HomeMy WebLinkAboutOrd. 91-20
ORDINANCE NO. 91-20
.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO STORMWATER MANAGEMENT; CREATING
CHAPTER 35 OF THE CODE OF ORDINANCES;
PROVIDING FOR THE CREATION OF A STORMWATER
MANAGEMENT UTILITY; PROVIDING FOR AUTHORITY;
PROVIDING FOR FINDINGS AND DETERMINATIONS;
PROVIDING FOR DEFINITIONS; PROVIDING FOR THE
ESTABLISHMENT OF A STORMWATER UTILITY FEE;
PROVIDING FOR A SCHEDULE OF RATES; PROVIDING
FOR STORMWATER UTILITY FEE BILLING AND
COLLECTION AND FOR THE PLACEMENT OF A LIEN ON
REAL PROPERTY IN THE EVENT OF NONPAYMENT;
PROVIDING FOR SITE INSPECTIONS; PROVIDING FOR
POWERS, DUTIES AND RESPONSIBILITIES OF THE
CITY ENGINEER AND DIRECTOR OF PUBLIC WORKS;
PROVIDING FOR ADJUSTMENT OF FEES AND APPEALS
TO THE CITY COMMISSION; PROVIDING FOR A
STORMWATER MANAGEMENT FUND; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the city Commission of the city of Ocoee has
indicated its intent to properly manage stormwater runoff; to
provide for public safety through reduced flooding, property damage
and erosion; and to achieve improved water quality in the City'S
receiving water bodies (i.e., its lakes, streams and aquifer); and
WHEREAS, all developed real property in the City
contributes stormwater runoff to the City'S overall storm drainage
system thereby adding to the stormwater management problem; and
WHEREAS, the City has received a report containing
recommendations related to (1) the development of an improved
stormwater management system in the City by means of the
establishment of a stormwater utility, and (2) the method of fee
computation and billing suitable for raising the monies needed by
the City'S stormwater management system; and
WHEREAS, the above-referenced report recommends the use
of stormwater utility fees based on the amount of impervious area
on developed property within the city; and
.
WHEREAS, the city commission of the City of Ocoee has
determined that a need exists for additional funding for the
stormwater management system of the city and that the use of
stormwater management utility fees is the most equitable method of
providing this funding.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
section 1. Short Title. This Ordinance shall be known
and may be cited as the "Stormwater Management utility System
Chapter".
Section 2. A new Chapter 35 of the Code of Ordinances
of the city of Ocoee, Florida is hereby adopted and reads as
follows:
Chapter 35
.
stormwater Manaqement utility System
Sec. 35-1. Authority.
The city is authorized by the Florida
Consti tution and the provisions of Chapter
166, Florida Statutes, and section 403.0893,
Florida Statutes, to construct, reconstruct,
improve, and extend stormwater utility systems
and to issue revenue bonds and other debts if
needed to finance in whole or in part the cost
of such system and to establ ish just and
equitable rates, fees, and charges for the
services and facilities provided by the
system.
Sec. 35-2. Findings and determinations.
It is hereby found,
declared as follows:
determined and
(1) Those elements of the stormwater
management utility system which provide
for the collection of and disposal of
storm and surface water and regulation of
groundwater are of benefit and provide
services to all property within the city,
including property not presently served
by the storm elements of the system.
(2) The cost of operating and maintaining the
city stormwater management utility system
and financing necessary repairs,
replacements, improvements, and extension
thereof should, to the extent
practicable, be allocated in relationship
to the benefits enjoyed and services
received therefrom.
.
(3) It is the intent of this Chapter to
establish stormwater management as a city
utility and to establish a program of
user charges and fees for stormwater
management services, which charges and
fees are to be levied against all
developed property within the city to
accomplish the purposes of such utility.
Sec. 35-3. Definitions.
The following words when used herein
shall have the meanings indicated, unless the
context clearly indicates otherwise:
"Developed property" or "developed
lot or parcel" shall mean that property
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which has been altered from its natural
state by the addition of any
improvements, such as a building,
structure, impervious surface, change of
grade or landscaping. For billing
purposes related to new construction, a
parcel or lot shall be considered to be
developed pursuant to this Chapter only
upon the earlier of the following:
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(a) Issuance of a certificate of
occupancy, or upon completion
of construction or final
inspection if no such
certificate is issued; or
(b) Completion of at least fifty
percent (50%) of the permitted
new construction and when such
construction is halted for a
period of three (3) months.
"Dwelling unit" shall mean any
residential space identified for
habitation by members of the same family
or as classified by the city building or
zoning codes.
"Equivalent Residential unit" or
"ERU" shall mean the statistical average
impervious area in square feet of
dwelling units within the City of Ocoee.
In the City an ERU equals two thousand
fifty-four (2,054) square feet. Such
measure provides the basis for comparing
the runoff generated by one (1) parcel
with that generated by another.
"Impervious area" or "impervious
surface" shall mean any part of any lot
or parcel of land that has been modified
by the action of persons to reduce the
land's natural ability to absorb and hold
rainfall, including areas which have been
cleared, graded, paved, graveled or
compacted, or covered with structures or
retention areas; provided, however, that
all lawns, landscape areas, gardens,
farming areas, public roadways and
private roadways serving residential or
commercial subdivisions shall be excluded
from the definition of impervious area.
