Chapter 3.12
CITY SERVICES FEE
Sections:
3.12.001 Title and purpose.
3.12.005 Definitions.
3.12.010 Administration and rulemaking.
3.12.015 Fee established.
3.12.020 Fee amount and annual adjustments.
3.12.025 Billing, due date, and delinquency.
3.12.030 Adjustments, back-billing, credits, and refunds.
3.12.035 Exemptions and discounts.
3.12.040 Falsification.
3.12.045 Civil Penalties.
3.12.050 Violations.
3.12.001 Title and purpose.
This chapter shall be known and may be cited as the “City Services Fee Code of the City of Albany.” The purpose of this chapter is to establish a fee to offset the cost of providing City services, and for the administration of such a fee. (Ord. 5960 § 1, 2021).
3.12.005 Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) “City” means the City of Albany, a municipal corporation of the State of Oregon.
(2) “City manager” means the person chosen by the Albany City Council to meet the requirements of Section 22 of the Albany Charter or such person as may be designated by the city manager to act in his/her name and capacity.
(3) “Director” means the person designated by the city manager to supervise the Finance Department and who is charged with certain duties and responsibilities by this chapter, or the duly appointed representative.
(4) “Developed property” means a lot or parcel, or portion thereof, of land within the corporate limits of the City of Albany that receives a direct or indirect benefit from City services. It is presumed that a developed property receives a direct or indirect benefit from City services if improvements exist on the premises or the premises are served by a City utility system. (Ord. 5960 § 1, 2021).
3.12.010 Administration and rulemaking.
The director shall administer and enforce the provisions of this chapter, and have the authority to render written and oral interpretations, conduct audits, and to adopt administrative rules and procedures governing the administration, enforcement, and collection of the City services fee. (Ord. 5960 § 1, 2021).
3.12.015 Fee established.
A City services fee is hereby created and imposed on the owner, tenant, agent or other authorized representative responsible for occupancy of a developed property in amounts set forth by city council resolution. The City services fee is based on the direct and indirect use of or benefit from the provision and use of general City services; it is not a property tax; and it is not subject to the limitation of Article XI, Section 11 of the Oregon Constitution. The obligation to pay a City services fee arises when a person receives the direct or indirect benefit of City services. It is presumed that the benefit of City services is received whenever there is a developed property. All monies received from the City services fee shall be deposited into the general fund. (Ord. 5960 § 1, 2021).
3.12.020 Fee amount and annual adjustments.
(1) The rate for the City services fee shall be established by city council resolution and shall be applied to utility customer accounts by classification.
(2) Customer account classification shall be determined by the director or the duly authorized representative. Any appeal of the director’s determination shall be made in writing to the director in accordance with council policy. Any request for review of the director’s appeal determination shall be made in writing to the city manager. The city manager’s determination shall be final.
(3) The rate of the City services fee shall be adjusted annually for inflation as determined by the city council.
(4) The rate, other charges, or any adjustments to the City services fee shall be set annually by resolution of the city council. (Ord. 5960 § 1, 2021).
3.12.025 Billing, due date, and delinquency.
(1) A City services fee shall be billed to and collected from the owner, tenant, agent, or other authorized representative responsible for occupancy of a developed property as defined within this chapter.
(2) A City services fee shall be included and separately identified in a utility billing statement for a developed property account and shall be due and payable on the same schedule as that set forth in the statement. Payments for a City services fee through the utility billing statement shall be applied in a priority consistent with that established by the director.
(3) Unless another person has agreed in writing to pay all or a portion of the City services fee, and a copy of that writing is filed with the director, the responsible party shall pay the City services fee and all other applicable charges, including any administrative fees.
(4) Delinquent accounts shall be subject to the provisions for delinquency as established by city council resolution. (Ord. 5960 § 1, 2021).
3.12.030 Adjustments, back-billing, credits, and refunds.
The City may make adjustments, back-bill, pay refunds, or waive fees and charges in accordance with city council policy. If no council policy exists, the City may make adjustments where it is deemed necessary on a case-by-case basis as determined by the director for the proper conduct of the administration of the City services fee. A full explanation of the reason for the adjustment or refund must be filed for the record and, subject to Oregon public records law, will be made available upon request. Refunds are to be made to the party that made the payment. (Ord. 5960 § 1, 2021).
3.12.035 Exemptions and discounts.
Single-family residential customers who have been approved through the City’s Low Income Assistance Program shall pay a discounted City services fee in accordance with the effective city council Low-Income Assistance Program resolution. (Ord. 5960 § 1, 2021).
3.12.040 Falsification.
No person shall knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter. (Ord. 5960 § 1, 2021).
3.12.045 Civil penalties.
Any person who is found to have violated an order of the director, or who willfully or negligently failed to comply with any provision of this chapter, and the orders, rules and regulations issued hereunder, shall forfeit and pay not more than $1,000 for each offense as determined by the hearings officer. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. (Ord. 5960 § 1, 2021).
3.12.050 Violations.
Violation of any provision of this chapter, in addition to any civil penalties, shall be an infraction. (Ord. 5960 § 1, 2021).