Chapter 13.28
STORM WATER UTILITY FEE
Sections:
13.28.010 Declaration of purpose.
13.28.030 Establishment of a storm water utility fee.
13.28.040 Storm water utility fee – Dedicated.
13.28.060 Administrative review – Appeals.
13.28.090 Disposition of fees and charges.
Prior legislation: Res. 2000-13.
13.28.010 Declaration of purpose.
There is hereby created a storm water utility for the purpose of providing funds for the maintenance and construction of storm drainage systems under the jurisdiction of the city of Eagle Point. The council hereby finds, determines and declares the necessity of acquiring, owning, constructing, equipping, operating and providing maintenance and upkeep of the city’s storm sewer and drainage system by establishing a comprehensive storm water utility. Maintenance activities shall include, without limitation, the following activities: cleaning, installation and repair of catch basins, drainage ditches, siphons, pipes, box culverts, water/oil separators, trash gates, and related facilities, including the cleaning of stream banks which may be all properly maintained to safeguard the health, safety and welfare of the city and its inhabitants.
A. The improvement of both public and private storm drainage facilities through or adjacent to a new development shall be the responsibility of the developer. The improvements shall comply with all applicable city ordinances, policies and standards.
B. No portion of this chapter or statement herein or subsequent council interpretation or policy shall relieve the property owner of assessments levied against their property for public facility improvements.
C. The city shall manage public storm drainage facilities located on city-owned property, city rights-of-way, and city easements. Public facilities to be managed by the city include but are not limited to:
1. Open drainage ways serving a drainage basin and used for storm water runoff and possibly irrigation needs and owned or accepted by the city.
2. A piped drainage system and its related appurtenances that have been designed and constructed expressly for use by the general public and accepted by the city.
3. Roadside drainage ditches along designated city streets.
4. Flood control facilities (levees, dikes, overflow channels, detention basins, retention basins, dams, pump stations, ground water recharging basins) that have been designed and constructed expressly for use by the general public and accepted by the city.
D. Facilities not to be managed by the city include but are not limited to:
1. Facilities not located on city-owned property, city rights-of-way, or city easements.
2. Private parking lot storm drains.
3. Roof, footing, and area drains.
4. Drains or storm water facilities not designated and constructed for use by the general public.
5. Access drive culverts. [Ord. 2009-04 § 1].
13.28.020 Definitions.
As used in this chapter, except where the context otherwise requires:
“Commercial” or “industrial” shall mean any building or facility with the exception of a school which is used as other than a dwelling unit.
“Equivalent service unit (ESU)” shall mean a configuration of impervious surface estimated to contribute an amount of runoff to the city’s storm water management system which is approximately equal to that created by the average single-family residential developed parcel in Eagle Point. One equivalent service unit is established at 3,000 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.
“Impervious surfaces” or “improved surfaces” are those surface areas which either prevent or retard saturation of water into the land surface, and/or cause water to run off the land surface in greater quantities or at an increased rate of flow than under natural conditions preexisting to development. Common impervious surfaces include, but are not limited to, rooftops, concrete or asphalt driveways, sidewalks or patios, parking lots, storage areas and graveled, oiled, macadam or other prepared surface which similarly impact the natural saturation or runoff patterns which existed prior to development.
“Mobile home park” shall mean a defined area under unified ownership or control in which mobile homes are situated and used for human habitation; or in which spaces are improved, designed or offered for such purposes. The term “mobile home park” is intended to be the same as the term “trailer park” and shall include “over night trailer park.”
“Multifamily” shall mean a building or facility under unified ownership and control and consisting of more than one dwelling unit with each unit consisting of one or more rooms with bathrooms and kitchen facilities or common kitchen within the structure designed for occupancy by one family per unit and having a single water meter. The term “multifamily” shall include condominiums and duplexes.
“Single-family” means that part of a building or single structure which contains one or more rooms with a bathroom and kitchen facilities designed for occupancy by one family and where the units are sold and deeded as individual units and have individual water meters. The term “single-family” shall be inclusive of detached single-family residences, townhouses and zero lot line housing.
“Unimproved surfaces” shall mean all spaces on a lot not considered impervious; typical of lawns, landscaping and natural areas.
“Unit rate” shall mean the dollar amount charged per ESU. [Ord. 2009-04 § 2].
13.28.030 Establishment of a storm water utility fee.
The city council established a storm water utility fee (Exhibit “A” at the end of this section) to be paid by the owners or occupants of property within the corporate limits of the city. Such fee shall be established in amounts that will provide sufficient funds to properly maintain storm water and other drainage systems throughout the city. The estimated or measured impervious surface area will be used to determine the relative contribution of storm water runoff from the parcel. Service charges shall be determined as described below:
A. City Roads. City roads shall not be charged.
B. Single-Family Residences. The monthly service charge for each single-family residence shall be at least the unit rate for one equivalent service unit.
