Chapter 6 — INSTALLATION OF FIRE HYDRANTS AND FIRE LANES

Many commercial properties in the City of Artesia are served by inadequate fire hydrants and fire lines (hereafter "fire protection facilities"). New development is prohibited on such properties unless the fire protection facilities are upgraded. Requiring the first property owner developing or expanding an existing building in an area served by inadequate fire protection facilities to bear the full cost of upgrading fire protection facilities imposes an unfair burden on the property owner. The benefits to be derived from such upgrading will be received by all existing and future development in the area. This chapter will provide for an equitable means of distributing the costs of the improvements among the various benefited properties. (Ord. 432, § 1)

No building permit shall be issued for construction of a new building If the fire department determines that the building is not served by adequate fire protection facilities unless the applicant for the permit shall pay the portion of the cost of providing adequate fire protection facilities agreed to by the City Manager and the applicant. (Ord. 432, § 1)

Upon receipt of the payment provided in Section 8-6.02, the City shall cause the fire protection facilities to be constructed and shall determine the additional properties to be benefited by said construction, if any. The City shall base the benefit for each property on the size of the property, the size of the improvements on the property, or on any other formula determined by the City Manager to be equitable.

(Ord. 432, § 1)

Upon the determination of the benefits as provided in Section 8-6.03, the City shall send a notice to each property owner informing the owner of the fee applicable to that property. The notice shall inform the owner that the owner may elect to pay the fee immediately or upon the issuance of permits as provided in Section 8-6.04. The notice shall also state that the fee shall increase, if unpaid, each year in an amount equal to the increase in the Consumer Price Index, All Consumers, Los Angeles-Long Beach-Anaheim Area, from the date of the notice given to the property owner pursuant to this section. The notice shall further provide that the property owner may request within 30 days of receipt of the notice a hearing before the City Manager to challenge the assessment formula or the need for improved fire flow facilities. The decision of the City Manager may be appealed to the City Council within 15 days following receipt by the property owner of the City Manager's decision. (Ord. 432, § 1)

No building, plumbing, electrical or mechanical permit for the alteration or construction of a building in a benefited area shall be issued until the applicant has paid the funds to the City computed pursuant to Sections 8-6.03 and 8-6.04. This requirement shall not apply if the fees related to said property have previously been paid or if the fee is greater than 50% of the value of the construction to be undertaken pursuant to the permit. In such case, the applicant shall pay a fee equal to 50% of the value of the work. The remaining fees shall not be waived and shall be collected at the time a subsequent permit is issued.

(Ord. 432, § 1)