§ 108.04 RATES AND CHARGES.
   (A)   Land use rate calculation. Rates and charges for the use and availability of the system are to be determined through the use of a "residential equivalent factor" which is defined as the ratio of the average volume of surface water runoff coming from one acre of land subjected to a particular use, to the average volume of runoff coming from one acre of land subject to typical single-family residential use within the city during a standard rainfall event. All developed single-family parcels shall be considered to have an acreage of one-third acre per unit. Calculations for stormwater utility rates for various land uses are based upon their residential equivalent factor (REF). The REF values for various land uses are as follows:
 
Land Use Class
REF
Single Family Residential
1.00
Townhouse/Two-Family Residential
1.20
Multi-Family Residential (Four-plex and up)
1.30
Business
2.10
Industrial
2.40
School/Church
1.00
 
   (B)   Calculation of fees. The service charge to be billed each billing unit shall be a fair and equitable share of the total costs of the system. Further, service charges shall be apportioned to similar land uses of property similarly. From time to time the City Council shall adopt a resolution establishing a class charge rate calculation table for all billing units. These quarterly charges shall be listed in the City Code Appendix fee resolution table.
   (C)   Other land uses. Other land uses not listed in the City Code Appendix class charge rate calculation table are to be classified by the City Manager or authorized designee, by assigning them to the classes most nearly like the listed uses, from the standpoint of probable hydrologic response. Appeals from the City Manager or authorized designee's determination of the proper classifications may be made to the City Council in the same manner as other appeals from administrative determinations.
   (D)   Adjustment of charges. The City Council may by resolution, from time to time, adopt policies providing for the adjustment of charges for parcels or grounds of parcels, based upon data supplied by affected property owners, demonstrating an actual runoff volume substantially different from the calculation being used for the class of parcel or parcels. The adjustment may be made only after receiving the recommendation of the City Manager or authorized designee and may not be made effective retroactively. If the adjustment would have the effect of changing the calculation for all or substantially all of the land uses in a particular classification, however, such adjustment must be accomplished by amending the class charge rate calculation table found within the City Code Appendix.
   (E)   Excluded lands. A charge for system availability of service will not be made against land which is either (i) public streets right-of-way, or railroad road right-of-way or (ii) vacant and unimproved, or fallow, with substantially all of its surface having vegetation as ground cover, and (iii) city owned land.
   (G)   Supplying information. The owner, occupant or person in charge of any premises must supply the city with such information as the city may reasonably request related to the use, development and area of the premises. Willful failure to provide such information or to falsify it is a violation of this subsection.
   (H)   Estimated charges. If the owner, occupant or person in charge of any premises fails or refuses to provide the information requested, as provided above, the charge for such premises must be estimated and billed in accordance with such estimate, based upon information then available to the city.
   (I)   Billings and collections. Storm sewer service charges shall be placed on the utility accounts of property for the use and availability of the system and are payable quarterly in accordance with usual and customary practices in rendering of water and sanitary sewer bills.
   (J)   Penalties and remedies for delinquency or default in paying billings. Penalties and remedies for late payments or non-payment of billings are the same as those applicable to billings rendered for water and sanitary sewer service. In the event a bill becomes delinquent, the City Council may cause the delinquent charges to become a lien against the property served by certifying to the Hennepin County Taxpayers Services Division the amount of such delinquent bill in accordance with the Act.
(Ord. 2002-981, passed 11-25-02)