August 1, 2013
Dear Audubon Hills Residents,
We have been asked a number of questions about the State Fire Prevention Fee notice that we all just received from the State Board of Equalization. As the retired Chief Deputy Director of CDF (who was long retired when this fee was implemented), I will try and answer the common questions I have been asked.
First of all, there is a currently a class-action law suit in process contending that this is not a “fee” but a tax, and therefore would require a vote of the people. Until that is settled, we are still responsible to pay the fee. If you choose not to pay the fee, the interest charged is something like 20% per month. Because this is not part of our property taxes, it is not collected by the county, but by the State Board of Equalization.
There is an appeal process, however it is not to appeal that this is not a fee but a tax. Instead, it is to appeal that the property in question is misclassified and is not:
- in the State Responsibility Area (SRA) and therefore not subject to the fee,
- does not have a residence on it, or
- is part of an incorporated city, such as Placerville.
All of Audubon Hills is in the State Responsibility Area, and if your parcel has a home on it, then it is currently subject to the fee. Because we are also in the El Dorado County Fire Protection District, and we also pay for structure protection for that service as part of our tax bill, the State Fire Fee is reduced by $35.
You could file an appeal on the grounds that your parcel was misclassified but it would probably be a waste of everyone’s time. Officials would look first to see if there is a residence on the property, and second, whether it is in the State Responsibility Area. If both are true the appeal would be denied. Even if you appeal, you are still required to pay the fee pending your appeal, or interest and penalties would be applied. If you do choose to appeal, it must be done within 30 days of receiving your bill.
There is a website sponsored by the Howard Jarvis Taxpayers Association that has a form that you can file an appeal and participate in the class action lawsuit based on the fact that it is a tax and not a fee. Again that appeal has to be filed within 30 days of receipt of the bill. The link to that site is http://firetaxprotest.org/?page_id=13
The link below takes you to the Department of Forestry and Fire Protection website FAQs about the SRA Fire Prevention Fee and addresses the appeal process. http://www.firepreventionfee.org
If you have more questions please give me a call and I will see if I can give you further explanation.
Mark Stanley
President – Audubon Hills Association – AHA
(530) 644-1631