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FAQ @ fire fees

Fact Sheet

Town of Ottawa Fire Protection Fee

 
Wis. Stat. 60.55 requires the Town Board to provide fire protection for the town.  The Town of Ottawa has undertaken a detailed and comprehensive work effort to determine the best way to fund the necessary service of fire protection to its residents. 

The Town Board has made the decision to implement fire service fees that enable the town to accomplish the following goals:
  1. Protect the lives and property of all Ottawa residents and businesses through fire protection, emergency management, education and prevention
  2. Ensure that there is adequate funding for necessary operation, staffing and training
  3. To apportion the cost of providing fire protection services in the most fair and equitable way

Fire service fees are now listed as a special charge on the yearly tax bill and our tax levy has been lowered to reflect this change.
 
FAQ’s
 
What is a fire service fee? A fire service fee is a charge for having fire protection services provided by the Western Lakes Fire Department (WLFD) to all properties in the town.  The revenue collected by this fee can only be used for the provision of fire protection services in the Town of Ottawa.

Who is required to pay a fire service fee?  All properties - residential, commercial, institutional and tax exempt - within the Town of Ottawa are required to pay afire service fee, with the exception of state-owned lands that already make an annual aids payment.

How are fire service fees calculated? The Town of Ottawa has established a fire service fee formula.  It is calculated through different variables including: acreage, building square footage and outbuilding square footage.  By including all of these variables, the fee is more equitably divided by the billing unit, or Domestic User Equivalent (DUE), to determine each parcels fire service fee.

Will the billing rate increase?  The Fire Board members representing each municipality and WLFD work in detail and with great consideration on realistic working budget every year.  The municipal Joint Owners of the WLFD then collectively vote to adopt that budget annually.  The Ottawa Town Board’s goal balances conservative budgeting while maintaining necessary service for all residents.

Is this just another tax? A fire service fee is not a tax. Although the service fee is a charge to customers, it is not a tax because it bears no relation to the taxable value of a property.  Instead, customers are charged based on acreage and building square footage that would require WLFD to provide a smaller or larger amount of personnel and/or equipment in response to a fire on their property.

OTWT Fire District DUE (Domestic User Equivalent) Unit

Formula Specification Sheet

Land DUE (Domestic User Equivalent) calculation
  1. Flat base fee for 1st Acre for all vacant and improved parcels except for State owned parcels that provide PILT (payments in lieu of taxes).
  2. Additional per Acreage Fee for all acreage over the 1st Acre.
Land
$15.00 per 1stacre + $1.00 per additional acre above 1st acre

OBI (Out Building Improvements) DUE Calculation
  1. Out Building Improvements are defined as separate “non habitable” buildings above  200 sqft
  2. “non habitable” defined as not providing space for living, sleeping, eating or cooking
  3. Excludes all buildings under 200 sqft.
  4. Excludes all agricultural bins, cribs and silos
  5. The total square footage of any and all residential, commercial, industrial and institutional improved “non habitable” buildings divided by the figure of 200 square footage
OBI
$4.00 per 200 sqft 

Above Ground Residential, Commercial, Industrial and Institutional DUE Calculation
  1. Square footage calculation excludes all square footage below ground
  2. The total above ground square footage of all and any improved residential, principal commercial, principal industrial and principal institutional buildings.  Attached garages will be included in the total square footage calculation.   
  3. This total square footage divided by the figure of 500 square footage 
Above Ground Principal Buildings
$100.15 per 500 sqft

Complete Formula–

(Land – Flat DUE fee per parcel + Addlt Per Acreage DUE Fee) + (OBI – Per 200 sqft DUE Fee) + (AbvGrd Principal Buildings Per 500 sqft DUE Fee) = Total

$15.00 per 1st AC

+ $1.00 per each addtl AC above 1st AC

+ $4.00 per 200 sqft OBI

+ $100.15 per 500 sqft AbvGrd Principal Building = Total 


Updated 11/13/2023


Example Property below–

5 Acre Parcel = $15.00 (1st AC) + $4.00 (4 AddtlAc)   1 DUE x $15.00.  4 DUE x $1.00

600 sqft Det Gar and 200 sqft Shed = $16.00 (800sqft/200 sqft = 4 DUE)  4 DUE x $4.00 = $16.00

2000 sqft home & 500 sqft Att Gar = $500.75 (2000 sqft + 500 sqft = 2500 sqft.  2500 sqft/500sq ft = 5 DUE)  5 DUE x 100.15 = $500.75

 Total: $15.00 +$4.00 + $16.00 + $500.75 = $535.75

AN ORDINANCE TO CREATE SECTION 3.15 OF THE TOWN OF OTTAWA MUNICIPAL CODE TO IMPLEMENT A FEE FOR TOWN FIRE PROTECTION SERVICES

 
            WHEREAS, Wisconsin Statutes Section 60.55(1)(a) requires a town board to provide fire protection for the town; and
 
            WHEREAS, the Town of Ottawa has satisfied this Wisconsin Statutes Section by joining the Western Lakes Fire District, pursuant to Wisconsin Statutes Section 60.55(1)(a)2; and
 
            WHEREAS, pursuant to Wisconsin Statutes Section 60.55(2)(b), a town board may charge property owners a fee for the cost of fire protection provided to their property according to a written schedule established by the town board; and
 
            WHEREAS, the fee schedule developed by the Town of Ottawa includes only services provided by the Western Lakes Fire District for fire protection services; and
 
            WHEREAS, the Town Board has worked with the Town Assessor to develop a written fee schedule that will allow the Town to charge property owners for fire protection services, while also apportioning the fees equitably among town properties; and
 
            WHEREAS, the Town Board of the Town of Ottawa finds that it is in the best interest of Town of Ottawa residents to create a written fee schedule to include residential, commercial, and institutional based upon the acreage of real property, residence square footage, and the square footage of outbuildings on a property; and
 
WHEREAS, the Town Board of the Town of Ottawa finds that basing the fee schedule off of these three factors apportions the cost appropriately in relation to the property that the fire service protects, ensuing an equitable distribution of fire protection service fees; and
 
            WHEREAS, the Town Board of the Town of Ottawa finds that it is in the best interest of Town of Ottawa to create a written fee schedule to charge property owners a fee for the cost of fire protection.  
 
