City of Santa Monica, CA STORMWATER UTILITY

There is imposed on each and every parcel in the City, and its owner, a stormwater management user fee. This fee is necessary to pay for: (1) the operation, administration, maintenance, improvement, environmental restoration, and replacement of the existing storm drainage system; (2) the operation, administration, maintenance, environmental restoration and replacement of future such systems; (3) improving the quality of stormwater; (4) complying with local, state, and federal stormwater regulations; and (5) to pay for, or secure the payment of, any indebtedness incurred for these purposes. All of the proceeds of these fees are in payment for use of the City's Stormwater Management Utility by developed and undeveloped parcels and their owners. This fee shall not exceed the reasonable cost of providing the services, facilities or regulatory activity for which the fee is charged.

The basic fee shall be calculated by applying the following formula:

BF =

Annual budget

City-wide PBUs

The stormwater management user fee for each parcel shall be calculated by applying the following formula:

Annual fee = PBU x BF

For Fiscal Year 1995-96, only one-half the annual fee shall be imposed on each parcel.

The annual fee for non-City governmental parcels shall be reduced by the percentage of the annual budget attributable to proposed capital expenditures.

(Added by Ord. No. 1811CCS § 1 (part), adopted 7/25/95)

§ 7.56.040 Stormwater management enterprise and utility fund.

There is hereby established a special fund in the City Treasury entitled "The Stormwater Management Enterprise and Utility Fund," herein after referred to as the Fund.

All revenues from the stormwater management user fees established pursuant to Section 7.56.030 shall be deposited into the Fund.

Monies deposited into this Fund shall only be expended for storm drain and storm drainage related purposes as described in Sections 7.56.020 and 7.56.030.

Appropriations shall be made as provided for by the City Council.

Monies in the Fund which are received by the City subject to any limitations on their use may only be expended in accordance with those limitations.

(Added by Ord. No. 1811CCS § 1 (part), adopted 7/25/95)

§ 7.56.050 Collection and enforcement.

The stormwater management user fee shall be collected by and be payable to the Los Angeles County Tax Collector for the 1995-96 fiscal year, and each subsequent fiscal year, along with the general taxes, fees, and charges collected by the Tax Collector.

The stormwater management user fee shall be an obligation of the record owner of each parcel billed for storm drainage service. The fee shall be due and payable on the date that Los Angeles County tax payments are due.

The fee shall be considered delinquent if payment is not received within thirty days of the date the payment is due and payable. The City shall impose a ten percent nonpayment penalty on all delinquent accounts. An additional one percent penalty shall be imposed for each additional thirty-day period the amount remains unpaid.

If the bill is not paid within sixty days of the date the payment is deemed delinquent, the amount owing shall constitute a lien against the parcel receiving the service, and the City shall notify the assessee of the lien as provided for in Health and Safety Code Section 5473.11. The lien shall remain in effect for three years unless released upon payment of the delinquent amount plus all penalties associated therewith or otherwise discharged.

If any portion of the collection or expenditure of the stormwater management user fee provided for in this Chapter is declared invalid or unconstitutional, the remaining collection, or expenditure of the stormwater management fee shall not be affected but shall remain in full force and effect.

(Added by Ord. No. 1811CCS § 1 (part), adopted 7/25/95)

§ 7.56.060 Adjustments and appeals.

The Director shall have the power to provide for adjustments which reflect, insofar as determined reasonably possible by the Director, the receipt from a premises into the storm drainage system of quantities of storm drainage which may be substantially different from the average storm drainage, as said term is used in this Chapter.

Any user may apply in writing to the Director for an adjustment within thirty days from the date the tax bill is mailed with respect to the period for which the user seeks adjustment.

The Director shall provide for action to be taken and a determination to be made upon each application for adjustment within thirty days from the date said application is filed whenever reasonably possible, and shall cause the applicant to be immediately notified in writing of any determination on the application for adjustment. Request for production of additional information may be made of the applicant, and if the applicant fails to produce the requested information within fifteen days from the date of mailing the request therefor, the adjustment proceedings may be terminated or such other action may be taken as is deemed by the Director to be appropriate.

Any person who has filed an application for adjustment and received a determination thereon, and who has likewise complied with the procedures of this Section, may request a hearing before a Hearing Examiner within the time and manner set forth in Section 6.16.030. No hearing request shall be held unless, within the time period to request a hearing, the person has first paid the disputed fee under protest.