As used in this chapter, unless the context requires otherwise:
"Developed property"
means a parcel or portion of real property on which an improvement
exists or has been constructed. Improvement on developed property
includes, but is not limited to, buildings, parking lots, landscaping,
and outside storage.
"Gross square footage"
means the area of all structures, located on a developed
property, measured along the exterior walls of the structures, and
including, but not limited to, enclosed courtyards and stairwells,
but not including fences and parking areas which are not enclosed
within a building.
"Multiunit residential property"
means residential property consisting of two or more dwelling
units. For the purposes of this chapter, condominiums and individual
mobile home units are also classified as multiunit residential properties.
"Reconstruction project"
means to replace, widen, improve or other construction of
Milwaukie streets. Activities include right-of-way acquisition, widening
roadways to City standard, and construction of other elements within
the right-of-way as necessary to complete the project.
"Residential property"
means a property that is primarily for personal, domestic
accommodation, including single-family, multiunit residential property,
and group homes, but not including hotels and motels.
"Responsible party"
means the person or persons who by occupancy or contractual
arrangement are responsible to pay for utility and other services
provided to an occupied unit. Unless another party has agreed in writing
to pay and a copy of the writing is filed with the City, the person(s)
paying the City's water and/or sewer bill for an occupied unit shall
be deemed the responsible party as to that occupied unit. For any
occupied unit not otherwise required to pay a City utility bill, "responsible
party" shall mean the person or persons legally entitled to occupancy
of the occupied unit, unless another responsible party has agreed
in writing to pay and a copy of the writing is filed with the City.
Any person who has agreed in writing to pay is considered the responsible
person if a copy of the writing is filed with the City.
"Street"
means a public street or right-of-way within the City that
is under the jurisdiction or control of the City. For purposes of
this chapter, county, state and federal roads are excluded.
"Street surface maintenance program"
means the program established by this chapter to maintain,
repair, and reconstruct City of Milwaukie streets. Activities include
the administration of the street maintenance fee, preventive maintenance,
rehabilitation, and reconstruction projects; design and inspection
of such projects; street condition monitoring and assessment, including
inspection of street repairs; and staff training and consultant services
in support of the above activities.
"Trip generation"
means the average number of vehicle trips, as determined
by reference to the most recent manual entitled Trip Generation, published
by the Institute of Transportation Engineers (ITE) ("ITE Manual").
"Use category or category of use"
means the code number and resulting trip generation estimate
determined with reference to the ITE Manual, and applicable to a particular
developed property.
(Ord. 2135 § 1, 2016; Ord. 2147 § 1, 2017)
A. Except as provided in subsections
B and
C of this section, the Engineering Director shall be responsible for the administration of this chapter. The Engineering Director shall be responsible for developing administrative procedures for the chapter, and consideration and assignment of categories of use subject to appeal to the City Council.
B. The
Engineering Director and the Streets Supervisor shall be jointly responsible
for annually developing and updating a five year street surface maintenance
program project schedule. The Engineering Director is responsible
for ensuring that the schedule is properly integrated into the CIP
and that the schedule is coordinated with other City capital projects.
C. The
Community Development and Public Works Director shall provide an annual
report on the street surface maintenance program to City Council.
D. The
Engineering Director shall be responsible for implementation and enforcement
of steps to minimize utility cut damage to streets, including a five
year moratorium on capital projects on recently reconstructed, rehabilitated,
or newly built City streets. The Public Works Operations Director
is responsible for City compliance with street cut repair policy.
E. The
Finance Director shall be responsible for the administration and collection
of fees under this chapter.
(Ord. 1966 § 1, 2007; Ord. 2135 § 1, 2016; Ord. 2147 § 1, 2017)
All funds and all proceeds from funds collected pursuant to
this chapter shall be used for the street surface maintenance program.
(Ord. 1966 § 1, 2007; Ord. 2135 § 1, 2016; Ord. 2147 § 1, 2017)
A. Each
spring the Engineering Director shall prepare and present to Council
the Annual Street Surface Maintenance Program Report.
