Chapter 13.20
STORMWATER MANAGEMENT

Sections:

13.20.010    Findings.

13.20.020    Purpose.

13.20.030    Definitions.

13.20.040    Request for service, initiation of billing.

13.20.050    Stormwater service charges.

13.20.060    Stormwater service charges – Billing.

13.20.070    Stormwater service charges – When delinquent.

13.20.080    Delinquent charges – Lien.

13.20.090    Appeal.

13.20.100    Right of access.

13.20.110    Tampering with system.

13.20.120    Compliance required.

13.20.130    Violation – Penalty.

13.20.140    Classification.

13.20.010 Findings.

The city council of the city of Dundee finds as follows:

A. The city of Dundee provides a valuable public service by operating and maintaining a stormwater system for the collection and disposal of stormwater and other runoff water discharged from impervious surfaces in the city and from the public rights-of-way within the city. The stormwater system constitutes a public utility owned and operated by the city of Dundee. The utility exists to provide a municipal service in a developed or developing urban environment which is essential to the public health, safety and welfare. The services provided are one step in the city’s efforts to comply with state and federal laws pertaining to stormwater discharges. Effective management of stormwater flow helps keep public rights-of-way free of flooding, thereby improving personal and emergency access for all users of the city’s transportation system and protecting property.

B. Every person that uses property has an obligation to take actions necessary to minimize or eliminate detrimental water quantity and quality impacts on other persons or property that result from such use. One aspect of that obligation is the control of the flow of surface water from the property, if the person’s use includes alteration of the property in any way that increases the flow of surface water from the property.

C. Users of property who use stormwater drainage services ought to be charged rates that recover the cost of operating and improving the stormwater system in the city. Users of property ought not be compelled to use this utility, nor to pay utility charges, if the utility is not to be used by the person. Users of property who undertake the installation of facilities on the property that reduce or eliminate the discharge of runoff into public stormwater drainage facilities ought to be given credit, in proportion to the degree of reduction, against stormwater utility charges that would otherwise be due. Accordingly, the structure of the stormwater utility is intended to be a fee for service and not a charge against property. Although this structure is intended to constitute a service charge, if it is determined to be a charge against property or against a property owner as a direct consequence of ownership of that property, the utility’s rate structure should allow the owner the choice of using the system and give the owner the ability to control the amount of the charge. Similarly, the utility’s rate structure should reflect the actual costs of providing the service and not impose charges on persons not receiving a service. The actual costs may include all costs the utility might incur were it in private ownership.

D. The city council finds that persons using water from the city’s water system may use water for irrigating lawns and gardens, washing structures, sidewalks and parking lots, and for other activities which may result in the discharge of runoff into the city’s stormwater system. These uses of water establish a relationship between customers’ use of the city water system and their use of the city stormwater system. [Ord. 345 § 1, 1997].

13.20.020 Purpose.

The city finds and declares that absent effective maintenance, operation, regulation and control, existing stormwater drainage conditions in all drainage basins and subbasins within the city constitute a potential hazard to the health, safety and general welfare of the city. The city council further finds that natural and manmade stormwater facilities and conveyances together constitute a stormwater system and that the effective regulation and control of stormwater can best be accomplished by the city. [Ord. 345 § 2, 1997].

13.20.030 Definitions.

“City” means the city of Dundee, a municipality, and its authorized employees.

“City council” means the city council of Dundee.

“Customer” means a person in whose name service is rendered as evidenced by the signature on the application/contract for stormwater, sanitary sewer or water service or, in the absence of a signed instrument, by the receipt and payment of bills regularly issued in his/her/its name.

“Developed” means an area which has been altered by grading or filling of the ground surface, or by construction of any improvement or other impervious surface area, which affects the hydraulic properties of the location,

“Equivalent service unit (ESU)” means a configuration of development or impervious surface estimated to contribute an amount of runoff to the city’s stormwater system which is approximately equal to that created by the average developed single-family residence within Dundee. One ESU is equal to 3,000 square feet of impervious surface area.

“Impervious surface” means that hard surface area which either prevents or retards the entry of water into the soil mantle and/or causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions. Impervious surfaces may include, but are not limited to, rooftops, concrete or asphalt paving, walkways, patios, driveways, parking lots or storage areas, trafficked gravel, and oiled, macadam or other surfaces which similarly impede the natural infiltration or runoff of stormwater.

