service fee is to provide funding for police services. Police services safeguard, facilitate, and encourage the health, safety, and welfare of the residents and enterprises of the City of Yamhill. Stable and reliable police services provide a multitude of economic and social benefits to the public, including, but not limited to:
(A) 
Protection of life and property;
(B) 
Reduction in the incidence of crime; and
(C) 
Dependable response by law enforcement.
The Yamhill City Council finds and determines the necessity of this Police Service Fee to provide a funding mechanism to help pay for the benefits of police services and to provide an acceptable level of service.
(Ord. 532 §1, 2021)
For purposes of this chapter, the following means:
Accessory dwelling unit (ADU).
An accessory dwelling unit on a single-family parcel shall be considered as a separate residential unit for purposes of assessment of this fee.
"Multiple-family"
means a building or portion thereof, designed or used as a residence by two or more families or individual households, and containing two or more dwelling units.
"Nonresidential unit"
means a use of property such as a business or commercial enterprise that is primarily not for personal, domestic accommodations. A nonresidential structure that provides facilities for one or more businesses shall have each distinct business occupation considered as a separate nonresidential unit.
"Person"
means a natural person; unincorporated association; tenancy in common; partnership; corporation; limited liability company; cooperative; trust; any governmental agency, including the state of Oregon but excluding the City of Yamhill; and any other entity in law or in fact.
"Residential unit"
means a residential structure that provides complete living facilities for one or more persons including, but not limited to, permanent provisions for living, sleeping, and sanitation. A home occupation business in a residential zone will be regarded only as a residential unit, not as a nonresidential unit. An accessory dwelling unit on a single-family parcel shall be considered a separate residential unit. Multifamily residential property consisting of two or more dwelling units, condominium units or individual mobile home units shall have each unit considered as a separate residential unit.
Responsible party.
The person owing the public service fee is considered to be the "responsible party." Two or more persons may be jointly and severally liable for payment of this fee.
(Ord. 532 §2, 2021)
(A) 
Except as exempted below, beginning with the July 2021 utility bills, a police service fee is established and imposed upon all premises within the Yamhill City limits.
(B) 
Premises owned by the City of Yamhill located within the City and premises owned by the Yamhill Fire District are not subject to the police service fee.
(C) 
The police service fee for each utility account shall be based on a monthly amount applied to the number of residential units and nonresidential units served by that utility account.
(D) 
Residential units and nonresidential units that are the basis for calculating the police service fee do not in any way create an obligation of the property or premises and the obligation to pay the police service fee is a personal obligation of the customer responsible for payment of the City utility account. No lien will attach to any premises because of the nonpayment of the police service fee.
(E) 
All developed property receives a direct or indirect benefit from police services. Unless specifically exempted, the police service fee applies to all City of Yamhill utility accounts, including those that serve local, State and Federal governments, and to utility accounts that serve premises that are entitled to an exemption from or deferral of ad valorem property taxes, as well as premises not connected to utility services.
(G) 
The police service fee described herein is not subject to the property tax limitations of Article IX, Sections 11b and 11(19) of the Oregon Constitution and is not a fee imposed on property or property owners by fact of ownership.
(H) 
The only exemption to collection of the fee under this chapter shall be schools and water accounts where there are no structures (i.e., irrigation uses only). All other uses not defined above shall be subject to the fee. The City Council may, by ordinance, exempt any additional class of users when it determines that the public interest deems it necessary or that the contribution to the police department use by such class is insignificant.
(Ord. 532 §3, 2021)
The amount of the police service fee may be modified by Yamhill Council resolution and shall initially consist of the sum of five dollars per month. In addition, the Council may set by resolution fees for extra services required in collecting delinquent customer accounts for the police service fee.
(Ord. 532 §4, 2021)
The amount of the police service fee shall automatically increase annually based upon the CPI-U West C index figure published by the Federal government, or as otherwise adjusted by the City Council. The City Council may elect to defer all or any portion any such increase by resolution of the City Council.
(Ord. 532 §5, 2021)
(A) 
There shall be established a police services fund as a sub-fund of the General Fund. All police service fee revenues imposed and collected under this chapter shall be deposited in the police services fund.
(B) 
Money in the police services fund shall be used for the purposes of City police services as determined each year during the budget process. The police service fee shall not be used for any other governmental or proprietary functions of the City. Any revenues in excess of actual expenses as identified in the budget process shall be carried forward to the next year's budget.
(Ord. 532 §6, 2021)
(A) 
The customer(s) responsible for paying the City utility account is responsible for payment of the police service fee. For nonutility premises, the property owner as set forth in the Yamhill County tax records shall be the responsible party.
(B) 
The City shall collect the police service fee by adding the police service fee to the utility bill of each customer in the City of Yamhill. For nonutility accounts, the billing shall be mailed to the property owner's address as set forth in the County property records, unless such owner requests the billing be sent to a different address.
(C) 
If a premises has more than one utility account, the police service fee for the premises shall be calculated based on the total number of residential units and nonresidential units on the premises. The residential units and nonresidential units may be combined into one account or allocated to each account.
(D) 
Charges for water, wastewater, storm water, police service fee, and the parks services fee may be billed on the same utility bill. If full payment of utility billing is not made, payment shall be applied in the following order:
(1) 
Sewer fee and water fees pro-rata.
(2) 
Police service fee.
(Ord. 532 §7, 2021)
The police service fee shall be due the same date as the utility bill. For nonutility accounts, the due date shall be the 25th day of the month the bill is received.
(Ord. 532 §8, 2021)
(A) 
Customers who believe their police service fee, as applied to their premises, is not within the intent of this chapter may request, in writing, a review of their police service fee by the City Clerk. The City Clerk may initiate a review of a customer's police service fee.
(1) 
If a customer's charge is reduced as a result of this review, the corrected police service fee shall begin with the next billing.
(2) 
If a customer's charge is increased as a result of this review, the corrected police service fee shall begin with the next billing.
(B) 
If an existing customer has not been billed for the police service fee, the police service 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 City Clerk may appeal the City Clerk's decision to the Yamhill City Council who shall determine, by preponderance of the evidence, whether the City Clerk's decision should be upheld or reversed, or upheld in part and reversed in part. A notice of appeal must be in writing and physically delivered to the City Clerk no later than 14 calendar days from the date of the City Clerk's decision. The hearing before the Yamhill City Council shall be conducted at a succeeding City Council meeting following the date of the appeal. Testimony at the hearing shall be taken upon oath or affirmation of the witnesses. The findings and decision of the City Council shall be served upon the customer by first class mail within 10 days after the hearing concludes and the Council takes action on the appeal. The City Council decision shall be effective 10 days following the date of the decision. The findings and decision of the City Council shall be final and conclusive, subject only to writ of review under ORS 34.010 to 34.100, which shall be the sole remedy.
(D) 
The City Clerk may write off closed accounts and retroactive bills if it is 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.
(Ord. 532 §9, 2021)
(A) 
A police service fee is delinquent if payment in full is not received on or before the due date.
(B) 
If a customer's utility account is delinquent for police service fee only, the City may not discontinue water services billed on that account. However, the City may refuse to restore water service to the premises if the delinquent charges and other costs incurred are not paid.
(C) 
Delinquent amounts owing may be collected by all legal means, including, but not limited to the referral or assignment to a collection agency.
(Ord. 532 §10, 2021)