[HISTORY: Adopted by the Town Council of the Town of Greenville 11-22-2021 by Ord. No. 1609. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Town of Greenville Fire Service Fee Ordinance."
A. 
A fee for providing fire services and protection is hereby established and shall be charged to each owner of residential, multifamily, and nonresidential properties within the Town no matter the occupancy status. For purposes of this part, each unit in a multifamily dwelling which contains a cooking stove or shares a common kitchen facility shall be considered a multifamily unit and shall be charged the fire service fee.
B. 
The fire service fee shall be set from time to time by resolution of the Town Council.
C. 
The Town of Greenville incurs costs to maintain a full-time professional Fire Department. The Town of Greenville owns and operates a facility located at 111 East Avenue that includes a myriad of apparatus and equipment necessary to perform the duties of a Fire Department.
D. 
An appropriately funded and staffed Fire Department is fundamental to the public health, safety, welfare and the protection of the residents of the Town of Greenville, their property, resources and the environment.
E. 
In a urban environment such as the Town of Greenville, each property uses and/or is constantly protected by the Fire Department 24/7/365.
F. 
The Town of Greenville desires to establish a fair and equitable fee to assure that each lot, developed parcel, building, and recipient of services within the Town of Greenville will pay its proportionate share of the costs of operation, maintenance, repair, regulatory compliance, administration, replacement and improvement related to the Fire Department provided or paid for by the Town of Greenville.
G. 
The charges as determined herein are fair and equitable and are based upon the following:
(1) 
A minimum fee per residential unit is reasonable.
(2) 
The basis for the equivalent single-family detached residential unit is 1,421.23 square feet, which was based on a statistical sampling of properties in the Town of Greenville.
(3) 
The use of aerial photography and geographic information systems (GIS) analysis provides an accurate measurement.
(4) 
The standard charge for single-family detached dwellings (defined herein as residential) is based on the fact that there is not a great deal of variation in size and that on larger commercial, institutional properties and non-single-family detached properties (defined herein as nonresidential), the proportionate fees will be assessed per ERU.
A. 
Words and terms used in this chapter and not given specific definition shall be defined as set forth in applicable statutes of the Commonwealth of Pennsylvania or ordinances of the Town of Greenville, if any, and shall otherwise be given their ordinary and common meanings.
B. 
For purposes of this chapter, the following words and terms shall be defined as set forth below:
DEVELOPED PARCEL
A parcel altered from a natural state that has a surface equal to greater than 500 square feet.
EQUIVALENT RESIDENTIAL UNIT (ERU)
The value assessed for a typical detached residential property used in assessing the fees for each parcel of developed property, and which has been determined to be 1,421.23 square feet.
FEE
Sums assessed, imposed and to be collected from each developed lot, parcel, building or portion thereof which uses, benefits from or is serviced by the Fire Department, directly or indirectly, for the use of and the service rendered and improvement of such department.
LATE/NONPAYMENT
Payments not made within 30 days of the due date of the assessed fee.
LOT
A parcel of land that has in excess of 500 square feet in the Town.
MULTIFAMILY HOUSES
A building having three or more dwelling units and designed to be used or occupied as a residence by three or more families living independently of each other and each with its own exterior entrance door or own entrance door from an interior hallway.
NONRESIDENTIAL
Any developed parcel not fitting the definition of "residential" as defined herein. "Nonresidential" shall include, but not be limited to, attached single-family houses, multifamily houses, townhouses and condominiums, boardinghouses, hotels and motels, churches, industrial properties, commercial properties, manufactured home or mobile home parks sharing a common lot, commercial and office buildings, storage areas, parking lots and other impervious areas, parks, recreation properties, public and private schools and universities, hospitals and convalescent centers, office buildings, government properties, and mixed-use properties.
OPERATION AND MAINTENANCE
The associated costs of equipment and facilities, energy, manpower, materials, transportation and services required to employ staff, keep equipment, infrastructure, and facilities functioning satisfactorily and economically, and administer the Fire Department and shall include sums paid to defray costs of the Town of Greenville's improvements to the Fire Department and staff.
OWNER
Any person, firm, corporation, individual, partnership, trust, company, association, government agency, society or group owning real property in the Town of Greenville.
REPLACEMENT
The associated costs of obtaining and installing equipment, infrastructure, accessories, or apparatuses which are necessary during the service life of the department so as to maintain the performance for which said department was designed and shall include costs associated with improvements to the department.
