(A) Findings and Determinations. This Council finds and determines that:
(1) There exists in this city an urgent need to provide for improvements to, and for repair and maintenance of, public facilities for the control and management of surface waters, which facilities in their current state are inadequate to prevent flooding during periods of heavy rainfall and resulting threats to the lives and safety of persons and damage to roadways, storm sewers, culverts, ditches, retention basins, buildings and other structures, recreation areas, and other property both public and private. Such improvements, repair and maintenance are needed also to reduce or eliminate infiltration of the city’s sanitary sewer system, to reduce the amount of standing water that enables the breeding of harmful insects, and to reduce environmental hazards to streams and other watercourses from contaminants that are picked up by flowing surface water. The improvements and activities described in this division (A)(1) are needed to comply with current and anticipated federal and state environmental laws and regulations;
(2) Financial resources currently available to the city for the improvement, repair and maintenance of public storm water system management facilities and systems are inadequate to provide for an effective and continuing program of storm water systems management, and the charges for such purpose provided for herein, along with other money that is available and to be made available, are estimated to be adequate for such purpose and are fair and reasonable in amount;
(3) All of the residents of the city and all of the owners of lots and lands in the city will benefit from such an effective and continuing program of storm water system management, and a fairly apportioned charge for such benefits as provided for herein will help to provide the necessary financial resources for such purpose;
(4) The cost of a detailed survey of the size and configuration of all of the lots and lands in the city and of the buildings, paved areas and other features of each of those parcels, as estimated in reports and proposals made to the city, for the purpose of apportioning costs of the Storm Water System Management Program would impose prohibitively high and unnecessary costs on both the city and its residents and property owners, and the method of apportionment of such costs provided for herein is fair and reasonable and is in the best interests of this city and its residents; and
(5) It is necessary to provide procedures for the collection, administration, and enforcement of charges provided for in this section as the first phase of a multi-phase and comprehensive Storm Water Management Program.
(B) Deficits Prohibited. As part of an annual review of the Storm Water System Management Fund, the Director of Finance and the Director of Public Service shall make an estimate of the revenues and expenses for the next year for the Storm Water System Management Fund. After deducting: (1) the estimated operation and maintenance costs; (2) any estimated debt service costs; and (3) any repair and replacement reserve payment, from the total estimated revenues and net carry-over from the previous year for the Fund, the Storm Water Systems Management Fund shall maintain a positive year-end balance. The Director of Public Service and the Director of Finance, following each such annual review, shall recommend to the Council any changes to the storm water system management charges that they believe to be necessary.
(C) Definitions. As used in this section, the following words, terms and phrases have the meanings given to them in this section, except where the context clearly indicates a different meaning.
“Credits.” On-going reductions in the storm water management program charges applicable to a given parcel in recognition of its underdeveloped state and on-site detention/retention facilities.
“Domestic user.” Any single-family house, government building, or individual condominium unit that is part of a building or development consisting of fewer than four condominium units.
“Drainage system.” Natural and structural channels, swales, ditches, swamps, rivers, streams, creeks, wetlands, branches, reservoirs, ponds, drainageways, inlets, catch basins, gutters, pipes, culverts, bridges, head walls, storm sewers, lakes, and other physical works, properties and improvements that transfer, control, convey or otherwise influence the movement of storm water runoff.
“Earth-disturbing activity.” Any grading, excavating, filling, or other alteration of the earth’s surface by which natural or human-made ground cover is destroyed.
“Equivalent dwelling unit.” One domestic use per 4,000 square feet of impervious surface area.
“Impervious surface.” Any surface that cannot effectively absorb or infiltrate water. “Impervious surfaces” include, but are not limited to, roads, streets, parking lots, rooftops and sidewalks.
“Natural state.” Describes existing land, water, soil, and vegetation characteristics that have not been substantially modified or disturbed by development activities and the hydrologic function is in an unaltered condition.
“Service charge.” A storm water management service charge that generally reflects the impact on or demand for storm water management services provided by the city to properly control and manage storm water runoff quantity and/or quality associated with the lot or parcel.
“Storm water.” The runoff from precipitation that travels over the natural state or developed land surfaces and enters a drainage system.
“Storm Water Management Program.” An identified set of measures and activities designed to protect, restore, and/or manage storm water quality by controlling velocity, volume, and rate.
“Undisturbed parcel.” Real property that is in its natural state, that has not been altered by any earth-disturbing activity, and as to which the ground cover and/or tree canopy has not been altered.
“Vacant parcel.” Any tract, lot or parcel of land without a structure or dwelling unit that does not meet the definition of an undisturbed parcel.