.
"Residential property" shall mean
any lot or parcel of land developed
exclusively for residential purposes,
including single family homes,
condominiums, manufactured homes,
townhomes, duplexes, apartment buildings
and other multifamily structures;
provided, however, that retirement and
pUblicly-assisted housing complexes
providing on-site health care services
are excluded from this definition.
"Nonresidential property" shall mean
any developed lot or parcel of land not
included within the definition of
residential property. Nonresidential
property shall include transient rentals
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such as hotels and motels and tax-exempt,
religious, educational, institutional,
commercial and industrial properties.
Nonresidential property shall also
include all properties owned by
governmental entities, including the
City, except for public roadways and
appurtenances related thereto.
"City utilities" shall mean water,
sewer, garbage, trash, and/or stormwater
utility services available to lands
located in the city.
.
Sec. 35-4.
utility Fee.
Establishment of Stormwater
(a) A stormwater utility fee is hereby
imposed upon each developed lot and parcel
within the city for services and facilities
provided by the stormwater management system.
For purposes of imposing the stormwater
utility fee, all developed lots and parcels
within the city are classified into the
following two (2) customer classes:
(1) Residential property.
(2) Nonresidential property.
The city manager or his designee is directed
to prepare a list of developed lots and
parcels wi thin the ci ty and assign a
classification of residential or
nonresidential to each such lot or parcel.
(b) There is hereby established the
following uniform schedule for calculating
charges and fees for the services and
facilities of the stormwater management system
by the owner, tenant, or occupant of the
developed property using the services and
facilities of such system:
(1) Residential. Each residential
property shall be billed a flat fee based upon
one (1) ERU multiplied by the number of
individual dwelling units existing on such
property.
.
(2) Nonresidential. The fee
imposed for nonresidential properties as
defined herein shall be based on the number of
ERU's which shall be determined for each
nonresidential property on the basis of the
impervious area on such property. The number
of ERU's for each nonresidential property
shall be calculated in accordance with the
following formula:
Number of
ERU's
Impervious Area (square feet)
2,054 square feet
i provided, however, that each nonresidential
property shall be billed based upon a minimum
of one (1) ERU. For property classified as
nonresidential and developed as a commercial
condominium, the total bill for such property
shall be divided among the commercial
condominium units with each such unit being
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assigned a pro-rata share of the total
impervious area for the entire nonresidential
property; provided, however, each such
commercial condominium unit shall be billed
based upon a minimum of one ( 1) ERU. The
number of ERU's calculated in accordance with
the above formula shall be rounded to the
nearest one-tenth (ljlOth) of an ERU.
Sec. 35-5. Schedule of Rates.
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The stormwater utility fee shall be
charged at the rate of Three Dollars ($3.00)
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 Sec. 35-4 hereof. 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.
Sec. 35-6. Stormwater utility fee billing and
collection.
(a) The stormwater utility fee shall be
billed and collected with the monthly utility
bill for those developed lots or parcels
utilizing city utilities. The stormwater
utility fee shall be billed and collected
separately for those developed lots or parcels
and owners thereof not utilizing other city
utilities.
(b) For each single family or mobile
home residential unit, the bill shall be sent
to the account holder of the individual water
meter or if there is no individual water meter
then to the property owner. For each multi-
family residential unit, the bill shall be
sent to the account holder of the individual
water meter or if there is no individual meter
then the total bill shall be sent to the
account holder of the master meter who shall
be responsible for payment thereof. For
nonresidential property, the bill shall be
sent to the account holder of the individual
water meter or if there is no individual meter
then the total bill shall be sent to the
account holder of the master meter or if there
is no master meter then to the property owner.
.
(c) All bills for stormwater utility
fees shall be rendered monthly and shall be
payable at the same time and in the same
manner and subject to the same penalties as
utility bills of the city under the terms and
conditions of the Code of Ordinances of the
city. The stormwater utility fee is part of
a consolidated statement for utility customers
which is generally paid by a single payment.
In the event that a partial payment is
received, the payment shall first be applied
to garbage and trash, next applied to
stormwater management, next applied to sewer,
and finally applied to the water account.
(d)
penalties
In addition to any other remedies or
provided by this Chapter or any
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other ordinance of the city, failure of any
user of city utilities within the city to pay
said stormwater utility fees promptly when due
shall subject such user to discontinuance of
water and sewer utility services, and the city
manager is hereby empowered and directed to
enforce this provision as to any and all
delinquent users.
.
