Commerce Municipal Code Ch. 3.20 Fire Protection Service Fees

This chapter shall be known as the "Fire Protection Service Fee."

(Ord. 253 § 1, 1978).

The city council declares that a fire protection service fee shall be established and assessed upon all owners of real property within the city for the purpose of producing revenue to maintain sufficient fire service levels.

(Ord. 253 § 2, 1978).

As used in this chapter, unless the context clearly indicates otherwise, the words and phrases used are defined as follows:

(1) "Fire protection units" are a measurement of the degree of fire and life hazard in existence and the demand made for fire protection services in the event of fire, major conflagration, earthquake, flood or any other catastrophe.

(2) "Owners of real property" means all persons, firms, corporations, associations or other entities holding title to real property within the city as shown on the last equalized assessment roll of the Los Angeles County Tax Assessor.

(Ord. 253 §3, 1978).

There is imposed upon all owners of real property located within the city an annual fire protection service fee.

(Ord. 253 §4, 1978).

The fire chief, no later than June 1st of each year, shall prepare and file with the city clerk a schedule for the fire protection service fees sufficient to fund the fire protection budget. Said schedule shall be adopted by a separate city council resolution. The city council, prior to the adoption of the fire protection service fees, shall conduct one or more public hearings on questions relative to the establishment of such fees.

The schedule for fire protection service fees prepared by the fire chief shall be different for different classes of property or conditions of service, but such fees shall be uniform throughout the city for like property. These fees shall be based upon the fire protection units (FPU) required by the structure(s) or other property within the city. The charge shall be determined by application of the following formula:

Fire Protection Units = RFF = (D) RFF

Where RFF = Required Fire Flow

(D) = Demand Factor

RFF as determined by application of ISO formula

Cost/Unit = Fire Protection Budget Total FPU Entire City

The first 1000 FPU shall be exempt from the fees provided in this chapter.

The following factors shall be considered in determining (D) - The demand factor:

(1) Structure occupancy classification;

(2) Degree of extraordinary internal or external hazards in existence;

(3) Life or fire hazard potential.

(Ord. 267 §1, 1979; Ord. 253 §5, 1978).

The city council may establish by resolution, special or separate fees, in addition to any fire protection fees, that may be necessary for the furnishing of emergency medical service.

(Ord. 253 §6, 1978).

The city council may establish, by resolution, special fees to defray the cost relative to certain fire prevention activities, including, but not limited to, issuance of permits, operation of oil wells, plan checking, tract and parcel map review; environmental impact report review, inspections, business license review, and weed, rubbish, and brush abatement.

(Ord. 253 §7, 1978).

The city may, at its discretion, pay any portion of the fire protection service fees from the general funds of the city.

(Ord. 253 §8, 1978).

The fire chief, no later than June 30th of each year, shall prepare and file with the city clerk a statement of fire protection service fees due and payable for the next fiscal year. Said statement shall list all properties subject to the fees and shall identify, as to each property, the lot and block of the property, the name of the tract or subdivision in which it lies, the address of the property to be charged, and the amount of the fees.

(Ord. 267 §2, 1979: Ord. 253 §9, 1978).

Within five days after the filing of the statement referred to in Section 3.20.090, the city clerk shall cause to be conspicuously posted in at least three places within the city, a notice substantially in the following form:

"NOTICE RE: EQUALIZATION OF FIRE SERVICE FEES

NOTICE IS HEREBY GIVEN that a Fire Service Appeals Board consisting of the Fire Chief, Building Official, and the City Administrator, or their respective designees, will hear protests or objections to fire service fees, for the purpose of correcting, modifying or confirming the same on the _______ day of _______, 19___ in the Council Chambers in the City Hall of said city beginning at the hour of _____ o'clock p.m. of the said day. Said hearing will be orally renoticed by the Chairman of said Board at the conclusion of said hearing to a later date for hearing before the City Council regarding any protests remaining unresolved. The failure to make objection or protest at said hearing or hearings shall be deemed to be a waiver of same. A statement test at said hearing or hearings shall be deemed to be a waiver of same. A statement showing all property affected and the respective fees charged against the same is now on file in the office of the City Clerk at the City Hall of said City, and is open to public inspection.

Dated this _______ day of _______, 19___.

City Clerk of the City of Commerce, California."

(Ord. 253 §10, 1978).

The city clerk shall prepare a notice of fire service fees due substantially in the following form:

"NOTICE RE EQUALIZATION

NOTICE IS HEREBY GIVEN that the Fire Service Appeals Board will hear protests or objections to fire service fees for the purpose of correcting, modifying or confirming the same the _______ day of _______, 19___ in the Council Chambers in the City Hall of said city beginning at the hour of _____ o'clock p.m. of said day. Said hearing will be orally renoticed by the Chairman of said Board at the conclusion of said hearing to a later date for hearing before the City Council regarding any protests remaining unresolved at the conclusion of the Fire Service Appeals Board Hearing.

