[Ord. 2005-64 § 1
(part)]
The City Council finds, determines and declares that the stormwater
drainage system, which provides for the collection, treatment, storage,
and disposal of stormwater provides benefits and services to all property
within the City limits. Such benefits include, but are not limited
to: the provision of adequate systems of collection, conveyance, detention,
treatment and release of stormwater; the reduction of hazards to property
and life resulting from stormwater runoff; improvements in general
health and welfare through reduction of undesirable stormwater conditions;
and improvements to the water quality in the stormwater and surface
water system and its receiving waters.
[Ord. 2005-64 § 1
(part)]
The function of the stormwater management and drainage systems
utility within the department of public works is to provide for the
safe and efficient capture of stormwater runoff, mitigate the damaging
effects of stormwater runoff, correction of stormwater problems; to
fund activities of stormwater management, and include design, planning,
regulations, education, coordination, construction, operations, maintenance,
inspection and enforcement activities, all for the protection of the
public health, welfare, and safety.
[12-4-2019 by Ord. No. 2019-530; Ord. 2005-64 § 1 (part)]
As used in this chapter, the following terms shall have the
meanings indicated:
A modification in a nonresidential customer's stormwater
service fee for certain activities that impact stormwater runoff or
impact the City's costs of providing stormwater management.
The Director of the Department of Public Works or designee.
A value equal to 2,600 square feet of measured impervious
area and is equal to the average amount of impervious area of residential
properties within the City of Davenport.
Areas that have been paved and/or covered with buildings
and materials, which include, but are not limited to, concrete, asphalt,
rooftop, gravel, and blacktop.
All properties not encompassed by the definition of "residential"
shall be defined as "nonresidential."
All single-family and two-family dwelling properties, as
defined by Title 17 of the Davenport Municipal Code, within the City
of Davenport.
A sewer which carries stormwater, surface runoff, street
washwaters, and drainage, but which excludes sanitary sewage and industrial
wastes, other than permitted discharges.
Stormwater runoff, snowmelt runoff, and surface runoff and
drainage.
All man-made facilities, structures, and natural watercourses
owned by the City of Davenport, used for collection and conducting
stormwater to, through, and from drainage areas to the points of final
outlet, including, but not limited to, any and all of the following:
conduits and appurtenant features, canals, creeks, catch basins, ditches,
streams, gulches, gullies, ravines, flumes, culverts, siphons, streets,
curbs, gutters, dams, floodwalls, levees, and pumping stations.
Various stormwater and drainage works that may include inlets,
pipes, pumping stations, conduits, manholes, energy-dissipation structures,
channels, outlets, retention/detention basins and other structural
components.
A charge assessed to users of the City's stormwater collection,
impounding and transportation system.
[Ord. 2005-64 § 1
(part)]
Funding for the stormwater management and drainage systems utility's
activities may include, but are not limited to: stormwater service
charges; stormwater permits and inspection fees; other funds or income
obtained from federal, state, locals, and private grants, or loans.
[Ord. 2005-64 § 1
(part)]
All service charges and all sources of revenue generated by
or on behalf of the stormwater management and drainage system utility
shall be deposited in a stormwater management and drainage system
utility enterprise fund and used exclusively for management of the
stormwater drainage system stormwater management and drainage systems
utility.
[Ord. 2005-64 § 1
(part)]
City Council shall adopt an operating and capital budget for
the stormwater management and drainage systems utility each fiscal
year. The stormwater management and drainage systems utility budget
shall set forth revenues for such fiscal year and estimated expenditures
for operations, maintenance, improvements, replacement and debt service.
[Ord. No. 2011-82 §§ 1
— 4; Ord. 2006-117 § 1; Ord. 2005-581 ; Ord. 2005-64 § 1 (part)]
A stormwater service charge shall be assessed to each and every
lot and parcel of land within corporate limits of the City of Davenport,
that is tributary directly or indirectly to the stormwater system
of the City and the owner thereof that contains impervious area. This
charge is not related to the water and/or sewer service and does not
rely on occupancy of the premises to be in effect and is hereinbefore
provided, and in the amount determinable as follows:
A.
Any property, lot, parcel of land, building or premises that is tributary
directly or indirectly to the stormwater system of the City, shall
be subject to a charge based upon the quantity of impervious area
situated thereon. All properties having impervious area within the
City of Davenport will be assigned an equivalent residential unit
(ERU) or a multiple thereof, with all properties having any impervious
area receiving at least one ERU, which shall be considered the base
rate.
1.
Residential Properties. All residential properties will be assigned
one ERU.
2.
Nonresidential Properties. Nonresidential properties will be
assigned an ERU multiple based upon the properties' individually measured
impervious area (in square feet) divided by 2,600 square feet (one
ERU). This division will be calculated to the first decimal place
and rounded according to mathematical convention.
B.
Base Rate.
1.
Effective July 1, 2011. City Council shall by this chapter,
establish the base rate per ERU for the stormwater management and
drainage system utility charge. The base rate shall be calculated
to ensure adequate revenues to fund expenditures of stormwater management
and to provide operation, maintenance, and capital improvements of
the stormwater system within the City limits. The base rate of $1.80
per month is established with the following equation:
|
Cost of Required Level of Service
|
$2,096,509
|
|
Total Number of ERUs x 12 months
|
1,133,248
|
2.