            The Town Board for the Town of Ottawa, Waukesha County, Wisconsin, DOES HEREBY ORDAIN AS FOLLOWS:
 
SECTION 1:   Chapter 3 of the Town of Ottawa Municipal Code entitled “Finance and Taxation,” Section 3.15 entitled “Town Fire Protection Fees” is hereby created as follows:
 
  1. Definitions.
     
    1. "Department" means the Western Lakes Fire District.
       
    2. "Domestic User Equivalent" or "DUE" means the base amount used to calculate the amount of fees charged to each parcel. In 2022, 1 DUE
      is equal to the amount established in the annual written fee schedule required under Section 4(a) of this Ordinance.
       
    3. "Intergovernmental Agreement" means the most recent agreement by and between the participating municipalities to provide Services through the Western Lakes Fire District.
       
    4. ““Real Property” means the land and structures, including outbuildings, located on a tax key parcel.
       
    5. "Services" means the fire protection services provided to the Town by the Department pursuant to the Intergovernmental Agreement.
       
    6. "Town" means the Town of Ottawa, located within Waukesha County, Wisconsin.
       
    7. "Town Board" means the governing body of the Town of Ottawa.
       
  2. Authority.
     
    1. This Ordinance is enacted pursuant to Wisconsin Statutes Section 60.55, 66.0301, and 66.0627 and other applicable laws for the purpose of providing the funding for the Services within the Town.
       
  3. Geographic Application.
     
    1. This Ordinance applies to all Real Property located within the Town which is covered by the Department.
       
  4. Annual Fee.
     
    1. There is hereby imposed upon all Real Property described in Section
      3 above, an annual fee for the provision of Services to such Real Property. Such fees shall be annually established by the Town, by means of adoption of a written fee schedule on or before December 15 of each year commencing with the year 2022. The fee charged shall be sufficient in the amount to allow the Town to pay in its entirety the amount of the Town's annual contribution for such Services as required under the Intergovernmental Agreement. With respect to the annual fees, the following shall apply:
       
      1. Annual fees shall be based on a methodology utilizing DUEs. The total amount of the required contribution for any year shall be divided by the total number of DUEs located within the geographic area described in Section 3 above, to arrive at a stated dollar amount per single DUE.
         
      2. Each tax key parcel within the foregoing geographic area shall be assigned a number of DUEs by the Town Board as determined in the annual schedule of Services fees adopted by the Town Board. Additional DUEs are assigned as shown in Schedule A, attached hereto and incorporated herein by reference.
         
      3. Fire protection fees shall be included on annual tax bills as a special charge. 74.01(4), Stats. Payments shall be paid in full by January 31, any unpaid fee shall be considered delinquent and subject to interest and penalties. A delinquent special charge becomes a lien on the property against which it is imposed as of the date of delinquency. The delinquent special charge shall be included in the current or next tax roll for collection and settlement. All special charges that become delinquent shall be paid, together with interest and penalties to the County Treasurer. 74.11(11)(a), Stats.
         
      4. The Town may collect delinquent special charges in any other manner provided for by law or equity, including a suit in the Waukesha County Circuit Court.
         
  5. DUE Appeals.
     
    1. Any person aggrieved by the determination of DUEs applicable to the Real Property of such person or as to the amount of the special charge associated therewith may appeal the matters to the Wisconsin Tax Appeals Commission, as provided for in Section 66.0628(4), Wis. Stats.
       
      SECTION 2:   SEVERABILITY.  The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision and shall not affect the validity of any other provisions, sections or portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict.
       
      SECTION 3:   EFFECTIVE DATE. This ordinance shall take effect immediately upon passage and posting or publication as provided by law.
       
      Adopted by the Town Board of the Town of Ottawa on the __2nd__ day of December, 2022 
       
TOWN OF OTTAWA
 
 Cheryl Rupp, Town Chair ATTEST
 Lori Geyman, Town Clerk/Treasurer
Fire District Due Process for Contesting/Challenging Fire Fees
Each year stands on its own. (i.e. Tax year)
After receiving the tax bill with the listed special charge for Fire Fees, residents have until the 3rd Wednesday in January of the current year to contest their individual fire fee charge.

Parameters of Challenges

1.      Square footage differences must be

a.      over 200 sqft for Outbuilding

b.      over 500 sqft for Primary structure

c.       Calculation error

2.      Acreage differences must be over 1 ac

3.      Structure classification 


Any contested/challenged Fire Fee issues not informally resolved with the Assessor may be taken before the Town Board for resolution.

Requests by an individual to have their contested/challenged Fire Fee issue heard by the Town Board must submit a written notice to the Clerk requesting a hearing.

Any request by an individual to have their contested/challenged Fire Fee issue heard by the Town Board must have it scheduled before the end of the tax year. 

If a reimbursement is granted by the Town Board, payment will be disbursed by check.