HomeMy WebLinkAbout3081 Amending AF&R Cost Recovery Fees
ORDINANCE NO.'JDk- AN ORDINANCE AMENDING AMC CHAPTER 15.28
REGARDING AF&R COST RECOVERY FEES
Annotated to show deletions-and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop, 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, the number of emergency service responses continue to increase each year,
environmental protection requirements involve an increased level of equipment and training, and
hazardous materials incidents create substantial demands on all operational aspects of emergency
services;
WHEREAS, motor vehicle collisions are requiring an increasingly complex array of extrication
equipment due to modern vehicle construction and materials;
WHEREAS, Ashland Fire and Rescue has investigated numerous methods to maintain high
levels of emergency service capability in times of increasing service demand and fiscal
challenges;
WHEREAS, many motor vehicle collisions and hazardous materials incidents involve
individuals not owning property or paying taxes in the City of Ashland;
WHEREAS, recreational activities in remote locations continue to increase each year, safety
requirements mandate technical training, and expensive equipment, increasing demands on all
operational aspects of emergency services;
WHEREAS, greater numbers of personnel are needed to rescue a victim from remote areas due
to the location and nature of the call; and
Ordinance No. 3 o Page 1 of 7
WHEREAS, an increase in overtime for call back personnel is needed to maintain department
staffing levels during these events.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Ashland Municipal Code, Chapter 15.28 Fire Prevention Code, Sections
15.28.030 Definitions; 15.28.080 Appeals; Section 1.5.28.140 Firefighting Outside City -
Assessment; and 15.28.170 Cost Recovery Fees are hereby amended to read as follows:
SECTION 15.28.030 Definitions.
The following definitions govern the construction of this Chapter:
Al he-eve- the word " jJurisdiction" is as used in the Oregon Fire Code, +t-is means
the City of Ashland.
2 Wherever the --,."Department of Fire Prevention" are as used in the Oregon Fire
Code, means "Fire & Life Safety Division."
3. "Apparatus cost" means the standardized cost, includinu repairs and depreciation,
for the use of Ashland Fire and Rescue ("AF&R") and public works apparatus or
equipment, as set forth in adopted regulations of the State Fire Marshall or in City
resolution, and the cost for the use of apparatus or equipment of another
jurisdiction which may respond to an incident pursuant to statute or
intergovernmental agreement.
4. "Direct costs" means those costs of supplies, apparatus and labor incurred by the
City or another jurisdiction in responding to an incident and as may be set forth in
adopted regulations of the State Fire Marshall or in City resolution.
5. "Direct fire or rescue services" means any service provided by employees of the
City, (1) to a person whose person or property is injured or threatened with iniurv:
or (2) to a person whose property has iniured or threatens to injure another person
or another person's property, for which a charge is not otherwise imposed under
this code. "Direct fire or rescue services" includes, but is not limited to, the
suppression of fires, the rescue of persons or property, the provision of medical
assistance, and containment and cleanup of hazardous materials.
6. "Indirect costs" means those costs that are set forth in adopted regulations of the
State Fire Marshall or in City resolution, and which are the product of the state
"average response availability rate," and the time spent responding to an incident,
together with the state "average support services cost per incident," as defined by
the State Fire Marshall.
7. "General costs" means direct or indirect costs that are not attributable to any
particular person who received direct fire and rescue services.
8. "Gross negligence" means conduct with conscious indifference to or reckless
disregard of the rights of others.
9. "Labor costs" means the compensation paid by the City to its employees, including
but not limited to base pay, overtime pay and fringe benefits, during the time spent
responding to an incident.
Ordinance No.:~,qf I Page 2 of 7
10. "Railroad right-of-way" means a right-of-way used for rail transportation.
11. "Transportation route" means a roadway or waterway against which no taxes or
assessments for fire protection are levied by the City.
SECTION 15.28.080 Appealsw
Whenp.vpw the Fire Code Offieial disapproves an uppliention or refuses to grant a per-mi
applied
or 3A,hen it is elaimed that the provisions of the eode do no
f
apply or- that the true intent and meaning of the eode have been misp-o-n-st-rued- Aff- m.,Fongl)
interpreted, Ashland Fire Code Appeals Board as defined by Appendix A of the Oregon Fire Code
within 30 days from the date of the deeision ikppealed-.
SECTION 15.28.140 Firefighting Outside City Assessment.
Whenever a fire is extinguished or- attempted to be extinguished by the fire depar-tmeftt
6e pert.. in .olyed i .eh fire shall y for-
nuw.ue the a.nJ of Asu.u..u, the owner m a
the
> •
A For the first hour o•. C -Aetiom thereof.-
2. Brush apparatus $100.00/hotw
3 Reseue standby $100.00/hour-
•
A Sta ff ..Mile $50.00/hour-
For
payment shall he o"
f
fraetienal basis to the nearest 15 minutes.
W. Personnel eost shid! be iketual eost w-th a minimum ehnr-ge of one hour 41r- eaph
person responding to the fire emergeney, plus fill personnel eosts in exeess 0
resn.ar a.aua. .as. guarh per-son performing standby serviees in p1see of those who
to be v...a.u u a. ua. to be billed v.. a Craetia.o..
nal basis to the n est fifteen m notes after the
respond,
first hour for any froetional portions of hours of seMee. (Ord. 1
SECTION 15.28.170 Cost Recovery Fees.
t>r Fees Established. The City of Ashland Fire and Rescue Serviees shall eharge user fee-s
for- the delivery of Fire and Reseue Sem,iees, personnel, supplies nnd equipment to the
resolution.
