Chapter 9.50
PUBLIC SAFETY UTILITY FEE
Sections:
9.50.040 Creation of utility – Purpose.
9.50.050 Monthly public safety utility fee charges.
9.50.060 Administrative officer designated.
9.50.070 Establishment and revision of public safety utility fee.
9.50.080 Public safety utility fee restricted for use.
9.50.090 Imposition of utility fee.
9.50.100 Appeals of determination of fee.
9.50.110 Billing and collection of public safety utility fee.
9.50.120 Recovery of unpaid charges.
9.50.010 Title.
This chapter shall be titled “public safety utility fee.” [Ord. 2025-02 § 1 (Exh. A)].
9.50.020 Findings.
A. The public safety utility fee established herein is intended to assist the city in providing adequate public safety services for the city’s inhabitants and visitors, and to protect and enhance their health, safety and welfare.
B. The fee imposed in this chapter is not a tax on property or on the property owner as a direct consequence of ownership of property within the meanings of Section II.b., Article XI of the Oregon Constitution or the legislation implementing that section. The fee does not supplant any property tax-based system as envisioned in Article XI of the Oregon Constitution.
C. If the public safety utility fee herein imposed is viewed under Section II.b., Article XI of the Oregon Constitution as a tax against property or against a property owner as a direct consequence of ownership of that property, it is an incurred charge with the meaning of that section and the statutes implementing it because:
1. It allows the owner to control the quantity of the service by determining the extent of development to occur upon the property.
2. It allows the owner to determine when the service is to be initiated or increased by controlling when the development occurs.
3. State law and the ordinances of Eagle Point require the owner to provide certain basic services to the property when it is developed for human occupancy. The provision of these basic services is a routine obligation of the owner of the affected property and essential to the health and safety of the community.
D. Among the basic services required of every developed property are public safety and other related facilities.
E. The fee imposed is based upon the actual cost of providing the required service.
F. The public safety utility fee is separate from and in addition to any applicable tax, assessment, charge, “fee-in-lieu-of” assessment, or fee otherwise provided by law or imposed as a condition of development.
G. In accordance with these findings, no public vote is required for the adoption of the public safety utility fee. [Ord. 2025-02 § 1 (Exh. A)].
9.50.030 Definitions.
The following definitions apply to this chapter:
A. “City administrator” means the city administrator or the administrator’s designee.
B. “Developed property” means property on which improvements have been constructed. “Improvements” include but are not limited to buildings, parking lots, landscaping and outside storage. Developed property owned, leased or rented by state and federal governments and other property that otherwise may be entitled to exemption from, or deferral of, ad valorem property taxation are subject to this fee.
C. “Nonresidential unit” means a developed property which is primarily not for personal domestic accommodation, including but not limited to business or commercial enterprise. A nonresidential structure which provides facilities for one or more businesses or tenants, including, but not limited to, permanent provisions for access to the public, shall have each distinct unit or tenancy considered as a separate nonresidential unit. A business that leases storage space does not create separate units for each storage space so long as the lease does not provide for general public access to the storage space from which the lessee runs a business.
D. “Public water or wastewater system” means water and wastewater systems that are owned and operated by a public agency.
E. “Residential unit” means a developed property used for personal domestic accommodation which provides complete individual living facilities for one of more persons including but not limited to permanent provisions for living, sleeping, and sanitation. A home business within a residential unit is not a separate nonresidential unit. An accessory dwelling unit on a parcel is a separate residential unit. Each individual dwelling unit within a multifamily residential property, assisted living facilities, senior living apartments, condominium, or mobile home park is a separate residential unit. Transient lodging is not a residential unit.
F. “Responsible party” means the person(s) who by usage, occupancy or contractual agreement is responsible for paying the utility bill for an improved premises or property or the owner of the property.
G. “Public safety service” includes but is not limited to services provided by the Eagle Point police department as well as the operating, nonoperating, debt service, and capital requirements for other public safety-related facilities, programs, and/or services.
H. “Transient lodging” means a hotel, motel or inn dwelling unit that is used for temporary overnight human occupancy; a space used for parking a recreational vehicle or erecting a tent during temporary periods of human occupancy; or other dwelling units, or portions of dwelling units, that are used for temporary human occupancy. For the purposes or this chapter, “temporary” means less than 30 consecutive days. [Ord. 2025-02 § 1 (Exh. A)].
9.50.040 Creation of utility – Purpose.
The city council hereby finds, determines and declares the necessity of providing for the continued operation of public safety services that serve the city of Eagle Point and its residents and visitors. There is hereby created a public safety utility fee for the purpose of undertaking such activities as are necessary in order to maintain public safety that serves the city of Eagle Point. The fee will be utilized to provide increased public safety. [Ord. 2025-02 § 1 (Exh. A)].
9.50.050 Monthly public safety utility fee charges.
Each residential and nonresidential unit shall be charged a monthly public safety utility fee of $10.00 per month. Vacancies shall not affect the minimum monthly charge. Changes to the rate can be made by the city council by resolution.
The city council shall review the public safety utility fee rates on an annual basis in preparation for the annual budget. The fee rates should be reviewed in conjunction with desired public safety service levels and the associated costs of providing those service levels. [Ord. 2025-02 § 1 (Exh. A)].
