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.
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(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.
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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:
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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~
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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