HomeMy WebLinkAboutItem #08 Amend. to Ch. 150 - Stormwater Management
AGENDA ITEM COVER SHEET
Meeting Date: January 17, 2006
Item # e
Contact Name:
Contact Number:
Tonya Elliott
6003
Reviewed By:
Department Director:
City Manager:
~
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Background Summary:
At the City Commission November 28, 2005 stormwater work shop, staff recommended amending the existing Stormwater
Ordinance to add or modify the category of properties subject to stormwater fee, adopting a new fee structure, and placing the
stormwater fees on the Orange County tax roll.
As the extended deadline to submit all required information to the Orange County is March 1, 2006; staff has prepared the
necessary amendments to Chapter 150 of the City's Codes relating to stormwater management. In summary, the Ordinance will
amend (1) definitions, (2) modify and expand property categories, (3) modify fee structure, (4) enables the City to set fees by City
Commission resolution, and (5) enables the City to place the stormwater fees on the annual County tax rolls.
The property categories subject to a stormwater fee are modified and expanded to include residential category with four (4) distinct
classes based upon the gross square footage (Category A), residential condominiums (Category B), developed non-residential
properties (Category C), and vacant land (Category D).
Issue:
Should the City Commission approve the amendments to Chapter 150 of the City Code relating to
Stormwater Management?
Recommendations
Staff respectfully requests that City Commission approve the amendments to Chapter 150 of the City Code relating
to Stormwater Management
Attachments:
City Ordinance and amended Chapter 150 City Codes
Financial Impact:
n/a
Type of Item:
o Public Hearing
o Ordinance First Reading
~ Ordinance First Reading
o Resolution
o Commission Approval
o Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
For Clerk's Deot Use:
o Consent Agenda
~ Public Hearing
o Regular Agenda
o
o
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
o N/A
~ N/A
o N/A
Mayor
S. Scott Vandergrift
City Manager
Robert Frank
Commissioners
Gary Hood, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Nancy J. Parker, District 4
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
FROM:
Robert Zaitooni, Director of Public Works
DATE:
December 27,2005
RE:
Ordinance Amending Chapter 150 of the City Codes Relating to Stormwater Management
- 2nd Reading
ISSUE
Should the City Commission approve the amendments to Chapter 150 of the City Code relating to Stormwater
Management?
BACKGROUNDIDISCUSSION
At the City Commission November 28, 2005 stormwater work shop, staff recommended amending the existing
Stormwater Ordinance to add or modify the category of properties subject to stormwater fee, adopting a new fee
structure, and placing the stormwater fees on the Orange County tax roll.
As the extended deadline to submit all required information to the Orange County is March 1, 2006; staff has
prepared the necessary amendments to Chapter 150 of the City's Codes relating to stormwater management. In
summary, the Ordinance will amend (1) definitions, (2) modify and expand property categories, (3) modify fee
structure, (4) enables the City to set fees by City Commission resolution, and (5) enables the City to place the
stormwater fees on the annual County tax rolls.
The property categories subject to a stormwater fee are modified and expanded to include residential category
with four (4) distinct classes based upon the gross square footage (Category A), residential condominiums
(Category B), developed non-residential properties (Category C), and vacant land (Category D).
Copies of the Ordinance and amended Chapter 150 are attached.
RECOMMENDATION
Staff respectfully requests that City Commission approve Ordinance amending Chapter 150 of the City Code
relating to Stormwater Management
Chapter 150: STORMW A TER MANAGEMENT
Page 10f2
ORDINANCE NO. 2006-
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 STORMWATER UTILITY FEE BY RESOLUTION
OF THE CITY COMMISSION; AUTHORIZING THE USE OF THE UNIFORM METHOD OF
COLLECTION OF NON-AD VALOREM ASSESSMENTS FOR STORMWATER 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 ofOcoee (Stormwater Management Utility System).
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY
OF OCOEE, FLORIDA AS FOLLOWS:
SECTION ONE. 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 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 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.
