Chapter 11.16
STORMWATER UTILITY FEES
Sections:
11.16.040 Stormwater utility fee rate structure.
11.16.045 Water quality utility fee rate structure.
11.16.050 Equivalent service unit.
11.16.060 Unit rate established for the stormwater utility fee.
11.16.065 Unit rate established for the water quality utility fee.
11.16.070 Service charge adjustments and appeals.
11.16.080 Stormwater or water quality rate discounts for extreme hardship.
11.16.100 Commencement of charges.
11.16.130 Property liens--Collections.
11.16.150 Recovery of delinquent charges.
11.16.010 Purpose.
A. It is the purpose of this chapter to provide revenue for a stormwater program to plan, manage, construct, maintain, use, and carry out activities related thereto, and to provide revenues by fixing rates and charges. There is hereby created an enterprise fund known as the “city of Central Point stormwater fund.” All fees and charges imposed for the stormwater program shall be placed in this fund for the purpose of paying any and all expenses related to the acquisition, installation, addition, improvement, replacement, repair, maintenance, operation, or administration of stormwater program facilities and activities.
B. It is also the purpose of this chapter to provide revenue for a water quality program to pay for any and all expenses related to preventing and reducing water pollution generated within the city limits before it enters and is discharged from the municipal separate storm sewer system (MS4) to local waterways. The city of Central Point water quality program fund is created as an enterprise fund. All fees and charges imposed for the water quality program shall be placed in this fund for the purpose of paying any and all expenses related to the operation of the Central Point MS4 to meet the federal Clean Water Act’s National Pollution Discharge Elimination System Phase II permit requirements or administration of the water quality program. (Ord. 2029 §2(part), 2016; Ord. 1961 §1, 2012; Ord. 1864 §1(part), 2005).
11.16.020 Applicability.
The requirements of this chapter shall apply to all parcels of real property in the city of Central Point, including publicly and privately owned property. (Ord. 2029 §2(part), 2016; Ord. 1864 §1(part), 2005).
11.16.030 Definitions.
“Biofiltration” means the use of vegetation, including grasses and wetland plants, to filter and treat stormwater runoff as it is conveyed through an open channel or swale.
“City” means the city of Central Point, Oregon, or, as indicated by the context, may mean any official, officer, employee or agency representing the city in the discharge of his or her duties.
“City roads” means all roads, public and private, excluding state and county roads, in the city of Central Point.
“Developed parcel” means a parcel of real property which has been altered by development coverage.
“Drainage facilities” means the drainage systems comprised of stormwater control facilities and any other natural features which store, control, treat and/or convey storm and surface water. Storm drainage facilities shall include all natural and manmade elements used to convey stormwater from the first point of impact with the surface of the earth to a suitable receiving body of water or location internal or external to the boundaries of the city. They include all publicly owned and maintained pipes, appurtenant features, culverts, streets, curbs, gutters, pumping stations, channels, streams, ditches, wetlands, detention/retention basins, ponds, and other stormwater conveyance and treatment facilities whether or not the city shall have recorded rights-of-way or easements; it is presumed that the city has a prescriptive right of access to all storm drainage facilities for operation, maintenance, rehabilitation, or replacement.
“Equivalent service unit (ESU)” means a configuration of impervious surface estimated to contribute an amount of runoff to the city’s stormwater management system which is approximately equal to that created by the average single-family residential developed parcel in Central Point.
“Impervious surfaces” means hard-surfaced areas that prevent or hinder the entry of water into the soil mantle and/or cause water to run off the surface in greater quantities or at an increased rate of flow than under natural conditions. Common impervious surfaces include, but are not limited to, rooftops, concrete or asphalt roads, sidewalks and paving, walkways, patio areas, driveways, parking lots or storage areas and gravel, hard-packed dirt, oiled or other surfaces which similarly impede the natural infiltration of stormwater, or runoff patterns existent prior to development.
“Manager” means the city manager or designee.
“Parcel” means the smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which constitutes a separate lot or tract capable of being conveyed without further subdivision.
“Service charges” means either the stormwater utility fee or the water quality utility fee, as the context may require, in an amount to be determined by applying the appropriate rate to a particular parcel of real property based upon factors established by this chapter.
“Single-family residence” means a residential structure accommodating one dwelling unit, including duplex units and mobile homes, as defined by the city of Central Point land use codes.
“Stormwater control facilities” means all publicly owned and maintained manmade structures or natural watercourse facility improvements, developments, properties or interest therein, made, constructed or acquired for the conveyance of storm or surface water runoff for the purpose of improving the quality of, controlling, or protecting life or property from any storm, flood or surplus waters.
“Stormwater program” means the Central Point stormwater utility as defined in this chapter.
“Undeveloped land” means unimproved land and open space as defined by the city of Central Point land use codes.
“Undeveloped parcel” means any parcel of real property which has not been altered by construction of any improvement or other impervious surface area which affects the hydraulic properties of the parcel.
“Unit rate” means the dollar amount charged per ESU.
“Water quality program” means the Central Point water quality utility as defined in this chapter. (Ord. 2029 §2(part), 2016; Ord. 1961 §2, 2012; Ord. 1873 §1, 2006; Ord. 1864 §1(part), 2005).
