The City finds that, absent effective maintenance, operation,
regulation, and control, existing storm water drainage conditions
in all drainage basins and sub-basins within the City constitute a
potential hazard to the health, safety, and general welfare of the
City. The City Council further finds that natural and manmade storm
water facilities and conveyances together constitute a storm water
system and that the effective regulation and control of storm water
can best be accomplished through City formation of a storm water utility.
(Ord. 533 §1, 2021)
means the portions of the storm water system in public rights-of-way,
within easements in favor of the City, or on City property.
means a configuration of development or impervious surface
estimated to contribute an amount of runoff to the City's storm water
system that is approximately equal to that created by the average
developed single-family residence. One EDU is equal to 2,500 square
feet of impervious surface area. All single-family residences will
be deemed to be one EDU, regardless of impervious surface area.
means an artificially created hard-surfaced area that either
prevents or retards the entry of water into the soil mantle and/or
causes water to run off the surface in greater quantities or at an
increased rate of flow from that present under natural conditions.
Impervious surfaces may include, but are not limited to, rooftops,
concrete or asphalt paving, walkways, patios, driveways, parking lots
or storage areas, trafficked gravel, and oiled, macadam or other surfaces
which similarly impede the natural infiltration or runoff of storm
water. However, not all driveways or concrete are impervious, and
the Public Works Director will determine whether a particular surface
is impervious.
means any area that the Public Works Director determines
has been altered such that the runoff from the site is greater than
that which could historically have been expected. "Improved premises"
do not include public roads under the jurisdiction of the City, County,
State, or Federal government.
means the occupant, lessee, tenant, contract purchaser, owner,
agent or other person having possession of property, or if no person
is in possession, then the person in control of the use of the property,
or in control of the supervision of development on the property.
means any portion of the storm water system on private property
and not within a City easement.
means water from precipitation, surface, or subterranean
water from any source, drainage, and non-septic wastewater.
means the operations of the City's storm water system in
providing programs and facilities for maintaining, improving, regulating,
collecting, and managing storm water quantity and quality within the
City's service area.
means any structure or configuration of ground that is used
or by its location becomes a place where storm water flows or is accumulated,
including, but not limited to, pipes, sewers, curbs, gutters, manholes,
catch basins, ponds, creeks, open drainageways, ditches and their
appurtenances.
(Ord. 533 §1, 2021)
Except as otherwise provided in this chapter, the City provides
storm water services to all properties within the City that have impervious
surfaces that result in discharge or runoff into the City storm water
system.
(Ord. 533 §1, 2021)
(A)
The
City Council may, by resolution, establish fees and charges necessary
to provide and operate City's storm water system and service.
(B)
Unless
another person responsible has agreed in writing to pay for storm
water service and a copy of that writing is filed with the City, the
person receiving the City's water bill shall pay the storm water charges
as set by City Council resolution. The fee shall be based on EDUs.
If there is no water service to the property or if water service is
discontinued and the property is an improved premises, the storm water
charges shall be paid by the person responsible for the property.
The person required to pay the charge is hereafter referred to as
the "customer."
(Ord. 533 §1, 2021)
(A)
Charges
for storm water service supplied by the City to any customer shall
be charged for and billed to each such customer in accordance with
rates established by Council resolution.
(B)
The customer shall be responsible for all storm water service fees and charges, except as allowed by Section 3.70.040 of this chapter.
(C)
Billings
may be prorated. The proration shall be a daily rate determined by
dividing the annual minimum billing by 365 days times the number of
days of occupancy from last meter reading and/or billing date.
(D)
All
money collected through storm water fees and charges shall be used
for the improvement, maintenance, and repair of the City storm water
system.
(Ord. 533 §1, 2021)
(A)
The
City shall bill storm water fees and charges in the same manner and
at the same times as it bills for water service and shall combine
the storm water bill with the water and/or sewer bill.
(B)
A
delinquent fee, in an amount established by resolution of the City
Council, shall be added to all delinquent accounts.
(C)
The
City Recorder (or designee) is authorized to determine what constitutes
a de minimis account balance and to waive the penalties in subsections
B and D of this section in de minimis or extenuating circumstances.
(D)
In addition to other lawful remedies, the City Recorder (or designee) may enforce the collection of charges authorized by this chapter by withholding delivery of water to any premises where the storm water service fees and charges are delinquent or unpaid, following the procedures and standards for shutting off water service for non-payment of water bills as provided in Section 3.36.020 of this code.
(Ord. 533 §1, 2021)
Any customer aggrieved by any charge or decision made with regard
to the customer's account may appeal to the City Recorder by filing
with the City a written request for review no later than 10 days after
receiving the decision. The City Recorder's decision shall be subject
to review by the City Council upon filing of an appeal within 15 days
of the notice of decision.
(Ord. 533 §1, 2021)
(A)
No
unauthorized person shall damage, destroy, uncover, deface, or tamper
with any conduit, structure, appurtenance, or equipment that is part
of the City storm water system. No person may alter any conduit, structure
or equipment that is part of the City storm water system except as
authorized by the City. No person may fill or divert any open portion
of the City storm water drainage system except as authorized by the
City.
(B)
No person shall discharge or cause to discharge directly or indirectly to the storm water system anything that could not be discharged to the sewage system under Chapter 3.68 of this code.
(C)
No
person shall discharge any sewage into the storm water system.
(D)
No
person shall discharge any hazardous materials into the storm water
system. Application of normal amounts of garden and lawn fertilizer
and pesticides to lawns and gardens shall not be considered a discharge
of a hazardous material under this section.
(Ord. 533 §1, 2021)
The owner of property where a private storm water facility is located shall maintain the private storm water facility in a properly functioning condition and shall operate the private storm water facility to avoid flooding or erosion in excess of what would occur under natural conditions. An improperly maintained or operated private storm water facility that results in flooding or erosion in excess of what would occur in natural conditions is a nuisance and may be abated as provided in Chapter 5.04 of this code.
(Ord. 533 §1, 2021)
A violation of any provision of this chapter is punishable as set forth in Chapter 1.36 of this code and is a civil infraction with a maximum civil penalty of $500.00. Each day of violation may be cited as a separate infraction.
(Ord. 533 §1, 2021)
