Division IV. Street Maintenance Fee
Chapter 13.100
STREET MAINTENANCE FEE
Sections:
13.100.010 Creation – Premise.
13.100.030 Dedicated fund – Fund uses.
13.100.040 Determination of amount, billing and collection of fee.
13.100.060 Administrative provisions and appeals.
13.100.010 Creation – Premise.
A street maintenance fee (SMF) is hereby created and imposed, the amount of which is to be set by council resolution. The revenue from the SMF shall be used to pay the cost of planning, management, construction, preservation, maintenance and where necessary, alteration of city owned or controlled streets. The SMF shall be paid by responsible parties for developed property in the city. The SMF is premised on the direct and indirect use of or benefit derived from use of city’s streets and is neither a property tax nor subject to the limitations of Article XI, Section 11 of the Oregon Constitution. (Ord. 13-06 § 1, 2013)
13.100.020 Definitions.
As used in this chapter, the following phrases shall be used as described in this section:
A. “Billing unit” means any structure(s) or discrete portion thereof lawfully capable of being occupied as either residential or nonresidential property. For example, in multifamily residential property each separate dwelling unit is considered a separate billing unit. Each separate and distinct business outlet in a shopping mall is considered a separate billing unit. A “billing unit” may include one or more structure(s) if all are used in a common purpose or operation. For example, nonresidential property being used as an industrial or commercial site having several structures forming or being used for an integrated commercial purpose or manufacturing process constitute one billing unit.
B. “City” means the city of Silverton, Oregon.
C. “City utility service” means both the city’s water and sanitary sewer utility(ies).
D. “Developed property” means improved legally identifiable lots located in the city containing one or more billing units. The phrase “developed property” does not include property owned or controlled by the city or the federal government.
E. “Improved” means real property with residential or nonresidential buildings or structures (habitable or otherwise) and parking surfaces.
F. “Nonresidential property” means all developed property not used or intended as residential property.
G. “Residential property” means developed property used or intended primarily as personal domestic domicile(s) (along with related improvements) including single-family, multifamily and group homes but not including properties used for transient (i.e., less than 30 day) occupancies such as hotels, resorts or motels.
H. “Responsible party” means the person who either by ownership or occupancy of developed property with one billing unit, or, pursuant to contract, is responsible for payment of city utility services provided that property. For any developed property with one billing unit not otherwise required to pay a utility bill for city utility services, “responsible party” shall mean the owner of that property or the person(s) legally entitled to occupancy of that property, unless a person/party other than an occupant or owner has agreed to pay for city’s utility services in which case they would be the “responsible party.” For developed property with more than one billing unit, the “responsible party” for each billing unit shall be responsible for payment of the SMF. (Ord. 13-06 § 1, 2013)
13.100.030 Dedicated fund – Fund uses.
All SMF monies shall be deposited to a dedicated fund the proceeds of which are to be used for planning, management, construction, preservation, maintenance and where necessary, alteration of city owned or controlled streets including payment of an equitable share of the city’s costs related to those activities. (Ord. 13-06 § 1, 2013)
13.100.040 Determination of amount, billing and collection of fee.
A. The council resolution establishing the amount of the SMF may also establish other policies and procedures for calculating, billing and collecting the SMF.
B. The SMF will be collected from the responsible party of each billing unit on developed property in the city in a manner similar to the process used for collection of utility bills for city utility services.
C. The city’s finance director, under the direction of the city manager, shall be responsible for the calculation and collection of the SMF.
D. The SMF shall be billed to and collected monthly from the responsible party. This billing shall be included as part of utility bills issued for city utility services. If any particular developed property does not have city utility services, a separate monthly bill for that property will be sent the responsible party. All of these bills shall become due and payable on the same schedule as the bills issued for city utility services.
E. Payments on any utility bill that includes a SMF charge will be applied consistent with the terms of SMC 13.200.040(E). An account is delinquent if the SMF is not paid by the due date shown on the utility bill. The city may follow the procedures for collection of delinquent accounts for any such bill, including termination of water and/or sewer services. (Ord. 13-06 § 1, 2013)
13.100.060 Administrative provisions and appeals.
A. The city manager, in consultation with the public works director and finance director, has the authority to interpret all terms, provisions and requirements of this chapter and determine the appropriate charges thereunder.
B. A responsible party may request reconsideration of any determination on any issue by submission of a written application to the city manager. The application shall provide sufficient detail to enable the city manager to render a decision on any issue presented.
C. Within 30 days of submission of a complete application requesting reconsideration, the city manager shall issue a decision thereon. The decision of the city manager is final but may be reviewed consistent with the terms of ORS 34.010 to 34.100. (Ord. 13-06 § 1, 2013)