The failure to make objection or protest at said hearing or hearings shall be deemed to be a waiver of same.

A statement showing all property affected and the respective fees charged against the same will be on file in the office of the City Clerk at the City Hall of said city after June 30, 1979, and open to public inspection.

The verified statement indicates that the property described has incurred a fee in the amount of $_____.

Dated this _______ day of _______, 19___.

City Clerk of the City of Commerce, California."

(Ord. 267 §3, 1979; Ord. 253 §11, 1978).

The city clerk shall, within five days after the filing of the statement referred to in Section 3.20.090 by the fire chief in the office of the city clerk, give notice of the amount of fire service fees incurred, in the form provided by Section 3.20.110 by depositing said notice in the United States mail at Commerce, California, postage prepaid, addressed to the owner, lessee, occupant, or person in possession of the premises described in said statement of expenses, at his last known address, and if no address is known or made known to the fire chief, then to the general delivery at Commerce, California; provided, however, that no notice, nor any publication of any notice, order, resolution or other matter provided for in this section shall be necessary to give validity to any of the proceeding provided for in this chapter.

(Ord. 253 §12, 1978).

As soon as scheduling permits, the city council, sitting as the board of equalization at said hearing, may modify or correct any fire service fees which in its opinion is excessive or otherwise incorrect. If no corrections or modifications are made, said fees shall be deemed confirmed and the board's decision thereon shall be conclusive, and the same shall thereupon become a lien against the property involved until paid. If any correction or modification in any fee is made, said corrected or modified amount shall be deemed confirmed and the council's decision thereupon shall be conclusive, and the same shall thereupon become a lien against the property involved.

(Ord. 253 §13, 1978).

The owner, or other persons interested in the premises, shall pay the fees thereon to the finance director within thirty days after the filing of said statement by the fire chief with the city clerk. The finance director shall cause all moneys collected under this chapter to be paid into the city treasury without delay.

(Ord. 267 §4, 1979: Ord. 253 §14, 1978).

A statement of all amounts remaining unpaid at the end of said period of thirty days, verified by the city clerk, and giving the description of the respective pieces or parcels of land upon which such charges exist, shall immediately thereupon be prepared by the city clerk, and shall be by him immediately forwarded to and filed with the tax collector, who shall thereupon cause an entry to be made on the tax roll opposite the description of the property therein described as "Fire Service fee $_______," filling in the amount of the expense shown in a statement of the city clerk in each particular case, plus a penalty of eight percent to cover the incidental expense of collection. The tax collector shall thereafter cause a corresponding entry to be made on the tax bill for the said property; and thereafter before any payment shall be received for any tax for the redemption of the said property, the said amount of fire service fee shall first be paid.

(Ord. 267 §5, 1979: Ord. 253 §15, 1978).

In all respects, other than as in this chapter recited, said fire service fees shall be collected and the collection thereof endorsed, in the same manner, under the same conditions, and pursuant to the same notices, as taxes upon real property in the city.

(Ord. 253 §16, 1978).

Such fees may be collected with the rates for any other utility service and any or all such fees may be set forth upon the same bill; provided further, that where such fee is to be collected with the fees for any other utility service furnished by the city or agency of such entity over which its legislative body does not exercise control, the consent of such utility shall be obtained prior to collecting fire protection fees with the fees for any other utility, or with a publicly or privately owned public utility, with the written consent and agreement of said city or agency or public utility owner, which agreement shall establish the terms and conditions upon which such collections shall be made. Such agreement, in the discretion of such department or agency or public utility owner making the collections, also may provide that said rates shall be itemized, billed upon the same bill, and collected as one item, together with and not separately from such other utility service charge.

(Ord. 253 §17, 1978).

Any fire service fees, penalties or costs thereon paid more than once or erroneously or illegally collected by reason of a clerical error, may, by order of the city council, be refunded by the finance director; provided, however, that no order of the city council to refund fees, penalties or costs, shall be made except upon a verified claim therefore, filed within six months after making of the payment sought to be refunded, or in the case of a double assessment of such fees, within two years such payment.

(Ord. 253 §18, 1978).

No assessment or act relating to the assessment or collection of fire service fees is illegal on account of informality, not because the same was not completed within the time required by law; nor shall any such fees ever be held illegal on account thereof.

(Ord. 253 §19, 1978).

In the event the fire service appeals board is noticed by the city clerk to hear protests regarding fire service fees, said board shall act in a solely advisory capacity to the city council recommending confirmation or modification of proposed fire service fees.

(Ord. 253 §20, 1978).