Effective July 1, 2012. City Council shall by this chapter,
establish the base rate per ERU for the stormwater management and
drainage system utility charge. The base rate shall be calculated
to ensure adequate revenues to fund expenditures of stormwater management
and to provide operation, maintenance and capital improvements of
the stormwater system within the City limits. The base rate of $2.10
per month is established with the following equation:
|
Cost of Required Level of Service
|
$2,379,821
|
|
Total Number of ERUs x 12 months
|
1,133,248
|
3.
Effective July 1, 2013. City Council shall by this chapter,
establish the base rate per ERU for the stormwater management and
drainage system utility charge. The base rate shall be calculated
to ensure adequate revenues to fund expenditures of stormwater management
and to provide operation, maintenance and capital improvements of
the stormwater system within the City limits. The base rate of $2.35
per month is established with the following equation:
|
Cost of Required Level of Service
|
$2,663,133
|
|
Total Number of ERUs x 12 months
|
1,133,248
|
4.
Effective July 1, 2014. City Council shall by this chapter,
establish the base rate per ERU for the stormwater management and
drainage system utility charge. The base rate shall be calculated
to ensure adequate revenue to fund expenditures of stormwater management
and to provide operation, maintenance and capital improvements of
the stormwater system within the City limits. The base rate of $2.35
per month shall be increased by 3% on July 1, 2014, and thereafter
increased by 3% in each of the following fiscal years, unless otherwise
directed by City Council.
[Ord. 2005-64 § 1
(part)]
Stormwater only accounts are properties that do not contain
water and/or sanitary sewer and/or solid waste services but do contain
impervious area or hard surface. New and additional stormwater only
accounts will be determined by building and zoning departments and
building permit system. The City of Davenport building division will
make available all building permits for new construction to the director
of public works or designee.
[Ord. 2005-64 § 1
(part)]
It is hereby determined necessary for the protection of public
health, safety, and welfare and to conform with federal, state, and
local laws and regulations that a system of charges for stormwater
service be established which allocates the cost of providing stormwater
service to each user in such a manner that the allocated costs are
proportionate to the cost of providing stormwater service to that
user, insofar as those costs can reasonably be determined.
[Ord. 2005-64 § 1
(part)]
Stormwater service charges incurred pursuant to this ordinance
may be collected by the public works director or designee who is also
responsible for the regulation, collection, rebating and refunding
of such stormwater charges.
[Ord. 2005-64 § 1
(part)]
A nonresidential property owner may challenge the ERU multiple
assigned to the property by filing an appeal with the director of
public works for adjustment thereof, stating in writing the grounds
for the appeal. The public works director shall cause appropriate
investigation thereof and report the findings to the appellant. The
public works director shall consider the appeal and determine whether
an adjustment of the ERU multiple for any such lot or parcel is necessary,
and adjust such ERU multiple if appropriate. Said appeal must be filed
within 30 days of notice of the initial establishment or change of
the City's calculation of a property's impervious area being mailed
to the owner's address as shown in the property tax system of the
City.
[Ord. 2005-64 § 1
(part)]
Each stormwater service charge rendered under or pursuant to
this chapter is hereby made a lien upon the corresponding lot, parcel
of land, building or premises that are tributary directly or indirectly
to the stormwater system of the City, and, if the same is not paid
within 60 days of invoice date, it shall be certified to the county
treasurer, who shall place a lien on said property as allowed by law
and be collected in the same manner as property taxes.
[Ord. 2005-64 § 1
(part)]
Increase adjustments (debit) can be made to nonresidential service
charges by property owners adding additional impervious area such
as rooftops, parking lots, driveways and walkways. Decrease (credit)
adjustments can be made to nonresidential service charges by property
owners performing activities that reduce the impact of stormwater
runoff to the stormwater system or lessen the burden.
[Ord. 2011-130 § 1; Ord. 2005-64 § 1 (part)]
A.
Due Date/Penalty. All comprehensive stormwater service charges are
due and payable no less than 20 days after the date of billing. A
penalty of 5% shall be added to a comprehensive stormwater service
charge when the charge is not paid in said 30 days.
B.
Certification. The finance director shall certify to the county treasurer
any comprehensive stormwater service charge, which is owed after a
sixty-day payment period. All certified service charges constitute
a lien upon the premises served by the stormwater system for which
the service charges were made and shall be collected in the same manner
as property taxes. Failure to send or receive a bill for comprehensive
stormwater service charge is not a defense to the collection of the
service charges.
C.
Limits and Corrections to Billing. If the department of public works
has undercharged a customer because of a billing error, the department
may only bill the customer for the portion of the unbilled stormwater
services used in the two-year period immediately prior to the date
the department remedies the billing error. If the department determines,
however, that a customer has been overcharged because of a billing
error, the division will adjust the customer's account back, for a
period not to exceed two years, from the date the division remedies
the billing error. If, the department, during the one-year period
described in the first paragraph, has attempted to verify a discrepancy
in billing and the customer has not responded to requests by the department
to reconcile the discrepancy, the division will bill the customer
for the unbilled stormwater services used in the four-year period
immediately prior to the date the department remedies the billing
error.
D.
This section does not apply to circumstances where an act or omission
of an act by the property's agent results in no calculation or an
inaccurate calculation of stormwater service charges.
