The municipal storm sewer system shall be conducted as a public utility
pursuant to Minn. Stat. § 444.075 (2005), from which revenues will
be derived subject to the provisions of this chapter and said Minnesota Statutes.
The stormwater drainage utility shall be a part of the Street Department.
Just and reasonable charges for use, access, connection, and availability
of storm sewer drainage facilities shall be calculated and determined based
on expected and typical stormwater runoff as may be calculated within reasonable
and practical limits and with due and equitable charges.
There is hereby created a Storm Drainage Utility Fund, into which all
charges, when collected, and all monies received from the sale of any facilities,
equipment or any by-product shall be placed. Such monies shall be used first
to pay the normal, reasonable and current costs of operating and maintaining
the facilities. Storm sewer water charges shall be included on the monthly
utility bill. Payment shall be due and payable in full upon receipt of the
bill. Each billing for stormwater drainage fees for use and availability which
are not paid when due shall incur a penalty charge. Penalty charges established
by the City Council for other utilities shall apply to stormwater utility
bills.
Other land uses not listed in the foregoing table shall be classified
by the City Clerk-Treasurer by assigning them to classes most nearly like
the listed uses, from the standpoint of runoff volume for the standard rainfall
event. An appeal of the City Clerk-Treasurer's determination of the property
classification may be made to the City Council.
The City Council may by resolution adopt policies providing for the
adjustment of charges for parcels or groups of parcels, based upon land use
data supplied by affected property owners, which data must demonstrate a runoff
volume for the standard rainfall event substantially different from the REU
number being used for the parcel or parcels. Such adjustment shall be considered
by the City Council.
Public rights-of-way, vacant unimproved land, and City-owned land are
exempt from storm drainage charges.
Any past due stormwater drainage fees in excess of 90 days past due
on October 1 of any year may be certified to the County Auditor for collection
with real estate taxes in the following year pursuant to Minn. Stat. § 444.075,
Subd. 3e (2005). In addition, the City shall have the right to bring a civil
action or to take other legal remedies to collect unpaid charges.
If a property owner or person responsible for paying the stormwater drainage charge questions the correctness of such a charge, such person may have the determination of the charge recomputed by written request to the City Clerk-Treasurer. Such request shall be made within 30 days of the mailing of the billing in question. Any adjustment in the REU basis, however, must be made under the provisions of §
197-6.