(A Imposed. Each developed parcel of real property in the city shall be charged a Storm Drain Utility fee.
(B) ESU. The fee shall be based on the number of equivalent service units (ESUs) contained in the parcel. The City Council finds that the ESU is the most accurate measurement for determining the amount that each parcel contributes to, benefits from and otherwise uses the storm drain utility. Based on a study completed by the City Engineer, the City Council finds and establishes that one ESU equals 3,000 square feet of impervious surface area.
(C) Calculation. The City Council finds that each single-family residential parcel contributes approximately the same amount of storm water runoff. Therefore, each developed single-family residential parcel shall pay a base rate of one ESU. All other developed parcels, including multiple- family residential parcels, shall be charged a fee based on the number of ESUs on the parcel. If there is more than one city utility bill for the parcel, the fee shall be divided between the city utility bills covering the parcel. The actual monthly fee (service charge) shall be computed by multiplying the total ESUs for the parcel by the monthly rate.
(D) Charge per ESU. The amount charged for each ESU shall be established by resolution of the City Council.
(E) Exemptions and credits. The Storm Drain Credit Review Committee may establish exemptions and credits to the storm drain utility fee. Exemptions set forth by City Res. 98-20 include the following.
(1) Undeveloped parcels. Undeveloped parcels shall not pay any storm water drainage utility fees.
(2) Streets. The City Council finds that all streets (publicly and privately owned) are part of the storm utility conveyance system and are therefore exempt from the storm drain fee. For the purpose of this section, STREETS shall include the following:
(a) Any publicly-owned rights-of-way;
(b) Any property that has been dedicated, deeded or condemned as a street and accepted by the city as a street;
(c) Any property that has been abandoned to the public as a street, if the city considers the property a street and maintains it as such;
(d) Any thoroughfares (publicly or privately owned) that are open to the public, provide access to real property and are used primarily for vehicular traffic; and
(e) Any railroad rights-of-way.
(3) Common area. Common areas in residential condominium and PUD developments shall not be assessed a storm drain utility fee if each of the residential units in the development are assessed the standard residential fee.
(F) Policies. The Public Works Director may adopt policies, consistent with this chapter and any resolutions passed by the City Council, to assist in the application, administration and interpretation of this chapter.
(G) Appeals. Any person or entity that believes that this chapter, or any storm drain utility rate resolution, was interpreted or applied erroneously may appeal to the Director of Public Works. The appeal shall be in writing, shall state any facts supporting the appeal, and shall be made within ten days of the decision, action or bill being appealed. The Director may elect to hold a hearing on the appeal. The Director shall decide the appeal within ten days of when the appeal is filed. If the person or entity is not satisfied with the Director’s decision, a further appeal may be made to the City Council (or his or her designee). The appeal to the City Council shall follow the same procedure as the appeal to the Director. The City Council’s decision shall be final and binding on all parties.
(Prior Code, § 24.05.050) (Ord. 00-22, passed 6-1-2000; Ord. 20-01, passed 1-2-2020)