Chapter 9.40
PUBLIC SAFETY FEE
Sections:
9.40.030 Establishment and imposition.
9.40.040 Setting fee and other charges.
9.40.060 Billing and collection of the public safety fee.
9.40.070 Program administration.
9.40.080 Adjustment and appeal.
9.40.090 Delinquency and enforcement.
9.40.010 Purpose and intent.
A. The principal purpose of the public safety fee adopted under this chapter is to protect and ensure the health, safety, and welfare of the residents and businesses of the city. The city council finds that a continuous and consistent public safety program provides a multitude of economic and social benefits to the public, including but not limited to:
1. Police protection.
2. Prevention of crime.
3. Enhanced protection of property.
4. Fire services.
5. Emergency communication services.
6. Promotion of business and industry.
7. Promotion of community spirit and growth.
8. Protection for all citizens and visitors.
B. It is the intent of this chapter to provide a funding mechanism to help pay for the benefits conferred on city residents and businesses by the provision of an adequate level of law enforcement protection, public safety, fire services, and emergency communications services within the city.
C. A public safety fee is necessary to provide a stable funding mechanism to help pay for the benefits of public safety services and to provide an acceptable level of service to the city’s residents, visitors and commercial enterprises.
D. This chapter is intended to create a public safety fee to cover the costs of services as permitted in this chapter within the corporate limits of the city of Fairview. While it is not intended to provide full funding for all public safety services, it is intended to help offset the shortage of revenues from other sources. (Ord. 5-2025 § 1 (Exh. A))
9.40.020 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
A. “Developed property” means a parcel of real property, or portion thereof, on which improvements have been constructed. Improvements include, but are not limited to, buildings, structures, parking lots, outside storage, and other uses that increase demand for public safety services.
B. “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 general public access to the storage space from which the lessee runs a business.
C. “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 Fairview), or other entity in law or in fact.
D. “Residential unit” means a developed property primarily used for personal domestic accommodation which provides complete individual living facilities for one or 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, condominium, or mobile home park is a separate residential unit. A business that provides long-term assisted living care, including but not limited to a long-term care facility, but that does not provide full individualized living facilities for each dwelling unit is a single nonresidential unit, not separate residential units. Transient lodging is not a residential unit.
E. “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(s) 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.
F. “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 of this chapter, “temporary” means less than 30 consecutive days. (Ord. 5-2025 § 1 (Exh. A))
9.40.030 Establishment and imposition.
A. Establishment.
1. The city council hereby establishes a public safety fee to accomplish the above stated purposes. The public safety fee is imposed by the city monthly on all utility accounts connected to city utilities.
2. The public safety fee shall be paid by the responsible party for each developed property within the city.
3. Collection of the public safety fee for each developed property shall be made by a monthly charge which shall commence upon the adoption of the council’s fee schedule by resolution.
B. Imposition.
1. The public safety fee shall be assessed to each residential unit and to each nonresidential unit.
2. The obligation to pay the public safety fee exists when a person uses or otherwise benefits from public safety services. It is presumed that public safety services are used, and that a benefit arises, whenever a property is a developed property.
3. All developed properties, including all private and publicly owned properties that have city of Fairview utility accounts, including those owned or operated by county, state, and federal governments, and special districts within the city shall be charged the public services fee. The following are exempt:
a. Developed property owned by the city of Fairview or the Fairview urban renewal agency that are property-tax exempt are exempt from payment of the public safety fee.
4. Undeveloped properties within the city are not subject to the public safety fee.
5. The public safety fee described herein is a user utility fee and not subject to the property tax limitations of Article XI, Sections 11(19) and 11(b) of the Oregon Constitution. The public safety fee is not a fee imposed on property or property owners by fact of ownership.
6. The public safety fee described herein shall be separate from, and in addition to, any and all federal, state, local, and city charges as may be levied, imposed, or due from a utility operator or provider, its customers or subscribers, or on account of the lease, sale, delivery, or transmission of utility services. (Ord. 5-2025 § 1 (Exh. A))
9.40.040 Setting fee and other charges.
A. The city shall have power and authority to establish the amount of the public safety fee, and all rates, deposits, penalties, and other charges provided for under this chapter. Such fees, rates, deposits, penalties, and other charges shall be established by council resolution without the necessity of amending this chapter, and such resolution when duly passed shall provide the lawful fee, rates, deposits, penalties, and other charges of the city in connection with the public safety fee created by this chapter; provided, however, the requirements of law be complied with in connection therewith.