“Improved premises” means any area which the public works department determines has been altered such that the runoff from the site is greater than that which could historically have been expected. “Improved premises” does not include public roads under the jurisdiction of the city, county, state or federal government.

“One- or two-family residential” means an area which is improved with one or two attached single-family dwelling units for occupancy each by a single family or a similar group of people, provided each dwelling has a separate billing within the city’s utility billing system.

“On-site mitigation control system” means a stormwater drainage facility which the public works department has determined prevents the discharge or substantially reduces the discharge of stormwater or nonpoint source pollution into a receiving water or public stormwater system facility.

“Person responsible” means the occupant, lessee, tenant, contract purchaser, owner, agent or other person having possession of property, or if no person is in possession, then the person in control of the use of the property, or in control of the supervision of development on the property.

“Stormwater” means water from precipitation, surface or subterranean water from any source, drainage and nonseptic wastewater.

“Stormwater service” means the operations of the city’s stormwater utility in providing programs and facilities for maintaining, improving, regulating, collecting, and managing stormwater quantity and quality within the city’s service area.

“Stormwater system” means any structure or configuration of ground that is used or by its location becomes a place where stormwater flows or is accumulated, including but not limited to pipes, sewers, curbs, gutters, manholes, catch basins, ponds, creeks, open drainageways and their appurtenances. “Stormwater system” does not include the Willamette River.

“Undeveloped” means any area which has not been altered by grading or filling of the ground surface, or by construction of any improvements or other impervious surface area, which affects the hydraulic properties of the location. [Ord. 466-2008 § 1; Ord. 345 § 3, 1997].

13.20.040 Request for service, initiation of billing.

A request for water service constitutes a request for stormwater service and will initiate appropriate billing for stormwater services as established by this chapter. If development of a parcel does not require initiating water service, the creation of an improved premises from which stormwater may be discharged into the public stormwater system shall constitute a request for service and initiate the obligation to pay the fees and charges authorized by this chapter. [Ord. 345 § 4, 1997].

13.20.050 Stormwater service charges.

A. Except as the charges may be reduced under subsection (C) of this section or avoided under subsection (D) of this section, the obligation to pay stormwater service charges arises whenever there is a request for stormwater service for an improved premises. Unless another person responsible has agreed in writing to pay and a copy of that writing is filed with the city, the person receiving the city’s water utility charge bill shall pay the stormwater charges as set by city council resolution. If there is no water service to the property or if water service is discontinued and the property is an improved premises, the stormwater charges shall be paid by the person responsible for the property. The person required to pay the charge is hereafter referred to as the “customer.”

B. The city council may by resolution establish fees and charges necessary to provide and operate a stormwater system and service.

C. Upon completion of an on-site mitigation credit application, a customer of the utility may request a reduction of the stormwater service charge. The service charge will be reduced in relation to the customer’s ability to demonstrate that on-site stormwater facilities meet or exceed the city’s standards for stormwater quantity and quality control at that site. Any reduction given shall continue until the condition of the property is changed or until the public works department determines the property no longer qualifies for the credit given. Upon change in the condition of the property, another application may be made by a customer. The city council may by resolution establish guidelines to be used in administering and approving an on-site mitigation credit application.

D. Service charge avoidance may be requested through application to the public works department. The criteria for waiver of the service charge as it applies to a specific customer includes total retention of stormwater with no effective discharge to the city’s stormwater system; the petitioner’s ability to demonstrate through hydrologic/hydraulic analysis that the site receives no stormwater service from the city’s stormwater system; and proof that stormwater facilities are constructed and maintained to city standards.

E. For the purposes of this chapter, dry wells are not an on-site mitigation control system eligible for service charge reduction or service charge avoidance because of the potential water quality impact that dry wells may have on the city’s groundwater resources. [Ord. 466-2008 § 2; Ord. 345 § 5, 1997].

13.20.060 Stormwater service charges – Billing.

A. Charges for stormwater service supplied by the city to any customer shall be charged for and billed to each such customer in accordance with rates established by the city council. Stormwater service fees and charges as established by the city council shall be added to and made a part of the billings for water and sewer service.