Chapter 150: STORMW A TER MANAGEMENT
Page 2 of2
PASSED AND ADOPTED this _ day of
APPROVED:
,2006.
l TTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
~OR USE AND RELIANCE ONLY BY
'HE CITY OF OCOEE, FLORIDA;
lPPROVED AS TO FORM AND
"EGALITY THIS DAY OF
, 2006
ADVERTISED AND
READ FIRST TIME , 2006.
READ SECOND TIME AND ADOPTED
, 2006 UNDER
AGENDA ITEM NO.
rOLEY & LARDNER LLP
ly:
City Attorney
ARTICLE I, Stormwater Management Utility System [Adopted 9-18-1991 by Ord
Page 1 of9
EXHIBIT "A" TO ORDINANCE NO. 2006-
ARTICLE I, STORMW ATER 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 storm water 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 storm water 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 storm water management services, which charges and fees are to
be levied against all tie:, dape:d 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, 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
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ARTICLE I, Stormwater Management Utility System [Adopted 9-18-1991 by Ord
Page 2 of9
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 (me (1)
pared ',yith that ~Wcfatca b) anather Category C Property with Category A Property.
IMPERVIOUS AREA or IMPERVIOUS SURFACE -- 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."
NO~JRESIDENTI/...L PROPERTY Aft} cIe-\'el0pcd let or pEtred ef land not il"l.e1t:lded ',vithin. the
cldinitiem of 1 <:3iekntial pIOp<:It). "Nol'tlc5iacl"l.tial pIop<:rt)" 3hall il'l.dude trEli'i3icnt 1 <:11t&13, ~l1dll\3 hott13
aft.ctll1ot<:b Ma tax e.~tmpt Idi~ioI13. ulttttttiemal, il13tittlti5IH~:l, t5mmcreial Mla indt:l3trial pIClpntit3.
"~J5nre3idemill'l pIopert}" 3hall abo indclde all pr5pertic3 a"ned by go,c:rm1'Kfital entitic3, induding th<:
city, exeept tor publie wEla',YElp Etftcl Ell"ptlrtel1tlnee3 related therete.
R[SIDE~JTL\L PROPERT'! ,A.ft.) let or pMed af Itlft.a de, dal"<:a t;H::ltl3ivd} [;31 Ie3idtlltiftll"tll'l"53e3,
ine:lucliIlg .Jin!l<: fan.J.il) 11(1,111<:3, <:obaOrllilliuld.J, ma11tlftl.ctuI<:.a 11511lC.j, tv v\' 11 IH5111(3, duplExc.J., apartrLGllt
builclinp Eli'id otheI ffltlltit'B.mily 3trl1et111'e3; plo';idcd, 115;, c ,e:r, that I etircment em,cl pl1blid) 6:33i3tecl
fl0tl3ing eoft'll"le)~e3 l'mwiding on :'lite h~alth eare 3~T,'iee3 afe exelttdecl freHl'l thi:'l ae:l1niti0t'1.
VACANT PROPERTY OR UNDEVELOPED PROPERTY -- That property which has nQbJJildings,
structures or improvements.
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ARTICLE I, Stormwater Management Utility System [Adopted 9-18-1991 by Ord
Page 3 of9
~ 150-5. Utility fee.
A. Imposition.
(1) A stormwater utility fee is hereby imposed upon each de, elapecl lot and parcel of
land. whether d~v~lop~doIm undeveloped, within the city for services and facilities provided by the
stormwater management system. For purposes of imposing the stormwater utility fee, all
de','dapui lots and parcels within the city are classified into the following +wtr-four (~1) customer
categories:
(El.) RC3i,kntitll pI Opel!) .
(b) N5Me3ielentiftl propert:,'.
