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HomeMy WebLinkAboutOrdinance 2006-002 ORDINANCE NO. 2006-002 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING AND RESTATING ARTICLE I OF CHAPTER 150 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE REGARDING THE CITY'S STORMWATER MANAGEMENT UTILITY SYSTEM; AMENDING DEFINITIONS; AMENDING THE CATEGORIES OF PROPERTY TO WHICH STORMWATER UTILITY FEES APPLY; DELETING THE SCHEDULE OF RATES; PROVIDING FOR ADOPTION OF THE STORMW ATER UTILITY FEE BY RESOLUTION OF THE CITY COMMISSION; AUTHORIZING THE USE OF THE UNIFORM METHOD OF COLLECTION OF NON-AD VALOREM ASSESSMENTS FOR STORMW ATER UTILITY FEES; AMENDING THE POWERS AND DUTIES OF THE CITY ENGINEER AND PUBLIC WORKS DIRECTOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to amend Article I of Chapter 150 of the Code of Ordinances of the City of Ocoee (Stormwater Management Utility System). NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA AS FOLLOWS: SECTION ONE. Authoritv. 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 Chapter 166, Florida Statutes, and Section 403.0893, Florida Statutes. SECTION TWO. Amended and Restated Article I of Chapter 150. Article I of Chapter 150 of the Code of Ordinances of the City ofOcoee, Florida, is hereby amended to read as follows: See Exhibit "A" attached hereto, and by this reference made a part hereof. SECTION THREE. 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 FOUR. 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 re- lettered 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 ORLA_397822.1 ordinance may be renumbered or re-lettered and the correction of typographical errors which do not affect the intent maybe authorized by the City Manager, without need of public hearing, by filing a corrected or re-codified copy of same with the City Clerk. SECTION FIVE. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this \ 1*ctay of -:rzw")l,tM~ llC00, 2006. APPROVED: ATTEST: ;:F;;~~ S. Scott Vandergrift, Ma or (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND L~ITY THIS -12- DAY OF ~1A."JiJ..'7 ' 2006 FOLEWNE~LLP JI ;} By: (~ City Attorney ADVERTISED ,J"3r\ .1( I-r.? ;1..col..P READ FIRST TIME~. 4 ,2006. READ SECOND TIME AND ADOPTED -:rdnl-\.3'ft \. ,2006 UNDER AGENDA IT M NO. ~ ORLA_397822.1 EXHIBIT "A" TO ORDINANCE NO. 2006-001!. ARTICLE I. STORMW A TER MANAGEMENT UTILITY SYSTEM ~ 150-1. Title. This article shall be known and may be cited as the "Stormwater Management Utility System Article. " ~ 150-2. Authority. The city is authorized by the Florida Constitution and the provisions of Chapter 166 of the Florida Statutes and Section 403.0893 of the 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 establish just and equitable rates, fees and charges for the services and facilities provided by the system. ~ 150-3. Findings and determinations. It is hereby found, determined and declared as follows: A. Those elements of the stormwater management utility system which provide for the collection of and disposal of storm and surface water and the 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. B. The cost of operating and maintaining the city stormwater management utility system and financing necessary repairs, replacements, improvements and extensions thereof should, to the extent practicable, be allocated in relationship to the benefits enjoyed and services received therefrom. C. It is the intent of this article 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 property within the city to accomplish the purposes of such utility. ~ 150-4. Definitions. The following words when used herein shall have the meanings indicated, unless the context clearly indicates otherwise: CITY UTILITIES -- Water, sewer, garbage, trash and/or stormwater utility services available to lands located in the city. DEVELOPED PROPERTY or DEVELOPED LOT OR PARCEL -- That property which has been altered from its natural state by the addition of any improvements, such as a building, ORLA_397863.2 structure, impervious surface, a 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: A. The issuance of a certificate of occupancy or upon completion of construction or final inspection, if no such certificate is issued, or B. The 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 -- Any residential space identified for habitation by members of the same family or as classified by the City Building or Zoning Codes. EQUIV ALENT RESIDENTIAL UNIT or ERU -- 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 Category C Property with Category A Property. IMPERVIOUS AREA or IMPERVIOUS SURF ACE -- 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." VACANT PROPERTY OR UNDEVELOPED PROPERTY -- That property which has no buildings, structures or improvements. ~ 150-5. Utility fee. A. Imposition. (1) A stormwater utility fee is hereby imposed upon each lot and parcel of land, whether developed or undeveloped, within the city for services and facilities provided by the stormwater management system. For purposes of imposing the stormwater utility fee, all lots and parcels within the city are classified into the following four (4) customer categories: (a) Category A: Category A Property shall mean Developed Property used for the following purposes: Single-family residential, townhomes, mobile homes, manufactured home, duplexes and triplexes. Category A Property shall be further subdivided into the following classes: (i) Class 1: Up to 1199 S.F. of impervious surface (ii) Class 2: Between 1200 to 1999 S. F. of impervious surface (iii) Class 3: Between 2000 to 2999 S.F. of impervious surface (iv) Class 4: 3000 and over S.F. of impervious surface 2 ORLA_397863.2 (b) Category B: Category B Property shall mean Developed Property used as residential condominiums. (c) Category C: Category C Property shall mean Developed Property used for the following purposes: Commercial, industrial, professional, office, mixed-use development, fourplexes, apartments, and any other use not included within Category A Property or Category B Property. (d) Property. Category D: Category D Property shall mean Vacant Land or Undeveloped (2) The City Manager or his designee is directed to prepare a list of lots and parcels within the city and assign a category and classification to each such lot or parcel. The City Manager or his designee shall update such list each calendar year in order to reflect changes to any lot or parcel of land. Once a parcel or lot is classified as required above, its designation will remain in effect for the calendar year, regardless of any change to the nature or use of the parcel or lot within the calendar year. Lands annexed into the city will be classified by the City Manager or his designee following annexation into the city and will become subject to payment of the stormwater utility fee following such annexation. 