Chapter 3.10
NEW CONSTRUCTION EXCISE CHARGE

Sections:

3.10.010    Established – Title.

3.10.020    Definitions.

3.10.030    Administrative excise charge (AEC) payment.

3.10.040    AEC charge determination.

3.10.050    AEC rules and regulations.

3.10.060    AEC application requirement.

3.10.070    Administration and enforcement authority.

3.10.080    AEC exemptions.

3.10.090    Rebates and refunds.

3.10.100    Enforcement of AEC.

3.10.110    Appeal from ordinance administration.

3.10.120    Violation – Penalty.

3.10.130    Legal review.

3.10.010 Established – Title.

The city does hereby establish an excise charge upon all new construction within the city, unless otherwise exempted by law or as herein provided, which shall be entitled “an administrative excise charge (AEC)”. This chapter may be referred to as the “Construction Excise Charge or AEC Ordinance”. (Ord. 3-1995 § 1)

3.10.020 Definitions.

As used in this chapter, unless the context requires otherwise:

A. “Building official” means any person charged by the city with responsibility for the administration and enforcement of the city’s Building Code.

B. “Building permit” means a permit issued by the city in accordance with applicable state and/or city requirements for construction.

C. “Construction”, as herein set forth, means any activity for which a building permit is required for new construction, including the installation of a manufactured structure or dwelling.

D. “Contractor” means any person who performs, engages in or directs such construction activity.

E. “Manufactured dwelling” means any building or structure designed to be used as a residence that is subject to the regulations of ORS Chapter 446 as defined in ORS 446.003(26).

F. “Person” means and includes individuals, domestic and foreign corporations, societies, joint ventures, associations, firms, partnerships, joint stock companies, clubs, or any other legal entity.

G. “Total combined floor area” means the sum of the floor areas of each floor created by the construction or structure installation. (Ord. 3-1995 § 2)

3.10.030 Administrative excise charge (AEC) payment.

An administrative excise charge is imposed on every person who engages in construction or installs a manufactured structure or dwelling in the city. The AEC shall be measured by the total combined floor area constructed (by square footage calculation of the construction or installation designated in the building or installation permit as defined by the “floor area” definition in the Uniform Building Code).

The AEC shall be due and payable at the time of the issuance of any building or installation permit. Liability for the AEC is imposed upon any contractor or person who engages in construction or installation, as the case may be, as well as the owner of property on which the same is located or placed; provided, however, that the AEC must be paid only once thereupon. (Ord. 3-1995 § 3)

3.10.040 AEC charge determination.

The AEC charge to be paid as indicated above shall be determined as follows:

A. The AEC to be paid for construction shall be $0.50 for each square foot of total combined floor area constructed for new residential or manufactured home dwellings.

B. The AEC to be paid for new commercial/industrial construction shall be $0.25 for each square foot of total combined floor area. (Ord. 3-1995 § 4)

3.10.050 AEC rules and regulations.

The city council shall by resolution adopt such rules and regulations necessary or advisable for the administration and enforcement of this chapter. (Ord. 3-1995 § 5)

3.10.060 AEC application requirement.

Each person who shall engage in construction/installation as provided by this chapter within the city shall complete application therefor, providing the information set forth therein, including a statement of the entire floor area of such construction or the installation for the purpose of computing the AEC. In the event such information shall not be provided by the responsible person(s), the AEC charge shall be determined by a designated city building official and the AEC charge computed thereupon. Failure to complete the required application shall be grounds for denial of the city installation/construction permit and subject any construction or installation in progress to a stop work order. (Ord. 3-1995 § 6)

3.10.070 Administration and enforcement authority.

A. The city administrator shall be responsible for the administration and enforcement of this chapter; in exercising such responsibilities the city administrator may act through a designated representative.

B. In performance of the duties imposed by this chapter, the city administrator or her or his designee shall have the authority to do, but not limited to the following acts: administer oaths, certify to all official acts, subpoena and require attendance of witnesses before Fairview municipal court or state court of general jurisdiction; determine compliance with this chapter and its rules and regulations and require production of relevant documentation at court or administrative hearings, and take testimony of any party by deposition or written interrogatory. (Ord. 3-1995 § 7)

3.10.080 AEC exemptions.

No AEC rate obligation shall be imposed by this chapter on any government entity whether federal, state or local with the exception of federal and state housing programs. (Ord. 3-1995 § 8)

3.10.090 Rebates and refunds.

A. Upon written request the city shall refund an AEC to the party paying the same upon determination that the concerned construction/installation was not commenced and that any building or installation permit therefor has been cancelled according to law.

B. Rebates or refunds shall also be made in accordance with the rules and regulations adopted hereunder in accordance with FMC 3.10.050. (Ord. 3-1995 § 9)

3.10.100 Enforcement of AEC.

A. It shall be unlawful for any person to fail to pay all or any portion of the AEC imposed by this chapter in the manner required.

B. It shall be unlawful for any person to occupy any construction/installation project as herein defined unless payment of the AEC imposed hereby has been made as herein required.

C. The AEC imposed by this chapter constitutes a debt of the person liable therefor and may be collected by the city in an action at law. If litigation is necessary to collect said AEC, including any costs or penalties, the prevailing party shall be entitled to reasonable attorneys fees at trial or on appeal.

D. The Fairview city attorney is authorized to prosecute any action required to enforce this chapter. (Ord. 3-1995 § 10)

3.10.110 Appeal from ordinance administration.

Any person who is aggrieved by any determination of the city administrator or designee regarding liability for payment of the AEC as herein set forth or the amount thereof or the amount of any refund rebate may appeal such determination to the Fairview city council. All appeals must be in writing and must be filed within 10 days of the determination by the city administrator or designee. No appeal may be made unless a person has first paid the AEC due as herein determined. (Ord. 3-1995 § 11)

3.10.120 Violation – Penalty.

Failure to pay the AEC within 15 days of the date of issuance of any building/installation permit for any construction, improvement or installation of manufactured dwelling shall result in a penalty equal to the amount of such charge due or $100.00, whichever is greater. In addition to any other civil enforcement provided herein, the violation of this chapter shall be punishable upon conviction by a fine of not more than $500.00. (Ord. 3-1995 § 12)

3.10.130 Legal review.

The legal or constitutional review of this chapter or any portion thereof or the rules and regulations adopted pursuant thereto shall be taken solely and exclusively by writ of review in the manner set forth in ORS 34.010 through 34.100 by any allegedly aggrieved person. (Ord. 3-1995 § 14)