HomeMy WebLinkAboutOrdinance 96-03
ORDINANCE NO. 96-03
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO STORMWATER UTILITY FEES;
AMENDING SECTIONS 150-6, 150-7(F), 150-8 AND 150-10(A)
OF CHAPTER 150 OF THE OCOEE CITY CODE;
REVISING THE SCHEDULE OF RATES, COMMENCING
ON APRIL 1, 1996, FROM $3.00 TO $4.50 PER MONTH
PER ERU AND, COMMENCING ON OCTOBER 1, 1998, TO
$5.00 PER MONTH PER ERU; PROVIDING FOR ANNUAL
REVIEWS OF THE SCHEDULE OF RATES TO
COMMENCE IN 1999; REVISING THE PROCEDURE FOR
UPDATING AND AMORTIZING THE BILLING FOR THE
STORMW ATER UTILITY FEE; PROVIDING FOR THE
REVIEW AND ESTABLISHMENT OF NECESSARY
PROGRAMS FOR COMPLIANCE WITH THE NPDES
SYSTEM; DELETING CERTAIN PROVISIONS RELATING
TO ADJUSTMENT REQUESTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee received and reviewed
the Stormwater Utility Feasibility Study prepared by Professional Engineering Consultants, Inc.,
dated December 13, 1995; and
WHEREAS, the City Commission has conducted an advertised public hearing
regarding the proposed amendments to the Stormwater Management Utility System Chapter; and
WHEREAS, the City Commission desires to amend the Stormwater Management
Utility System Chapter based upon the Stormwater Utility Feasibility Study prepared by
Professional Engineering Consultants, Inc., dated December 13, 1995.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of
Florida and Chapters 403 and 166, Florida Statutes.
SECTION 2. Revision to Section 150-6 relatin~ to Schedule of Rates.
Section 150-6 of Chapter 150 of the Code of Ordinances of the City of Ocoee, Florida, is hereby
amended to read as follows:
~ 150-6. Schedule of rates.
The stormwater utility fee shall be charged at the rate of three four dollars
and fifty cents ~ ($4.50) per month for each ERU. Effective October 1.
1998. the stormwater utility fee shall be charged at a rate of five dollars ($5.00)
per month for each ERU. The number of ERU's applicable to each developed
lot or parcel shall be calculated in accordance with the provisions of ~ 150-5
hereof. Commencing in 1999 and each year thereafter. +the City Commission
shall annually review the rates established by this section in order to make such
revisions as are necessary to reasonably cover the cost of providing stormwater
management services.
SECTION 3. Revision to Section 150-7(F) Relatin~ to Billinl:. Section 150-
7 (F) of Chapter 150 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended
to read as follows:
F. The city may backbill update the billing for the stormwater
utility fee to the owner, tenant or occupant of developed
property whenever the City Engineer determines that such
owner, tenant or occupant has been underbilled or has not been
sent a bill for stormwater utility fees as provided by this
chapter; provided, however, that the city may not backbill bill
for any period greater than twelve (12) months from the date
the City Engineer or his designee notifies such owner, tenant or
occupant of such underbilling or nonbilling. In any event, the
owner, tenant or occupant may extend amortize the payments
of the backbill oyer tJ::le same amount of time amount due UP to
the same period for which the city issued the backbill updated
bill not to exceed twelve (12) months.
SECTION 4. Revision to Section 150-8 Relatin~ to Powers and Duties of
City En~ineer. Section 150-8 of Chapter 150 of the Code of Ordinances of the City of Ocoee,
Florida, is hereby amended to read as follows:
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~ 150-8. City Engineer; Director of Public Works; powers and duties.
A. The City Engineer shall have the following powers, duties and
responsibilities with respect to this chapter and the city's
stormwater management system:
(1) To administer and enforce this chapter and any other
appropriate stormwater related ordinance and support
regulations in the operation, maintenance, alteration,
repair and replacement of stormwater management
systems, facilities and devices.
(2) To plan and execute the city's stormwater management
program, except for the performance of routine
maintenance and minor improvements to the stormwater
management system.
(3) To plan, design and acquire rights-of-way and easement
for and construct capital projects as approved and funded
by the City Commission.
(4) To research, develop and refine experimental and
prototypical stormwater management systems, facilities,
devices and techniques.
(5) To inspect public and private systems so as to assure
performance and compliance with all applicable
stormwater codes and regulations.
(6) To review and approve all new development permits and
all drawings, submittals and site plans, both public and
private, for stormwater management systems, devices and
facilities for adequacy, sufficiency and consistency with all
applicable codes and regulations.
(7) To prepare a Master Stormwater Management Plan.
(8) To keep accurate records of all persons using the services
and facilities of the stormwater management system of the
city and to make changes in accordance with the rates and
charges established by this chapter.
(9) To determine the impervious area of nonresidential
property based on data supplied by the County Property
Appraiser, or if such information is unavailable, then
based on such other data as may be available, including
but not limited to data provided by the property owner,
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tenant or developer, and to update and revise such
determinations based on any additions to the impervious
area as approved through the building permit process.
