[Ord. No. 10-040 §3, 6-2-2010]
Notwithstanding any provision to the contrary in any code adopted
in this Title V, Ordinances of St. Charles County, Missouri, no purchaser
of a single-family dwelling or residence or of a multi-unit dwelling
having four (4) or fewer units shall be denied the right to choose,
or the right to decline, to have installed a fire sprinkler in such
dwelling or residence. Builders of such units shall offer to purchasers
on or before the time of entering into the purchase contract the option,
at the purchaser's cost, to install or equip fire sprinklers in the
dwelling, residence or unit. But the provision of such fire sprinklers
systems shall not be a condition or requirement for issuance of any
permit authorized or required by any code adopted in this Title V,
Ordinances of St. Charles County, Missouri.
[Ord. No. 16-071 §1, 9-26-2016[1]]
A.
There is hereby established a program for levying annual fees on
qualified residential properties in unincorporated St. Charles County
to fund in whole or in part the repair of defective sanitary sewer
lateral lines as provided herein.
1.
Funds for repair of lateral sewer service lines serving certain
residential properties in unincorporated St. Charles County.
a.
St. Charles County hereby authorizes the levy on residential
property in unincorporated St. Charles County for each lateral sewer
service line serving six (6) or less dwelling units on that property
and condominiums that have six (6) or less condominium units per building
and any condominium responsible for its own individual lateral sewer
line, an annual fee not to exceed fifty dollars ($50.00) and in an
amount to be determined as provided below and assessed in that amount
by ordinance, which fee shall be billed annually as provided below,
and shall be for the purpose of providing funds to pay the cost of
certain repairs of those lateral sewer service lines.
b.
The annual fee authorized by this Section shall be collected
by the County under the following conditions:
(1)
The property for which that annual fee is collected
is not already subject to an annual fee imposed pursuant to Section
249.422 or 242.424, RSMo., as amended, or any other applicable law
authorizing the levy and imposition of fees for the above-stated purpose.
(2)
That annual fee shall apply only to properties
in unincorporated St. Charles County that are served by a municipality's
sanitary sewer system.
(3)
That annual fee shall exceed neither the amount
of fifty dollars ($50.00) nor any annual fee imposed on other properties
served by the municipality providing sewer service to the property
for which the annual fee is collected under that municipality's
own authority pursuant to applicable law.
(4)
St. Charles County shall have formed an intergovernmental
agreement with such municipality for the common service of holding,
administering and using the proceeds of such annual fees from owners
of such properties, depositing them in a special fund for the repair
of individual lateral sewer lines, and disbursing those funds for
such repairs, subject to audit by St. Charles County.
2.
Intergovernmental agreements for collecting, accounting for
and disbursing revenues in the fund for repair of lateral sewer service
lines serving certain residential properties in St. Charles County.
a.
The County Executive is authorized to execute intergovernmental
agreements for the use of revenues produced by the annual fees authorized
above for the repair of lateral sewer service lines with municipalities
that provide sanitary sewer service in the unincorporated part of
St. Charles County.
b.
Such agreements shall be substantially similar in form and content
to Exhibit A attached hereto and incorporated herein by reference.
c.
Such agreements shall provide that:
(1)
The County shall:
(a)
Collect and account for the annual fees authorized
by this Section;
(b)
Impose those annual fees only in amounts authorized
by this Section;
(c)
Waive its own permit and inspection fees for repair
projects undertaken pursuant to the agreement;
(d)
Remit proceeds of those annual fees to a municipality
by February 1 of each calendar year;
(e)
Certify any changes in this Section and the fee
authorized by it to the municipality; and
(f)
Audit every three (3) years the special fund into
which the County deposits the fees authorized by this Section.
(2)
The municipality shall:
(a)
Certify to the County any changes in the amount
of the municipality's own annual fee and adjust the amount of
the annual fee authorized consistently with this Section.
(b)
Deposit and administer the funds collected pursuant
to this Section in a special fund, and use that special fund as provided
in Section 249.422.3, RSMo., as amended, only for eligible properties
in unincorporated St. Charles County; and
(c)
Make records of that special fund available for
audit by the County Auditor every three (3) years.
(3)
The special fund mentioned above shall be used
for projects authorized by Section 249.422.3, RSMo., as amended, and
for City's costs of overseeing such projects by, for example,
supervising contractors and inspecting work. Those associated costs
shall be charged at the same rates charged for projects at properties
within City.
(4)
The City's programs for serving County eligible
properties in unincorporated St. Charles County shall be identical
to the City's program for serving eligible properties within
City, except that, based on actuarial analysis, claims for eligible
properties in unincorporated St. Charles County shall be capped at
$_____.___, per claim. County may amend that cap annually and notify
City of the amended cap by February 1 of each calendar year.
B.
There is hereby levied and assessed on all residential property in
the unincorporated part of St. Charles County that is served by sanitary
sewers owned or operated by the City of St. Charles an annual fee
of twenty dollars ($20.00) for each lateral sewer service line serving
six (6) or less dwelling units on that property and on condominiums
that have six (6) or less condominium units per building (each of
which shall be responsible for its proportionate share of the annual
fee if such units share a single lateral sewer service line) and on
any condominium unit responsible for its own individual lateral sewer
line.
1.
The fund collected pursuant to this Section shall be deposited
in a special account to be used and directed as authorized by Section
249.422, RSMo., as amended, and by St. Charles County's intergovernmental
agreement with the City of St. Charles authorized by ordinance, solely
to pay for all or a portion of the costs reasonably associated with
and necessary to administer and carry out repairs of defective lateral
sewer service lines.
2.
The County Executive or his/her designee shall submit to the
County Collector a roster of all residential properties subject to
the annual fee mentioned above, each identified with the applicable
annual fee, the collector's Property Identification Number (PIN)
or the assessor's account number, from which the annual fee is
to be collected for each taxable year no later than September 1 thereof,
except that in tax year 2016, such roster shall be submitted no later
than October 1.
C.
There is hereby levied and assessed on all residential property in
the unincorporated part of St. Charles County that is served by sanitary
sewers owned or operated by the City of St. Peters an annual fee of
twenty-eight dollars ($28.00) for each lateral sewer service line
serving six (6) or less dwelling units on that property and on condominiums
that have six (6) or less condominium units per building (each of
which shall be responsible for its proportionate share of the annual
fee if such units share a single lateral sewer service line) and on
any condominium unit responsible for its own individual lateral sewer
line.
1.
The fund collected pursuant to this Section shall be deposited
in a special account to be used and directed as authorized by Section
249.422, RSMo., as amended, and by St. Charles County's intergovernmental
agreement with the City of St. Peters authorized by ordinance, solely
to pay for all or a portion of the costs reasonably associated with
and necessary to administer and carry out repairs of defective lateral
sewer service lines.
2.
The County Executive or his/her designee shall submit to the
County Collector a roster of all residential properties subject to
the annual fee mentioned above, each identified with the applicable
annual fee, the collector's Property Identification Number (PIN)
or the assessor's account number, from which the annual fee is
to be collected for each taxable year no later than September 1 thereof,
except that in tax year 2016, such roster shall be submitted no later
than October 1.
[1]
Editor's Note: On August 2, 2016 the voters agreed to
add substantially these provisions.