(a) Category A: Category A Property.sh<:111mm~<:1n Developed Property used for the
following purposes: Single- family residenti<:11,townhom~s,mQbil~bom~s,rrmr:rlJf<:1Qt.!Jr~dhome. duplexes
and triplexes. Category A Property shall be further subdivided into the following classes:
(i)Cl<:1ssJ: Up to 1199 S.F. of impervious surface
(ii) Class 2: B~tw~~J1 1200 to 1999S,E'mo[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
(b) Category B: Category B Property shall mean Developed Property used as residential
condominiums.
(c) Category C: Category C PropertYsh<:111mm~gn Developed Property used for the
following purpoS.~s:CQmm~rcial. industrial. professiongl,offk~'mmixed-use d~ydQPm~nt,fo..!JIPkx~s,
apartments. and any other use not included within Category A Property or Category B Property.
(d)
property.
Category n:mC<:1t~gOrymDmProp~rty shall mean Vacant Land.QLUndeveloped
(2) The City Manager or his designee is directed to prepare a list of cleyd0p<:d lots and
parcels within the city and assign a Q<:1t~goIy.~mdc1assification of Ioiclential or 1'I.511ft3iden.tial ta to....each
such lot or parcel. The City Manager or his designee shall update such list each Gal~ndaLY~<:1.r in order to
reflect changes toal1yJotoI parcel of land. Once a parcel or lot is classified as required above. its
d~sign<:1tiQJ1willI~mainjndfect for the c'll~nd<:1Ly~aI. regardless of any chang~JoJh~n<:1tm~oL.!Js~mof
the parcel or lot within the c.al~nd<:1LY~<:1r-'-.....LandS<lJUlexed into the city will be classified by the City
Manager or his designee followil1ga11l1~xation into the city and will become sllbj~Q1JQP1:iyment of the
stQImwater utilityf~~fQllQwing 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 ~
de ,doped pr5perty using the services and facilities of such system:
(1) Re3iclential. Eaeh re3iden.tial pr5poty 3flall be bilkd fl flat fee ba3ea ~(m one (1) ERU
multiplied by the llUfllber of indiyiclual j',,,'elling t:ll'I.it3 ni3ti1'l.g 01'1. 311efl pr5perty. Resirlerrtial. Category
A Property: The fee imposed for Catego:ryAmPIQP~Ity shall be atlatmf~~p~r dwelling .!Jnit OJ1mS.!Jch
+.la.//f\.\ ^ ,.l~:~:n"'_~"':~_\n"'n.c.c_____..._\ T___ 1 "7 r'I~~. r'I.a ,0. .. /L
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ARTICLE I, Stormwater Management Utility System [Adopted 9-18-1991 by Ord
Page 4 of9
propertybasedlJponitsGlass,asdefinedinparagraphA( 1 )( a) above.
(2) Category B: The fee imposed for Category B Property shall be a flat fee per dwelling
unitonslJGhpmperty.
(2) Ne,fi1 oickntil1l. Tl-I~ fCE inl}503ed fu1 mmre3iclential }51 0}5~1 tiC:3 113 ckfined 1.0 tit. :31.11:11 be
ba:3~cl 0n the nl1nlbn of ERU'3 ',..-hieh 3haIl be cleterrn.inecl fur eaeh n0m~3iclential }51 5}5~1 t) e,ll the ba3i3
5hhe ifl1}3e:rvi6U3 Mea 5n 3tleh }3n~l"erty. The Ill:lmbcr ef ERU's fer eaeh flel'l'fe3idential }5Yel"erty shall be
ealn1latea in a(earaafiee "itll the folleni',-int; furnmla; }5r0>,-idd, hey,-e, e1. tll!tt eaeft noflI~3id<::ntial
}51 O}5el rj" :3hall be billecl ba3ecl U}301"l. a minimum of {)lice (1) [RU.
(3) Category C Property: The fee imposedforCategoryC_Pmperty shall be based on the
nmnber of ERUs_GalGlJlat.edjn accordance with the following fOl]1lula; provided, however, that each C
Property shall bebiUedbasedlJponaminimum of one (1) ERU:
Impervious Area (square feet)
Number ofERU's
2,054 square feet
(4) Category It_IheJeejmposed for CategoryDmPmpertyshalLhehasedmol] a per acre
basisJorJheJotal number of aGreS,OLPonion thereof, ofeaGhlotOIparcel.