B. The
report shall include a narrative description of the overall condition
of the street network, the findings of any new condition assessments,
a schedule of projects for the upcoming year, an updated five year
project schedule, the project selection criteria employed, and a report
on the previous year projects, workload impacts, and overall program
progress. The report shall include revenues received relative to revenue
projections, project cost inflation trends, and any other new developments
that impact the adequacy of the program funds to meet program goals.
(Ord. 1966 § 1, 2007; Ord. 2135 § 1, 2016; Ord. 2147 § 1, 2017)
A. A street maintenance fee is imposed and levied upon the responsible party for all developed property within the City. The fee shall be based on the direct and indirect use of or benefit derived from the use of public streets generated by the developed property, to be calculated as described in Section
3.25.060.
B. The
street maintenance fee is also imposed and levied on the property
owner of the developed property in the event of nonpayment by the
responsible party.
(Ord. 1966 § 1, 2007; Ord. 2135 § 1, 2016; Ord. 2147 § 1, 2017)
A. Residential
Fees
1. Single-family
residences shall be charged $3.35 per month, or as determined by resolution
of the City Council.
2. Multifamily
residences, except for elderly housing, mobile home parks, assisted
living and congregate care, shall be charged $2.10 per month for each
dwelling unit, or as determined by resolution of the City Council.
3. Elderly
housing and mobile homes parks will be charged one dollar and forty
cents ($1.40) per month for each dwelling unit, or as determined by
resolution of the City Council.
4. Congregate
care and assisted living facilities will be charged seventy cents
($0.70) per month for each dwelling unit, or as determined by resolution
of the City Council.
B. Nonresidential
Fees
1. Category
Assignment
Each nonresidential developed property in the City shall be assigned to a category of use according to the land use type listed in subsection
C of this section.
2. Upon
request of the customer, the Engineering Director shall review the
category of use assignment. The Engineering Director shall consider
evidence provided by the customer that relates to the actual trip
generation patterns of the property in question. The determination
of category of use shall not be considered a land use decision as
that term is defined in ORS 197.015.
3. Fee
Calculation
The street maintenance fee shall be calculated by multiplying the number of units (listed in subsection
C) by the trip rate per unit for that assigned category of use and then by the monthly per trip charge of thirty-five cents ($0.35) to establish the monthly fee to be billed, or as determined by resolution of the City Council.
4. Fee
Maximum
The maximum monthly street maintenance fee for nonresidential
accounts shall be $250 per property. The maximum shall be adjusted
for inflation annually according to the Consumer Price Index published
by the Bureau of Labor Statistics. The adjustment for inflation shall
be included in the annual fee schedule update beginning in 2008, or
as determined by resolution of the City Council.
5. Fee
Minimum
The minimum monthly street maintenance fee shall be equal to
the single family residential fee, except for multifamily residential
units being billed separately which will be billed at the multifamily
residential rate.
C. Category
of Use
1. Category
1 shall be estimated at 0.75 trips per unit. Land uses include elementary
and middle schools, private schools (K12), and lodge/fraternal organizations
(ITE Codes 520, 521, 522 and 591).
2. Category
2 shall be estimated at two trips per unit. Land uses include general
heavy industrial, mini-warehouses, City parks, high schools, colleges,
and furniture stores (ITE Codes 120, 151, 411, 530, 540, 550 and 890).
3. Category
3 shall be estimated at four trips per unit. Land uses include manufacturing,
warehouses, utilities, County parks, religious institutions, and nursing
homes (ITE Codes 140, 150, 170, 412, 560, and 620).
4. Category
4 shall be estimated at eight trips per unit. Land uses include general
light industrial, industrial park, motels, golf courses, general office,
single-tenant office buildings, office parks, research and development
centers, and drinking places (ITE Codes 110, 130, 320, 430, 710, 715,
750, 760, and 836).
5. Category
5 shall be estimated at 16 trips per unit. Land uses are hotels, cemeteries,
hospitals, business parks, wholesale nurseries, automobile care centers,
self-service car washes, tire stores, discount clubs, and apparel
stores (ITE Codes 310, 432, 566, 610, 770, 818, 840, 847, 848, 849,
861 and 870).
