Chapter 3.65
TRANSPORTATION UTILITY FEE
Sections:
3.65.040 Transportation utility fee.
3.65.060 Billing and collection.
3.65.090 Authority of city manager.
3.65.010 Short title.
Ordinance No. 510 may be referred to as the “transportation utility fee ordinance” and will be cited and referred to herein as “this chapter.” [Ord. 510 § 1 (Exh. A), 2019].
3.65.020 Purpose.
This chapter establishes a transportation utility fee, which fee when collected will subsidize the costs and expenses city incurs to provide street system services. The transportation utility fee provides a utility-based funding mechanism to pay for benefits conferred on city residents and businesses through road maintenance and repairs. Notwithstanding anything contained in this chapter to the contrary, the transportation utility fee is (1) a fee for service and not a charge against property, (2) premised on the direct and indirect use or benefit derived from use of city’s street system, and (3) not a property tax or subject to the limitations of Article XI, Section 11, of the Oregon Constitution. [Ord. 510 § 1 (Exh. A), 2019].
3.65.030 Definitions.
Unless the context requires otherwise, when used in this chapter the following terms and phrases have the meanings assigned to them below:
City – City of Coos Bay, Oregon.
City council or council – The then-appointed Coos Bay city council.
City manager – City’s then-appointed city manager or his or her designee.
City street system or street system – All transportation-related components located on city-owned property, city right-of-way, and/or city easements within city’s incorporated limits that city is contractually or legally obligated to operate and maintain, including, without limitation, streets, alleys, curbs and gutters, bridges, sidewalks, paths, and improvements and installations related to such components, which are designated for use by motor vehicles, pedestrians, bicycles, and/or other similar vehicles.
City utility service(s) – City’s sanitary sewer utility and/or Coos Bay-North Bend water board water utility.
Customer(s) – A person receiving city utility service(s).
Developed property – Real property that has been altered by development coverage.
Dwelling or dwelling unit – One or more habitable rooms that are occupied, or are intended or designed to be occupied, by one family with facilities for living, sleeping, sanitary facilities, cooking, and eating.
Nonresidential property – All developed property not used as residential property.
Occupied unit(s) – Any structure(s) (or discrete portion thereof) located in city’s incorporated limits which is lawfully capable of being occupied as either residential property or nonresidential property. With respect to multifamily residential property, each separate dwelling unit is considered a separate occupied unit. Each separate and distinct business in a shopping center or commercial or industrial building is considered a separate occupied unit. An occupied unit may include one or more structure(s) if all are part of the same dwelling unit or commercial or industrial operation. For example, a nonresidential property being used as an industrial or commercial site having several structures forming or being used as an integrated commercial or manufacturing business may constitute one occupied unit.
Person(s) – Any natural person, corporation, limited liability company, partnership, joint venture, firm, association, trust, unincorporated organization, government or governmental agency or political subdivision, or any other entity.
Person(s) responsible – The utility customer or person(s) who by usage, occupancy, and/or contractual arrangement are responsible to pay a city utility bill for an occupied unit.
Premises or property – Includes the subject real property and all improvements located thereon.
Residential property – Developed property used or intended for use primarily as a personal domestic domicile, including, without limitation, single-family, multifamily, and group homes, but not including properties used primarily for transient (i.e., less than 30 days) occupancies such as hotels, resorts, and motels.
Transportation utility fee(s) or fee(s) – The transportation utility fee established under this chapter.
Vacant – That an occupied unit has become continuously unoccupied for 30 days or more; provided, however, “vacant” does not mean that only a portion of a property without a separate water meter has become vacant or unoccupied. [Ord. 510 § 1 (Exh. A), 2019].
