City of Kalispell, MT RATES OR CHARGES

A special storm sewer charge is hereby imposed on each lot and parcel of land within the City, except the airport, golf course, cemeteries, all public park land and all private park land as defined by Section 28.03.22 of this Code and adjacent City owned areas, for services and facilities provided by the storm sewer. For purposes of imposing the storm sewer charge, all lots and parcels within the City, except those areas as exempted hereby, shall be classified and assessed as follows:

Category 1—Vacant land up to two acres: Shall be assessed at the same rate as all vacant land up to two acres.

Category 1—Vacant land over two acres: Shall be assessed a total amount of no more than the assessment for two acres of vacant land.

Category 2—Residential land up to 1/2 acre: Shall be assessed at the same rate as all residential land up to 1/2 acre.

Category 2—Residential land over 1/2 acre: Shall be assessed a total amount of no more than the assessment for 1/2 acre of residential land.

Category 3—Commercial 90% covered: Shall be assessed at a rate set annually by City Council.

Category 4—Commercial 100% covered: Shall be assessed at the rate set annually by City Council.

(Ord. 1476, 8-18-2003; amd. Ord. 1912, 7-17-2023)

§ 23-14 Storm Sewer Charge; Collections.

The City Treasurer shall, on or before October 31st of each year, mail to every owner of a lot or parcel within the City, such ownership to be determined on the same date and in the same manner as are real property taxes, a statement setting forth the annual charge to be assessed against such lot for the storm sewer service thereto. Such charge shall be due and payable on or before 5:00 p.m. on November 30th of each year. Upon failure of the owner to pay such charge, such owner will be in arrears and delinquent on December 31st of such year and such charge shall be collected by the City Treasurer according to the provisions and authority of Montana Code Annotated Section 7-13-4309, as amended.

(Ord. 862 § 2, 8-4-1976; amd. Ord. 1421, 5-20-2002; Ord. 1912, 7-17-2023)

§ 23-15 Storm Sewer Charge; Allocation.

All collections of the storm sewer charge shall be deposited in the sewerage system fund of the City and credited to the several accounts therein in accordance with the provisions of Ordinance 859 of the City, adopted June 21, 1976.

(Ord. 862 § 2, 8-4-1976; amd. Ord. 1011 § 1; Ord. 1421, 5-20-2002; Ord. 1912, 7-17-2023)

§ 23-16 Storm Sewer Charge; Complaints; Adjustments.

Any person who considers the charges applicable to his or her lot or parcel to be unjust or inequitable may apply to the Director for adjustment thereof, stating, in writing, the grounds for his or her complaint. The Director shall cause an appropriate investigation thereof and report his or her findings to the City Council for review if such complaint is not withdrawn. The Council shall promptly review such report and hear the complaint; if the City Council determines that an adjustment of the charges for any such lot or parcel is necessary to provide for the just and equitable application of the storm sewer charge, it shall so provide, either by an ordinance amendatory hereto or by directives to the City Treasurer fixing special charges for individual lots or parcels.

(Ord. 862 § 2, 8-4-1976; amd. Ord. 1421, 5-20-2002; Ord. 1912, 7-17-2023)

§ 23-17 Storm Sewer Charge; Delinquency.

All charges in arrears and delinquent hereunder shall bear interest and be assessed penalties in the same amounts and at the same rates as are assessed to delinquent real estate taxes.

(Ord. 862 § 2, 8-4-1976; amd. Ord. 1421, 5-20-2002; Ord. 1912, 7-17-2023)