B. The city shall review the public safety fee rates annually. The fee rates shall be reviewed in conjunction with the desired public safety service levels and the associated costs of providing those service levels. (Ord. 5-2025 § 1 (Exh. A))
9.40.050 Dedication of funds.
All public safety fee revenues shall be distinctly noted in the city budget and shall only be used for the purposes stated within this chapter. (Ord. 5-2025 § 1 (Exh. A))
9.40.060 Billing and collection of the public safety fee.
A. The public safety fee shall be billed and collected monthly from the responsible party. Statements for the fee shall be included as an additional item on monthly utility billings whenever feasible.
B. The imposition of fees shall be calculated on the basis of the number of residential or nonresidential units supported, without regard to the number of water meters serving that property.
C. A presumption shall exist that a property is a developed property under this chapter when a property receives water service, receives sewer service, is under lease, is issued a building permit, or receives an occupancy permit. Thereafter, to avoid the public service fee, the person responsible for the property shall have the burden to show that the property is not a developed property.
D. Fees shall be bound by the same due dates as water, sanitary sewer, and storm water charges, and fire suppression fees. Penalties will also be assessed on the same schedule as these charges as provided in FMC 13.05.100, Billing and payment.
E. Monies received from responsible parties will first be credited toward the public safety fee, and then to other outstanding city charges.
F. The city council may, in its fee rate resolution, provide for penalties for delinquency of payments to ensure prompt payment of public safety fee billings. (Ord. 5-2025 § 1 (Exh. A))
9.40.070 Program administration.
The city manager shall be responsible for the administration of this chapter, including the development of administrative procedures for receipt and administration of fees, and all other activities related to the purpose of this chapter. (Ord. 5-2025 § 1 (Exh. A))
9.40.080 Adjustment and appeal.
A. Customers who believe their public safety fee, as applied to their developed property, is not within the intent of this chapter may request, in writing, a review of their public safety fee by the city finance department. Upon such request, the city finance department shall initiate the review of a customer’s public safety fee. Similarly, if the city finds that the public safety fee, as it applies to a particular developed property, is not within the intent of this chapter, it may be reviewed by the city finance department. The city finance department’s decision shall be in writing and shall be sent to the customer at the address provided in the application for appeal.
B. If a customer’s charge is reduced as a result of this review, the corrected public safety fee shall begin with the next billing and a credit or refund shall be made retroactively, not to exceed one year from the last billing.
C. If a customer’s charge is increased as a result of this review, the corrected public safety fee shall begin with the next billing and the customer may be billed for the increase retroactively, not to exceed one year from the last billing.
D. If an existing customer has not been billed for the public safety fee, the fee shall begin with the next billing and the customer may be billed retroactively for amounts previously owned but not billed, not to exceed one year from the date the city becomes aware of the omission.
E. Customers not satisfied with the results of the review by the city finance department may appeal the decision by filing a written notice of appeal to the city manager within 30 days of the date of the city finance department’s decision. The city manager’s decision shall be in writing and shall be sent to the customer at the address provided in the application for appeal. The city manager’s decision shall be the final decision of the city.
F. The initial filing for an appeal shall be at no cost. A $50.00 fee is required for further appeal to the city manager. These fees are fully refundable should the appellant adequately justify and secure the requested change or relief.
G. The city manager may write off closed accounts and retroactive bills if in the best interest of the city and may write off refunds, unless the customer requested otherwise, if the cost of making the refund would exceed the amount of the refund.
H. The city manager shall be responsible for the administration of this chapter and for the collection of fees hereunder. (Ord. 5-2025 § 1 (Exh. A))
9.40.090 Delinquency and enforcement.
A. A public safety fee is considered delinquent based on the same criteria as water, sanitary sewer, stormwater charges, and fire suppression fees.
B. In addition to other lawful enforcement procedures, using the procedures under the Fairview Municipal Code, the city may enforce the collection of charges required by this chapter to any developed property where the public safety fee is delinquent and discontinue all water services billed on that account.
C. The city may refuse to restore water service to the developed property until the delinquent charges and other costs incurred are paid.
D. Notwithstanding any provision herein to the contrary, the city may institute any 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 attorneys’ fees.
E. Violation of any provision this chapter is punishable by a fine. Unless otherwise proscribed by state law, all penalties, fees, and fines under this chapter shall be set by resolution of the city council.
F. The council may set by resolution fees for extra services required in collecting delinquent customer accounts for the public safety fee.
G. A fine for a violation of this chapter not set by city council resolution shall be $250.00 per violation. (Ord. 5-2025 § 1 (Exh. A))