Chapter 13.30
ST. HELENS PUBLIC SAFETY FEE
Sections:
13.30.040 Creation and imposition of public safety fee.
13.30.010 Short title.
The provisions of this chapter shall be known and may be cited as the “city of St. Helens public safety fee ordinance.” (Ord. 3266 § 2 (Exh. A), 2021)
13.30.020 Purpose and intent.
(1) The purpose of the public safety fee is to provide additional funding to safeguard, facilitate and encourage the health, safety and welfare of the residents, businesses and visitors of the city as well as maintaining and operating the city of St. Helens police department.
(2) The intent of the public safety fee is to provide a funding mechanism to pay for the benefits conferred on residents, businesses and visitors of the city, including but not limited to expenditures related to the acquisition, improvement, replacement and/or construction of public safety facilities. (Ord. 3299 § 1 (Att. A), 2024; Ord. 3266 § 2 (Exh. A), 2021)
13.30.030 Definitions.
(1) “Developed property” means a lot, parcel or tract of real property that is used as a dwelling unit (as defined by SHMC Title 17), business or other activity in the city.
(2) “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 St. Helens), or other entity in law or in fact.
(3) “Public safety facility” means site improvements, parking lots, green space, sidewalks and buildings associated with a new or existing public safety building.
(4) “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 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. (Ord. 3266 § 2 (Exh. A), 2021)
13.30.040 Creation and imposition of public safety fee.
(1) The city council hereby establishes and imposes a public safety fee to be paid by the responsible party of any developed property within the corporate limits of the city.
(2) The public safety fee shall be set at a uniform rate and applied to developed property.
(3) Rates, fees and other charges for the public safety fee, including, but not limited to, delinquent fees, shall be set or amended by city council in a public forum after considering a staff report to provide an overview and allowing for public comments and testimony. City council shall pass a rate resolution after the forum.
(4) The city council shall review the amount of the public safety fee annually prior to the adoption of the city’s annual budget. (Ord. 3266 § 2 (Exh. A), 2021)
13.30.050 Collection of fee.
(1) The public safety fee is independent of and in addition to existing fees and charges imposed as part of the city’s standard utility rates. The public safety fee will be included with the city’s utility bill as a separate and distinct charge.
(2) The public safety fee shall be due and payable at the same time and in the same manner and method as the city’s utility bill and associated charges, as provided for under SHMC 13.02.060.
(3) Vacant and undeveloped property within the city is exempt from the public safety fee until such time that the city receives a request for utility services or issues a building permit. (Ord. 3266 § 2 (Exh. A), 2021)
13.30.060 Administration.
The city administrator shall be responsible for the administration of the public safety fee, including the development of administrative procedures, administration of fees, and all other activities related to the purpose of the public safety fee. (Ord. 3266 § 2 (Exh. A), 2021)
13.30.070 Use of funds.
All funds collected by the city from the public safety fee shall be deposited into a separate and distinct account for purposes including, but not limited to, operations, sworn personnel, equipment, training, and other related costs associated with the operation of the city of St. Helens police department as well as capital costs for the acquisition, improvement, replacement and/or construction of public safety facilities. The fees paid and collected by virtue of this chapter shall not be used for general or other governmental or proprietary purposes of the city, except to pay for the equitable share of the cost of accounting, management and government which is attributable to the public safety fee. (Ord. 3299 § 1 (Att. A), 2024; Ord. 3266 § 2 (Exh. A), 2021)
13.30.080 Appeal process.
(1) A responsible party 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.
(2) To initiate an appeal, the aggrieved responsible party shall file with the city recorder a written notice of appeal together with a written statement listing how the city erred, including any supporting documentation to justify the appeal.
(3) The city council shall make all reasonable attempts to resolve appeals utilizing available existing information, including supporting documentation filed with the appeal, within 30 days of the date the appeal was filed. If, however, more detailed site-specific information is necessary, the city council may request the responsible party provide additional information.
(4) 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.
(5) 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. 3266 § 2 (Exh. A), 2021)
13.30.090 Enforcement.
(1) In the event funds received for payments on a city monthly utility service bill are inadequate to satisfy in full all of the water, sewer, and public safety charges, credit shall be given first to the public safety fee, second to the sewer service charges, and third to the charges for water service.
(2) In addition to other lawful enforcement procedures, using the procedures under SHMC 13.02.090, the city may enforce the collection of charges required by this chapter by withholding delivery of water to any premises where the public safety fee is delinquent.
(3) 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. If the city commences any legal proceedings to enforce the provisions of this chapter, and the city prevails, the city is entitled to all fees and costs it incurred, as well as any sum that a court, including any appellate court, may deem reasonable as attorney’s fees. (Ord. 3266 § 2 (Exh. A), 2021)