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Ord 61ORDINANCE NO. 61 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA REVISING THE METHOD OF DISTRIBUTING AND COLLECTING THE FIRE PROTECTION FEE WHEREAS, a fire protection fee was established by the Poway Municipal Water District prior to incorporation of the City of Poway; and WHEREAS, the City Council of the City of Poway has determined that to the extent practicable the fire protection fee should be distributed to all property of the City based on the properties relative need for standby fire suppression services; and WHEREAS, the City Council of the City of Poway has determined that the prior method of distributing and collecting fire protection fees did not take into consideration the use of the property, the relative size and type of construc- tion of the structures on the property, nor did it include undeveloped property or property with wells. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Poway as follows: Section 1. That the City Council of the City of Poway has determined that the most equitable method for distributing the cost of standby fire suppression services is on the basis of the relative fire flow required to provide fire protection to a given piece of property. Section 2. That the following schedule of points shall be assigned to properties in the City to compute the relative cost of fire suppression charges. RESIDENTIAL (includes apartments, mobile homes) 10 points each per dwelling unit COMMERCIAL, INDUSTRIAL, INSTITUTIONAL 20 points per 1,000 GPM required fire flow (minimum 500 GPM, maximum 12,000 GPM per building) IRRIGATED FARMLAND (each parcel) 4 points per acre - (maximum 10 acres) UNIMPROVED ACREAGE (vacant land) 2 points per acre - (maximum 10 acres) On residential lots of more than two (2) acres, the per acre unit charge shall be added to the residential charge in accordance with the irrigated or unimproved unit rating. ORDINANCE NO. 6 1 Page 2 Section 3. The Fire Department shall be responsibile for calculating the fire flow and maintaining a record of the calculation for all commercial, insti- tutional, irrigational and unimproved acreage subject to the fire protection fee. These records shall be made available to the property owner, leasee, or resident of the property upon request. If a dispute exists regarding the calcu- lation, the Fire Chief shall investigate and render a final written decision which shall be mailed to, or otherwise made available to the person requesting the investigation. If as a result of the Fire Chiefs investigation it is determined that the calculation was incorrect, the Fire Chief shall be authorized to request that the Director of Administrative Services adjust the current years fee for the property in question by billing the property owner for the difference, or re- funding any amount over billed. For the purpose of the fire protection fee, all single family residences, mobile home units, and apartment dwelling units shall be considered equal and shall not be subject to a separate calculation. Section 4. The total number of points in the City, using the schedule outlined in Section 2, shall be calculated and this amount divided into the sum to be collected annually to compute the value of each point. The value of each point shall then be established annually by Resolution of the City Council and used to calculate the fire protection fee for each piece of property in the City. Section 5. The Fire Department is authorized and instructed to prepare and annually file with the Director of Administrative Services a written report containing a description of each lot or parcel of property proposed to be sub- ject to the fire protection fee for each fiscal year. Using the method described in Section 4, the Administrative Services Department shall calculate the amount of the fire protection fee to be charged to each parcel or lot. The amount of the charge along with the description of each lot or parcel, shall then be filed with the City Clerk. The City Clerk shall set a time and place for a hearing to be held regarding the fire protection fees, and publish and notice said hearing in accordance with the Government Code. Following adoption of the charge, the Administrative Services Department shall provide for the collection of the fee on the tax roll, water bill or by other method. Section 6. Any time a lot or parcel changes status during the year which would change its point designation as defined in Section 2, the Department of Planning Services, with the assistance of the Fire Department, shall calculate the effect on the fire protection fee for that lot or parcel and the net change in the fee shall be collected at the time a final map is filed or a building permit is issued, whichever may apply. ORDINANCE NO. 61 Page 3 Introduced and first read at a regular meeting of the City Council of the City of Poway held the 25th day of May, 1982 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 1st day of June 1982 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS Emery, Kruse, Oravec, Tarzy, Shepardson COUNCILMEMBERS None COUNCILMEMBERS None Mary L. S~ardso~(, Mayor ~jorie 1~. Wahlsten, City Clerk