Chapter 3.44 — EMERGENCY MEDICAL SERVICES SUBSCRIPTION PROGRAM

The Emergency Medical Services Subscription Program, Emergency Medical Services Subscription Program fee and emergency medical services fee have been established by the City of Canyon Lake for those reasons enumerated in this Chapter.

(Ord. 187, passed 11-6-2019; Am. Ord. 208, passed 7-7-2021; Am. Ord. 209, passed 9-1-2021)

(a) The City of Canyon Lake hereby establishes an Emergency Medical Services Subscription Program (“EMS Subscription Program”) consistent with the provisions of this Chapter.

(b) The EMS Subscription Program shall be open to all persons, including but not limited to, residents, businesses, employees, property owners or visitors to the City of Canyon Lake (collectively, “Eligible Participants”). Any eligible participant who voluntarily subscribes to the EMS Subscription Program in a manner consistent with this Chapter shall be known as an “EMS Subscription Program Subscriber.”

(c) A subscription to the EMS Subscription Program will cover the EMS Subscription Program Subscriber and the following persons (collectively “Covered Persons”) regardless of the location where the emergency medical services are rendered within the City:

(1) The EMS Subscription Program will cover all members, guests, and invitees of the EMS Subscription Program Subscriber’s household.

(2) The EMS Subscription Program will cover the business owner, employees, customers, guests, and invitees of the EMS Subscription Program Subscriber.

(d) Each EMS Subscription Program Subscriber shall pay an annual EMS Program subscription fee (“EMS Subscription fee”) as established by resolution of the City Council, which amount may be adjusted periodically by the City Council in the same manner. Any EMS Subscription fee owing by an EMS Subscription Program Subscriber which remains unpaid may be collected by the City as provided in Section 3.44.050.

(Ord. 187, passed 11-6-2019; Am. Ord. 208, passed 7-7-2021; Am. Ord. 209, passed 9-1-2021)

(a) [Intentionally removed]. 1

(b) Participation in the EMS Program is voluntary. No processing fee or charge will be assessed for declining to participate in the EMS Subscription Program. 2

(c) Enrollment in the EMS Subscription program shall be as follows:

(1) Any subscription to the EMS Subscription Program shall be for an annual term unless another term is expressly authorized by the City Council as part of the resolution described in Section 3.44.020(d) above and shall continue for successive terms until terminated in conformity with Section 3.44.030(c)(3) below.

(2) An eligible participant may subscribe to the EMS Subscription Program at any time by paying the EMS Subscription Program Fee. If subscribing for the current term, the EMS Subscription Program Fee shall not be prorated unless expressly authorized by the City Council as part of the resolution described in Section 3.44.020(d) above. The effective enrollment date shall be the date payment is made, and enrollment shall run through the end of the current term. Coverage under the EMS Subscription Program will not predate the effective enrollment date.

(3) Any EMS Subscription Program Subscriber may terminate their subscription at any time by providing written notice to the City Clerk. Such notice shall terminate the subscription in perpetuity unless such person re-subscribes in the manner provided for by Section 3.44.030(c)(2) above.

(4) Notwithstanding the former provisions of Section 3.44.030(b) established by Ordinance No. 187 3 , any person who has declined, or attempted to decline, to participate in the EMS Subscription Program on or before July 7, 2021 shall be deemed to have terminated their subscription in perpetuity. Any such person may re-subscribe in the manner provided by Section 3.44.030(c)(2) above. The City Clerk shall provide all such persons with written notice of their subscription termination and the method by which such person may re- subscribe. Any EMS Subscription Program Subscriber enrolled as of June 2, 2021, shall be deemed subscribed to the EMS Subscription Program except as provided for in this Section 3.44.030(c)(4). The City Clerk shall provide all such persons with written notice of their subscription status and the method by which such person may terminate their subscription. The notices required by this section shall provide such persons at least 90 days from the mailing of such notice to either resubscribe or terminate their subscriptions, as appropriate.

(d) The EMS Program fee shall be civil debt owing the City from the EMS Subscription Program Subscriber. (Ord. 187, passed 11-6-2019; Am. Ord. 208, passed 7-7-2021; Am. Ord. 209, passed 9-1-2021)

Notes

(a) The City shall charge an emergency medical services response fee (“EMS response fee”) to any person receiving emergency medical services who is not an EMS Subscription Program Subscriber or a covered person. The EMS response fee shall also be charged to any person who refuses emergency medical services when a call was made at their request or by any person within their household or business. The EMS response fee shall not be charged to any person refusing treatment where the call for emergency medical services was not made at their request or was made by a person who is not within their household or business.

