This chapter shall be known as the "City of Mill Valley Clean Stormwater Activity Fee" and may be so cited.
(Ord. 1137, July 17, 1995)
The purpose of this chapter is to ensure the future health, safety, and general welfare of the citizens of the City of Mill Valley by establishing a funding source to provide enforcement of the City's Urban Runoff Pollution Prevention Ordinance, to provide maintenance and repair of the City's stormwater drainage facilities, to provide capital improvements to the City's storm drainage system, to cover administrative costs for review of Watercourse Modification Permit applications, and to provide other clean stormwater activities.
The intent of this chapter is to protect and enhance the water quality of the state's, and the nation's watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act (33 U.S.C. § 1251 et seq.).
Includes, but is not limited to, those stormwater drainage conveyance facilities within the City by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains, which are not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2. Storm drainage system also includes "storm drains" as defined in Section 17.06.040(D).
Includes, but is not limited to, all programs required by the Marin County Stormwater Pollution Prevention Program and the BURCP Basin Plan Permit, the operation and maintenance of the City's stormwater drainage system, any capital improvements to repair, rehabilitate, replace, or improve components of the stormwater drainage system, the enforcement of the Urban Runoff Pollution Prevention Ordinance (Chapter 17.06) and related regulations, the administration of this ordinance and of Chapter 17.06, and any other activities related to the foregoing.
That category of land use assigned to a parcel of real property as shown on the most current official assessment roll of the Marin County Assessor.
A unit of real property in one ownership as shown on the most current assessment roll of the Marin County Assessor.
The area of a unit of real property in one ownership as determined from records maintained by Marin County or the City of Mill Valley.
The indicator of stormwater generation of a parcel; it is based upon the average ratio of impervious area to total parcel area for a particular land use category.
The average estimated amount of impervious area of parcels in the single family residential land use category; it is the product of the average single family residential parcel size multiplied by the runoff factor for single family residential parcels: 7,500 sq. ft. x 0.4 = 3,000 sq. ft.
Every person, corporation or entity which owns real property within the City of Mill Valley shall pay an annual fee to the City of Mill Valley for clean stormwater activities. A fee will also be established for Public Works Department review of Watercourse Modification Permit applications.
A.
Single Family Residential. The annual clean stormwater activity fee for owners of parcels in the single family residential land use category shall be the rate per one Standard Runoff Unit (RU).
B.
All Other Land Use Categories. The annual clean stormwater activity fee for owners of parcels in all other land use categories shall be calculated using the following formula: [(parcel size x-runoff factor) / (RU)] x [rate per RU]
C.
Runoff Factors. The runoff factors for various land use categories shall be those set forth in the following table:
LAND USE CATEGORY | RUNOFF FACTOR |
|---|---|
Single family Residential | .4 |
Multi-Residential | .6 |
Commercial | .8 |
Industrial | .8 |
Vacant Land | .1 |
D.
Rate Per Runoff Unit. The rate per runoff unit shall be set by the City Council of the City of Mill Valley, by Resolution; said rate may be adjusted from time to time, in accordance with the City's procedures for adopting rates, fees and charges.
E.
Watercourse Modification Permit Fee. The permit (required for activities defined in Section 17.06.110 of the Municipal Code) will require Public Works Department review and administration comparable to that currently required for encroachment permit review. Accordingly, the permit application fee shall be set forth by the City Council of the City of Mill Valley, by Resolution; said fee may be adjusted from time to time, in accordance with the City's procedures for adopting rates fees and charges.
A Clean Stormwater Fund is hereby established in the City Treasury. All income and revenue collected from real property owners pursuant to this ordinance shall be paid into the Clean Stormwater Fund. Said income and revenue shall be expended only for clean stormwater activities, and shall not be expended for any other purpose.
The City Manager is authorized to have the fees imposed by this ordinance collected by the County of Marin in conjunction with the County of Marin's collection of property tax revenues for the City of Mill Valley. Watercourse Modification Permit application fees shall be collected directly by the City of Mill Valley. In the event that the County of Marin collects the fees imposed by this ordinance, the imposition of additional penalties, fees, charges and interest upon property owners who fail to pay the fee imposed by this ordinance, or who fail to pay any delinquent amount under this ordinance, shall be subject to and governed by the rules, regulations and procedures utilized by the County of Marin in its collection of property taxes, charges and fees for the City of Mill Valley, and its collection of this additional fee for the City of Mill Valley. Every penalty imposed and such interest as accrues under the provisions of this ordinance shall become a part of the fee required by this ordinance.
Delinquent fees are hereby made a lien upon the real property served by the stormwater drainage system. The amount of any fee, penalty, charge or interest imposed under the provisions of this ordinance shall be deemed a debt owed to the City of Mill Valley.
The City may seek legal, injunctive, or other equitable relief to enforce this ordinance. In any such action the City shall be entitled to reasonable attorneys fees and costs. The remedies established in this ordinance are cumulative and in addition to any other remedies available to the City for the collection of the fees imposed by this ordinance.
(Ord. 1137, July 17, 1995)