6. Category
6 shall be estimated at 32 trips per unit. Land uses include marinas,
tennis courts, racquet clubs, health clubs, bowling alleys, recreational
community centers, day care, libraries, clinics, medical/dental office
buildings, building materials and lumber, discount stores, specialty
retail, hardware/paint stores, nursery/garden centers, shopping centers,
high turnover sit-down restaurants, quick lubrication vehicle stops,
new car sales, gas stations with convenience market, supermarkets,
home improvement superstores, and electronics superstores (ITE Codes
420, 491, 492, 493, 494, 495, 565, 590, 630, 720, 812, 813, 814, 815,
816, 817, 820, 832, 837, 841, 844A, 845, 850, 862 and 863).
7. Category
7 shall be estimated at 64 trips per unit. Land uses include government
office buildings, quality restaurants, and gas stations (ITE Codes
730, 831, 844, 846, and 854).
8. Category
8 shall be estimated at 128 trips per unit. Land uses include U.S.
Post Offices, fast food restaurants, convenience markets, and banks
(ITE Codes 732, 833, 834, 851, 911, and 912).
9. Category
9 shall be estimated at 200 trips per unit. Land use is a multipurpose
recreational facility (ITE Code 435).
10. Category 10 shall be estimated at 440 trips per unit. Land use is
a movie theater ( ITE Code 444).
D. Units.
The unit used in calculating the nonresidential street maintenance
fee shall be 1,000 gross square feet of building area, with the following
exceptions:
USE
|
UNIT
|
---|
Parks, golf courses, cemeteries, marinas, multipurpose recreational
facilities
|
One acre
|
Schools and colleges
|
One student
|
Lodges
|
One member
|
Hotels and motels
|
One room
|
Self-service car washes
|
One wash stall
|
Tennis courts and racquet clubs
|
One court
|
Quick lubrication vehicle stops and gas stations
|
One fueling or service position
|
Movie theaters
|
One screen
|
Assisted living facilities
|
One bed
|
Residential uses, except assisted living
|
One dwelling unit
|
E. Unlisted
Uses
In the event that a property is occupied by a use that is not
expressly listed in any of the above categories, the Engineering Director
shall determine which category the property should be placed in, based
on similarity in expected trip generation. If no category is appropriate,
the Engineering Director shall determine the trips per unit based
on a transportation study, the Trip Generation Manual, or any other
method of determining trips. Any determination by the Engineering
Director under this section may be reviewed under the procedure described
in Section 3.25.100.B. The result of the review may be appealed to
the City Council by filing a notice of appeal within 10 days of the
date notice of the result of the review is mailed to the property
owner.
(Ord. 1966 § 1, 2007; Ord. 2135 § 1, 2016; Ord. 2147 § 1, 2017)
A. Under the supervision of the Finance Director, the street maintenance fee shall be billed and collected with and as part of the monthly water and sewer bill for those lots or parcels utilizing City water and sewer, as provided for in Section
13.04.100, and billed and collected separately for those developed properties not utilizing City water and sewer. In the event of nonpayment, the City may bill the property owner or take other action as authorized by law to collect from the responsible party.
B. In the
event funds received from City utility billings are inadequate to
satisfy in full all of the water, sanitary sewer, storm sewer, streets,
bicycle and pedestrian fees, credit shall be given to the bicycle
and pedestrian fee, street maintenance fee, sanitary sewer service
charges, storm sewer service charges, and water service charges proportionately.
C. Notwithstanding
any provision herein to the contrary, the City may institute any necessary
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.
(Ord. 2135 § 1, 2016; Ord. 2147 § 1, 2017)
A. When
any property within the City becomes vacant and water service is discontinued,
a waiver of the street maintenance fee may be granted by the Finance
Director upon written application of the person responsible, including
a signed statement, affirming under penalty of perjury that the property
is vacant, and upon payment of all outstanding water, sanitary sewer,
storm sewer, street maintenance, and bicycle and pedestrian charges.
B. For
purposes of this section, "vacant" means that an entire building or
utility billing unit has become vacant or continuously unoccupied
for at least 30 days. "Vacant" shall not mean that only a portion
of a property without a separate water meter has become vacant or
unoccupied.
