Chapter 11.18
REGULATORY FEE FOR CLEAN
STORM WATER ACTIVITIES
Sections:
11.18.040 Establishment of fee for clean storm water activities.
11.18.060 Clean storm water fund establishment.
11.18.070 Collection of fee – Interest and penalties.
11.18.010 Title.
This chapter shall be known as the “City of Sausalito Clean Water Activity Fee” and may be so cited. [Ord. 1111 § 1, 1995.]
11.18.020 Purpose and intent.
A. The purpose of this chapter is to ensure the future health, safety and general welfare of the citizens of the City by establishing a funding source to provide enforcement of the City’s urban runoff pollution prevention ordinance, to provide maintenance and repair of the City’s storm water drainage facilities, to provide capital improvements to the City’s storm drainage system, and to provide other clean storm water activities.
B. The intent of this chapter is to protect and enhance the water quality of the State’s and the nation’s watercourses, water bodies and wetlands in a manner pursuant to and consistent with the Clean Water Act. (33 USC Section 1251 et seq.) [Ord. 1111 § 1, 1995.]
11.18.030 Definitions.
Unless otherwise expressly stated whenever used in this chapter, the following terms shall have the meanings set forth below:
A. “Clean storm water activities” includes, but is not limited to, all programs required by the Marin County storm water pollution prevention program and the BURCP basin plan permit, the operation and maintenance of the City’s storm water drainage system, any capital improvements to repair, rehabilitate, replace, or improve components of the storm water drainage system, the enforcement of Chapter 11.17 SMC and related regulations, the administration of this chapter and Chapter 11.17 SMC, and any other activities related to the foregoing.
B. “Land use category” means that category of land use assigned to a parcel of real property as shown on the most current official assessment roll of the Marin County Assessor.
C. “Parcel” means a unit of real property in one ownership as shown on the most current assessment roll of the Marin County Assessor.
D. “Parcel site” means the area of a unit of real property in one ownership as determined from records maintained by Marin County or the City.
E. “Runoff factor” means the indicator of storm water generation of a parcel; it is based upon the average ratio of impervious area to total parcel area for a particular land use category.
F. “Standard runoff unit (RU)” means the average estimated amount of impervious area of parcels in the single-family residential parcel size multiplied by the runoff factor for single-family residential land use category; it is the product of the average single-family residential parcels: 7,500 square feet x 0.4 = 3,000 feet.
G. “Storm drainage system” includes, but is not limited to, those storm water drainage conveyance facilities within the City by which storm water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains, which are not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2. “Storm drainage system” also includes “storm drains” as defined in SMC 11.17.040(B)(4). [Ord. 1111 § 1, 1995.]
11.18.040 Establishment of fee for clean storm water activities.
Every person, corporation or entity which owns real property within the City shall pay an annual fee to the City for clean storm water activities. [Ord. 1111 § 1, 1995.]
11.18.050 Calculation of fee.
A. Single-Family Residential. The annual clean storm water activity fee for owners of parcels in the single-family residential land use category shall be the rate per one standard runoff unit (RU).
B. All Other Land Use Categories. The annual clean storm water activity fee for owners of parcels in all other land use categories shall be calculated using the following formula: [(parcel size x runoff factor)]/(RU) x (rate per RU).
C. Runoff Factors. The runoff factors for various land use categories shall be those set forth in the following table:
|
Land Use Category |
Runoff Factor |
|---|---|
|
Single-Family Residential |
.4 |
|
Multifamily Residential |
.6 |
|
Commercial |
.8 |
|
Industrial |
.8 |
|
Vacant Land |
.1 |
D. Rate per Runoff Unit. The rate per runoff unit shall be set by the City Council, by resolution; the rate may be adjusted from time to time, in accordance with the City’s procedures for adopting rates, fees and charges. [Ord. 1111 § 1, 1995.]
11.18.060 Clean storm water fund establishment.
A clean storm water fund is hereby established in the City Treasury. All income and revenue collected from real property owners pursuant to this chapter shall be paid into the clean storm water fund. The income and revenue shall be expended only for clean storm water activities, and shall not be expended for any other purposes. [Ord. 1111 § 1, 1995.]
11.18.070 Collection of fee – Interest and penalties.
The City Manager is authorized to have the fees imposed by this chapter collected by the County of Marin in conjunction with the County of Marin’s collection of property tax revenues for the City. In the event that the County of Marin collects the fees imposed by this chapter, the imposition of additional penalties, fees, charges and interest upon property owners who fail to pay the fee imposed by this chapter, or who fail to pay any delinquent amount under this chapter, shall be subject to and governed by the rules, regulations, and procedures utilized by the County of Marin in its collection of property taxes, charges and fees for the City, and its collection of this additional fee for the City. Every penalty imposed and such interest as accrues under the provisions of this chapter shall become a part of the fee required by this chapter. [Ord. 1111 § 1, 1995.]
11.18.080 Delinquent fees.
Delinquent fees are hereby made a lien upon the real property served by the storm water drainage system. The amount of any fee, penalty, charge or interest imposed under the provisions of this chapter shall be deemed a debt owed to the City. [Ord. 1111 § 1, 1995.]
11.18.090 Remedies.
The City may seek legal, injunctive or other equitable relief to enforce this chapter. In any such action the City shall be entitled to reasonable attorneys’ fees and costs. The remedies established in this chapter are cumulative and in addition to any other remedies available to the City for the collection of the fees imposed by this chapter. [Ord. 1111 § 1, 1995.]