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HomeMy WebLinkAbout2001 - Request to adopt O-01-16 -Stormwater UtilityordINV me ORDINANCE NO. 0-01-16 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 102 TO CREATE ARTICLE V SEBASTIAN STORMWATER UTILITY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City presently owns and operates a stormwater system which has been developed over a number of. years to serve the purpose of collecting, purifying and disposing of storm and other surface waters, and is in the process of expanding, constructing and improving the system; and WHEREAS, the city is authorized by the provisions of Florida Statutes Chapter 166, the Florida Constitution, the City Charter, and Fla. Stat. § 403.0893, to construct, reconstruct, improve, and extend stormwater utility systems, to issue revenue bonds and other debts if needed to finance in whole or part the cost of such a system, and to establish just and equitable rates, fees, and charges for the services and facilities provided by the system; and WHEREAS, this stormwater management system benefits and services all property within the City both directly and, less obviously, by keeping streets open for passage as well as by monitoring and minimizing pollution levels in adjoining waterways; and WHEREAS, based upon empirical functions of personnel serving the City's stormwater needs, the resources needed to perpetuate the stormwater system for an undeveloped lot are not substantially different from those needed to perpetuate the stormwater system for a developed lot; and WHEREAS, the cost of operating and maintaining the city stormwater management system and financing necessary repairs, replacements, improvements, and extensions thereof should, to the extent practicable, be allocated in an equitable manner among those who are served by the system; and WHEREAS, the City Council has determined that it is in the public interest to establish a stormwater utility in accordance with Florida law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended to create Chapter 102, Article V Sebastian Stormwater Utility beginning with section 102-100 which shall read as follows: Sec. 102-100. Utility established. There is hereby created and established in the City, in accordance with section 403.0893 of the Florida Statutes, a stormwater management utility entitled the Sebastian Stormwater Utility. This utility shall be responsible for the city's stormwater management. Section 2. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-101 which shall read as follows: Sec. 102-101. Powers and authority. The Sebastian Stormwater Utility shall have all powers necessary for the exercise of its responsibility for the drainage from all properties within the City, including, but not limited to, the following: (1) Preparation of plans for improvements and betterments to the stormwater management system. .(2) Construction. of improvements and betterments to the stormwater management system. (3) Promulgation of regulations for the use of the stormwater management system, including provisions for enforcement of such regulations. (4) Review and approval of all new development permits within the City for compliance with stormwater management regulations included in present city ordinances or ordinances later adopted. (5) Performance of routine maintenance and minor improvement to the stormwater management system. (6) Establishment of charges for connection and use of the stormwater management system. (7) Evaluation of water quality concerns for discharges to the stormwater management system. (8) Performance of all normal utility functions to include construction, operation, and maintenance of the city's stormwater management system, including, but not limited to, the hiring of staff, the selection of special consultants, the entering into contracts for services and construction of facilities, and the handling of purchase, lease, sale or other rights to property for the stormwater management system. (9) Issuance of revenue bonds or other debt instruments for the purpose of performing those duties as described herein. Section 3. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-102 which shall read as follows: Sec. 102-102. Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Calculated impervious surface of an E.R.U. For purposes of determining a stormwater fee, the calculated impervious surface of an ERU shall be deemed to be 3,285 square feet. Developed nonresidential property. Property zoned for uses other than for residential purposes upon which improvements have been constructed. Developed residential property. Property zoned for residential use upon which is constructed one or more dwelling units. This would include single-family or multi -family dwellings, condominiums and duplexes. Equivalent residential unit (ERU). The statistical average horizontal impervious area of all residential units in the city. Exempt property. Property which shall not subject to a stormwater fee, which is limited to: a. Common areas within multi -family areas. b. Property which is perpetually designated for conservation land uses or which, because of its environmentally sensitive character, cannot be developed under present environmental protection regulations. c. Publicly owned road and drainage right-of-way. Undeveloped parcels. Unimproved property zoned for uses other than for single-family residential purposes or property zoned for residential uses upon which no subdivision improvements have been constructed. Undeveloped single-family residential property. Property improved .and subdivided into single-family residential lots upon which no dwellings have been constructed. Section 4. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-103 which shall read as follows: Sec. 102-103. Stormwater fee; imposition and calculation of. (a) Imposition. A stormwater fee is hereby imposed upon all property within the city unless otherwise exempted, for services and facilities provided by the stormwater management system. For purposes of imposing the stormwater fee, the city has obtained the services of a consulting engineer to develop the statistical rationale for providing just and equitable rates, fees, and charges for the facilities and services provided by the system. (b) Application and classification. (1) Developed residential property. Each dwelling unit shall be billed at a flat fee of one ERU per month. (2) Undeveloped single family residential property. Each undeveloped single family lot shall be billed for one ERU multiplied by a correction factor of 0.67 to calculate the flat monthly rate. (3) Undeveloped parcels. Each undeveloped parcel shall be billed at a rate determined by dividing the total land area of the properties, in square feet, by 11,154 which represents the square footage of a statistically average residential building site in the City, multiplied by a correction