Chapter 12.10
STREET UTILITY FEE
Sections:
12.10.020 Street utility fee established.
12.10.030 Exceptions to street utility fee.
12.10.050 Street utility fee structure.
12.10.060 Billing and collection of fees.
12.10.070 Waiver of fee in case of vacancy.
12.10.010 Definitions.
For the purposes of this chapter, the following terms are defined as follows:
“City street system” or “street system” means all transportation-related components located on city-owned property, city right-of-way or city easements within the city limits that the city is contractually or legally obligated to operate and maintain. The components include streets, alleys, curbs and gutters, bridges, sidewalks and paths, including improvements and installations related to any and all components, which are designated for use by motor vehicles, pedestrians, bicycles or other vehicle use.
“Developed property” or “developed use” means a parcel or lot of real property upon which any improvement exists, and upon which activities occur that generate or receive motor vehicle traffic. Improvement on developed property includes, but is not limited to, buildings, parking lots, landscaping and outside storage.
“Dwelling” or “dwelling unit” means one or more habitable rooms that are occupied or that are intended or designed to be occupied by one family with housekeeping facilities for living, sleeping, sanitary facilities, cooking and eating.
“Multifamily residential” means property with a building consisting of two or more dwelling units, including, but not limited to, apartments, townhouses, condominiums and duplexes.
“Nonresidential” means a use of property that is primarily not for single-family or multifamily dwellings.
“Occupied unit” means any structure or any portion of any structure occupied for residential, commercial, industrial, or other purposes. For example, in a multifamily residential development, each dwelling unit shall be considered a separate occupied unit when occupied, and each retail outlet in a shopping mall shall be considered a separate occupied unit. An occupied unit may include more than one structure if all structures are part of the same dwelling unit or commercial or industrial operation. For example, an industrial site with several structures that form an integrated manufacturing process operated by a single manufacturer constitutes one occupied unit. Property that is undeveloped or, if developed, is not in current use with city utilities turned off is not considered an occupied unit.
“Person responsible” means the utility customer or the person or persons who by usage, occupancy or contractual arrangement are responsible to pay the city utility bill for an improved premises.
“Single-family residential” means property with a building consisting of a single, detached dwelling unit. [Ord. 10-003 § 2, 2010].
12.10.020 Street utility fee established.
A street utility fee is hereby established, in an amount to be determined, and adjusted from time to time, by resolution of the city council. Fees charged to the person responsible shall be based on a per occupied unit. Such fee shall be established in such amounts which will provide sufficient funds to properly maintain local streets throughout the city. [Ord. 10-003 § 3, 2010].
12.10.030 Exceptions to street utility fee.
The following shall not be subject to the street utility fee:
(1) City-owned parking lots, which are not associated with public services other than parking.
(2) Publicly owned parkland, open spaces, and greenways, unless public off-street parking designed to accommodate the use of such areas is provided. [Ord. 10-003 § 4, 2010].
12.10.040 Use of funds.
All funds collected pursuant to this chapter shall be paid into the street utility fund. Such revenues shall be used to pay costs of operation, maintenance, repair, engineering, improvement, renewal, replacement and reconstruction of the city street system. It shall not be necessary that the maintenance and repair expenditures from the street utility fund specifically relate to any particular property from which the fees for said purposes were collected. [Ord. 10-003 § 5, 2010].
12.10.050 Street utility fee structure.
(1) The street utility fee shall be based on a per unit fee on developed property. Each dwelling unit shall be considered a separate occupied unit when occupied, and each retail outlet in a shopping mall shall be considered a separate occupied unit. An occupied unit may include more than one structure if all structures are part of the same dwelling unit or commercial or industrial operation. Property that is undeveloped or, if developed, is not in current use with city utilities turned off is not considered an occupied unit. The following is an example representing a $3.00-per-unit fee:
(a) Single-family residential unit: one unit times $3.00 equals $3.00 per month.
(b) Multifamily residential unit with four units: four times $3.00 equals $12.00 per month.
(c) Commercial/industrial unit with three retail shops: three times $3.00 equals $9.00 per month.
An industrial site with several structures that form an integrated manufacturing process operated by a single manufacturer constitutes one occupied unit.
(2) The city administrator shall determine the unit classification for developed property. [Ord. 10-003 § 6, 2010].
