Title 2 - Administration and Personnel

2.14.080 Administration of Assessment.

1. A.
   Annual BID Fee Assessment.

   1. 1. 1.
         The property owners of each parcel or contiguous group of parcels within the District shall be assessed the BID Fee for each assessment year. Each assessment year shall run from January 1st to December 31st.
      2. 2.
         The City shall assess the BID Fee prior to December 31st. The BID Fee is due upon issuance of the assessment and shall be considered past due if not paid on or before February 1st.
      3. 3.
         When assessments for the BID Fee are prepared, all unpaid past due amounts (for outstanding BID Fees, late fees and costs) shall be added to the amount of the current assessment.
2. B.
   BID Fee Assessment Years 2020-2024. 

   1. 1.
      For Assessment Years 2020 through 2024 (only), the property owner shall have the option of either: (1) paying the entire BID Fee; or (2) requesting that the BID Fee be allocated and assessed to individual tenants which will have business leases active on and after January 1st of the upcoming assessment year; provided however, the property owner shall be responsible for any portion of the BID Fee not allocated to any tenants.  
   2. 2.
      For property owners selecting the second option, the property owner must provide the City no later than December 15th a roster of tenants which will have business leases active on and after January 1st of the upcoming assessment year. The roster shall include: (1) the name of each tenant; (2) each tenant’s contact and contact address; and (3) the percentage of the BID Fee which should be allocated to each tenant based upon their leased space as a percentage of the Total Building Area.  The City shall then assess each tenant for their proportional share of the BID Fee. Where the Total Building Area is greater than the sum of all allocated tenant leased spaces, the remaining percentage of the BID Fee shall be allocated to the property owner.
   3. 3.
      In the event a property owner selects the second option and a tenant fails to pay the amount it was assessed by April 1st, the City may: (1) (re)assess the property owner for the outstanding amount; or (2) add the outstanding amount to the assessment for the following year as set forth in Subsection A.3. above. In either event, any late fee ascribed to the tenant shall not be assessed to the property owner, provided, however, a late fee may be assessed to the property owner if the outstanding amount is then not paid within 30 days of (re)assessment.
3. C.
   Late Fee. A late fee of 25 percent shall be assessed when any BID Fee becomes past due.
4. D.
   Refund. No refunds for any BID Fee paid will be given to any Business properly assessed a BID Fee, regardless of when the Business vacates the premises and whether or not a new Business subsequently assumes that location during the balance of the year for which the BID Fee was paid.
5. E.
   Appeal. If a Business feels that it received an assessment in error or that the amount of the assessment was miscalculated or based upon incorrect information, then the Business may submit a written appeal to the City Clerk’s office on or before February 1st (or within 30 days of the initial assessment). The written appeal must provide the basis of the appeal, the correction being requested and an address or email address for the appellant to receive the City’s response. The written appeal shall be reviewed by the Director of Finance, the Director of Planning & Development Service and the City Attorney (or their designees). Following such review, the City will send either a revised assessment if the appeal is determined to have merit, or a written notice stating that the appeal has been denied. The Business shall then have 30 days from the date of the revised assessment or the written notice to make payment before such amount is considered past due, or alternatively, to file an appeal with the BID Advisory Board pursuant to O.P.M.C. Section 2.14.040 C.
6. F.
   Collection. If it becomes necessary to utilize the services of a collection agency, attorney or court action in order to collect any outstanding BID Fee, late fees or costs due and owing from a Business, the cost of said collection agency, attorney or court action shall be added to the amount due to the City and shall become a legal obligation of said Business.
7. G.
   Agent. The City may use BID Fees to contract with any person or organization, including, but not limited to, the not-for-profit corporation with which the City contracts for other specified services within the District, to do the tasks of compiling a list of Businesses in the District, determining their respective floor area or land area and/or to assist with the assessment or collection of the BID Fee.

(History: Ord. BID-3298 §1, 2020; Ord. BID-3272 §4, 2019; Ord. BID-2978 §8, 2012; BID-2889 §1, 2010; BID-2494 §1, 2004; BID-2368 §2, 2002; BID-1988 §4, 96; BID-1614 §2, 89; BIS-1526 §3, 88)

Effective on: 1/1/1901