A. 
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 and consistent public safety program provides a multitude of economic and social benefits to the public, including but not limited to:
1. 
Increased police protection.
2. 
Prevention of crime.
3. 
Enhanced protection of property.
4. 
Promotion of business and industry.
5. 
Promotion of community spirit and growth.
B. 
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.
C. 
This chapter is intended to create a fee for service within the corporate limits of the city of Rogue River. However, it is not intended to provide full funding for police services. In the event that the public safety fee revenues collected are insufficient to offset the costs of police services, additional funding may be allocated by the city council from other nondedicated city funds; provided, however, the city council may direct the reimbursement to such other nondedicated city funds if additional public safety fee revenues are collected.
(Ord. 15-392-O § 1)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. 
"Developed property"
means a parcel of real property, or portion thereof, on which improvements have been constructed. Improvements include, but are not limited to, buildings, structures, parking lots, and outside storage.
B. 
"Nonresidential unit"
means a developed property which is primarily not for personal domestic accommodation, including but not limited to business or commercial enterprise. A nonresidential structure which provides facilities for one or more businesses or tenants, including, but not limited to, permanent provisions for access to the public, shall have each distinct unit or tenancy considered as a separate nonresidential 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.
C. 
"Person"
means a natural person, unincorporated association, tenancy in common, partnership, corporation, limited liability company, cooperative, trust, governmental agency (including the state of Oregon but excluding the city of Rogue River), or other entity in law or in fact.
D. 
"Residential unit"
means a developed property primarily used for personal domestic accommodation which provides complete individual living facilities for one or more persons including but not limited to permanent provisions for living, sleeping, and sanitation. A home business within a residential unit is not a separate nonresidential unit. An accessory dwelling unit on a parcel is a separate residential unit. Each individual dwelling unit within a multifamily residential property, condominium, or mobile home park is a separate residential unit. 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 unit, is a single nonresidential unit, not separate residential units. Transient lodging is not a residential unit.
E. 
"Responsible party"
means the person owing the public safety fee. Unless another responsible party has agreed in writing to pay the public safety fee, and a copy of that writing is filed with the city, the person(s) paying the city's utility charges is the responsible party. If there is no service to or billing for the developed property, or if service or billing has been discontinued, the responsible party is the person(s) having the right to occupy the property.
F. 
"Transient lodging"
means: a hotel, motel or inn dwelling unit that is used for temporary overnight human occupancy; a space used for parking a recreational vehicle or erecting a tent during temporary periods of human occupancy; or other dwelling units, or portions of dwelling units that are used for temporary human occupancy. For the purposes of this chapter, "temporary" means less than 30 consecutive days.
(Ord. 15-392-O § 1)
A. 
Establishment.
1. 
The city council hereby establishes a public safety fee.
2. 
The public safety fee shall be paid by the responsible party for each developed property within the city.
3. 
Collection of the public safety fee for each developed property shall be made by a monthly charge which shall commence on the first day of July, 2015.
B. 
Imposition.
1. 
The public safety fee shall be assessed to each residential unit and to each nonresidential unit.
2. 
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.
3. 
All developed properties within the city shall be charged the public safety fee.
4. 
Undeveloped properties within the city are not subject to the public safety fee.
(Ord. 15-392-O § 1)
A. 
The city council shall have power and authority to establish the amount of the public safety fee and all rates, deposits, penalties and other charges provided for under this chapter.
B. 
The monthly public safety fee shall be set by council resolution.
C. 
Except as the fees may be reduced or eliminated under RRMC § 13.30.080, the obligation to pay a public safety fee arises when a person responsible uses or otherwise benefits from police services. It is presumed that police services are used, and that a benefit arises, whenever the subject real property is a developed property.
D. 
All developed properties within the city limits shall be charged a public safety fee.
E. 
Undeveloped properties shall not be charged a public safety fee.
F. 
The council shall review the public safety fee rates on an annual basis in preparation for the city's annual budget. The fee rates should be reviewed in conjunction with desired public safety service levels and the associated costs of providing those service levels.
(Ord. 15-392-O § 1; Ord. 24-436-O § 1)
All public safety fee revenues shall be distinctly noted in the city budget and shall only be used for the purposes stated within this chapter.
(Ord. 15-392-O § 1)
A. 
The public safety fee shall be billed and collected monthly from the responsible party. Statements for the fee shall be included as an additional item on monthly utility or billings whenever feasible.
B. 
The imposition of fees shall be calculated on the basis of the number of residential or nonresidential units supported, without regard to the number of water meters serving that property.
C. 
A presumption shall exist that a property is a 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 service fee, the responsible person for the property shall have the burden to show that the property is not a developed property.
D. 
Fees are due by the fifteenth day of the month in which the bills are received, and will be deemed delinquent if not paid on the last working day of the month in which the fees are due.
E. 
Monies received from responsible parties will first be credited toward the public safety fee, and then to other outstanding city charges.
F. 
The city council may provide for penalties for delinquency of payments to ensure prompt payment of public safety fee billings.
(Ord. 15-392-O § 1)
The city administrator or designee shall be responsible for the administration of this chapter, including the development of administrative procedures for receipt and administration of fees, and all other activities related to the purpose of this chapter.
(Ord. 15-392-O § 1; Ord. 23-418-O § 73)
A. 
A person aggrieved by a decision required or permitted to be made by the city administrator under this chapter may appeal the decision to the city council in accordance with this section.
B. 
To initiate an appeal, the aggrieved responsible person shall file with the city administrator a written notice of appeal together with a written statement listing how the city erred, including any supporting documentation to justify the appeal.
C. 
The city council shall make all reasonable attempts to resolve appeals utilizing available existing information, including supporting documentation filed with the appeal, within 35 days of the date the appeal was filed. If, however, more detailed site-specific information is necessary, the city council may request the applicant provide additional information.
D. 
The city council shall file a report within 90 days of the date the appeal was filed explaining the disposition of the appeal, along with the rationale and supporting documentation for the decision reached.
E. 
When a responsible party disputes an interpretation given by the city as to a property's classification or the responsible party's liability for the fee, if the appeal is successful, relief will be reassignment to a more appropriate billing category. In such instances, a refund of fees to the responsible party will be limited to any overpayment, retroactive to the filing date of the appeal. In deciding such an appeal, factors to be taken 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.
(Ord. 15-392-O § 1)
A. 
In addition to other lawful enforcement procedures, using the procedures under RRMC § 13.15.110, the city may enforce the collection of charges required by this chapter by withholding delivery of water or sewer service to any premises where the public safety fee is delinquent.
B. 
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. 15-392-O § 1)