(b) The EMS fee shall be established by resolution of the City Council and may be adjusted periodically by the City Council in the same manner.

(c) The EMS response fee shall be a civil debt owing the City. A penalty may be charged for late payment should any person fail, refuse or neglect to pay a collection bill within 30 days after the bill is sent. Any delinquent EMS response fee owing by an eligible participant which remains unpaid as of April 1 of any year may be collected by the City as provided in Section 3.44.050 along with administrative charges and penalties.

(Ord. 187, passed 11-6-2019; Am. Ord. 208, passed 7-7-2021; Am. Ord. 209, passed 9-1-2021)

(a) Annually, on or before June 1 of each year, the City shall cause a written report to be prepared and filed with the City Clerk describing EMS Subscription Program fees and EMS response fees to be placed on the tax rolls for real property. The report shall describe the real property for each eligible participant that has been subscribed to the EMS Subscription Program pursuant to Section 3.44.030 above and the EMS Subscription Program fee for the upcoming fiscal year. The report shall also describe the real property for eachperson not covered by the EMS Subscription Program and for which delinquent EMS response fees existed after April 1. The report will contain both prospective EMS Subscription Program fees and delinquent EMS response fees and charges which may be placed on the tax rolls for residential and nonresidential property.

(b) The City Council shall fix a time, date and place for a hearing on the report and any objections or protests thereto.

(c) The City Manager shall cause written notice of such hearing to be mailed to all persons subject to the fees described in Section 3.44.050(a) above not less than 90 days prior to the date of the hearing. The notice shall indicate on the outside that such notice originates from the City of Canyon Lake.

(d) At the hearing, the City Council shall hear any objections or protests from those appearing on the report to be assessed for EMS Subscription Program fees or delinquent EMS response fees and may make such revisions or corrections to the report as it deems just, after which, by resolution, the report may be confirmed. The City Clerk shall file the report with the County of Riverside before August 10 of each year.

(e) The fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land of the eligible participants and are a lien on the property for such fees plus any administrative costs or late charges. A certified copy of the confirmed report shall be filed with the County of Riverside for amounts of the respective parcels of land as they appear on the current assessment roll.

(f) The lien created attaches upon recordation, in the office of the County recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and subject to the same procedures, including sale in case of delinquency, as provided for such taxes. All laws applicable to the levy, collection and enforcement of ad valorem property taxes shall be applicable to such assessments, except that, if any real property to which such fees or charges relate has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed shall not attach to such real property and the fees or charges and interest shall be transferred to the unsecured roll for collection. (g) As used in this Chapter, “Debt Owing to the City” shall mean the amount of any unpaid fee imposed on a person pursuant to the provisions of this Chapter. The term includes all amounts encompassed in the foregoing notwithstanding the separate or additional classification of such amount that may be set forth in the applicable provision of the Chapter. The term includes all interest, accruals, administrative fees, fees including attorney’s fees, penalties, and/or costs of collection associated with the original amount. Notwithstanding the collection methods described above, any debt owing to the City is subject to recovery using any procedure for debt collection permitted by law. The procedures set forth in this Chapter are in addition to and not in derogation of any other provision for collection of a debt owing to the City. The City Manager may contract for the services of a collection agency to recover amounts due as a debt owing to the City. If the election is made to use a collection agency, such use shall be consistent with the provisions set forth herein. Employment of a collection agency shall not include the services of a licensed attorney and shall not include participation in any court proceeding by the collection agency on behalf of the City except with the prior written approval of the City Attorney. Prior to transfer of the account to a collection agency,

the City Manager or their designee shall notify the debtor in writing, at the address of record, that the alleged debt owing to the City will be turned over for private collection unless the account is paid or appealed within a designated time period. Assignment or other legal transfer of the rights in an account to the collection agency may be made by the City Manager with the approval of the City Attorney. No debt owing to the City shall be transferred to a collection agency if the account has been contested.

(Ord. 187, passed 11-6-2019; Am. Ord. 208, passed 7-7-2021; Am. Ord. 209, passed 9-1-2021)

(a) Any person charged the EMS Subscription Fee or the EMS response fee may appeal such charge as prescribed in this Section 3.44.060.