For }510}5[11')' da:3si:fiecl as 1"I.5fl1<::siJel'ltial and de, dO}5cd a3 a W1d111Ueit\:1 earld011'li1"l.imh, the total bill ftlf
:3\1eh }5r5l"elt} 311a11 be si',idea ameflt; the ee1l11"1.1.eyeial ecma5miniuI11 \1nits with eaeh 3l:leL unit beint;
assigl'lea a pre rata 3fta:re of the total illl1ger,-iotls area far the entire n5nrcsiaemiul }5r0}3erty: prO\iJea,
110 He ,[I, that eaeh stlch e511'111loeial wndomini\1fil tmit 3h.all be billed bfi:3ecl t\'fJau a miftim\1I11 of one (1)
[RU. The 1"I.tlmb[1 of [RU':3 ealeulatea in aCtol clEI1"I.Ce (\'ith the aba, e fon".mla 3hall be 1'0 tl1"l.Ikd to tfte
1"I.ea:re3t 01"l.e teftth (1/10) or aft [RU.
~ 150-6. Schedule of rates.
A. Th<:: 315Inl "atcI tltilit) fee :3haIl be ehmged at the rate of fem aoIlau alIa fift! ee1\t3 ($1.50) per
1l15nth far eaeh [RU. [fK.:eti,e OcMb<::r 1,1998, the 3t51'fiHd'l'ter utilit, fce :3ftall be eLt\:rgea at a rate 5f
fiT;e ciClllMS ($5.) per fi1anth for eaeh ERU. The nUffiber of ERU':3 !:'tfJplieahle to (aeh ae ;el5}5eclltlt or
pmecl :3hall be caktllaruf in aeemdanee with tLe plo,i:3i5n3 af ~ 150 5 hoeoL Canlme1"l.eint; in 1999 tina
each) e:t\:1 thoul:fto, the Cit) C tll'll'I'l'li33i0n 3hall an11tlall) Ie, ie" the: 1 atc3 utabli3hccl b} thb 3~etia1"l. in
5lckl to make 3m:h. 1[, i3im1:3 Male neee:33m} t5 Ica.'301\tibl) <:0, (:1 the e53t of }5rCl, iaint; 3t0mr,r;Ef1:er
management 3er,'iee3. StOlJJI.wateLlJtility rates for eaGhGategQl)'and class shall be established by the
City Commission by resolution adopted after a public hearing preceded by at least seven days' written
notiGeoflheh~aring 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 JoJhembeginning of the
billing period in which the resolution is passed.
B. StormwateLlJtilityrates in effect on January J,2QQ6.willremainjn~ffect 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 Ol1jtSGlJstomer class existing prior to)anlJarYml,
2QQ<L
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ARTICLE I, Stormwater Management Utility System [Adopted 9-18-1991 by Ord
Page 5 of9
~ 150-7. Billing and collection of fees.
A. The storm water utility fee shall be billed and collected with the monthly utility bill for those
dc.ele~ea lots or parcels utilizing city utilities. The stormwater utility fee shall be billed and collected
separately for thosc at, ele~ea lots or parcels and owners thereof not utilizing other city utilities.
