The purpose of this chapter is to establish a fee for fire protection
purposes of $75 per parcel of private property to pay for fire flow
improvements including the cost of design, installation, capital,
repair, alteration and/or replacement of facilities and equipment
related to the supply of water for fire protection, including protection
from seismic events which would reduce water available for fire protection
purposes, as authorized by California Government Code § 53069.9.
(Ord. 373 §1, 1996; Ord. 379 §2, 1997)
All parcels of private property within the District shall pay
a fee of $75 each year for the next 19 years, through April 2031 to
pay for fire flow improvements benefiting said parcel.
(Ord. 373 §1, 1996; Ord. 379 §2, 1997; Ord. 425 §2, 2012)
The fire flow fee shall be collected from each benefited parcel
at the same time, and the same manner, as the County of Marin's collection
of property tax revenues for the County of Marin. The district shall
compensate the County of Marin for its collection services pursuant
to an agreement entered into between the district and the County of
Marin which shall distribute the fee so collected to the Marin Municipal
Water District at the same time and in the same manner as the County
of Marin distributes tax revenues and other charges collected on behalf
of public entities to those entities. Notwithstanding the foregoing,
the fire flow fee collected by Marin County on behalf of the Marin
Municipal Water District shall not constitute a lien on any real property.
Unpaid fire flow fees shall constitute a personal obligation of the
property owner enforceable in the same manner as other debts.
(Ord. 373 §1, 1996; Ord. 379 §2, 1997)
The district shall utilize the fire flow fees collected as specified in Section 11.70.030 above to pay for costs of design, installation, capital, repair, alteration and/or replacement of facilities and equipment related to the supply of water for fire protection purposes within the district.
(Ord. 373 §1, 1996; Ord. 379 §2, 1997)
The district shall establish the Fire Flow Improvement Fund into which fees collected pursuant to Section 11.70.030, above, shall be deposited and out of which the costs of the water system improvement projects specified by the board of directors shall be paid.
(Ord. 373 §1, 1996; Ord. 379 §2, 1997)
Whenever, in the judgment of the district, it is determined
that the charge of $75 per parcel specified by this chapter would
exact a disproportionate burden upon a benefited parcel, or, if it
is determined that a parcel will receive no benefit from the fire
flow improvements to be paid for from revenues derived from the fee's
collection, the district may grant a variance. Variances may be granted
by the director of finance with the concurrence of the general manager.
If the director of finance decides not to grant a requested variance,
the parcel owner may appeal that denial to the board of directors
by providing written notice to the secretary of the board within 10
days of issuance of the director of finance's written denial. The
board of directors shall then render a decision granting or denying
a variance. In granting any such variance, the district may impose
any condition it determines is just and proper and will secure substantially
the general objectives of this chapter.
(Ord. 373 §1, 1996; Ord. 379 §2, 1997)
The following categories of parcels shall be exempt from the
fire flow fee:
(a)
Parcels which are assessed by the County of Marin as having a value
of less than $10,000. This exception is based on a legislative determination
by the board of directors that parcels falling within this category
are of de minimus value and therefore do not receive any benefit from
the provision of fire flow improvements.
(b)
Multiple parcels that are classified by the Marin County Assessor
as comprising one economic unit shall pay $75 per annum.
(Ord. 373 §1, 1996; Ord. 379 §2, 1997)
No fire flow fees shall be refunded except upon a written claim
for a refund complying with all the provisions of this Section:
(a)
The claim for refund shall be filed with the secretary to the board
of directors not later than 90 days after the payment of the fee.
(b)
The claim for refund shall state the specific grounds upon which
it is founded and shall specify whether it seeks a refund of the whole
fee or a portion thereof.
(c)
The claim for refund shall be verified by the person who paid the
fee or his or her legal guardian, executor of will or administrator
of estate. The claim for refund shall not be honored if verified by
any other person. Class claims are not permitted.
(d)
The claim for refund shall set forth the address to which communications
relating to the claim shall be directed.
(Ord. 373 §1, 1996; Ord. 379 §2, 1997)
Within 60 days following receipt of a claim for refund by the
board secretary, the board of directors shall act upon the claim.
If the board of directors fails to take timely action on the claim,
the claimant may treat the claim as having been rejected. If the board
of directors rejects the claim, in whole or in part, the person who
paid the fire flow fee (or his or her legal guardian, executor or
administrator) may bring an action in court to recover the fire flow
fee. No other person may bring such an action. Any such action shall
be commenced not more than 90 days after the mailing of the notice
of rejection of the claim.
(Ord. 373 §1, 1996; Ord. 379 §2, 1997)