(D) Storm Water System Management Program Charges, Residential. For the purpose of providing money that is needed to improve, repair and maintain storm water facilities in the city and to comply with the requirements of the NPDES Phase II Storm Water Program of the United States Environmental Protection Agency, commencing January 1, 2008, there is hereby imposed on each lot or parcel in the city, including condominium units, a Storm Water System Management Program management charge. For each domestic user the charge shall be at the rate of $4 per month for each domestic user and shall be added to and billed quarterly with the sanitary sewer charges imposed by the city. In the case of any lot or parcel that is used or zoned for residential purposes (including multi-family dwellings) and that is not subject to a sanitary sewer charge, the storm water system management charge shall be billed to the owner of the lot or parcel and sent to the owner’s last known address or to the address to which tax bills are sent.
(E) Storm Water System Management Program Charges, Nonresidential. The Storm Water System Management Program charges for parcels, including multi-tenant apartment buildings, and condominium developments consisting of four or more units, that are not subject to the charges for domestic users provided for in division (D) of this section shall be calculated as multiples of the Equivalent Dwelling Unit (EDU) charge for a single-family house, which has been calculated as 1 unit = 4,000 square feet of impervious surface area, determined as follows.
(1) The City Engineer shall calculate an average area of impervious surface of a typical residential parcel in the city by measuring the impervious surface area for no fewer than 12 developed, single-family, residential parcels in the city. The measured parcels shall be located throughout the city and shall be selected to represent a cross-section of the houses throughout the city. An average amount of impervious surface per residential parcel shall be determined by dividing the sum of all measured impervious area by the total number of parcels measured and shall be known as the equivalent dwelling unit (“EDU”).
(2) The City Engineer shall measure the impervious area of each nonresidential parcel in the city and shall calculate the appropriate number of EDUs for each parcel by dividing its measured value by the average area value for residential parcels calculated as provided above. In no case shall the EDU value for a nonresidential parcel be less than one, provided that the EDU value for individual units on a single parcel may be a percentage of one. The monthly charge for any parcel that is vacant and does not have impervious surfaces shall be equal to the rate for domestic users provided for in division (D) of this section.
(3) The City Engineer shall use a consistent method of measurement, shall have the authority to determine the method most appropriate for carrying out the intent and purposes of this section, and shall keep all EDU calculations on file for inspection by any interested person.
(4) The Building Commissioner shall upon issuance forward to the City Engineer a copy of each permit issued for a nonresidential parcel that will create additional impervious surface area, in order that EDU values can be updated as necessary.
(5) A current list of the EDU values for all nonresidential parcels in the city shall be forwarded to the Director of Finance on or before January 1 of each year.
(F) Billing Procedures.
(1) The charges established by this section shall be billed quarterly in arrears.
(2) Bills shall be mailed to the owner of the property at the mailing address of the property being billed unless the owner shall, in writing, request the bill be sent to a different mailing address of the owner. Bills shall not be sent to a lessee of the property. In the case where the land is separately owned from the building, the bill shall be sent to the mailing address of the owner of the building.
(G) Changes of Address or Ownership.
(1) Upon the change of his or her or its mailing address, an owner of property shall inform the Finance Department of the city of the change. Failure to inform the city of a change of address shall not excuse an owner from any payment penalties incurred because of the failure to report an address change.
(2) Prior to the sale of a property, the present owner shall contact the Finance Department to arrange for pro-ration of the final bill. The final bill shall be sent to the mailing address specified by the present owner. Failure of a previous owner to comply with this requirement shall not excuse the new owner from responsibility for any and all delinquencies certified pursuant to the Ohio Revised Code, current charges or penalties remaining unpaid by the previous owner.
(3) Prior to the sale of a property, the purchaser shall contact the Finance Department to arrange for a pro-ration of the first bill and to inform the city of the mailing address of the new owner. Failure to comply with this requirement shall not excuse the new owner from responsibility for any and all delinquencies certified pursuant to the Ohio Revised Code, current charges or penalties remaining unpaid by the previous owner.
(H) Payments and Penalties.
(1) Payment shall be due on the thirtieth day after the date of the bill. If that thirtieth day of the month falls on a Sunday or holiday, payment shall be due the previous business day. If payment is made by mail, the envelope must be postmarked not later than the due date of the bill. A penalty of 10% of the amount billed shall be added to any bill that is not paid by the due date.
(2) Checks and money orders shall be paid to the City of Broadview Heights.
(3) A bill that remains unpaid at the end of the calendar year will be certified to the County Auditor to be collected on the real estate taxes as a sewer assessment.
(4) If a bank should return a check for insufficient funds, an account will be subject to an insufficient funds charge of $25.
(5) If a person has two checks returned for insufficient funds, the city may require all future payments to be made in cash or money order.