B. The customer shall be responsible for all stormwater service fees and charges, except as allowed by DMC 13.20.050. The city may require deposits prior to providing stormwater service or, in lieu of a deposit, obtain a signed agreement from the property owner, whether the customer or not, that they will be ultimately liable for the charges and that the city may use a lien as one method to secure payment if the charges are not paid.

C. Billings may be prorated. The proration shall be a daily rate determined by dividing the annual minimum billing by 365 days times the number of days of occupancy from last meter reading and/or billing date. [Ord. 345 § 6, 1997].

13.20.070 Stormwater service charges – When delinquent.

A. The city shall prepare and mail billings to customers in a timely manner. The billings are due and payable upon the rendering thereof and shall be delinquent if not paid by 5:00 p.m. on the twentieth calendar day from the date of billing.

B. A delinquent fee, in an amount established by resolution of the city council, shall be added to the outstanding charges on the twenty-first calendar day from the date of billing.

C. The city administrator (or designee) is authorized to determine what constitutes a de minimis account balance and to waive the penalties in subsections (B) and (C) of this section in de minimis or extenuating circumstances.

D. In addition to other lawful remedies, the city administrator may enforce the collection of charges authorized by this chapter by withholding delivery of water to any premises where the stormwater service fees and charges are delinquent or unpaid. However, the city administrator shall not deny or shut off water service to any subsequent tenant based upon an unpaid claim for services furnished to a previous tenant who has vacated the premises. [Ord. 345 § 7, 1997].

13.20.080 Delinquent charges – Lien.

If the property owner elects pursuant to DMC 13.20.060 to authorize the use of a lien on real property to secure stormwater charge payment in lieu of a security deposit, all stormwater charges shall be a lien against the premises served from and after the date of billing and entry on the ledger or other records of the city pertaining to its municipal stormwater system, and such ledger record or other record shall be made accessible for inspection by anyone interested in ascertaining the amount of such charges against the property. Whenever a bill for stormwater service remains unpaid 60 days after it has been rendered, the lien thereby created may be foreclosed in the manner provided for by ORS 223.610 or in any other manner provided by law or city ordinance. [Ord. 345 § 8, 1997].

13.20.090 Appeal.

Any customer aggrieved by any determination made with regard to the customer’s account or a decision on charge reduction or avoidance may request a review thereof to the city administrator or administrator’s designee by filing with the city a written request not later than 10 days after receiving the initial determination. The city administrator will issue a written decision on the review request within 14 days of the date of the written request of the aggrieved customer. The city administrator’s or designee’s decision shall be subject to review by the city council upon filing of an appeal within seven days of the date of the notice of the decision. [Ord. 345 § 9, 1997].

13.20.100 Right of access.

Employees of the city shall be provided access during regular business hours to all parts of the premises which include portions of the city’s stormwater drainage system for the purpose of inspecting the condition of the pipes and fixtures and the manner in which the system is used. Should there be no one available on the premises, notice will be provided to the owner, tenant, occupant or their agent that arrangements must be made to allow the inspection. [Ord. 345 § 10, 1997].

13.20.110 Tampering with system.

A. No unauthorized person shall damage, destroy, uncover, deface or tamper with any conduit, structure, appurtenance or equipment which is a part of the stormwater system.

B. The city administrator or administrator’s designee may adopt such rules and regulations as are necessary to protect the stormwater system and the public health, safety and welfare. Violation of said rules or regulations is deemed a violation of this chapter and shall be punished accordingly. [Ord. 345 § 11, 1997].

13.20.120 Compliance required.

The provisions of this chapter must be strictly complied with in every instance, and service must be paid for by all premises supplied, according to the rates established by the city council. Exceptions to these provisions shall be made only upon the written authorization of the city administrator or the administrator’s designee. [Ord. 345 § 12, 1997].

13.20.130 Violation – Penalty.

Any person, firm or corporation violating any provisions of this chapter shall be subject to a civil penalty of not less than $25.00 nor more than $500.00 for each violation, and a separate violation shall be deemed committed on each day during or on which a violation occurs or continues. [Ord. 345 § 13, 1997].

13.20.140 Classification.

The city council determines that the fees imposed by this chapter are not taxes subject to the property tax limitations of Article XI, Section 11(b) of the Oregon Constitution. [Ord. 345 § 14, 1997].