9.50.060 Administrative officer designated.
The city administrator or designee shall be responsible for the administration of this chapter. The city administrator or designee shall be responsible for developing administrative procedures for the administration of the fees, developing programs, establishing standards for the operation of specific public safety services or contracts to provide public safety services that serve the city and all other activities related to the purpose of the utility fee. [Ord. 2025-02 § 1 (Exh. A)].
9.50.070 Establishment and revision of public safety utility fee.
A. Establishment. A public safety utility fee is hereby established to be paid by the responsible party for each developed property within the corporate limits of the city. Such fee shall not be imposed in amounts greater than authorized by law, to provide sufficient funds to properly maintain city streets and provide safety improvements.
B. Fees. Fees for individual properties shall be based upon the developed use of the property and the direct and indirect benefit of public safety services. Collection of the fee for each property shall be made by a monthly charge, which shall commence with billing on or after July 25, 2025. [Ord. 2025-02 § 1 (Exh. A)].
9.50.080 Public safety utility fee restricted for use.
All fees collected by the city under the public safety utility fee shall be distinctly noted in the city budget and shall be restricted for use in providing public safety services. [Ord. 2025-02 § 1 (Exh. A)].
9.50.090 Imposition of utility fee.
There is hereby imposed upon the responsible party for each and every developed lot or parcel of land within the city that uses city streets, water, wastewater, or transportation service a public safety utility fee billed monthly. For all residential uses, the fee shall be a set monthly fee, depending on the number of dwelling units of the building. All commercial/industrial users shall pay a fee based on the number of business units, spaces or tenants. This fee is deemed reasonable and necessary to pay for the operation of public safety services within the city. [Ord. 2025-02 § 1 (Exh. A)].
9.50.100 Appeals of determination of fee.
A. A person aggrieved by a decision required or permitted to be made under this chapter may appeal the decision to the city administrator.
B. To initiate an appeal, the aggrieved responsible person shall file with the city administrator a written notice of appeal together with a written statement listing how the city erred, including any supporting documentation to justify the appeal.
C. The city administrator shall make all reasonable attempts to resolve appeals utilizing available existing information, including supporting documentation filed with the appeal, within 20 days of the date the appeal was filed. If, however, more detailed site-specific information is necessary, the city administrator may request the applicant provide additional information.
D. The city administrator shall provide a decision within 45 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.
E. When a responsible party disputes an interpretation given by the city as to a property’s classification or the responsible party’s liability for a 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.
F. If the responsible party is still in disagreement, the responsible party may appeal to the city council. [Ord. 2025-02 § 1 (Exh. A)].
9.50.110 Billing and collection of public safety utility fee.
A. Responsible Party. The responsible party for any improved premises governed by this code shall pay a monthly public safety utility fee according to the rates set forth in this chapter. The person(s) paying the public water (or public wastewater if only wastewater service is provided) or the transportation utility fee shall pay the public safety utility fees.
B. Commencement. Public safety utility fee for new development will commence upon connection to the public water or wastewater system, or completion, occupancy or use of the improvements, or commencement of transportation utility billing to a property, whichever comes first. When it is determined the customer was eligible to be billed for the public safety utility fee, but never billed, the customer will be billed retroactively for each respective month for which they were eligible to be billed. There will be no limitation to period of time.
C. Unified Billing. The public safety utility fee shall be billed and collected by the city in the same manner and at the same time as water, wastewater, stormwater and/or transportation user service charges. Partial payments on utility bills shall be allocated first to the public safety charge, second to the transportation charge, third to the water charge, fourth to the stormwater charge, and lastly to the wastewater charge. The customer shall not be allowed to specify a different allocation.
D. Monthly Bills. Bills will be rendered monthly. Opening or closing bills, or bills that for any other reason cover a period of time more or less than the normal billing period, shall be prorated.
E. Delinquent Accounts. An account is delinquent 21 calendar days after the billing date. After an account, billed for water service as well as public safety utility, has become delinquent, it will receive written notice of the delinquency and be subject to service charges and water service discontinuation pursuant to the municipal code. [Ord. 2025-02 § 1 (Exh. A)].
9.50.120 Recovery of unpaid charges.
A. Nonpayment Accounts. Nonpayment of the public safety utility fee and any associated fees may be assigned to a collection agency and, if the city elects to do so, then a collection fee may be charged which shall be set by resolution.
B. Recovery. Any public safety utility fee which is not paid when due may be recovered from the responsible party in an action at law by the city. In addition to any other remedies or penalties provided by this or any other provision of the municipal code, failure of any user of the city utilities governed by this code to pay said charges promptly when due shall subject such user to measures as may be appropriate to obtain payment, and the city administrator is hereby empowered and directed to enforce this provision against delinquent users.
C. Enforcement. The employees of the city shall, at all reasonable times, have access to any premises served by the city for inspection for compliance with this chapter. [Ord. 2025-02 § 1 (Exh. A)].
9.50.130 Severability.
In the event any section, subsection, paragraph, sentence or phrase of this chapter is determined by a court of competent jurisdiction to be invalid or unenforceable, the validity of the remainder of the chapter shall continue to be effective. [Ord. 2025-02 § 1 (Exh. A)].