Chapter 8.25


8.25.010    Creation of fire suppression program.

8.25.020    Definitions.

8.25.030    Subscription agreement required.

8.25.040    Subscription fee.

8.25.050    Non-fire suppression program fees.

8.25.060    Collection of fees.

8.25.070    Member obligations.

8.25.010 Creation of fire suppression program.

There is hereby created a fire suppression program. The purpose of the program is twofold. First, to enable the city to efficiently and effectively provide fire suppression services to properties located outside the city’s incorporated limits. Second, to improve the infrastructure and capabilities of rural fire suppression in Harney County. [Ord. 19-868 § 2, 2019]

8.25.020 Definitions.

The definitions contained in this chapter shall be observed and applied in the interpretation of this chapter, except where the context clearly indicates otherwise. Words used in the present tense shall include the future; words used in the singular number shall include the plural and the plural the singular; words used in the masculine gender shall include the feminine. The following terms shall have the following meanings:

(1) “City” means the city of Burns.

(2) “Department” means the city of Burns fire department.

(3) “Fire suppression services” means structural fire suppression; wildland fire suppression; motor vehicle accident response; hazmat response; and/or mitigation planning.

(4) “Good standing” means that a member has paid all required fees associated with an executed subscription agreement and is not in breach of any terms or conditions of an executed subscription agreement.

(5) “Member” means a property owner, or leaseholder of property, located in the program area that has executed a subscription agreement and is in good standing.

(6) “Program area” means any property which is located in the map attached as Exhibit A to the ordinance codified in this chapter, and incorporated herein by reference.

(7) “Real market value” means the value of a property as determined by and documented on the most current Harney County real property assessment report. [Ord. 19-868 § 2, 2019]

8.25.030 Subscription agreement required.

To receive fire suppression services from the city in accordance with this chapter, property owners, or leaseholders, must enter into a subscription agreement, and pay all applicable fees, with the city.

(1) For property that is subject to an executed lease agreement whereby a tenant has control of the property, the subscription agreement shall be completed and executed by either the property owner or the leaseholder. Whoever signs the subscription agreement, be it the property owner or the leaseholder, is the person responsible for paying any associated program fees and for complying with any terms of the program.

(2) The city manager, in consultation with the fire chief and legal counsel, shall draft the terms and conditions of the subscription agreement in a way that honors the intent of the fire suppression program, meets the requirements of this chapter, and provides for the best interests of the city, its residents, its employees and its firefighters (whether paid or volunteer). [Ord. 19-868 § 2, 2019]

8.25.040 Subscription fee.

As consideration for the city’s providing fire suppression services, each member shall pay the city the following fees:

(1) An administrative fee of $25.00; and

(2) A subscription fee. Subscription fees shall be assessed:

(a) At a rate of $1.75 per $1,000 of current real market value of residential and other improvements of the participating property. This fee does not include assessed value of land.

(b) If a property is one in which no current county tax is assessed because the property is considered nontaxable, the subscription fee shall be calculated by way of an appraisal, which is paid for and provided by the property owner, wherein the assessed value is identified. The subscription fee will be assessed at $1.75 per $1,000 of the appraised market value of the property. [Ord. 19-868 § 2, 2019]

8.25.050 Non-fire suppression program fees.

If the department responds to a property outside of the city’s jurisdictional limits, and that property is not a member, the department shall assess the property owner a fee of $400.00 per hour, per fire department vehicle that responds to the call for service. [Ord. 19-868 § 2, 2019]

8.25.060 Collection of fees.

The city manager shall collect all fees owed pursuant to this chapter in the following manner:

(1) Administrative Fee. The administrative fee is due and payable upon the execution of a subscription agreement or any renewal thereof.

(2) Subscription Fee. The subscription fee is due and payable upon the execution of a subscription agreement or any renewal thereof.

(3) Non-Fire Suppression Program Fee. Any non-fire suppression program fee assessed to a property owner whose property is located outside of the city’s jurisdictional limits shall be due and payable within 30 days of receiving an invoice from the city. [Ord. 19-868 § 2, 2019]

8.25.070 Member obligations.

In addition to any other obligation provided by this chapter and the subscription agreement, members are required to:

(1) Construct, maintain, and plow roads, crossings, and other means of access to and, where applicable, across the property such that fully loaded department vehicles and equipment can access any portion of the property at any time during the duration of the subscription agreement. Department vehicles and equipment are large and carry significant weight loads.

(2) Post the property’s address in a highly visible location on the property’s primary access road so that department employees (or volunteers) can readily locate the property at any time of day, during any type of weather conditions, throughout the duration of the subscription agreement. [Ord. 19-868 § 2, 2019]