Chapter 3.60
EMERGENCY MEDICAL SERVICES (EMS) UTILITY

Sections:

3.60.001    Title – Codification.

3.60.002    Creation of the EMS utility.

3.60.003    Intent.

3.60.004    Authority.

3.60.005    Definitions.

3.60.006    Governing body.

3.60.007    Fire chief – Duties.

3.60.008    Finance director – Duties.

3.60.009    Additions, betterments, purchases – Compliance with city capital facilities plan.

3.60.010    Additions, betterments, purchases – Financing.

3.60.011    Rates – Determination criteria.

3.60.012    Charges – Area assessed.

3.60.013    EMS utility customer charge.

3.60.014    Rates – User in two classes.

3.60.015    Rates – Buildings housing two classes.

3.60.016    Rates – Service to municipal buildings.

3.60.017    Rates – New structures.

3.60.018    Billing of EMS utility charges.

3.60.019    Liens.

3.60.020    Amendment of rates, charges and classifications.

3.60.021    Repealed.

3.60.001 Title – Codification.

This code shall be referred to as the Bothell EMS Utility Code and shall be codified in Chapter 3.60 of the Bothell Municipal Code. (Ord. 1559 § 1, 1994).

3.60.002 Creation of the EMS utility.

The city of Bothell hereby declares that the city is not adequately served by existing private ambulance service. While city-wide emergency medical services are provided by the city, this service cannot be continued at its present level without proper funding. Creation of the EMS public utility on a city-wide basis will allow the city to provide city-wide EMS service, and to collect charges from the nonlevied property owners in the Snohomish County portion of the city or in the King County portion of the city or in both of them, as the case may be from time to time, in order to maintain EMS services and to equalize the charge for the provision of the same level of EMS service in the Snohomish and King County portions of the city. (Ord. 1717 § 1, 1997; Ord. 1559 § 1, 1994).

3.60.003 Intent.

This code is intended to establish rates and charges which shall be uniform for the same class of emergency medical service to customers in the city, to establish methods of financing facilities, vehicles and equipment necessary to provide emergency medical service, and to comply with the provisions of RCW 35.21.766 (Ambulance Utility) and Chapter 35.92 RCW, Municipal Utilities. (Ord. 1559 § 1, 1994).

3.60.004 Authority.

This code constitutes an exercise of the police power of the city to promote the public health, safety and welfare and its provisions shall be liberally construed for the accomplishment of that purpose. (Ord. 1559 § 1, 1994).

3.60.005 Definitions.

As used in this chapter, the following words shall have the following meanings:

A.    “Commercial use” means a business, either a private for profit or nonprofit business subject to the city’s business license code, including, but not limited to: public utilities, schools, hotels, motels, or any other property not defined as a “residential housing unit.”

B.    “Emergency medical services or EMS” means the provision of prehospital medical treatment of the sick and injured, including but not limited to: treatment of injuries or illness, rescue services and other circumstances requiring medical assistance and transportation of the sick or injured for further medical treatment or care.

C.    “Finance director” means the Bothell finance director or her/his duly authorized designee.

D.    “Fire chief” means the Bothell fire chief or his/her duly authorized designee.

E.    “Low income senior” is as defined in RCW 74.38.070, as the same now exists or may hereafter be amended, which is a person 62 years or older, and whose total income, including that of his or her spouse or cotenant, does not exceed the amount specified in RCW 84.36.381(5)(b), as the same now exists, or may hereafter be amended.

F.    “Owner” means each legal owner of the property to which EMS service is provided.

G.    “Person” means any individual, firm, company, association, society, corporation or group.

H.    “Residential housing unit” means one single-family dwelling, including modular and type A manufactured homes, or one dwelling unit of any duplex, apartment building, cooperative, condominium, mobile and/or mobile/manufactured home park or other multifamily residential structure or multifamily residential use. (Ord. 1957 § 1 (Exh. B), 2006; Ord. 1559 § 1, 1994).

3.60.006 Governing body.

The city council shall be the governing body of the EMS utility. (Ord. 1559 § 1, 1994).

3.60.007 Fire chief – Duties.

The fire chief, through the city fire department, shall oversee and superintend the operation and administration of the EMS utility. The fire chief is also vested with the authority to promulgate reasonable rules and regulations regarding the conduct and operation of the EMS utility and relations between the EMS customers and the city fire department. (Ord. 1559 § 1, 1994).