RESIDENTIAL
A developed parcel containing one structure which contains one or more rooms with a bathroom and kitchen facilities designed for occupancy by one family and shall include single-family houses, single-family units, manufactured homes, and mobile homes located on individual lots or parcels of lands. Developed parcels may be classified as "residential" despite the presence of incidental structures associated with residential uses such as garages, carports or small storage buildings. "Residential" shall not include developed land containing structures used primarily for nonresidential purposes; manufactured homes and mobile homes located within manufactured home or mobile home parks; or other multiple-unit residential properties such as apartments, condominiums and townhouses.
UNDEVELOPED PARCEL
A parcel that does not meet the definition of "developed parcel."
USER
Any person, firm, corporation, individual, partnership, company, association, government agency, society or group using, benefiting from or being served by the Fire Department.
Primary authority is granted to the Town of Greenville, formerly known as the Borough of Greenville, now referred to the Town of Greenville by Home Rule Charter, in Section 1202(2) of the Borough Code, 53 P.S. § 46202(2), which provides the Town with the power to make and regulate charges of the Town's services to the public.
For the use of, benefit by and the services rendered by the Fire Department, including its operation, maintenance, repair, replacement, and improvement of said department and all other expenses, fees are hereby imposed upon every developed lot, parcel of land, building or portion thereof that is serviced by the Town of Greenville's Fire Department, either directly or indirectly, and upon the owner(s) of such developed lots, parcels of land or buildings. Such fees shall be payable to the Town of Greenville by and collected from the owners of such developed lots, parcels of land or buildings as hereinafter provided, and shall be determined as set forth below.
A. 
Single-family detached residential dwellings shall be charged for one ERU for each individual dwelling unit. The charge per ERU shall be set by resolution of the Town Council and may be amended from time to time. Beginning January 1,2022, and each January 1 thereafter, the charge per ERU will be adjusted annually by resolution as determined by Town Council.
B. 
The charge for all other developed nonresidential parcels within the Town of Greenville shall be based upon the number of square feet of measured building or structure, as determined through aerial photography and surface feature evaluation processes, expressed in whole or partial ERUs by rounding to the next highest whole number at or above 0.5; values less than 0.5 shall be rounded down. The charge for said properties shall be computed by multiplying the number of ERUs for a given parcel by the unit rate established by the Town of Greenville by resolution. In no event shall any such parcel be charged less than one ERU.
Fire service fees shall be assessed, imposed, liened and collected as to all owners, lots, parcels, buildings, units, and users.
Reference in this chapter to "use," "user," "unit" or portion of a lot, parcel or building with respect to the calculation and assessment of fees shall not be construed to modify or alter the fact that the fees imposed by the chapter are assessed to the owners of each developed lot, parcel, and building; and such owner shall be and remain liable for payment of the same, whether or not such owner occupies the property. Nothing in this chapter shall be construed to prohibit or limit an owner's ability to collect by lease or contract sums due by a tenant or other occupiers of the owner's property, but such lease or contract shall not bind the Town of Greenville or limit in any way the Town of Greenville's authority to impose, assess, lien, and collect fire service fees.
The fees fixed and established by this chapter shall be effective present and subsequent as to all lots, parcels, buildings or portions thereof in the Town of Greenville. The first billing pursuant to this chapter shall be on or about 30 days after adoption of this chapter. Thereafter, for all subsequent calendar years, fees imposed by this chapter shall be assessed and billed by the Town of Greenville (or its designee) effective as January 1 each calendar year.
A penalty of 5% of the fees will be assessed for late/nonpayment of fees and shall be compounded on a monthly basis.
In accordance with the Municipal Claims Act, 53 P.S. § 7101 et seq. (as amended), all rates, charges, penalties, interest, collection fees, lien filing, attorney fees, satisfaction fees, and other charges imposed for failure to pay promptly shall constitute a lien upon and against the subject property and its owner from the date of their imposition and assessment.
Any property owner who fails to comply with any provisions of this chapter, or who knowingly remits any false or fraudulent information, shall, by said conduct, violate the provisions of this chapter, and shall upon conviction be subject to a fine of not less than $200 and not more than $1,000; and, in default of payment of said fines and costs, shall be subject to a term of imprisonment of not to exceed 30 days. Each thirty-day period subsequent to a required filing date in which a property owner shall fail to comply with this chapter shall constitute a separate offense.
Any owner who believes the provisions of this chapter have been applied in error may appeal in the following manner and sequence:
A. 
An appeal of the rate and charge must be filed, in writing, with the Town Manager or his/her designee on or before March 31 of the calendar year the charge is mailed or delivered to the property owner (or within three months after the first-year billing during the initial year of the fee established by this chapter). Any appeal must state the reasons for the appeal.
