100.01 Definitions | 100.06 Billing |
100.02 Storm Water Utility Established | 100.07 Delinquency, Collection, Interest and Penalties |
100.03 Charges and Fees In General | 100.08 Disconnection; Reclassification; Termination |
100.04 Storm Water Utility User Charge | 100.09 Adoption of Rules; Interpretations and Appeals |
100.05 Calculation of Equivalent Service Units and Amount of Charge | 100.10 Urban Drainage Districts |
The following words have the following definitions when used in this chapter, and any resolution and order adopted pursuant hereto, unless the context requires otherwise or unless such word is expressly defined otherwise:
1. “Connection” means the physical act or process of directing or allowing the flow of storm and surface waters to the storm sewer or drainage line, or joining onto an existing side sewer, for the purpose of connecting private impervious surface or other storm and surface water sources or systems to the public storm and surface water system. It also includes creation or maintenance of impervious surface that causes or is likely to cause an increase in the quantity or decrease in quality or both from the natural state of storm water runoff, and which drains, directly or indirectly, to the storm and surface water system.
2. “Date of imposition” or “imposition date” means July 1 of each fiscal year or such other date designated by the Council, at which time a charge is imposed and becomes the legal obligation of the user. The obligation may include the cost of services to be provided during the billing period or for services previously provided to the same person under this chapter.
3. “Days” means calendar days unless otherwise specified.
4. “Equivalent service unit” or “ESU” means a measurement unit based on the impervious surface area of an average improved single-family dwelling lot or parcel within the City (as determined by a statistical sampling performed by the City). Except as provided in Section 100.04, one equivalent service unit shall be deemed to be 3,000 square feet of impervious surface. See Section 100.05, “Flat Rate Uses” for further clarification.
5. “Impervious surface area” means all land area that has been altered from its natural state such that it does not allow the infiltration and retention of water equivalent to that of undisturbed soil. This includes, but is not limited to: pavement, buildings, decks, parking areas, and compacted gravel areas. Impervious surface does not include improved streets, roads and sidewalks within the public right-of-way; bike paths; railroad beds; or quarry excavation areas and temporary service roads in the excavation areas. Rather, such facilities are deemed to be a part of the public surface water drainage conveyance system or to constitute non-impervious surfaces.
6. “Improved single dwelling parcel” means a lot or parcel on which a single-family dwelling or duplex exists at any time during the same years as the imposition of the charge.
7. “Occupant” means the person residing or doing business on the property. In a family or household situation, the occupants responsible for the obligations herein imposed are the adult heads of the household, jointly and severally. In a dwelling or office sharing situation, the adult occupant legally responsible for the management or condition of the property is responsible.
8. “Owner” means the legal owner of record, as shown on the tax rolls of the County, or where there is a recorded land sale contract, the purchaser thereunder.
9. “Person,” as used herein, means any individual, public or private corporation, political subdivision, governmental agency, municipality, partnership, association, firm trust or any other legal entity whatsoever.
10. “Rule” means any written standard, directive, interpretation, policy, regulation, procedure or other provision, adopted by the Council as a Resolution and Order to carry out the provisions of this chapter.
11. “Storm and surface water drainage system” means any combination of publicly owned storm and surface water quantity and quality facilities, pumping or lift facilities, storm and secondary drain pipes and culverts, open channels, creeks and rivers, force mains, laterals, manholes, catch basins and inlets, including the grates and covers thereof, detention and retention facilities, laboratory facilities and equipment, and any other publicly owned facilities for the collection, conveyance, treatment and disposal of storm and surface water comprising the total publicly owned storm and surface water system within the City, to which sanitary sewage flows are not intentionally admitted.
12. “User” means any person who uses property which maintains connection to, discharges to, or otherwise receives services from the City for surface water management. The occupant of occupied property is deemed the user. If the property is not occupied, the person who has the right to occupy it shall be deemed the user.
The Council may adopt by ordinance the charges, rates, and fees for the use of the City’s storm and surface water system, and for services provided by the City relating to that system. Such charges and fees shall be just and equitable based upon the actual costs of operation, maintenance, acquisition, extension and replacement of the City’s system, the costs of bond repayment, regulation, administration, and services of the City’s storm and surface water system and program, and for services of the City. Except as specifically provided in this chapter, all charges and service fees shall be due and payable in advance of provision of service.
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