GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H                                                                                                                                                    1

HOUSE BILL 565

 

 

Short Title:        Union Fire Fees.

(Local)

Sponsors:

Representative Gibson.

Referred to:

Local Government II, if favorable, Finance.

March 16, 2009

A BILL TO BE ENTITLED

AN ACT to allow union county to adjust its fire protection fees.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 153A-236(c), as it applies to Union County pursuant to Chapter 883 of the 1991 Session Laws, as amended by Chapter 61 of the 1995 Session Laws and S.L. 1999-39, reads as rewritten:

 "(c)      Fees. - The fees imposed by the county may not exceed the cost of providing fire protection services within the district and may be imposed on owners of all real property that benefits from the availability of fire protection and on owners of all manufactured or mobile homes that benefit from the availability of fire protection; provided, however, that the fees shall not be imposed on the North Carolina Department of Transportation for real property owned by the Department and used solely for highway purposes. For the purpose of this section, the term 'fire protection' includes furnishing emergency medical, rescue, and ambulance services to protect persons in the district from injury or death. The county shall establish a schedule of fees for different classes of property and the fee for each class of property shall be proportional to the estimated cost of providing fire protection services to that class of property. The schedule of fees shall include the following classes of property and the fee on each class of property shall not not, without the approval by ordinance of the county board of commissioners after a public hearing as provided in this subsection, exceed the following maximums:

(1)        A single-family dwelling or manufactured or mobile home, and appurtenant structures, plus up to five acres of surrounding land. The fee on this class of property may not exceed fifty dollars ($50.00) per site per year.

(2)        Unimproved land other than the five acres of land classified as part of a single-family dwelling or manufactured or mobile home. The fee on this class of property may not exceed two cents (2¢) per acre per year. The county may establish a minimum fee for unimproved land of not more than five dollars ($5.00) per year.

(3)        An animal production or horticultural operation. The fee on this class of property may not exceed ten dollars ($10.00) per site per year.

(4)        A commercial facility other than an animal production or horticultural operation. The fee on this class of property may not exceed fifty dollars ($50.00) per site per year for commercial facilities with structures encompassing less than 5,000 square feet and one hundred dollars ($100.00) per site per year for commercial facilities with structures encompassing 5,000 square feet or more.

(5)        A multiple-family dwelling. The fee on a duplex may not exceed fifty dollars ($50.00) per building per year. The fee on a triplex may not exceed seventy-five dollars ($75.00) per building per year. The fee on any other multiple-family dwelling may not exceed one hundred dollars ($100.00) per building per year.

(6)        Any other class of property selected by the county. The fee on these classes of property may not exceed fifty dollars ($50.00) per year.

As provided by this section, the board of commissioners may increase a fee beyond the maximum provided above after a public hearing advertised as required by law at least 25 days before the hearing. A fee increase above the maximum may only become effective on a July 1 that is at least 90 days after the adoption of an ordinance setting the fee."

SECTION 2.  This act applies to Union County only.

SECTION 3.  This act is effective when it becomes law.