(e) In the case that an occupant or
tenant of any developed lot or parcel shall
receive a stormwater utility bill pursuant to
this Chapter and shall fail to pay such bill,
then the owner of such developed lot or parcel
shall be liable for such bill and the city
shall not be required to look to any person
whatsoever other than the owner for the
payment of such bill. In the event that any
stormwater utility bill shall not be paid as
and when due, any unpaid balance thereof,
along with all interest accruing thereon,
shall be and constitute a lien on any lot or
parcel affected thereby. The City may record
in the Public Records of Orange County,
Florida a Notice of Lien giving notice to all
persons that the city is asserting a lien upon
the affected lot or parcel. In the event that
any such utility fee shall not be paid as and
when due and shall be in default for thirty
(30) days or more, the unpaid balance thereof
and all interest accrued thereon, together
with the costs of collection, including, but
not limited to, attorneys' fees and costs, may
be recovered by the city in a civil action,
and any such lien, accrued interest and any
addi tional costs may be foreclosed or
otherwise enforced by the City by action or
suit in equity as for the foreclosure of a
mortgage on real property.
(f) The City may backbill 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 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 the
payments of the backbill over the same amount
of time for which the City issued the
backbill.
.
Sec. 35-7. Powers, duties and
responsibilities of city engineer and director
of public works.
(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,
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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, acquire rights-of-way
and easements 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, 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 fees, fines and
penalties; conduct periodic rate studies
so as to maintain an efficient and
equi table rate structure; and ensure a
prudent and stable financial base from
which to operate;
(11) To advise the city manager or, consistent
with Charter, other appropriate city
officials on matters concerning
stormwater management;
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(12) To promulgate rules, practices and
procedures necessary for efficient and
effective management of the utility; and
(13) To perform acts incidental and/or
necessary to the efficient and effective
operation of the utility.
(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; and
(2) To perform acts incidental and/or
necessary to the efficient and effective
operation of the utility.
Sec. 35-8. site Inspections.
The city engineer and other duly
authorized employees of the city bearing
proper credentials and identification shall be
permitted to enter all properties tributary to
the city's stormwater management system for
the purposes of inspections, observations,
measurement and testing in accordance with the
provisions of this chapter and any rules or
regulations adopted pursuant hereto.
Sec. 35-9. Adjustment of Fees.
(a) Requests for adjustment of the
stormwater utility fee shall be submitted to
the city engineer, who is hereby given the
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
calendar year that the stormwater utility
fee is imposed will be reviewed by the
city engineer within a six (6) month
period from the date of filing of the
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adjustment request. Adjustments
resulting from such request shall be
retroactive to the beginning of billings,
but retroactive adjustment shall not
exceed one (1) year.
.
(4) Adjustment requests made after the first
calendar year that the stormwater utility
fee is imposed will be reviewed by the
city engineer within a four (4) month
period from the date of filing of the
adjustment request. Adjustments
resul ting from such requests shall be
retroactive to the date of filing of the
request. Under no circumstances will the
city be financially liable beyond the
time limits set forth herein.
(5) 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.
(6) 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.
(b) Upon receipt of the written denial
of the adjustment request, the owner, tenant
or occupant who initially requested the
adjustment may, within thirty (30) days of
receipt of such denial, appeal to the city
commission for review of the denial by filing
a written notice of appeal with the city
Clerk. The City Clerk shall schedule the
appeal for consideration by the city
Commission within forty-five (45) days from
receipt thereof. In reviewing appeals, the
city commission shall apply the standards and
criteria for review contained in this section.
The decision of the City Commission on any
appeals arising out of this section shall be
final.
Sec. 35-10. Stormwater management fund.
.
All stormwater utility fees collected by
the City shall be kept separated from other
revenue of the City and paid into a
proprietary fund which is hereby created, to
be known as the "Stormwater Management Fund".
Such fund shall be used for the purpose of
paying the cost of the stormwater management
facilities to be constructed in the various
storm drainage basins, debt service financing,
and paying the cost of operation,
administration and maintenance of the
stormwater management facilities of the city,
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.
including a pro rata charge for general city
government services as in effect for other
city utilities. To the extent that the
stormwater utility fees collected are
insufficient to construct the needed
stormwater management facilities, the costs of
the same may be paid from such city funds as
may be determined by the city commission, but
the city commission may order the
reimbursement of such fund if additional fees
are thereafter collected. When the fund has
surplus dollars on hand in excess of current
needs, the surplus dollars will be invested to
return the highest yield consistent with
proper safeguards and shall be available to be
used exclusively for stormwater management
expenditures.
Section 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deeded a separate, distinct, and independent
provision, and said holding shall in no way affect the validity of
the remaining portions of this ordinance.
section 4.
This ordinance shall become effective on
October 1, 1991.
PASSED AND ADOPTED this
r g'f!:. day of S6/TC-1ft~~
, 1991.
APPROVED:
CITY OF OCOEE, FLORIDA
Clerk
( SEAL)
ADVERTISED September 5 , 1991
READ FIRST TIME Alle;W:;t 70 , 1991
READ SECOND TIME AND ADOPTED
$e-f'n-""-/H-It )8' , 1991
.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
THIS ~ DAY OF ~'\o.ve.r , 1991-
FOLEY &~.DNE. R APPROVED BY THE OCOEE CITY
~ COMMISSION AT A MEETING HELD
I, IJ/' ON S6-,.,rc-/'..d~t-~ I r , 1991
By: Q...4Y '< ~ . UNDER AGENDA ITEM NO. :1I c:
City Attorney
WP50\OCOE\247.CLN(5)
01-8891 (08/14/91)
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