B. For e~eh :3illgk ftll'nil) 01 !t1(Jbik hOlu[ loidoltial dl1it CC:lJ~gQryAmProperty, 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 ea.eh fl.mltifanlily le::3ia<:l'ltia.l1:lnit 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 ';:ha :3h~ll be lo~e,n3ibk
fOI payl1'l~l'I't th<:r<:o[. Fm' l"lam:oiclwtial 131 opel 1) , tIl<: bill 3ht\:1l be: 3<:fit to th<: a<:eotl11t halan af the
incli\'iclual "fiter meter, or if there i3 n5 incli','icltlfil meter, theft the tatfil bill 3hall be 3mt to the fweaunt
ftolcln of the l"l1B:3ter mdey, or if there is no master meter, then to the property owner.mEQICat~gQrymD
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-e1', tenant or persQlJQth~rJhanJh~mQwnerof any ek ,eloped lot or
parcel shall receive a storm water utility bill pursuant to this chapter and shall fail to pay such bill, then
the owner of such clc.el5ped 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 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
de';elopecl pn}~erty anyJQ1Qrparc~1 whenever the City Engineer 'C..i!y determines that such owner, tenant
or occupant has been underbilled or has not been sent a bill for storm water utility fees as provided by
this ehtl~teY Chapt~I; provided, however, that the city may not bill for any period greater than twelve
(12) months from the date the City Engineer 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.
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ARTICLE I, Stormwater Management Utility System [Adopted 9-18-1991 by Ord
Page 6 of9
~150:-7.1 Alternative Method of Billing andCQUection of Fees
A. As an alternative to the monthly billing of the storm water utility fees as they are from time-to-
time established by Iesollltiol1 pursuant to theprovisiousofthischapter,Jhecity may utilize thellnifoIill
method for levy 'mcoJlection,and_e.l1forcemenlo[nol1.::Jdmvalorenl assessments as providedminmSection
197.3632, Florida Statutes, for such stormwateIl..ltility[ees.
LmmmmJn the event that the city utilizes the uniform method for the levy, collection, and enforcementof
non-ad valorem assessments for the collection of storm water utility fees, the city shall continue to use
the other billing and collection methodsprovidedmin this Chapter for the billing and collection_of
stormwater fees tbataIeml10LincllJdedmOll the assessme.l1LrolLadopted_tmrSl..lallLto_ChflPteL197, Florida
Statutes.
~ 150-8. City Engineer; Director of Public Works; powers and duties.
A. The City Engineer ancip.IJblicWorksDirectOIshall jointly have the following powers, duties and
responsibilities with respect to this eka15tcr 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, and propose_xevisiO.l1sJhereto.
(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 l"lol'lrc~ielel'ltifil 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.
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ARTICLE I, Stormwater Management Utility System [Adopted 9-18-1991 by Ord
Page 70f9
(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.
I
(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.
D. Th<:: Dinet<H of Ptlblie Wo1b 3hall ha, e thc 1'0110 ,'\ing po ,,<::13, dutic3 ar.d 1E3pon3ibilitie3 "ith
re3peEt to thi3 EhaJ3t<::l aficl thE tit) '3 3t<Hl'fi"Me:r fi1ltl"tagGmel"tt 3) 3te:rn.
(14) To plan and execute the performance of routine maintenance and minor
improvements to the city's stormwater management system.
(l5.) To perform acts incidental and/or necessary to the efficient and effective
operation of the storm water management system.
~ 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 eh.tl'l3tcr Chapt~I 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. /JI reqlic3t3 ';,-ith re~13(':et to 1"l<Hile3iaential l'lw13crty 3B.all be
jtldged Oft the ba3i3 af the a1hotmt of impel ,-iom MeEt on the 3ite. No enait 3hall Credit up to twenty
percent (20%) of a party's total stormwater fee may be given for the installation of approvedstQrmwat~I
mm1agement facilities required by the eiti 01 Wtl1"lt) aevda13l'llC1"lt eOde3 a1 3tatc "ater l'llal1llgelilcnt
di3triet 3tOYny,,,'ater ftilc~Gi.tymI~g:lllatiQn.s. The following procedures shall apply to all adjustment
requests of the stormwater utility fee:
(1) Any owner, tenant or occupant who has paid histh~I stormwater utility fee and
who believes histher 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
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ARTICLE I, Stormwater Management Utility System [Adopted 9-18-1991 by Ord
Page 8 of9
his/h~r 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 Engineel': 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.
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)
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ARTICLE I, Stormwater Management Utility System [Adopted 9-18-1991 by Ord
Page 9 of9
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