§ 110-109. Stormwater utility fees.

(a)

A stormwater utility fee is hereby assessed against each property within the city. To assess the foregoing fee against each property within the city, the public works department shall establish an account for each property (or each use thereon) based upon existing city utility accounts, applications for service, and county tax assessor property information or other ownership records.

(b)

For the purpose of this article, each dwelling unit is assigned one ERU. For properties which do not contain a dwelling unit (i.e. nonresidential developed properties), the ERU is calculated by dividing the impervious area on the property by 791 square feet (e.g., a nonresidential developed property containing 1,582 square feet of impervious area is equivalent to 2 ERUs.) For purposes of calculating ERUs for mixed-use developed properties, the number of ERUs for each property shall be calculated by adding the number of ERUs for dwelling units on the property plus the number of ERUs attributable to that portion of the property not used for dwelling units. With respect to ERUs for nonresidential developed property and that portion of the property in mixed use developed property not used for dwelling units, a stormwater account shall be established based upon each separate use. If more than one nonresidential account is established with respect to such nonresidential or mixed use properties, the ERUs shall reflect the ratio of square feet attributable to each use in relation to the total square feet attributable to that portion of the property not used for dwelling units.

(c)

The fee assessed against each account shall be determined by multiplying the stormwater utility service charge as specified in appendix A by the number of ERUs for each account. The amount of such fee shall be shown as a separate item on water bills (or as shown on a stormwater utility bill if no water bill is issued) and shall be paid by the owner, tenant or occupant in possession of the premises at the same time and in the same manner as is provided in this chapter for the payment of water bills.

(d)

For the purpose of calculating stormwater utility fees, the calculation of ERUs is based upon property usage. The property usage shall be determined by the public works department based on but not be limited by state and county land use codes, occupational licenses, and site inspections.

(e)

Any authorized representative of the public works department shall have free access to the properties at any reasonable time for the purpose of determining property usage for the purpose of calculating stormwater utility fees and obtaining billing account information.

(f)

The number of ERUs calculated for each account shall be rounded up to the nearest whole number.

(g)

The minimum charge assessed against each property shall be one ERU.

(h)

The fees collected by the city with respect to the stormwater utility, together with investment earnings thereon, shall be deposited in the stormwater utility fund and shall be used exclusively for planning, constructing, financing, operating and maintaining the stormwater utility and the infrastructure of the stormwater management system. The city may pledge such fees as security for indebtedness incurred by it in connection with the stormwater utility and the stormwater management system.

(Ord. No. 96-3051, § III(45-33), 9-11-96)