(10) To charge and collect stormwater utility fees, fines and
penalties; conduct periodic rate studies so as to maintain
an efficient and equitable rate structure; and ensure a
prudent and stable financial base from which to operate.
(11) To advise the City Manager or, consistent with the
Charter, other appropriate city officials on matters
concerning stormwater management.
(12) To promulgate rules, practices and procedures necessary
for efficient and effective management of the etility
stormwater management system.
(13) To perform acts incideBtal and/or necessary to file efficient
and effective operatiofl of the utility. To review and
provide necessary programs for compliance with the
NPDES (National Pollutant Discharge Elimination System)
municipal separate storm sewer system (MS4) permit
requirements for the city.
B. The Director of Public Works shall have the following powers,
duties and responsibilities with respect to this chapter and the
city's stormwater management system:
(1) To plan and execute the performance of routine
maintenance and minor improvements to the city's
stormwater management system.
(2) To perform acts incidental and/or necessary to the efficient
and effective operation of the etility stormwater
management system.
SECTION 5. Revision to Section 150-10(A) Relatin~ to Adjustment of Fees.
Section 150-1O(A) of Chapter 150 of the Code of Ordinances of the City of Ocoee, Florida, is
hereby amended to read as follows:
~ 150-10. Adjustment of fees.
A. Requests for adjustment of the stormwater utility fee shall be
submitted to the City Engineer, who is hereby given the
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authority to develop and administer the procedures and
standards for the adjustment of fees as established herein. All
requests with respect to nonresidential property shall be judged
on the basis of the amount of impervious area on the site. No
credit shall be given for the installation of facilities required by
the city or county development codes or state water
management district stormwater rules. The following
procedures shall apply to all adjustment requests of the
stormwater utility fee:
(1) Any owner, tenant or occupant who has paid his
stormwater utility fee and who believes his stormwater
utility fee to be incorrect may, subject to the limitations
set forth in this chapter, submit an adjustment request to
the City Engineer.
(2) Adjustment requests for the stormwater utility fees paid
by an owner, tenant or occupant making the request shall
be in writing and shall set forth, in detail, the grounds
upon which relief is sought.
(3) Adjustment requests made during the first calefldar year
that the stormv;ater milky fee is imposed viill be revievled
by the City Engineer .,;ithin a six mOFlth period from the
date of filing of the adjustment request. f..djustments
resulting from such request shall be retroactive to the
beginning of billiags, but retroactive adjustment shall not
exceed one (1) year.
(4) Adjustment requests made after the first caleooar year that
the stormwater utility fee is imposed will be re',iewed by
the City Engineer wkhiFl a f{)ur month period from the
date of filiag of the adjustmeFlt request. ,^..djustmeFlts
resulting from sucR requests sllall be retroacti';e to the date
of filiag of the reqaest. Under no circamstanees will the
city be finaneially liable beyoFld the time limits set forth
herein.
ill ~ The owner, tenant or occupant requesting the adjustment
may be required, at his own cost, to provide supplemental
information to the City Engineer, including but not limited
to an independent fee calculation, survey data including
the impervious areas, approved by a registered
professional land surveyor and engineering reports
approved by a professional engineer. Failure to provide
such information may result in the denial of the adjustment
request.
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ill t61 Adjustments to the stormwater fee will be made upon the
granting of the adjustment request, in writing, by the City
Engineer. Denials of adjustment requests shall be made,
in writing, by the City Engineer.
WORDS UNDERLINED ARE ADDmONS; WORDS IN STRUCK mROUCH TYPE ARE DELETIONS.
SECTION 6. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 7. Codification. It is the intention of the City Commission of the
City that the provisions of this ordinance shall become and be made a part of the Code of
Ordinances of the City; and that sections of this ordinance may be renumbered or relettered and
the word "ordinance" may be changed to "chapter", "section", "article", or such other
appropriate word or phrase in order to accomplish such intentions; and regardless of whether
such inclusion in the code is accomplished, sections of this ordinance may be renumbered or
relettered and the correction of typographical errors which do not affect the intent may be
authorized by the City Manager, without need of public hearing, by filing a corrected or
recodified copy of same with the City Clerk.
SECTION 8. Effective Date. This Ordinance shall become effective on
April 1, 1996.
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PASSED AND ADOPTED this 19..n4 day of M A R.c. H , 1996.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
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_____ ~--) . -. ) /' I
v -; - r-C/t/c1 t/tAJ,J(,-\
S. Scott Vandergrift, Mayor \-'l
(SEAL)
ADVERTISED t't\ A ~e ~ '7 , 1996
READ FIRST TIME f'l\AQCo'A 5 , 1996
READ SECOND TIME AND ADOPTED
M A~{' W /q , 1996,
UNDER AGENDA ITEM NO.~.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APP~9VED AS TM FO~ AND LEGALITY
this -I1- day of 6/~ , 1996.
FOLEY!7 LARDNER
By: I~ <) (kJiJ
City Attorney
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