Loading...
When a word, term or phrase is used in this chapter, it shall be interpreted or construed first as defined in this chapter; second, if not defined in this chapter, it shall be interpreted or construed as defined in applicable provisions of the Code of Iowa; third, if not defined in the Code of Iowa, it shall be interpreted or construed according to its generally accepted meaning in the storm water industry; and fourth, if it has no generally accepted meaning in the storm water industry, it shall be interpreted or construed according to its common or customary usage.
1. “Agricultural property” means unimproved property used for agricultural purposes.
2. “Area” means the total area of a parcel as determined from sources of information as the City may determine to be appropriate and accurate.
3. “Church” means a building which has religious worship as its main purpose.
4. “Condominium” means a single unit in a multi-unit dwelling or structure that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property.
5. “Connection” means the physical act or process of directly or indirectly allowing the flow of storm or surface waters to the storm sewer, drainage line, or drainage facility, or joining into an existing sewer for the purpose of connecting private surface or other storm and surface water sources or drainage systems to the public storm sewer or surface water drainage system. A connection shall include the creation or maintenance of an impervious or pervious surface that causes or is likely to cause an increase in the quantity or decrease in the quality, or both, from the natural state of storm water runoff and which drains either directly or indirectly to the storm sewer system or surface water drainage system of the City.
6. “Contributor” means any person, firm, corporation, or other entity or organization responsible for the direct or indirect discharge of storm water or surface or subsurface waters to the City’
7. “Days” means calendar days.
8. “Duplex residential property” means two dwelling units joined to each other with a common wall or one above the other, on one or two parcels whether under common or separate ownership.
9. “Dwelling unit” means one or more habitable rooms which are intended or designed for human occupancy and designed for one family with facilities for living, sleeping, cooking and eating.
10. “Equivalent Service Unit” or “ESU” means a measurement unit based on a numerical factor times the impervious and pervious surface areas of a typical single-family residential property within the City. One Equivalent Service Unit shall be deemed equal to a numerical value of 2500.
11. “ESU rate” means the dollar value assigned to each ESU as a monthly charge for storm water utility.
12. “Exempt property” means all property owned directly by the City, which property is exempt from the storm water utility charge.
13. “Impervious area” or “impervious surface area” means the surface area (in square feet) which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions as unimproved property and/or causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions as unimproved property, including, but not limited to: roofs, roof extensions, patios, porches, driveways, sidewalks, pavement and athletic courts.
14. “Mobile home park” means property under common ownership upon which two or more occupied manufactured housing units are harbored, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of such mobile home park.
15. “Multi-family residential property” means Property containing a building or portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums, or offered for rent.
16. “Nonresidential property” means any property developed for commercial, industrial, governmental or institutional use, including office, manufacturing, warehousing, sales, restaurant, day care, nursery, churches, schools, utilities, public service buildings, hospitals, nursing homes, retirement homes, multi-use properties incorporating residential uses and other uses which are not considered exempt property.
17. “Occupant” means the person residing or doing business on the property.
18. “Owner” means the legal owner or legal owners of record as shown on the land records of Carroll County or where there is a recorded land sale contract the purchaser thereunder.
19. “Parcel” means a parcel of record as shown on the land records of Carroll County.
20. “Person” means any individual, public or private corporation, political subdivision, governmental agency, municipality, partnership, association, firm, trust, limited partnership, limited-liability corporation or any other legal entity whatsoever created.
21. “Pervious area” or “pervious surface area” means the area (in square feet) that allows the entry of water into the soil mantle as it entered under natural conditions as unimproved property and/or does not cause water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions as unimproved property.
22. “Revenue” means all rates, fees, assessments, rentals and other charges or other income received by the utility in connection with the management and operation of the system, including amounts received from the investment on deposits of money in any fund or account and any amounts contributed by the City, all as calculated in accordance with sound accounting practices.
23. “School” means public or parochial educational facilities.
24. “Single-family residential property” means one or more parcels of land on which a single-family dwelling unit or duplex residential property not attached to another residential structure exists at any time during the applicable provisions of this chapter. A single-family residential property includes manufactured homes, modular homes, and similar dwelling units if located on separate parcels. Two separate detached dwelling units on a single parcel shall be considered a single-family residential property unless said parcel is classified by Carroll County as a duplex residential property.
25. “Storm water drainage system” means any combination of public storm or surface water facilities, pumping or lift stations, storm and secondary drain pipes and culverts, open channels, creeks and rivers, force mains, laterals, manholes, catch basins, inlets including the grates and covers thereof, detention and retention facilities and other publicly owned facilities for the collection, conveyance, treatment and disposal of storm and surface water within the City.
26. “Storm water utility” or “utility” means the enterprise fund utility hereby created to operate, maintain and improve the storm sewer and storm water drainage system and for such other purposes as stated in this chapter.
