Berkeley Municipal Code Ch. 7.80 Fire Prevention and Preparedness Assessment

The council finds as follows:

A. The Berkeley/Oakland Hills Fire of October 1991 brought into stark focus the need to take preventative steps both to reduce the likelihood of another such conflagration, and to reduce its severity and the severity of its consequences in the event that, despite increased efforts, another large fire should occur.

B. Although a disaster such as the October 1991 Fire has far reaching consequences, the damage to the lives and property of the residents and property owners of the fire area is of an altogether different order of magnitude than that suffered by the City at large. Therefore, it is the residents of the hill areas of the City (or other areas of the City with a cognizable, special fire danger) that will specifically benefit from the preventative and preparedness procedures proposed; and it is those areas that should properly and equitably bear the costs of the extra services involved.

C. The implementation of a locally funded mechanism to implement a program of fire prevention and preparedness in areas of the City specially in need of such services is peculiarly a matter of local interest and concern and is a proper subject for an ordinance adopted under the City’s charter powers. (Ord. 6129-NS § 1, 1992)

The City Council may, after compliance with Article XIIID of the California Constitution and implementing legislation (collectively "Article XIIID") levy an annual assessment for fire prevention and preparedness services pursuant to this chapter. The assessment may be made for the purpose of providing inspection services to monitor and identify hazardous conditions; of providing mitigation services and programs to mitigate hazardous conditions; of providing fire suppression education services and programs to citizens; of providing planning, personnel and material assistance to the Citizen Emergency Response Training (CERT) Program and any access and evacuation programs; of providing signage, tow-away zones, and other services and facilities to reduce evacuation "bottlenecks," including neighborhood parking lots; of providing services to clear the rights-of-way of public paths (including stairs) and trails, improving and extending such paths in critical fire areas, and providing adequate signage; of obtaining furnishing, operating, and maintaining fire suppression equipment or apparatus or for the purpose of paying the salaries and benefits of firefighting or civilian personnel, or both, involved in providing these services, whether or not fire suppression or inspection services are actually used by or upon a parcel, improvement, or property. (Ord. 6442-NS § 1, 1998; Ord. 6129-NS § 2, 1992)

A. The City Council may establish zones or areas of benefit within the City and may restrict the imposition of assessment to areas lying within one or more of the zones or areas of benefit so established.

B. The benefit assessment shall be levied on a parcel, class of improvement to property, or use of property basis, any combination thereof, or any other basis consistent with Article XIIID, within the boundaries of the zone, or area of benefit.

C. The assessment may be levied against any parcel, improvement, or use of property to which such services may be available whether or not the service is actually used. (Ord. 6442-NS § 5, 1998; Ord. 6129-NS § 6, 1992)

Each year, prior to levying the annual assessment authorized under this chapter, the City Council shall cause to be prepared and filed with the City Clerk an annual written statement setting forth as nearly as possible the use to which the funds, resulting from the assessment levied the previous year, have been and are being put. The statement shall also set forth the expected uses of the assessment proposed to be levied for the next fiscal year and shall set forth the proposed amount of the assessment on each parcel subject to the method of assessment and limitation on assessment of the final report. The City Council may accept the annual written statement or may set a public hearing thereon. If a hearing is set by the Council, the City Clerk shall cause notice of the filing of the annual written statement and of the time, date, and place of hearing thereon to be published pursuant to Section 6066 of the California Government Code and to be posted in at least one public place within the City. Following the hearing, the City Council may confirm or reduce (but may not increase) the assessment proposed in the annual written statement, any reduction to be subject to the method of assessment from the final report, and as so determined may levy the assessment by resolution. (Ord. 6442-NS § 13, 1998; Ord. 6129-NS § 14, 1992)

The City Council may provide for the collection of the assessment in the same manner, and subject to the same penalties as, other fees, charges, and taxes fixed and collected by, or on behalf of the City. If the assessment is collected by the county, the county may deduct its reasonable costs incurred for that service before remittal of the balance to the City. In the event the City Council does provide for collection of the assessment by the county hereunder, the City Clerk shall annually, following the levy of the assessment by the City Council, and on a timely basis to permit its inclusion on the county tax roll, convey to the county auditor an auditor’s record showing, for each parcel subject to assessment, the amount of the assessment for the current fiscal year. The City Clerk shall take whatever steps are reasonably necessary to enable the county auditor to accurately place the annual assessments on the tax rolls each year. The Clerk’s costs in doing so may be paid out of the proceeds of the assessment. (Ord. 6129-NS § 15, 1992)

Consistent with Article XIIID, the City Council may conduct proceedings to change or amend any assessment established under this chapter. Such proceedings may alter the method and amount of the assessment, may increase or decrease the authorized services, and may change the boundary of a zone or area of benefit, or may add or subtract zones or areas of benefit. The procedure to be used in conducting change proceedings is the same as that required for the initial authorization of the assessment as set forth in this chapter. Proceedings to add or annex territory to that already subject to assessment shall be conducted only with respect to the area to be added or annexed. Proceedings to increase the assessment (in fact or merely in relation to other areas subject to assessment) on a portion of the area subject to assessment shall be conducted only in the area subject to the proposed increase. (Ord. 6442-NS § 14, 1998; Ord. 6129-NS § 16, 1992)

Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure applies to any judicial action or proceedings to validate, attack, review, set aside, void or annul any action under this chapter establishing an assessment district or area or zone of benefit, or levying any assessment. Annual assessments in conformity with this chapter are not subject to legal challenge. Any ground of challenge not raised by a complainant in a written or oral protest submitted with respect to a public hearing held in connection with the adoption or modification of an assessment is considered to have been waived by that complainant, and may not be raised by that complainant in any legal challenge to assessments levied in conformity with this chapter. (Ord. 6442-NS § 15, 1998; Ord. 6129-NS § 17, 1992)

This chapter does not limit or prohibit the levy or collection of any other fee, charge, assessment, or tax for fire suppression services authorized by any other provisions of law. (Ord. 6129-NS § 18, 1992)

This chapter shall be liberally construed in order to effectuate its purposes. No error, irregularity, informality, and no neglect or omission of any officer, in any procedure taken under this division, shall avoid or invalidate such proceeding or any assessment. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the City Council. (Ord. 6129-NS § 19, 1992)

No step in any proceeding shall be invalidated or affected by any error or mistake or departure from the provisions governing the giving of notice under this chapter. The failure of the City Clerk to mail any notice or the failure of any person to receive the notice shall not affect in any way whatsoever the validity of any proceedings taken under this division, nor prevent the City Council from proceeding with any hearing so noticed. No notice, nor any publication of any notice, order, resolution, or other matter, other than as expressly provided in this chapter, shall be necessary to give validity to any of the proceedings provided in this chapter. (Ord. 6129-NS § 20, 1992)

Proceedings undertaken according to the terms of this chapter, but taken prior to its effective date, shall nonetheless be valid, provided only that no public hearing may be held, nor may any final report be adopted, until after the effective date of this chapter. (Ord. 6129-NS § 21, 1992)