factor of 0.67 to arrive at the number of ERUs for that parcel. (4) Developed nonresidential property. Each parcel of developed nonresidential property shall be billed at a rate determined by dividing the total impervious area of the parcel by the Calculated Impervious Surface of an ERU to arrive at the number of ERUs for that parcel. (5) Exempt property. Service charges shall apply to all properties within the city, including those properties classified as nonprofit or tax-exempt for ad valorem tax purposes. Service charges shall apply to all government properties, including properties of the city, including the city -owned buildings, parks, and other properties. However, Exempt Property shall not subject to a stormwater fee. (c) Within the guidelines and procedures established by administrative regulations duly promulgated by the Utility, a landowner may apply for a credit for constructed retention facilities pursuant to South Florida Water Management District requirements or for the existence of atypical physical features to the site, and the City shall reasonably determine said credit based upon the equitable pro -rata decrease in the total services required of the utility in providing the systemic benefits of stormwater management to the property. Section 5. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-104 which shall read as follows: Sec. 102-104. Establishment of fee. There is hereby established as the initial fee for one equivalent residential unit (E.R.U.) the sum of $4 for each month. Said fee shall continue in effect unless and until the City Council, by resolution passed by supermajority, establishes a different rate for any fiscal period following the 2001-2002 fiscal year. Section 6. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-105 which shall read as follows: Sec. 102-105. Collection. (a) Fees for the Sebastian Stormwater Utility levied pursuant to the code shall constitute a non -ad valorem assessment, as set forth in F.S. ch. 197 and shall be collected pursuant to the uniform method of assessing, billing and collecting of the same. The stormwater fee is to be henceforth assessed annually to the owner of each parcel which is subject to the stormwater fee. The assessment roll prepared on electronic medium by Camp, Dresser & McKee, September 15, 2001, from records provided by the Property Appraiser of Indian River County, Florida, and as modified annually hereafter, is hereby adopted for this purpose, The period for which the fee is charged shall coincide with the City's fiscal year. (b) The City may utilize any other method available under the law to collect the stormwater utility fee provided herein, including placement of a lien against the subject property and any real or personal property of landowner, effective as of October 1 of each fiscal period and charged until the same has been paid in full, and said lien thereby created shall be co -equal with the lien of all state, county, district and municipal taxes, superior in dignity to all other liens, titles, and claims, until paid and shall be enforceable in accordance with all available provisions of law. Section 7. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-106 which shall read as follows: Sec. 102-106. Stormwater utility trust fund; use of funds. (a) There shall be established a Sebastian Stormwater Utility Fund for the deposit of all fees collected pursuant to this Article. (b) The stormwater utility fund shall be used exclusively to provide funding for the stormwater management program. (c) No less than 80% of utility fees shall be used to fund capital improvement projects as delineated and programmed in the Stormwater Master Plan adopted by City Council. Section S. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-107 which shall read as follows: Sec. 102-107. Appeal of fee amount; procedure. (a) After having paid in full all utility fees invoiced against his property, any property owner shall have the right to appeal either the utility fee charged, or a credits determination pursuant to Section 102-103(c), with respect to his property as follows: (1) Within 30 days of either the initial mailing of the utility fee bill, or the written determination as to credits, whichever date is relevant, the property owner shall have the right to appeal to the city council. The city council shall have 30 days from the receipt of the notice of appeal within which to hold a hearing on the appeal and thereafter shall render a determination. (2) If the appellant prevails and it is decided a refund is due, the refund amount shall be in accordance with the determination on appeal but shall not include any interest on the refunded fee. (3) Upon filing of a proper petition within thirty (30) days of the determination of City Council, said determination may be reviewed in the Circuit Court by writ of certiorari upon the record made before the City Council. (b) Notwithstanding the provisions set forth above, any property owner shall have until December 1, 2001, to request a review by the City Manager of the utility fee. bill for fiscal year 2001-2002 for claims of errors in classification or calculation. As a condition of requesting such review, the property owner must pay his good -faith estimate of the fees actually due. The City Manager may deny the appeal or modify the amount of the fee. The owner may appeal the City Managers determination to City Council within thirty (30) days and thereafter follow the procedures set forth in subsections (a)(1) _ (3) above. Any claims relating to a credits determination pursuant to Section 102-103(c) must be appealed in accordance with the standard procedure set forth above. Section 9. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section numbered section 102-108 which shall read as follows: Sec. 102-108. Additional regulations. The City Manager may promulgate reasonable regulations concerning the operation of the Sebastian Stormwater Utility, with said regulations subject to modification or nullification by resolution of the City Council. Section 10. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. SEVERABILITY. In the event a court of competent jurisdiction shall hold that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 12. EFFECTIVE DATE. Following its adoption by the City Council, this Ordinance shall take effect October 1, 2001. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember Mn Y and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes pue Vice -Mayor Ben A. Bishop nde Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. noe Councilmember James Hill oe The Mayor thereupon declared this Ordinance duly passed Edid adopted this 26°" day of September, 2001. CITY OF SEBASTIAN, FLORIDA By: �J&N' .!) 4&-f,.r� Mayor Walter Barnes ATTEST: Approved as to form and legality for reliance by the City of Sebastian: Sally A. o, CMC City Clerk Rich 9tnnger, City Atto