3.65.040 Transportation utility fee.
City hereby establishes and authorizes the imposition of a transportation utility fee in an amount to be set by resolution. Subject to the provisions of this chapter, the transportation utility fee will be collected from each occupied unit located in city’s incorporated limits. Property that is undeveloped or, if developed, vacant and with all city utilities turned off is not considered an occupied unit. Notwithstanding anything contained in this chapter to the contrary, the city manager, or designee, will determine the property classification and number of occupied units concerning each property. The transportation utility fee may be adjusted from time to time by council resolution. Policies and/or procedures for calculating, billing, and/or collecting the transportation utility fee may be established from time to time by the Coos Bay-North Bend water board (water board). [Ord. 510 § 1 (Exh. A), 2019].
3.65.050 Use of funds.
All fees collected under this chapter will be deposited into the city’s street improvement fund. Street improvement fund revenues will be used to pay the costs and expenses of operating the street system, including, without limitation, costs and expenses associated with the operation, maintenance, repair, engineering, improvement, renewal, safety, replacement, and/or reconstruction of the street system. It will not be necessary that the maintenance and repair expenditures from the street improvement fund relate to any particular property from which the fee(s) for said purposes were collected. [Ord. 510 § 1 (Exh. A), 2019].
3.65.060 Billing and collection.
(1) Fees. Subject to and in accordance with this chapter, the council may establish and/or modify from time to time such fees, charges, fines, and/or penalties related to the transportation utility fee as the council deems necessary or appropriate by council resolution, including, without limitation, late fees and penalties.
(2) Billing. The transportation utility fee will be billed and collected monthly, or at such other interval determined by the water board, following billing procedures established by the water board and similar to those in place for the city’s sewer user fees also billed by the water board on behalf of the city. The water board shall follow established practices for billing of sewer user fees on behalf of the city, including development of payment due dates, delinquency notices, shutoff procedures, and collection proceedings, as well as appropriate methods for determining responsibility of payment in non-owner-occupied properties and those vacant, with regard to the billing and collection of the transportation utility fee.
(3) Place of Payment. All payments will be made at the place designated on the most recent utility bill. [Ord. 510 § 1 (Exh. A), 2019].
3.65.070 Appeal.
(1) Any person aggrieved by a ruling or interpretation of this chapter may appeal the ruling or interpretation by filing a written notice of appeal with the city manager. The notice of appeal must be filed no later than five days prior to the proposed termination date or within 10 days after the date notice of the ruling or interpretation is delivered to the person, whichever is earlier. The notice of appeal must contain (a) the name, address, and telephone number of the appellant, (b) a copy of the ruling or interpretation being appealed, and (c) the basis for the appeal, describing with reasonable specificity why the ruling or interpretation is in error. No termination of service will occur during the pendency of a timely and properly filed appeal before the city manager and/or council under this section.
(2) The city manager will conduct an informal hearing on the matter and, after consideration of the material presented by the appellant and city, the city manager will decide whether to approve or deny the appeal. If necessary, the city manager will prepare a written decision based upon the city manager’s findings. The city manager will send his or her written decision, if applicable, to the appellant and the council.
(3) If the appellant determines that his or her appeal has not been handled by the city manager to his or her satisfaction, he or she may, within 10 days after receipt of the city manager’s decision, request that the council complete an independent review of the appeal. The city manager will forward his or her entire file on the case for review of the council. The council will, within 30 days after receipt of the request for an independent review, issue a written decision on the matter and send the decision to the appellant and city manager. The council’s decision is final, conclusive, and binding. [Ord. 510 § 1 (Exh. A), 2019].
3.65.080 Liability.
City is not liable or responsible for any actual, consequential, and/or other damage(s) to person(s) or property resulting from city’s pursuit of any rights or remedies under this chapter or applicable law, including, without limitation, termination of water service to any person(s) or premises. [Ord. 510 § 1 (Exh. A), 2019].
3.65.090 Authority of city manager.
The city manager is responsible for the administration of this chapter. Unless otherwise expressly stated herein, the city manager will make all interpretations and discretionary determinations under this chapter, including, without limitation, determinations as to approvals, authorizations, judgments, adjustments, requirements, options, and/or impacts upon the transportation system. [Ord. 510 § 1 (Exh. A), 2019].