(b) Within 30 days after the notice of the EMS Subscription Fee or the EMS response fee, any person may appeal such fee by filing a written appeal with the City Clerk setting forth the reasons and providing any relevant documentation or other evidence showing why the person is not responsible for payment of the fee, together with an advance deposit of the fee (if such fee has not already been charged) or a notice that a request for an advance deposit hardship waiver. Any fee which has been deposited shall be refunded if it is determined that the person is not responsible for the payment of the fee. There shall be no other charge for the filing of an appeal.

(1) Any person who requests an appeal to contest the charging of an EMS Subscription Fee or EMS response fee who is financially unable to make the advance deposit of the fee as required may file a request for an advance deposit hardship waiver at the same time as filing the appeal. The failure of any person to timely file a written request for an advance deposit hardship waiver with the [word missing] shall be deemed a failure to exhaust the person's administrative remedies with regard to the advance deposit hardship waiver.

(2) The request for an advance deposit hardship waiver shall be in writing and describe with particularity the person's actual financial inability demonstrating why all or a part of the fee cannot be paid. Further, the written request for an advance deposit hardship waiver must be accompanied by a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the City Manager, or his or her designee, the person's actual financial inability that necessitates an advance deposit hardship waiver. The City Manager, or his or her designee, is entitled to request additional documentation and information from the person in order to fully assess the waiver request. The failure of any person to timely submit all requested additional documentation and information to the City Manager, or his or her designee, as requested shall be deemed a failure to exhaust the person's administrative remedies with regard to the advance deposit hardship waiver.

(3) Once a complete written request for an advance deposit hardship waiver is filed with the City Clerk, or his or her designee, the requirement of depositing the full amount of the fine shall be stayed until the City Manager, or his or her designee, determines whether to grant, grant in part, or deny the request. The written determination of the City Manager, or his or her designee, shall be final. If the City Manager, or his or her designee, grants the advance deposit hardship waiver, the person shall not be required to deposit the fine in advance of the appeal. If the City Manager, or his or her designee, grants the advance deposit hardship waiver in part, or denies the advance deposit hardship waiver, then the person shall remit the amount specified in the decision on the advance deposit hardship waiver within ten calendar days.

(c) The City Manager, or their designee, shall not consider the appeal of the charge of an EMS Subscription Fee or EMS response fee unless and until a request for appeal has been filed in conformity with Section 3.44.060(b) has been submitted, and, if applicable, the fee has been deposited or an advance deposit hardship waiver has been filed. After considering the written appeal setting forth the reasons and any relevant documentation or other evidence showing why the person is not responsible for payment of the fee, the City Manager, or their designee, shall issue a written decision within 60 days and shall include the reasons for that decision. The decision of the City Manager, or their

designee, shall be final. If the City Manager, or their designee, determines that the charge of the fee should be upheld, then the fee amount on deposit with the City shall be retained by the City. If the City Manager, or their designee, determines that the fee was improperly charged, then the City shall promptly refund the amount of the deposited fee. (d) In exceptional or unusual circumstances, the City Manager or their designee may elect not to charge an otherwise applicable EMS Response Fee. "Exceptional or unusual circumstances" include, but are not limited to, the following: (i) cases in which the patient dies before EMS personnel arrive; or (ii) cases in which the patient dies while EMS personnel are providing emergency medical services. The City Manager or their designee may also waive the EMS Response Fee for any patient who demonstrates that the combined gross income of all members of the patient's residence is less than the amount established for Riverside County by the United States Department of Housing and Urban Development for low income or very low-income families for the applicable household size. The income exemption limit provided herein shall be revised annually by the City to conform to the most current low income and very low-income limits for Riverside County for applicable household sizes, as determined by the United States Department of Housing and Urban Development (HUD) with regard to the Public Housing and Section 8 Program. The City Manager or their designee may not waive an otherwise applicable EMS Response Fee by virtue of a patient's relationship or friendship with any City official or employee, or by virtue of a patient's employment by the City if the service received occurs while the City employee is off duty/not working. The City Manager or their designee shall create a written record for each instance in which an EMS response fee is waived, documenting the circumstances involved and the reason for the EMS response fee waiver. Each such record shall be maintained by the City for a period of at least five years.

(Ord. 209, passed 9-1-2021)