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 using the services and facilities of such system: (1) Category A Property: The fee imposed for Category A Property shall be a flat fee per dwelling unit on such property based upon its class, as defined in paragraph A(1)(a) above. (2) Category B: The fee imposed for Category B Property shall be a flat fee per dwelling unit on such property. (3) Category C Property: The fee imposed for Category C Property shall be based on the number of ERUs calculated in accordance with the following formula; provided, however, that each Category C Property shall be billed based upon a minimum of one (1) ERU: Impervious Area (square feet) Number ofERU's 2,054 square feet (4) Category D: The fee imposed for Category D Property shall be based on a per acre basis for the total number of acres, or portion thereof, of each lot or parcel. 3 ORLA_397863.2 ~ 150-6. Schedule of rates. A. Stormwater utility rates for each category and class shall be established by the City Commission by resolution adopted after a public hearing preceded by at least seven days' written notice of the hearing and the proposed action by publication in a newspaper of general circulation in the City of Ocoee. The resolution may provided that the new rate be retroactive to the beginning of the billing period in which the resolution is passed. B. Stormwater utility rates in effect on January 1, 2006 will remain in effect until such time that the City Commission adopts a new rate resolution establishing new rates and the rates adopted pursuant to such resolution becomes effective. Further, until such new rate resolution is adopted, all parcels and lots within the city shall pay a stormwater fee based on its customer class existing prior to January 1,2006. ~ 150-7. Billing and collection of fees. A. The stormwater utility fee shall be billed and collected with the monthly utility bill for those lots or parcels utilizing city utilities. The stormwater utility fee shall be billed and collected separately for those lots or parcels and owners thereof not utilizing other city utilities. B. For Category A Property, 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 Category B Property and Category C 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. For Category D Property, the bill shall be sent 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 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. In addition to any other remedies or penalties provided by this chapter or any 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, tenant or person other than the owner of any lot or parcel shall receive a stormwater utility bill pursuant to this C\chapter and shall fail to pay such bill, then the owner of such 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, 4 ORLA_397863.2 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 additional 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 update the billing for the stormwater utility fee to the owner, tenant or occupant of any lot or parcel whenever the city 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 bill for any period greater than twelve (12) months from the date the City Manager or his designee notifies such owner, tenant or occupant of such underbilling or nonbilling. In any event, the owner, tenant or occupant may amortize the payments of the amount due up to the same period for which the city issued the updated bill not to exceed twelve (12) months. ~ 150-7.1 Alternative Method of Billing and Collection of Fees A. As an alternative to the monthly billing of the stormwater utility fees as they are from time-to-time established by resolution pursuant to the provisions of this chapter, the city may utilize the uniform method for levy, collection, and enforcement of non-ad valorem assessments as provided in Section 197.3632, Florida Statutes, for such stormwater utility fees. B. In the event that the city utilizes the uniform method for the levy, collection, and enforcement of non-ad valorem assessments for the collection of stormwater utility fees, the city shall continue to use the other billing and collection methods provided in this Chapter for the billing and collection of stormwater fees that are not included on the assessment roll adopted pursuant to Chapter 197, Florida Statutes. ~ 150-8. City Engineer; Director of Public Works; powers and duties. A. The City Engineer and Public Works Director shall jointly 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. 5 ORLA_397863.2 ORLA_397863.2 (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, and propose revisions thereto. (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 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 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 stormwater management system. (13) 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. (14) To plan and execute the performance of routine maintenance and mInor improvements to the city's stormwater management system. (15) To perform acts incidental and/or necessary to the efficient and effective operation of the stormwater management system. 6 ~ 150-9. Site inspections. The City Engineer, Public Works Director, 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. ~ 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 authority to develop and administer the procedures and standards for the adjustment of fees as established herein. Credit up to twenty percent (20%) of a party's total stormwater fee may be given for the installation of approved stormwater management facilities required by city regulations. The following procedures shall apply to all adjustment requests of the stormwater utility fee: (1) Any owner, tenant or occupant who has paid his/her stormwater utility fee and who believes his/her 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) The owner, tenant or occupant requesting the adjustment may be required, at his/her 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. (4) Adjustments to the stormwater fee will be made upon the granting of the adjustment request, in writing, by the City Engineer and approval thereof by the Public Works Director. 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. ~ 150-11. Establishment of fund. 7 ORLA_397863.2 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, 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. ~~ 150-12 through 150-19. (Reserved) 8 ORLA_397863.2