(6) Upon the claim of a person that the return of a check for insufficient funds was a bank error, the city may waive an insufficient funds charge and/or accept payment by check if the bank supplies adequate documentation of its error.
(7) A person should contact the Finance Department if he or she fails to receive a bill by the eighth day of the first month of a calendar quarter. Upon a claim of a person that a bill was not received:
(a) If the records of the city show the bill was duly mailed to the last reported mailing address, the person shall be responsible for timely payment of the bill.
(b) If the records of the city show the bill was not duly mailed to the last reported mailing address, the Finance Department may either:
1. Issue a bill due ten days from the date of mailing; or
2. Add the unpaid charge to the following quarter’s bill without a penalty.
(8) In using the U.S. postal service for delivery of their payment of a sewer service charge, owners assume responsibility for any failure of the U.S. postal service to deliver the payment to the city. Accordingly, the Finance Department shall not waive payment penalties for any person claiming that the U.S. postal service failed to deliver a payment.
(I) Delinquencies. Any unpaid billings, together with accrued penalties, shall be annually certified to the County Auditor, pursuant to the Ohio Revised Code, who shall place such delinquencies upon the real property tax duplicate for the property receiving sewage service. Such delinquencies shall be a lien upon the property from the date the delinquency is placed upon the real property tax duplicate and shall be collected in the same manner as other real estate taxes. Failure to pay delinquencies certified may result in a foreclosure of the property by the County Prosecuting Attorney. This procedure shall be in addition to all other collection remedies provided by law, including an action in small claims court.
(J) Liberal Interpretation. This section shall be interpreted liberally to effectuate its broad remedial purpose of protection of the public health, safety and welfare. Absent a showing of actual abuse of discretion, the city’s interpretation of this section shall have a strong presumption of validity.
(K) Grievances and Appeals.
(1) Any person aggrieved by a decision of the city under this section may file a written grievance with the Director of Public Service. The written grievance shall set forth the substance of the city’s decision and the basis of the person’s complaint.
(2) The Director of Public Service shall investigate the grievance and issue a written determination. The determination shall include the following:
(a) Name, address and location of the premises of the complainant;
(b) A summary of the complainant’s claim;
(c) A summary of the facts revealed by the city’s investigation;
(d) An interpretation of any applicable regulation, law or policy;
(e) A notice of the person’s right of appeal to the city; and
(f) A copy of this grievance and appeal procedure.
(L) Deposit of Proceeds. Money received by the city in payment of the charges imposed and billed pursuant to this section shall be deposited promptly upon receipt into the Storm Sewer Fund, which hereafter shall be designated as the Storm Water System Management Fund, as part of the city’s budget and accounting system, separate and apart from the General Fund. Interest earned on investment of the moneys in the Storm Water System Management Fund shall be credited to that Fund, and the city’s expenses incurred in the billing and administration of that Fund shall be charged to that Fund. Moneys in the Storm Water System Management Fund shall be used exclusively for the purposes set forth in division (D) of this section, including payment of debt service charges on any notes or bonds of the city issued for any of such purposes.
(M) Credits.
(1) The calculated Storm Water Management Program charge may be reduced for a parcel as to which runoff control measures have been approved by the city, successfully implemented, and properly managed and implemented in accordance with the code of ordinances of the city. Review and analysis of these measures shall be conducted bi-annually, upon the written request of the owner of the parcel, on an individual case basis by the City Engineer, according to established policies and standards, and the decision of the City Engineer as to the eligibility of the parcel for such reduction or for the continuance or revocation of a reduction that was previously approved shall be provided in writing to the property owner and to the Director of Finance. The maximum rate reduction shall be 50% of the calculated rate.
(2) The calculated Storm Water System Management Program charges may be reduced for an undisturbed parcel. Review and analysis of such a parcel shall, upon the written request of the owner of the parcel, be conducted on an individual basis by the City Engineer, and the decision of the City Engineer shall be provided in writing to the property owner and to the Director of Finance. The maximum rate reduction shall be 100% of the calculated rate. An approved credit shall immediately be revoked from an undisturbed parcel upon the determination by the City Engineer, which shall be communicated in writing to the owner of the parcel and to the Director of Finance, that any earth-disturbing activity has taken place or that the parcel has been changed from its natural state.
(3) Vacant parcels are not eligible for credits under this section.
(4) The City Engineer and his or her authorized employees and agents are authorized, during regular business hours and upon not less than three days’ written notice to the owner of a parcel as to which a credit has been requested or granted under this section, to enter upon the property for the purpose of making a review and analysis of the property as provided for in this section.
(Ord. 100-07, passed 9-4-2007; Ord. 52-08, passed 4-21-2008)