Chapter 13.46
STORMWATER SYSTEM
ENTERPRISE FUND
Sections:
13.46.010 Purpose and scope.
13.46.020 Definitions.
13.46.030 Revenue source.
13.46.040 Establishment of service charge.
13.46.045 Exemption.
13.46.050 Calculation of service charges.
13.46.060 Collection, interest and penalties.
13.46.070 Delinquent charges remedies.
13.46.010 Purpose and scope.
The City of Livermore stormwater enterprise fund is hereby established to provide funding for the stormwater management and discharge control program. The stormwater enterprise shall include:
A. All activities and resultant expenses related to the Alameda Countywide Clean Water Program;
B. All activities and resultant expenses related to the City’s national pollutant discharge elimination system (NPDES) permit which authorizes and regulates discharge from the city stormwater collection and conveyance system;
C. All activities and resultant expenses associated with the maintenance and operation of the stormwater collection and conveyance system;
D. Capital expenses associated with the repair or replacement of the stormwater collection and conveyance system;
E. All expenses associated with the maintenance and operation of any stormwater treatment system which may be prospectively required by federal or state law;
F. All expenses for any activities directly related to any of the foregoing. (Ord. 2065 § 1(A), 2018; Ord. 1498 § 2, 1997; Ord. 1380 § 1, 1992)
13.46.020 Definitions.
For the purpose of this chapter, the following words and phrases shall have the following meanings:
A. “Land use category” means that category of land use assigned to a parcel of real property as described in LMC 13.46.050.
B. “Parcel” means a unit of real property in one ownership as shown on the most current assessment roll of the Alameda County Assessor.
C. “Parcel size” means the area of a parcel, measured in acres, as determined from records maintained by Alameda County or the City.
D. “Runoff factor” means the indicator of stormwater generation of a parcel and is based on the average ratio of impervious area to total parcel area for a category of land use. (Ord. 2065 § 1(A), 2018; Ord. 1380 § 1, 1992)
13.46.030 Revenue source.
The City of Livermore stormwater enterprise fund shall derive revenue from all of the following sources:
A. Reimbursements, grants and/or subventions made available through the Alameda County urban runoff clean water program;
B. Reimbursements, grants and/or subventions made available by any other governmental entity for the purpose of supporting any of the activities of the City of Livermore stormwater management and discharge control program;
C. Service charges assessed by the City in accordance with the provisions of this chapter. (Ord. 2065 § 1(A), 2018; Ord. 1380 § 1, 1992)
13.46.040 Establishment of service charge.
Every person or entity owning real property within the City, or owning property not within the incorporated City limits but discharging stormwater to a collection and conveyance system owned and operated by the City shall pay a service charge calculated in accordance with the provisions of LMC 13.46.050. (Ord. 2065 § 1(A), 2018; Ord. 1380 § 1, 1992)
13.46.045 Exemption.
If a property owner demonstrates to the satisfaction of the water resources manager that his or her property has no stormwater runoff, that property shall be exempt from the City’s stormwater service charge. (Ord. 2065 § 1(A), 2018; Ord. 1498 § 4, 1997)
13.46.050 Calculation of service charges.
Service charges shall be set from time to time by resolution of the City Council using the following formula:
A. Annual Service Charge:
[rate/acre] x [parcel size] x [runoff factor]
|
Group |
|
|
|
|---|---|---|---|
|
(Land use Category) |
Description |
Runoff Factor |
Minimum Charge |
|
A |
Commercial & industrial |
.8 |
1/4 acre |
|
B |
Institutions & apartments |
.6 |
1/4 acre |
|
C* |
Single-family residential & small multiples (4 units maximum) |
.4 |
1/4 acre, any portion of a parcel over 1/4 acre calculated at Group E runoff factor |
|
D |
Vacant land used for farming, vineyards, irrigated crops, parks, etc. |
.005 |
1/2 of Group C minimum charge |
|
E |
Vacant land – Undisturbed, not tilled, planted or irrigated |
.003 |
1/2 of Group C minimum charge |
* Basic Rate
B. There shall be added to the service charge calculated for any property classified in Group A (commercial and industrial) a surcharge of 10 percent of the annual service charge to recover the costs associated with the commercial/industrial inspection program required by the NPDES permit issued to the City.
C. The stormwater management and discharge control program rate shall be $180.00/acre/year, which will automatically be adjusted annually to reflect any increase in the Consumer Price Index. This rate shall be used in the calculation of all charges in accordance with the formula specified in this section. (Ord. 2065 § 1(A), 2018; Ord. 1498 § 3, 1997; Ord. 1380 § 1, 1992)
13.46.060 Collection, interest and penalties.
The City’s Administrative Services Director is authorized to have the charges imposed by this chapter collected by the county of Alameda in conjunction with the county’s collection of property tax revenues for the City. In the event that the county of Alameda collects the charges imposed by this chapter, the imposition of penalties, additional fees and interest upon owners who fail to remit any charge imposed by this chapter, or who fail to remit any delinquent remittance under this chapter, shall be subject to and governed by the rules, regulations and procedures utilized by the county of Alameda in its collection of property taxes and charges for the City, and in its collection of this additional charge for the City. Every penalty imposed and such interest as accrues under the provisions of this chapter shall become a part of the charges required to be paid in this chapter. (Ord. 2065 § 1(A), 2018; Ord. 1895 § 8, 2010; Ord. 1380 § 1, 1992)
13.46.070 Delinquent charges remedies.
A. Delinquent charges are hereby made a lien upon the real property serviced by the stormwater collection and conveyance system.
B. The amount of any charge, penalty and interest imposed under the provisions of this chapter shall be deemed a debt to the City.
C. The City Attorney may seek legal, injunctive or other equitable relief to enforce this chapter. In any such action, the City shall be entitled to reasonable attorney’s fee and costs.
D. The remedies established in this chapter are cumulative and in addition to any other remedies available to the City for collection of the charges imposed in this chapter. (Ord. 2065 § 1(A), 2018; Ord. 1380 § 1, 1992)