3.60.008 Finance director – Duties.

The finance director shall keep a system of accounts of revenues and disbursements of the EMS activity for the utility as prescribed by the State Auditor, all as required by law. (Ord. 1559 § 1, 1994).

3.60.009 Additions, betterments, purchases – Compliance with city capital facilities plan.

Additions, betterments and purchases to and for the EMS utility shall be made in accordance with the city’s capital facilities plan heretofore adopted by the city council. (Ord. 1559 § 1, 1994).

3.60.010 Additions, betterments, purchases – Financing.

The cost of making additions, betterments or purchases to and for the EMS utility shall be paid from such sources and by such means as the city council from time to time may direct, in accordance with RCW 35A.80.010, and other laws of the state as the same now exist or as they may hereafter be amended. (Ord. 1559 § 1, 1994).

3.60.011 Rates – Determination criteria.

In classifying customers served or EMS services provided by the city, the council may, in its discretion, consider any or all of the following factors: the difference in cost of service to various customers; the location of the various customers within the city; the difference of cost of maintenance, operation, repair and replacement of the various parts of the utility; the different character of service furnished various customers; and any other matters which constitute a reasonable ground for distinction. (Ord. 1559 § 1, 1994).

3.60.012 Charges – Area assessed.

The city shall assess utility charges for the provision of emergency medical services on all property in the city which is not assessed under an EMS levy. In addition, any property annexed to the city which is not assessed under an EMS levy shall be subject to the imposition of the charges set forth in this chapter, as of the effective date of annexation. (Ord. 1559 § 1, 1994).

3.60.013 EMS utility customer charge.

As of January 1, 2003, the fire chief shall impose the following EMS utility customer charge described in BMC 3.60.012:

A.    Residential. Each residential housing unit shall be assessed a uniform customer charge of $5.17 per month.

B.    Commercial. Each commercial use shall be assessed a uniform commercial customer charge of $15.10 per month.

C.    Low Income Seniors. A discount of 25 percent from the residential rate set forth above should be given to qualified low income senior homeowners on each monthly bill. (Ord. 1897 § 1, 2002; Ord. 1783 § 1, 1999; Ord. 1751 § 1, 1998; Ord. 1717 § 2, 1997; Ord. 1559 § 1, 1994).

3.60.014 Rates – User in two classes.

Should any customer fall within both classes provided in this code, the rate for such user shall be the highest of the two or more classes. (Ord. 1559 § 1, 1994).

3.60.015 Rates – Buildings housing two classes.

In buildings housing two classes of use, the rate shall be the aggregate of the rates for each use housed. (Ord. 1559 § 1, 1994).

3.60.016 Rates – Service to municipal buildings.

The EMS service to all municipal buildings shall be charged the same as commercial users. (Ord. 1559 § 1, 1994).

3.60.017 Rates – New structures.

Charges to the owners of property with new structures shall commence on the date the building served is actually occupied. (Ord. 1559 § 1, 1994).

3.60.018 Billing of EMS utility charges.

A.    EMS charges provided for in this code shall be billed by the finance department. Customers shall be billed every other month on or about the first day of the month on their regular utility bill. Charges remaining unpaid more than 20 days from the date of invoice are delinquent, and a late charge of $0.50 per month shall be added to the EMS bill.

B.    Single-family residential EMS service charge billings shall be made in the name of the owner of the premises. (Ord. 1848 § 1, 2001; Ord. 1559 § 1, 1994).

3.60.019 Liens.

The city shall have the right to lien the property for delinquent and unpaid rates and charges for EMS service, and for the collection of unpaid rates and charges, including interest thereon, against the premises to which such service is available, which lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. Delinquent charges shall bear interest at not exceeding eight percent per annum computed on a monthly basis. The city shall follow the procedure for notice and foreclosure of the lien as provided in RCW 35.67.200 through 35.67.290, as the same now exists or may hereafter be amended. (Ord. 1559 § 1, 1994).

3.60.020 Amendment of rates, charges and classifications.

The rates, charges and classifications provided in this code may be amended from time to time in the discretion of the city council, and such amended rates, charges or classifications shall apply to and be binding upon users of the EMS program located within or newly annexed to the city. (Ord. 1559 § 1, 1994).

3.60.021 EMS utility review.

Repealed by Ord. 1717. (Ord. 1559 § 1, 1994).