C. 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 EPMC 13.28.060.
D. Minimum Charge. There shall be a minimum monthly service charge for all properties equal to the unit rate.
In the absence of measured impervious surface area, the amount of impervious surface area shall be estimated by multiplying the following percentage of developed land on each parcel by the parcel size as expressed in square feet:
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Developed |
Undeveloped |
|---|---|---|
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Single-Family |
55% |
45% |
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Multifamily |
60% |
40% |
|
Commercial |
85% |
15% |
|
Schools |
70% |
30% |
|
Unimproved |
0% |
100% |
Collection of a fee against each property shall be made by a monthly charge to be added to the utility bill for such property or mailed separately for those unimproved properties not connected to utilities. All fees shall be due and payable on the same schedule as other utility bills with the rules and regulations set forth by the department of finance of the city. The city finance officer shall place all such fees so collected into the storm water fund to be deposited and separately kept and used for the purposes provided herein. The city council may, from time to time, change the fee based upon revised estimates of the cost of properly maintaining the city storm sewer and drainage systems.
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• |
UNIT RATE – $5.00 per EQUIVALENT SERVICE UNIT (Minimum Rate) |
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• |
Improved Property Rate (per sq. ft.) |
$0.00083 |
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• |
Unimproved Property Rate (per sq. ft.) |
$0.00008 |
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• |
Multifamily and Manufactured Home Parks shall be treated as one parcel when multiple units are located on a single lot. |
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• |
In the absence of measured impervious surface area, parcels of 18,000 square feet or more shall be charged 0.25 acres or 10,890 square feet at an Improved Rate with the remainder of any parcel charged at the Unimproved Rate. |
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Individual property owners or residents may petition to adjust the estimated impervious surface area based upon the actual measurements of impervious surface. |
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[Ord. 2009-04 § 3].
13.28.040 Storm water utility fee – Dedicated.
All fees collected by the city and such other monies as might be available to the city for the purposes of this chapter shall be paid into the storm water fund (fund). Such revenues shall be used for the purposes of the operation, administration and maintenance of the storm water and drainage systems of the city. It shall not be necessary that the operations, administration, and maintenance expenditures for the fund specifically relate to any particular property from which the fees for the purposes were collected. To the extent that the fees collected are insufficient to properly maintain the city storm water and drainage system, the cost of the same may be paid from such other city funds as may be determined by the city council. The city council may order the reimbursement of the funds if additional fees are thereafter collected. All funds collected pursuant to the provisions of this chapter for operation, administration and maintenance shall be separately designated as such and shall be used solely for those purposes. [Ord. 2009-04 § 4].
13.28.050 Enforcement.
Any charge due hereunder, which is not paid when due, may be recovered in an action at law. 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 the charges promptly when due shall subject such user to discontinuance of any utility service provided by the city. The city administrator is hereby empowered and directed to enforce this provision against such delinquent users. The employees of the city shall, at all reasonable times, have access to any premises served by the city for inspection, repair, or the enforcement of the provisions of this chapter. [Ord. 2009-04 § 5].
13.28.060 Administrative review – Appeals.
A. Any owner or occupant who disputes the amount of the fee made against such owner’s or occupant’s property, or disputes any determination made by or on behalf of the city pursuant to and by the authority of this chapter, may petition the city administrator for a review. Such petitions shall be in writing, filed with the city recorder. All facts and figures and the burden of proof shall be the responsibility of the petitioner. A decision by the city administrator shall be rendered within 30 days of final receipt of all petitioner’s evidence.
B. Any owner or occupant not receiving a more favorable or acceptable administrative adjustment may petition the city council for a hearing. Such petitions shall be in writing, filed with the city recorder and the facts and figures outlining the requested changes shall be submitted in writing or orally at a hearing scheduled by the city council.
C. Within 30 days of filing of the petition, the city council shall make findings of fact based on all relevant information, shall make a determination based upon such findings and, if appropriate, modify such fee or determination accordingly. Such determination by the city council shall be considered a final order. [Ord. 2009-04 § 6].
13.28.070 Notice of decision.
Every decision or determination of the city council shall be in writing and notice thereof shall be mailed to or served upon the petitioner within a reasonable time from the date of such action. Service by certified mail, return receipt requested, shall be conclusive evidence of service for the purpose of this chapter. [Ord. 2009-04 § 7].
13.28.080 Exemption.
If property attributes are improved in such a manner that it provides an actual improvement to the city storm water system, an exemption may be granted. This exemption may be in whole or in part and may only be granted by the city council. This exemption must be requested by the owner/developer and will be reviewed on a case-by-case basis. [Ord. 2009-04 § 8].
13.28.090 Disposition of fees and charges.
The fees paid and collected by virtue of this chapter shall not be used for general or other governmental proprietary purposes of the city, except to pay for the equitable share of the cost of accounting, management and government thereof. Loans of any excess funds to other funds may be allowed by action of the city council with repayment to the storm water fund and charging the current rate of bond interest available to the city. Other than as described above, the fees and charges shall be used solely to pay for the cost of operation, administration, maintenance, repair, improvement, renewal, replacement, construction, and reconstruction of the city storm water and drainage system and costs incidental thereto. [Ord. 2009-04 § 9].