B. 
Using information provided by the appellant, the Town Manager (or his/her designee) shall conduct a technical review of the conditions of the property and respond to the appeal, in writing, within 30 days. In response to an appeal, the Town Manager may adjust the fees applicable to the property in accordance with the provision of this chapter and related policies and procedures.
C. 
Any person aggrieved by the decision of the Town Manager, relevant to the provisions of this chapter, may appeal to the Greenville Town Code Board of Appeals in accordance with the procedures established for appeals by the Town. The Board of Appeals is empowered to sustain, withdraw, or modify the decision of the Town Manager. To file an appeal, the following procedure shall be followed:
(1) 
The appeal shall be mailed via first-class mail, unless otherwise agreed upon, within 30 calendar days upon issuance of the written decision of the Town Manager.
(2) 
A written request for appeal shall be filed with the Town Manager. The appeal request shall include any relevant materials for the appeal, including the written decision of the Town Manager and all applicable fees.
(3) 
The fees for appeals under this chapter may be revised from time to time by resolution of Town Council.
(4) 
The hearing shall be scheduled and conducted within 30 calendar days of the receipt of the appellant's request unless both parties agree, in writing, to an extension of time.
(5) 
The Board of Appeals hearing shall be advertised in accordance with the Borough Code and the Town shall notify the property owner or person-in-charge, in writing, by first-class mail at least 10 business days prior to the hearing date.
(6) 
If the property owner or designee is unable to attend the scheduled meeting of the Board of Appeals, a written request for continuance shall be submitted to the Town detailing why the hearing should not be held as scheduled and when the property owner or designee would be able to attend.
(7) 
The decision of the Board of Appeals shall be made, in conformance with the Town Code, within 15 business days after the close of evidence, and shall be forwarded by certified mail to the property owner or designee and the Town Manager.
D. 
Any party aggrieved by the decision of the Code Board of Appeals may appeal to the Mercer County Court of Common Pleas within 30 days of issuance of such written decision.
A. 
The Town of Greenville may by resolution adopt such policies and procedures as it deems appropriate to ensure collection of fees and charges assessed and imposed pursuant to this chapter. Without limitation, collection procedures may include filing of complaint at the District Magistrate's office; referral of delinquent accounts to a collection agency; filing of liens; municipal lien proceedings to collect filed liens; attorney fees; and any and all other measures or combination thereof which the Town may deem appropriate.
B. 
All costs of such collection procedures, including but not limited to fees for filing, perpetuation and satisfaction of liens, collection fees, attorney's fees, court costs, litigation expense, and charges for service of documents, shall upon being incurred by the Town of Greenville be imposed as a charge for nonpayment and added to the balance due on the owner's obligation.
C. 
No lien shall be satisfied, nor shall any collection proceeding be discontinued, until all amounts due on an account, including fees, penalties, interest, collection fees, attorney's fees, court costs and other charges are paid in full to the Town of Greenville in the discretion of the Town.
D. 
Council is authorized to adopt any policy or procedures that the Town Manager recommends and deems necessary or convenient to interpret or implement this chapter. This may include the creation of an advisory rate review and/or fire service advisory review committee.
The funds received from the collection of the fees authorized by this chapter shall be deposited into the Town of Greenville's Fire Service Fund, a fund and account dedicated exclusively to, and shall meet the need of the cost of, funding the operation, administration, maintenance, repair, capital purchases, and improvement of the Fire Department.
Nothing in this chapter or in the administration, operation or maintenance of the Fire Department shall be deemed to constitute a warranty, express or implied, nor shall it afford the basis for any action seeking the imposition of money damages against the Town of Greenville, its officers, employees, or agents. The Town of Greenville expressly reserves the right to assert all available immunities and defenses in any action seeking to impose monetary damages upon the Town of Greenville, its officers, employees and agents arising out of any alleged failure or breach of duty or relationship as may now exist or hereafter be created.
Nothing in this chapter hereby adopted shall be construed to affect any suit or proceeding pending in court, or any rights acquired or liability incurred or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 250-4 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
The provisions of this chapter are severable, and if any section, sentence, clause, part or provision hereof shall be held to be illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this chapter.
This chapter shall be incorporated in the Greenville Town Code of Ordinances, and all other ordinances or parts thereof inconsistent with the provisions of this chapter shall be and are hereby repealed.
This chapter shall become effective in accordance with law, upon approval of Greenville Town Council, Mercer County, Pennsylvania, on November 22, 2021.