HomeMy WebLinkAbout3021 Ashland Fire & Rescue User Fees
ORDINANCE NO. .30011
AN ORDINANCE ESTABLISHING AND IMPLEMENTING A
PROGRAM TO CHARGE USER FEES FOR THE DEPLOYMENT OF
PUBLIC SAFETY SERVICES RENDERED BY THE CITY OF
ASHLAND, ASHLAND FIRE & RESCUE
Annotated to show eeletioHs and additions to the code sections being modified. Deletions are
bold linell through and additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the Citv 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; and
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v.lnternational Ass'n of Firefighters, Local 1660, Beaverton Shop. 20 Or. App.
293,531 P 2d 730, 734 (1975);
and
WHEREAS, the number of emergency service responses continues 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; and
WHEREAS, motor vehicle collisions are requiring an increasingly complex array of
extrication equipment due to modern vehicle construction and materials; and
WHEREAS, Ashland Fire and Rescue has investigated numerous methods to maintain a
high level of emergency service capability in times of increasing service demands and fiscal
challenges; and
WHEREAS, many motor vehicle collisions and hazardous materials incidents involve
individuals not owning property or paying taxes in the City of Ashland.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 15.28.170 [Cost Recovery Fees] is hereby added to read as follows:
Ordinance No.
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15.28.170. Cost Recovery Fees
A. Fees Established. The City of Ashland Fire and Rescue Services shall charge user
fees for the delivery of Fire and Rescue Services, personnel, supplies and equipment to the
scene of motor vehicle collisions and hazardous materials incidents as established by
resolution.
B. Responsible Party. The user fee shall be charged to the responsible party. The
responsible party is the person or entity that was at fault in the incident. If fault cannot be
determined, then all parties involved shall be held jointly and severally liable for the costs
incurred by AFR when it responded to the incident. The cost shall be in addition to any
other costs or claims such as damage to vehicles, damage to property, or injuries.
C. Imposition of Fees.
I. Motor Vehicle Collisions & Hazardous Materials Incidents. The user fees for
motor vehicle collisions (MVC) and hazardous materials incidents will only apply to
persons not residing within the City of Ashland as the residents within the city
boundaries currently subsidize emergency service costs through their property taxes.
However, responses involving intoxicated drivers, hazardous materials clean-up, and
negligent acts may be subject to all applicable fees regardless of residency.
2. Utilities. In the event that damage to utilities is causing a safety hazard on a
public right of way that causes emergency responders to deem the area unsafe and
remain on scene until the hazard is eliminated, user fees shall be assessed to the
responsible party, including the utility if equipment related problems are causing
emergency services to respond.
D. Billing Procedures. Ashland Fire and Rescue shall serve the owner and the person
responsible with a notice stating the total cost of all fees shall be paid within thirty (30)
days, and stating that the bill can be disputed by filing an appeal pursuant to 2.30.020
[Administrative Appeals Process].
E. Appeal Procedures. The person responsible may appeal AFR's determination of the
user fees pursuant to AMC 2.30.020 [Administrative Appeals Process]. In the event ofa
timely objection or appeal, the costs, if any, shall be due upon conclusion of the objection or
appeal process.
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.
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The foregoing ordinance was first read by ti1le only in E with Article X,
Section 2(C) of the City Charter on the ~ day of ,2010
A::.. ~dADOPTED lli;, ~ day of ,2010,
Itt ~~:J
Barbara M. Christensen, City Recorder
'SIGNED and APPROVED this?;tJ day of ~, 20 I O.
R viewed as to form:
Ordinance No.
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