11.16.040 Stormwater utility fee rate structure.
A. Service charges for the stormwater utility fee are hereby authorized and imposed, in amounts and on terms consistent with this chapter.
B. The rates and service charges shall be based on the service provided and the relative contribution of stormwater runoff from a given parcel to the stormwater control facilities. The estimated or measured impervious surface area will be used to determine the relative contribution of stormwater runoff from the parcel.
C. Service charges shall be determined as follows:
1. Undeveloped Parcels. Undeveloped parcels shall not be charged.
2. City Roads. City roads shall not be charged.
3. Single-Family Residences. The monthly service charge for each single-family residence shall be the unit rate for one equivalent service unit.
4. Other Developed Parcels. The monthly service charge for all other developed parcels, including publicly owned properties, shall be computed by multiplying the unit rate times the number of equivalent service units applicable to the parcel minus any approved rate adjustment for the parcel as determined under Section 11.16.060.
5. Minimum Charge. There shall be a minimum monthly service charge for all developed properties equal to the unit rate. (Ord. 2029 §2(part), 2016; Ord. 1961 §3, 2012; Ord. 1864 §1(part), 2005).
11.16.045 Water quality utility fee rate structure.
A. Service charges for the water quality utility fee are authorized and imposed in amounts and on terms consistent with this chapter.
B. The rates and service charges shall be based on the service provided and the total cost of water quality program implementation. The estimated or measured impervious surface area will be used to determine the relative contribution of stormwater runoff from the parcel.
Service charges shall be determined in the same manner as provided in Section 11.16.040(C). (Ord. 2029 §2(part), 2016; Ord. 1961 §4, 2012).
11.16.050 Equivalent service unit.
One equivalent service unit is established at three thousand square feet of impervious surface area. For the purpose of computation of service charges, the number of equivalent service units shall be rounded to the nearest tenth. (Ord. 2029 §2(part), 2016; Ord. 1864 §1(part), 2005).
11.16.060 Unit rate established for the stormwater utility fee.
The unit rate per equivalent service unit for the stormwater utility fee is hereby established at six dollars and fifty cents and may be revised by resolution of the city council from time to time. (Ord. 2029 §2(part), 2016; Ord. 1961 §5, 2012; Res. 1264, 2010; Ord. 1864 §1(part), 2005).
11.16.065 Unit rate established for the water quality utility fee.
The unit rate per equivalent service unit for the water quality utility fee is established at one dollar and may be revised by resolution of the city council from time to time. (Ord. 2029 §2(part), 2016; Ord. 1961 §6, 2012).
11.16.070 Service charge adjustments and appeals.
A. Any person billed for service charges may file a “request for service charge adjustment” with the manager within thirty days of the date of the bill. However, submittal of such a request does not extend the period of payment for the charge.
B. A request for service charge adjustment may be granted or approved by the manager only when one or more of the following conditions exist:
1. The amount charged is in error; however, no adjustment will be made unless the parcel is nonresidential and the city’s calculation of the impervious surface area on the parcel is shown to be in error by at least ten percent, as demonstrated by a licensed surveyor or engineer;
2. The parcel exists in its natural unimproved condition and will remain in its natural unimproved condition with no allowable human activities or manmade improvements that adversely affect water quantity or quality; or
3. The parcel includes a constructed or natural on-site stormwater mitigation facility that meets all of the following conditions:
a. The constructed or natural facility provides storm or stormwater detention, retention, water quality treatment, and/or conveyance; and
b. The manager has determined that the property owner is capable of maintaining and operating the facility; and
c. The facility is maintained by the property owner to the city’s design specifications; and
d. The facility is available for inspection by the city; and
e. Excess capacity, if not used by the property owner, is accessible and available for other related public purposes; and
f. The credit is revocable under conditions where the facility no longer operates at the design level established during the drainage plan review/approval process.
C. Credit Calculation. The amount to be credited shall be a fixed percentage reduction, based on the percentage of program costs directly related to managing surface water volumes. For water quantity migration, the formula is expressed mathematically as follows:
A = F x 25%
Where
A = The credit amount to be subtracted from the monthly fee;
F = The total monthly charge without credit;
For qualifying biofiltration, the formula is expressed mathematically as follows:
A = F x 10%
Where
A = The credit amount to be subtracted from the monthly fee; and
F = The total monthly charge without credit.
D. The following information may be required by the manager to determine eligibility for a service charge credit:
1. Approved drainage plan certified by a licensed and qualified professional;
2. Calculation of the credit amount;
3. Signature of the person responsible for the accuracy of the credit application material; and
4. Other information, as required by the manager, to determine that the property owner is willing and has the capacity to maintain the facility.
E. Service charge adjustments will only apply to the bill then due and payable, and bills subsequently issued. The property owner shall have the burden of proving that the service charge adjustment should be granted.
F. Decisions on requests for service charge adjustment shall be made by the manager based on information submitted by the applicant and by the city within thirty days of the adjustment request, except when additional information is needed. The applicant shall be notified in writing of the manager’s decision.