12.10.060 Billing and collection of fees.
(1) The street utility fee shall be billed and collected with and as part of the monthly water and sewer bill for those lots or parcels utilizing city water and/or sewer, and billed and collected separately for those lots or parcels not utilizing city water and/or sewer. In cases where a developed property is subject to water and sewer utility charges, the street utility fee bill shall be directed to the same person as the bill for water and sewer charges. In the case of those lots or parcels which are not occupied by the owner, the fee shall be billed with the monthly water and sewer bill, if any, which is billed to the resident of the property, unless the owner of the property requests that the combined utility bill be sent to another address. If a tenant in possession of any premises pays such fee, such payment shall relieve the owner from such obligation and lien, but the city shall not be required to look to any person other than the owner for the payment of such fees. All such bills shall be rendered monthly and shall become due and payable upon receipt.
(2) All charges for street service during any month shall be paid no later than 30 days after the billing date. Bills which remain unpaid for more than 30 days after the billing date shall be considered delinquent. If a customer’s account remains delinquent for more than 10 days, the water service may be turned off at the premises against which the delinquent street charges are owed. When so turned off, the water shall not be turned on again until a reconnect fee established in the city of Myrtle Creek handbook of fees and charges, plus the delinquent portion of the customer’s street account balance, has been paid. If the customer’s account remains delinquent for more than 30 days, the amount owed shall be deducted from the customer’s water service account deposit, the customer’s street, sewer and water accounts may be closed and any remaining deposit balance shall be returned to the customer at the customer’s last known mailing address. The customer shall be responsible for keeping the city informed as to the customer’s current mailing address. The customer shall be defined as the person or persons in whose name the utility service account is registered.
(3) If the street utility fee is not paid when due, the city administrator may proceed to collect such charges in any manner provided by law.
(4) Street service charges shall continue to be levied against the customer’s account until a vacancy occurs, or in the case of a delinquent account, until the city turns off the water service. [Ord. 10-003 § 7, 2010].
12.10.070 Waiver of fee in case of vacancy.
(1) When any property within the city becomes vacant, and water service is discontinued, a waiver of the street utility fee may be granted by the city administrator upon written application of the person responsible, including a signed statement, affirming under penalty of perjury that the property is vacant, and upon payment of all outstanding water, sanitary sewer, and street utility charges.
(2) For purposes of this section, “vacant” shall mean that an entire building or utility billing unit has become vacant or continuously unoccupied for at least 30 days. “Vacant” shall not mean that only a portion of a property without a separate water meter has become vacant or unoccupied.
(3) Fees shall be waived in accordance with this section only while the property remains vacant. The person responsible shall notify the city within five days of the premises being occupied, partially occupied or used, regardless of whether water service is restored. [Ord. 10-003 § 8, 2010].
12.10.080 Appeal.
(1) Any property owner who disputes any interpretation given by the city as to the assigned billing category may appeal such interpretation. A property owner or their agent desiring an interpretation or other examination of the property owner’s street utility fee shall submit a written application to the city administrator. The application shall be submitted in sufficient detail to enable the city administrator to render an interpretation.
(2) Within 30 days of the submission of an application for interpretation together with the required information, the city administrator shall cause a final decision to be made on the application. The decision shall be written and shall include findings of fact and conclusions for the particular aspects of the decision, based upon applicable criteria. A copy of the decision shall be mailed to the person submitting the request. The city administrator shall maintain a collection of such decisions.
(3) If the decision of the city administrator affects the unit fee of the property owner requesting the interpretation, the city administrator shall assign a new unit fee. If a change in unit fee is assigned, the appropriate change may be made in the applicable fee to charge in the future. Back charges or refunds shall be allowed up to 60 days, two billing cycles.
(4) Decisions of the city administrator may be further appealed to the city council, and shall be heard at a public meeting. An owner who disputes an interpretation made by the city administrator as to the assigned unit fee under this chapter shall submit a written appeal to the city council within 10 days from the date of the city administrator’s decision, together with a filing fee established by resolution in the handbook of fees and charges. The application for appeal shall specify the reasons therefor. Appeals shall be limited to the issue of whether the appropriate unit number has been assigned to the particular property.
(5) The city administrator shall schedule the matter for city council review and notify the appellant not less than 10 days prior to the date of such council review. The council shall conduct a hearing during a public meeting and determine whether there is substantial evidence in the record to support the interpretation given by the city administrator. The council may continue the hearing for purposes of gathering additional information bearing on the issue. The council shall make a tentative oral decision and shall adopt a final written decision together with appropriate findings in support. The decision of the council with respect to the unit or units shall be limited to whether the appellant has been assigned to the appropriate unit number. If the council should determine that a different unit number should be assigned, it shall so order. Only where the council decision results in change in unit number will the filing fee on the appeal be refunded. The council decision shall be final.
(6) Appeals filed within 120 days of the effective date of the ordinance codified in this chapter shall not be subject to paying a filing fee. The appeal fee is fully refundable should the appellant adequately justify and secure the requested reassignment in billing category. [Ord. 10-003 § 9, 2010].