Chapter 3.18
PUBLIC SAFETY FEE
Sections:
3.18.030 Imposition of public safety fee.
3.18.060 Program administration.
3.18.070 Appeal procedures and financial hardship.
3.18.010 Purpose.
A. The principal purpose of this chapter is to safeguard, facilitate and encourage the health, safety, and welfare of the residents and businesses of the City of Sutherlin. The Council finds that a continuous and consistent public safety fee program provides a multitude of economic and social benefits to the public, including, but not limited to:
1. Improved response to disaster and emergency situations.
2. Increased police protection.
3. Prevention of crime.
4. Enhanced protection of property.
5. Promotion of business and industry.
6. Promotion of community spirit and growth.
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 imposition of an adequate program of public safety.
C. The structure of the public safety fee enacted in this chapter is intended to be a surcharge for services provided within the City limits. However, it is not intended to provide full funding for the Police or Fire Department. In the event that public safety fee revenues collected are insufficient to properly operate the Police or Fire Department, additional funding may be allocated by the City Council from other nondedicated City funds; provided, however, the City Council may direct the reimbursement of such other nondedicated City funds if additional public safety fee revenues are collected. (Ord. 1100 § 1 (Exh. A), 2025)
3.18.020 Definitions.
When not clearly otherwise indicated by the context, the following words and phrases as used in this chapter have the following meanings:
A. “Developed property” means a parcel or portion of real property on which an improvement exists. Improvement on developed property includes, but is not limited to, buildings, parking lots, and outside storage.
B. “Nonresidential unit” means a nonresidential structure which is used primarily for a business or commercial enterprise and/or which provides facilities for one or more businesses including, but not limited to, permanent provisions for access to the public. Each distinct business facility is considered as a separate nonresidential unit.
C. “Person” means a natural person; unincorporated association; tenancy in common; partnership; corporation; limited liability company; cooperative; trust; any governmental agency, including the State of Oregon but excluding the City of Sutherlin; and other entity in law or fact.
D. “Residential unit” means a residential structure which provides complete living facilities for one or more persons including, but not limited to, permanent provisions for living, sleeping, and sanitation. A home business in a residential zone will be regarded only as a residential unit, not as a nonresidential unit. An ancillary unit on a single-family parcel shall be considered as a separate residential unit. Multi-family residential property consisting of two or more dwelling units, condominium units or individual mobile home units shall have each unit considered as a separate residential unit. Transient lodging shall not be considered as a residential unit; provided, that any recreational vehicle staying longer than 30 days shall not be considered as transient lodging.
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. (Ord. 1100 § 1 (Exh. A), 2025)
3.18.030 Imposition of public safety fee.
A. There is hereby created a public safety fee to accomplish the above-stated purposes.
B. The public safety fee is hereby imposed as a monthly fee on all developed properties located within the City in the following amounts:
|
Police vehicles, operations, and equipment |
$6.00 |
|
Fire Department vehicles, operations, and equipment |
$3.00 |
|
Total: |
$9.00 |
C. Each residential and nonresidential unit on any developed property located in the City shall pay a separate public safety fee.
D. Collection of the public safety fee for each developed property shall be made by a monthly charge, which shall commence on the first day of July, 2025. Billing shall be as a line item on the City service bill unless otherwise specified below.
E. Annually, as part of the budget review process or through the City Council’s periodic budget review, a determination shall be made whether making an adjustment to the fee would be appropriate or not. The City Council may make future adjustments to one or both of the public safety fee amounts by resolution.
F. Except as the fees may be adjusted under section (D), the obligation to pay a public safety fee arises when a responsible party uses or otherwise benefits from police or fire protection services. It is presumed that police and fire protection services are used, and that a benefit arises, whenever the subject real property is a developed property.
G. Undeveloped properties shall not be charged a public safety fee. (Ord. 1100 § 1 (Exh. A), 2025)
3.18.040 Dedication of funds.
All public safety fee revenues collected by the City shall be distinctly and clearly noted in both the revenue and expenditure sections of the City budget and shall be used for the replacement of vehicles and other associated police or fire equipment and other costs incidental thereto and for general police and fire department operations, and for no other purpose, in order to help provide for a safe, well-functioning public safety program. The fees paid and collected by virtue of this chapter shall not be used for general or other governmental or proprietary purposes of the City. (Ord. 1100 § 1 (Exh. A), 2025)
3.18.050 Collection.
A. Public safety fees shall be collected monthly on the City service bill per section 3.18.030.
B. In the event a developed property is not served by a domestic water meter or sewer hook-up, or if water and sewer service is discontinued, the public safety fee shall be billed to the persons having the right to occupy the property.
C. A request for sewer service, a building permit, or the occupancy of an unserved building will automatically initiate appropriate billing for the public safety fee.
D. There shall be no charge for undeveloped property until such time as any permits are issued for occupancy of that property.
E. The imposition of fees shall be calculated on the basis of the number of units supported, without regard to the number of water meters serving that property.
F. A late charge shall be attached to any public safety fee not received within 30 days of billing. The Council will set the amount of such charge by resolution.
G. Notwithstanding anything to the contrary, if the public safety fee is not paid for a period of three months, the fee, with any attendant late fees, may take all steps necessary to collect the fee from the responsible party. (Ord. 1100 § 1 (Exh. A), 2025)
3.18.060 Program administration.
Except as provided below, the City Manager shall be responsible for the administration of the public safety fee.
A. Fees under this chapter will be collected by the appropriate staff at the City.
B. The City Manager is authorized and directed to review the operation of this chapter and, where appropriate, recommend changes thereto in the form of administrative procedures for adoption by the City Council by resolution. Such procedures if adopted by the Council shall be given full force and effect, and unless clearly inconsistent with this chapter shall apply uniformly throughout the City. (Ord. 1100 § 1 (Exh. A), 2025)
3.18.070 Appeal procedures and financial hardship.
A. Any responsible party who disputes any interpretation given by the City as to property classification as a developer property under this chapter may appeal such interpretation pursuant to section 2.09.030 of this code. If the appeal is successful, relief will be granted by reassignment to a more appropriate billing category. In such instances, reimbursement will be given for any overpayment, retroactive to the filing date of the 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.
B. Any responsible party may claim a financial hardship. The City Manager is authorized to determine financial hardship on a case-by-case situation under guidelines submitted by the finance manager to, and approved by, the City Council. The City Manager shall conduct an annual review of all approved hardship cases to determine validity for continuance. The City Manager’s determination regarding financial hardship may be appealed pursuant to section 2.09.030 of this code.
C. There will be an initial filing fee, which the Council shall set by resolution, for any appeal made under this section. These fees are fully refundable should the appellant adequately justify and secure the requested change or relief based on financial necessity. (Ord. 1100 § 1 (Exh. A), 2025)
3.18.080 Enforcement.
A. In the event funds received from City service billings are inadequate to satisfy in full all of the monthly charges, credit shall be given first to the police public safety fee, second to fire public safety fee, third to any nonsewer or nonwater charges, fourth to the sewer service charges, and fifth to the water charge.
B. Notwithstanding any provision herein to the contrary, the City may institute any necessary 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. (Ord. 1100 § 1 (Exh. A), 2025)
3.18.090 Attorney fees.
In any action brought by the City to enforce its rights under this chapter, the Court shall award attorney’s fees to the City if the City is the prevailing party. (Ord. 1100 § 1 (Exh. A), 2025)