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HomeMy Public PortalAboutOrd. 1039_. ORDINANCE NO. 1039 AN ORDINANCE OF THE CITY OF LYNWOOD, CALIFORNIA, ADDING ARTICLE IV, CONSISTING OF SECTIONS 12 THROUGH 31 TO CHAPTER 12 OF THE LYNWOOD CITY CODE RELATING TO FIRE SERVICE FEES. THE CITY COUNCIL .OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: SECTION L Article IV hereby is added to Chapter 12 of the Lynwood City Code to read as follows: ARTICLE IV. FIRE SERVICE FEE SECTION 12-24. Definitions. As used in this Article, unless the context clearly indicates otherwise, the words and phrases used are defined as follows. (a) Owners of Real Property shall mean all persons, firms, corporations, associations, or other entities holding title to real property within the City of Lyn- wood. (b) Required Fire Flow shall mean the relation- ship of physical characteristics of a building, its uses, and its immediate surroundings to the amount of water measured in gallons per minute (GPM) necessary to extinguish the most serious fire likely to occur within it. The required Fire Flow shall be determined by use of the formula derived and established by the Insurance Services Offices of the Municipal Survey Service which formula shall be as follows: REQUIRED FIRE FLOWS(GPM)= 18 x C x (AREA)' x (1 + PENALTY) x (1-CREDIT) WHERE C = CONSTRUCTION TYPE COEFFICIENT AREA PENALTY CREDIT = STRUCTURE FIRE FLOW AREA = AN ADJUSTMENT BASED UPON THE PROXIMITY OF OTHER STRUCTURES AND THE TYPE OF PROPERTY USAGE. = AN ADJUSTMENT BASED UPON THE TYPE OF OCCUPANCY AND PRESENCE OF FIRE PREVENTION DEVICES. SECTION 12-25. Imposition-Amount of Fee. There is hereby imposed upon all owners of real property located within the City of Lynwood an annual Fire Service Fee, the amount of which shall be measured by the fire flow demands required by the structure(s) located on the subject property and shall be established as follows: Required Fire Flow (Gallons Per Minute GPM) Less than 1,000 GPM 1,000 to 3,000 GPM more than 3,000 GPM Amount of Fee .00 .52 per GPM .58 per GPM ;. SECTION 12-26. Statement of Fire Service Fees. The Fire Chief no later than October 1, of each year, shall prepare and file with the City-Clerk a statement of Fire Service Fees due and payable for the January 1 calendar year. Said statement shall list all properties and owners subject to the fire service fee and shall; as to each property, identify the name of the owner or owners, 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, the required Fire Flow assigned to the property and the amount of the fee. SECTION 12-27. Notices of Fire Service Fee Due and of Equalization. (a) The City Clerk shall prepare a notice of fire service fee due substantially in the following form: "NOTICE RE EQUALIZATION NOTICE IS HEREBY GIVEN that the Fire Service Fee 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 City 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 Fee 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 is now on file in the office of the City Clerk at the City Hall of said City, and is 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 Lynwood, California " (b) The City Clerk shall, within five days after the filing of the Statement referred to in Section 12-26 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 subsection (a) hereof by depositing said notice in the United States Mail at Lynwood, California, postage prepaid, addressed to the owner, agent of 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 City Clerk, then to the general delivery at Lynwood, 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 proceedings provided for in this Article. -2- (c) Within five days after referred to in Section 12-26, the City conspicuously posted in at least three notice substantially in the following the filing of the statement Clerk shall cause to be places within the City, a form: NOTICE RE EQUALIZATION OF FIRE SERVICE FEES NOTICE IS HEREBY GIVEN that the Fire Service Fee.. Appeals Board 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 City 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 Chair- man 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 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 o£ the City of Lynwood, California." SECTION 12-28. Appeals. (a) A Fire Service Fee Appeals Board, consisting of the City Manager (or his designee), the Secretary of the Planning Com- mission, and the Fire Chief (or his designee) hereby is established. Said Board shall meet at the time and place designated in the notices described in Section 12-27 and shall hear and consider pro- tests and objections to fire service fees for the purpose of correcting modifying or confirming the same. Said Board is authorized to modify or correct any fire .service fee which it determines to be excessive or otherwise incorrect. Except as so corrected or modified, said fees shall be confirmed as established by the Fire Chief. (b) Any person who, having filed a protest or objection before the Fire Service Fee Appeals Board, and who objects to the decision of the Board with respect thereto may appeal the same to the City Council. As soon as scheduling permits, the City Council, may modify or correct any fire service fee 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. SECTION 12-29. Payment of Fees. The owner or other persons interested in the premises, shall pay the fire service fees to the City Treasurer within sixty (60) days of receiving said statement from the Lynwood City Clerk. -3- f SECTION 12-30. Statement of Amounts Un aid-Penalt A statement of all amounts remaining unpaid at the end of said period of sixty 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 pre- pared by the City Clerk, and shall be 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 shown in the statement of the City Clerk in each particular case, plus a penalty of eight (8~) 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 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. SECTION 12-31. Informality. No assessment or act relating to the assessment or collection of fire service fees is illegal on account of informality, nor because the same was not completed within the time required by law; nor shall any such fees ever be held illegal on account thereof. SECTION 2. If any section, subsection, subdivision, sentence clause, phrase, or portion of this ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of com- petent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or its application to other persons or places. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection; subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions, or the application thereof to any person or place, be declared invalid or unconstitutional. SECTION 3. The City Council of the City of Lynwood declares this ordinance to be an emergency in that the projected revenue loss to the City by virtue of recently adopted Aricle XIIIA of the California Constitution will, if not at least partially restored, cause a serious threat to the ability of the City to deliver public safety services provided by the Police and Fire Departments. This inability to deliver these essential services will endanger the public peace, health and safety. This ordinance being an emergency ordinance shall take effect and be in full force immediately upon the final passage and adoption thereof. First read at an adjourned regular Council of said City held on the 20 day finally adopted and ordered published at meetint of said Council held on the '29 following vote: -4- meeting of the City of June, 1978, and an adjourned regular of June, 1978, by the r AYES: COUNCILMEN RYOBK, MORRIS, ROP1E, NIGGINS. NOES: COUNCILMEN NONE. ABSENT: COUNCILMEN GREEN. GEORGE -W. HI,CsGINS/~ Mayor of the City of Lynwood ATTEST: C.~'Q~/l-~,2c/ ~z-~s1C,/1-e/ City Clerk ~~d~,y~ -5- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ~ ss.: I, the undersigned, City Clerk of the City of Lynwood, and ex~officio clerk of the Council of said City, do hereby certify that the above is a true and correct copy of Ordinance No. 1039 adopted by the City Council of the City of Lynwood, and that same was passed on the date and by the vote therein stated. Dated this 6-~_ day of July ---~_, 1978. i'~Z i~ ~ i ~"~~~r ~~~J City Clerk, City of Lynwood