• ORDINANCE NO. 2017-06

WHEREAS, the County of Boyd, a political subdivision of the Commonwealth of Kentucky iauthorized pursuant to KRS 67.083 to provide and finance various governmental services;
WHEREAS, the establishment, maintenance and operation of the Boyd County Regional Public Safety Communications Center (RPSCC) and Emergency 911 service is an essential public safety service used by residents and real property owners of Boyd County as well as workers and travelers while situate in the county, and;
WHEREAS, the Boyd County Fiscal Court, in consultation with the RPSCC Board of Directors has determined that it is essential to the health, safety and welfare of the residents of Boyd County that Emergency 911 Services remain viable, and;
WHEREAS, The Boyd County Fiscal Court has determined that the current 911 land phone line service fee is inadequate to continue to provide reliable, quality emergency communications servic-es, and;
Boyd County Fiscal Court
has determined that KRS 65.760 provides for alternative methods of funding the operation of 911 emergency services;
WHEREAS, KRS 65.760(3) provides that funds required to establish and operate 911 emer-gency telephones services may be obtained through the levy of any fee not in conflict with the Constitution and statutes of this state, and;
WHEREAS, the Supreme Court of Kentucky in the case of Greater Cincinnati/Northern Kentucky Apartment Association Inc., et al vs. Campbell County Fiscal Court, et al has upheld the authority of a fiscal court pursuant to KRS 67.760(3) to levy a fee to support 911 services so long as such fee bears some reasonable relationship to the benefit provided and has declared that the scope of 911 service benefits are incapable of precise measure but that it is uncontroverted that all citizens benefit from 911 services.
For the purposes of this Ordinance beginning immediately and through September 30, 2018 there is hereby imposed upon every owner of every commercial, residential, agricultural or indus-trial parcel of real property to which an address is assigned by the PVA, cities of Ashland or Catlettsburg or the County of Boyd an annual fee in the sum of $15.00. The fee shall be used for the delivery of 911 emergency telephone services and the associated maintenance of systems, devices and equipment including but not limited to operating costs of the Regional Public Safety Communications Center (911), E911, equipment including expenditures to train personnel and to inform the public of proper use of the 911 service.
Commencing October 1, 2018 the 911 Service Fee shall be defined as an annual fee imposed upon the owner of each commercial, residential, agricultural or industrial unit located within the County of Boyd upon any parcel or parcels whether such unit consists of a single family dwelling, multi-fam-ily dwelling place, retail store, wholesale or commercial business or enterprise, apartment(s), condominium(s), town home(s) or any building, structure or improvement whatsoever whereupon the 911 Service Fee imposed herein shall be based on the number of units situated upon the parcel as such rate as may later be determined by the Boyd Fiscal Court.
Not later than August 1, 2018 every owner of every parcel in Boyd County upon which is situat-ed more than one (1) unit shall identify and disclose same to the Director of the Boyd County Regional Public Safety Communication Center upon such form or via such electronic means as the said Director may require and shall thereafter not later than August 1 of each and every year thereafter so advise the said Director of any unit(s) that has been constructed or located upon the prem-ises as well as any unit(s) that have been completely removed, demolished or lost to fire, flood or other similar casualty.
The aforesaid service fee whether imposed by address or unit shall hereafter be placed upon yearly Boyd County ad valorem property tax bill. The Service Fee whether per address or unit may hereafter be increased or decreased by passage of a Resolution by a majority of the Boyd Fiscal Court.
The Boyd County Regional Public Safety Communications Board shall determine protocol and procedure for the resolution of any conflicts or hardships arising in the implementation and contin-ued operation of this Ordinance.
The Boyd County Fiscal Court states that it is not intended that the 911 service fee be assessed against the owner of any lot or parcel of real property that is vacant or without any improvement(s) whatsoever except in such case that said lot or parcel is regularly used for business or commercial purpose such as parking or storage in which case the 911 service fee shall be paid. Procedures adopt-ed by RPSCC Board shall establish means by which any aggrieved lot or parcel owner may petition the Board or its designee to waive or excuse the 911 service fee in such instance that it is demonstrat-ed to the satisfaction of the Board or its designees that the fee has been assessed due to ownership of a wholly vacant or unimproved non-commercial or busines property.
That all fees authorized hereunder collected by the Boyd County Sheriff or any other person or entity shall be forwarded to the Boyd County Public Safety Communications Board on a timely basis less any fees charged for collection.
Any costs or expense incurred by the Sheriff, Clerk, or Fiscal Court for computer programming or similar services to cause the service fee to be included with tax bills shall be deducted from sums collected prior to monies being sent to RPSCC (911).
The County Clerk and Sheriff shall be entitled to a reasonable fee not to exceed 4% to defray the actual costs of collection and disbursement of the Service Fee.
In the event the Fiscal Court or RPScc Director has not fully or reliably determined and identi-fied the number, location or owner(s) of units upon which levy can be made by October 1, 2018 or is able to do so prior to said date, the Boyd County Fiscal Court may by Resolution extend or shorten the period between the per address and per unit time period set out above. At such time as the per unit fee takes effect the current land line subscriber charge for 911 emergency telephone service imposed by Ordinance #101-07 be and hereby is repealed unless same is continued or extended by majority vote of the Boyd Fiscal Court.
The service fee shall be paid at the time the ad valorem real property tax bill is paid to the Sheriff or other collecting office. Persons who fail to pay the ad valorem real property tax bill shall pay the service fee to the Sheriff or County Clerk not later than April 15 of each and every year following adoption hereof commencing with year 2018.
That any section, or part of any section, or any provision of this Ordinance which may be determined to be unconstitutional, unlawful or invalid by a Court of competent jurisdiction, for any rea-son, shall not affect, the remainder of this Ordinance which shall remain in full force and effect.
This Ordinance shall be in effect and in full force from and after its passage, publication and recording, according to law. Any Ordinance(s) in conflict herewith are hereby repealed but only to the extent of such conflict.
This Ordinance may be enforced by civil or criminal action in which case any violation hereof shall constitute a Violation as defined by the Kentucky Penal Code and carries a penalty of a fine of not more than $250.00.
Every failure to disclose any unit shall constitute a separate offense for each unit an owner failto timely disclose.
Adoped this the 5th day of September, 2017 First Reading: August 8, 2017 Second Reading: September 5, 2017
The above Ordinance was given First Reading on August 8, 2017 and was given Second Reading on September 5, 2017 during a Regular Meeting of the Boyd County Fiscal Court. Ordinance is in full force and effect. A full text of Ordinance can be obtained in the County Clerk’s Office.
Debbie Jones Boyd County Clerk
Published: September 15, 2017
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PostedSeptember 15, 2017