G. Decisions of the manager on requests for service charge adjustments shall be final unless appealed to city council within thirty days of the date of the decision. (Ord. 2029 §2(part), 2016; Ord. 1864 §1(part), 2005).
11.16.080 Stormwater or water quality rate discounts for extreme hardship.
Eligible households may apply for a discount of the stormwater or water quality fee pursuant to that procedure set forth in Chapter 13.16. (Ord. 2087 §3, 2022; Ord. 2029 §2(part), 2016; Ord. 1961 §7, 2012; Ord. 1864 §1(part), 2005).
11.16.090 Use of funds.
A. Service charges collected under this chapter for the stormwater utility shall be deposited into the city of Central Point stormwater utility fund or funds to be used only for the purpose of paying all or any part of the cost and expense of maintaining and operating stormwater control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing, maintaining and improving the stormwater program and drainage facilities.
B. Service charges collected under this chapter for the water quality utility shall be deposited into the city of Central Point water quality utility fund. (Ord. 2029 §2(part), 2016; Ord. 1961 §8, 2012; Ord. 1864 §1(part), 2005).
11.16.100 Commencement of charges.
For new construction, service charges for either the stormwater utility or the water quality utility will commence with the issuance of a building permit, creation of an impervious surface area, or installation of a water meter, whichever comes first. For existing structures, service charges for the stormwater utility will commence on the effective date of the ordinance establishing this chapter and for the water quality utility on the effective date of the ordinance establishing the water quality utility. (Ord. 2029 §2(part), 2016; Ord. 1961 §9, 2012; Ord. 1864 §1(part), 2005).
11.16.110 Payment.
A. When the customer changes, service charges for the new customer begins when new customer information is received by the city. If notification of the change was not received by the city prior to the change in customer, the service charge shall begin with the next billing and the new customer may be billed retroactively, not to exceed one year.
B. If two or more persons are billed for service, they shall be jointly and individually liable and sent a single bill.
C. Stormwater service charges and water quality utility fee charges shall be paid within thirty days from the service period ending date on the regular bill.
D. Payments shall be applied as provided by Section 3.40.090.
E. Closing bills shall be computed within two weeks after the stormwater customer notifies the city that he or she is no longer the person responsible for the charge. (Ord. 2029 §2(part), 2016).
11.16.120 Delinquency.
A. Stormwater service charges are delinquent if payment in full is not received by the city within thirty days from the service period ending date on the regular bill.
B. If a customer account for stormwater or water quality service charges is delinquent, the city may discontinue any city provided water service billed to that customer. The city will follow the procedures identified in Section 13.04.120.
C. The council may establish by resolution fees for extra services required in collecting delinquent customer accounts for user charges.
D. The city may refuse to restore water service to the premises until the delinquent charges and other costs incurred are paid. (Ord. 2029 §2(part), 2016).
11.16.130 Property liens--Collections.
A. If the stormwater customer is also the owner of the property, service charges plus billing service charges, late payment charge, charge for collecting delinquent bills, damages, charges for costs incurred by the city for cleaning, repair, or replacement work caused by violation of this chapter, and any other stormwater and water quality charges incurred related to the property, shall be a lien against the property served from the date of delinquency. In the case of a closing bill where the property is being sold or transferred, the lien for the closing bill shall attach as of the day preceding the sale or transfer.
B. When a bill for stormwater or water quality service charges remains unpaid for sixty days, after it has been entered in the customer’s billing record or other city stormwater record, and recorded in the city’s lien docket, the city may refer the debt to collections. In the alternative, or if collection efforts fail, the lien may be foreclosed in any manner provided by ORS 223.505 to 223.650, or as otherwise provided by law. (Ord. 2029 §2(part), 2016).
11.16.140 Tenant accounts.
A. The city’s claim against a tenant is transferred to the owner of the property when the city provides notice of the delinquent status to the tenant and mails a copy of the notice of delinquency by first class mail to the last address of the owner or owner’s agent that is on file with the city, within thirty days from the time the payment is due on the account. The transferred claim shall be a lien against the property served from the date the notice of delinquency is mailed to the owner of the property. The transfer does not relieve the tenant of the obligation to pay the claim.
B. The city may refuse to provide water service to a tenant if the tenant has a previous unpaid utility bill with the city unless the city and the tenant agree to a plan for repayment of unpaid utility bills.
C. The city will provide information to the owner or owner’s agent regarding the status of a tenant’s account upon request, within a reasonable amount of time. If a request is made verbally, the city shall provide the information verbally. If the city discloses information under this subsection, the city shall not be held responsible for the disclosure of information to a person who is not an owner or owner’s agent. (Ord. 2029 §2(part), 2016).
11.16.150 Recovery of delinquent charges.
For those accounts where the city does not have the ability to collect stormwater charges in connection with or as part of the charge for another service or utility that can be curtailed to secure collection, the city may certify to the tax assessor of Jackson County the amount of any delinquent service charges, fees for collecting delinquent service charges, and billing service charges. When so certified, they shall be assessed against the premises served in the same manner as other taxes are certified, assessed, collected, and paid. (Ord. 2029 §2(part), 2016).