C. Fees
shall be waived in accordance with this section only while the property
remains vacant. The person responsible shall notify the City within
five days of the premises being occupied, partially occupied, or used,
regardless of whether water service is restored.
(Ord. 1966 § 1, 2007; Ord. 2135 § 1, 2016; Ord. 2147 § 1, 2017)
The street maintenance fee shall not be billed to those households
included in the low income utility program.
(Ord. 1966 § 1, 2007; Ord. 2135 § 1, 2016; Ord. 2147 § 1, 2017)
A. Any
owner who disputes any interpretation given by the City as to the
category of use assigned to such owner's property pursuant to this
chapter may request a review and appeal such interpretation, but only
in accordance with this section. The dispute must first be presented
to the Engineering Director for review and thereafter may be appealed
to the City Council in accordance with this section. Failure to appeal
an interpretation made under this chapter within the time and in the
manner provided shall be sufficient cause to deny the relief requested.
Except in cases of hardship as determined by the Council, disputes
which result in changes in the street maintenance fee charged under
this chapter shall become effective with the next billing cycle.
B. A utility
customer may request a review of the category of use assigned. The
Engineering Director shall conduct the review, considering all relevant
evidence presented by the customer related to their actual trip generation
patterns. Such evidence may include business records, parking lot
usage, or traffic studies. The Engineering Director shall make a determination
based on the evidence provided and provide notice to the customer.
C. An owner who disputes an interpretation made by the Engineering Director as to the assigned category of use under this chapter shall submit a written appeal to the City Manager within 10 days from the date of notice of the Engineering Director's determination under subsection
B of this section, together with a filing fee in the amount determined by resolution. The application for appeal shall specify the reasons therefor and include an engineering study prepared by a licensed professional engineer in conformance with the methodology outlined in the ITE Manual. Appeals shall be limited to the issue of whether the appropriate category of use has been assigned to the property.
D. The
City Manager shall schedule the matter for City Council review and
notify the appellant not less than 10 days prior to the date of such
Council review. The Council shall conduct a hearing during a public
meeting and determine whether there is substantial evidence in the
record to support the interpretation given by the Engineering Director.
The Council may continue the hearing for purposes of gathering additional
information bearing on the issue. The Council shall make a tentative
oral decision and shall adopt a final written decision together with
appropriate findings in support. The decision of the Council with
respect to the category of use shall be limited to whether the appellant
has been assigned to the appropriate category of use. If the Council
should determine that a different category of use should be assigned,
it shall so order, provided no refund of prior street maintenance
fees shall be given. Only where the Council decision results in a
change in category of use will the filing fee on the appeal be refunded.
The Council decision shall be final.
(Ord. 1966 § 1, 2007; Ord. 2135 § 1, 2016; Ord. 2147 § 1, 2017)
The following shall not be subject to the street maintenance
fee:
B. Publicly
owned parkland, open spaces, and greenways, unless public off-street
parking designed to accommodate the use of such areas is provided;
C. Areas
encompassed by railroad and public rights-of-way, except for developed
railroad property such as maintenance areas, nonrolling storage areas,
and areas used for the transfer of rail-transported goods to nonrail
transport, which areas shall be subject to street maintenance fees.
(Ord. 1966 § 1, 2007; Ord. 2135 § 1, 2016; Ord. 2147 § 1, 2017)
The Engineering Director and Public Works Operations Director
shall annually update a five year schedule of street maintenance projects
and include that schedule in the City Capital Improvement Plan.
(Ord. 1966 § 1, 2007; Ord. 2135 § 1, 2016; Ord. 2147 § 1, 2017)
All fees will be adjusted for inflation annually according to
the Consumer Price Index published by the Bureau of Labor Statistics.
The adjustment for inflation shall be included in the annual fee schedule
update, or as determined by resolution of the City Council.
(Ord. 1966 § 1, 2007; Ord. 2135 § 1, 2016; Ord. 2147 § 1, 2017)
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 ordinance 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 street maintenance fee shall be created and the remainder of
the ordinance and the fees imposed thereunder shall continue to apply
to the remaining properties without interruption. 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. 1966 § 1, 2007; Ord. 2135 § 1, 2016; Ord. 2147 § 1, 2017)