D Responsible Party. The user .ell shall he eharged to the responsible pal43,. The
responsible party is the per-son entity
ball be held Coin fly and sever-all), liable for the
be determined, arvu all parties ru♦vraeu
,.sotw s :..,.••rred by A F when it responded to the incident The eost shall be in addition
ureur r ev by ,a as
ev
injuries.
imposition of Fees
Q
1. Motor Alehiele Collisions & Hnzardous Materials ineidents. The user- fees for motor
vehiele eellisions (MNIG) and hazardous materials ineidentswill only apply to
..ithin the Gib, of A sh1and as the residents within the eity
persons not . emu.ris
Ordinance No. 30e 1 Page 3 of 7
be-infloAp.q P-wrently subsidize e eests through their property
taxes. However, responses involving intoxieated drivers) hazardous mot°"C..1.. °I^°^
sunw
up, and negligent aets may he subjeet to all applieable fees regardless of r-esideney.
3. lltolotip-q. In the event that damage to utilities is enusing a safety hazard on a publie
right of way that causes emergency responders to deem the area unsafe and remain
on qppnp, -Atol the hazard is eliminated, user- fees shall be assessed to the responsible
party, ineluding the utility if equipment related problems are eausing emergeney
serviees to respondw
" Billing D»° v°`dures Ashland Fire and Rese shall senre the owner find the per-son
a,. m us a aw,a u, a.
responsible with a notiee stating the total eost of all fees shall be paid within thirty (30)
days, and stating that the bill eon be disputed by filing an appeal pursuant to 2.30.020
A. Fire and Rescue Service Charges Imposed
1. Any person receiving direct fire and rescue services from AF&R as a result of a
motor vehicle collision, a hazardous materials incident, a victim rescue or an
occurrence on a railroad right-of-way or transportation route that requires AF&R
service, shall be liable to the City for the direct and indirect costs incurred by the
City in responding to the incident.
2. Whenever a fire is extinguished or attempted to be extinguished by AF&R outside the
City of Ashland, the owner of the property involved in such fire shall be liable to the Citv
for the direct and indirect costs of fire and rescue services incurred by the City in
responding to the incident.
3. When more than one person receives direct fire and rescue services from AF&R in a
single incident, the general costs incurred may be apportioned pro rata among the
recipients of the services not otherwise exempt from payment or among the parties
involved in the incident, or through any other apportionment which reasonably
allocates the costs of the benefits received.
B. Exemptions from Charges
1. Except as provided in this section, a person liable for a charge imposed under
Section 15.28.170 shall be excused from paving the charge if the person presents
satisfactory proof to the City that, at the time of the incident giving rise to the
charge, the person was a resident of the City, owned real property within the City,
or was the holder of a valid license from the City issued under Chapter 6.04.
2. The exemptions of this section do not apply to:
a. Drivers of vehicles under the influence of alcohol or drugs;
b. Persons who commit acts of gross negligence or are otherwise in violation of
local law or state statute;
c. Persons causing incidents that require hazardous materials clean-up; or
d. Fire extinguishment efforts by AF&R on property outside the City of Ashland.
C. Interest on Charge
Any charge imposed under this section shall be due to the City upon demand or billing
by the City. Any person who fails to pay such charge within ninety (90) days of receipt
of a bill from the City shall also pay interest on the charge from the date of the billing at
the rate of 12 percent (12%) per year; interest for a fraction of a year shall be prorated.
Ordinance No. 30dl Page 4 of 7
D. Use of Payments Received
Fire and rescue service charges collected by the City shall be deposited in accounts
designated for such payments. Funds in such accounts shall be expended only for
operational costs of the fire department, police department, or the public works
department, to reimburse the City for costs of administering and collecting charges for
fire and rescue services.
E. Failure to Pay Charge - Violation
1. Any person who fails to pay a fire and rescue service charge within ninety (90) days
of receipt of a bill from the City, or within such additional time as may be allowed
by a written extension of time by the Fire Chief, is in violation of this code. The
issuance and enforcement of a citation for this violation is governed by the
provisions of AMC Chapters 1 and 15, and any other remedy provided by
municipal or state law.
2. It shall be a defense in any proceeding that:
A.. The person did not receive fire or rescue services:
b. The person is exempt from the payment of the charge; or
L. The charges were improperly computed and billed.
3. Failure to pay a fire and rescue service charge when due shall also subject the
obligee to the general penalties for violation of City ordinances and any other
remedy provided by municipal or State law.
EF.Appeal Procedures.
A person AF&R determines to be liable for fire and rescue services charges may appeal
AF&R's determination as provided in AMC 2.30.020 [Administrative Appeals Process]. A
person whose application for a permit for exemption from fire restrictions is denied by the
Fire Code Official or who objects to fire inspection fees or fees imposed by the Fire Code
Official for noncompliance with regulations in AMC Chapter 15.28 or the Oregon Fire Code
may appeal the decision as provided in AMC 2.30.020, which appeal shall be decided in
compliance with Appendix A of the Oregon Fire Code.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the 5 day of I)V 2013,
and dul ASSED and ADOPTED this day of 2013.
azbara M. Christensen, City Recorder
Ordinance No. 306 I Page 5 o4
SIGNED and APPROVED this J- day of, 2013.
hn Stromberg, May r
Review as to fa<:~
David H. Lo an, City Attorney
y
Ordinance No. 30€1 PagelT
I