27. “Storm water utility system” or “system” means the existing storm water management facilities and flood protection system of the City and all improvements thereto which by this chapter are constituted as the property and responsibility of the storm water utility, to be operated as an enterprise fund to (among other things) conserve water; control discharges and flows necessitated by rainfall events; and incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over drainage, environmental degradation and water pollution or otherwise affect the quality or quantity of discharge from such system.
28. “Townhouse” means a dwelling unit having one or more common walls designed so as to have direct access outside.
29. “Unimproved property” means any property which has not been improved for purposes of a residential or nonresidential use.
30. “User” means any person or entity which uses property that maintains a connection to, discharges to, or otherwise receives services from the City’s storm water drainage system.
The Superintendent shall have the following powers, duties and responsibilities:
1. Administer and enforce this chapter and all rules and procedures relating to the design, construction, maintenance, operation and alteration of the storm water utility system, including but not limited to the quantity, quality and/or velocity of the storm water conveyed thereby.
2. Administer the acquisition, design, construction, maintenance, and operation of the storm water utility system, including capital improvements.
3. Review plans, approve or deny, inspect and accept or reject extensions to the storm water drainage system.
4. Inspect private storm water drainage systems as necessary to determine the compliance of such systems with this chapter and any rules promulgated pursuant to this chapter.
5. Establish and enforce rules to protect and maintain water quality within the storm water utility system in compliance with water quality standards established by State, regional and/or Federal agencies as adopted or amended.
1. Impact of Construction. The storm water utility charge attributable to a property shall not change during the course of construction of improvements to the property. In the event of construction the City shall determine any modifications to the appropriate charge, which shall be effective upon the earlier of:
A. The issuance of a certificate of occupancy.
B. Ninety (90) days after construction is halted, provided the construction is at least 50% complete.
C. Ninety (90) days after construction is completed even if a certificate of occupancy has not been issued.
2. Measured Uses. The charge shall be on the basis of the actual determined number of ESUs rounded to the nearest whole number with no limitation.
3. Parking and Storage Areas. All parking and storage areas whether dirt, gravel or paved, shall be deemed impervious. A parking area is defined as an area where motor vehicles are parked on a temporary basis. This shall include areas such as public or private parking lots.
4. Roads. Public roads shall not be included in the measurement of impervious area. All private roads are to be included in the measurement of impervious areas, except private roads that serve unmeasured uses. A roadway, whether dirt, gravel, or paved, shall be considered impervious and is defined as the area intended for the purpose of providing access for motor vehicles.
5. Storm Water Detention and Retention Facilities. Storm water management detention and retention facilities shall not affect the calculation of the storm water utility charge. Storm water detention or retention basins, which have a surface discharge, shall not qualify the user of the property for any exemption or modification of the determined storm water utility charge.
6. Trails and Landscaping Areas. A dirt or gravel area that is not accessed by motor vehicles or is not otherwise highly compacted shall be considered not an impervious area. These areas shall include such uses as landscaping and dirt or gravel areas accessed by only foot traffic or incidental small vehicle traffic.
1. General.
A. There is hereby established a storm water utility charge. The charge is imposed on every user within the City. The charge may be required to be paid in advance of the provision of the services for the billing period.
B. The storm water utility charge shall be imposed on any person who uses or discharges to the storm water drainage system by:
(1) Maintaining impervious surface area connected to either directly or indirectly and capable of discharge to the storm water drainage system or surface water management; or
(2) Actually discharging storm or surface water into the storm water drainage system; or
(3) Maintaining an unimproved or essentially unimproved property which contributes water either directly or indirectly to the storm water drainage system through surface water runoff; or
(4) Having property located within the natural drainage boundary of a floodway or drainage facility owned and operated by the City for purpose of flood prevention or flood protection.
C. All users of property within the boundaries of the City, whether unimproved property or containing impervious surface area, are presumed to discharge storm water to the storm water drainage system and to generate a demand for storm and surface water drainage services unless property is defined as an exempt property or is specifically determined by any rules promulgated for the implementation of this chapter to be determined not to discharge directly or indirectly to the storm water drainage system.
D. The minimum storm water utility charge billed shall be 1 ESU.
All storm water utility charges shall be on the basis of a whole number of ESUs with the ESUs being rounded to the nearest whole number. For properties with an ESU rounded to zero, the property will not be billed a storm water utility charge.
E. The charge shall be the personal obligation of the user. For purposes of this chapter the owner of the property shall be the user unless an occupant of the property other than the owner shall be determined to be the user. This charge shall constitute a debt due the City as of the date of imposition.
F. There shall be a rebuttable presumption that the owner of the real property as shown on the land records of Carroll County is the occupant and user.
G. Any person who has paid the full amount due in advance for receiving of service shall be entitled to a refund if the person ceases to be the user. The refund shall be effective on the date the person is no longer the user and based on the number of days remaining in the billing period; provided, however, the refund shall not be effective unless there is a user or party in interest to assume responsibility for the applicable charge. The refund is waived unless a written request for refund is on file within thirty (30) days after the date of vacating or selling the property. The provision for a refund shall not be applicable unless the period for which the refund is due is greater than 30 days and the amount due for the refund is greater than $5.00.
2. Rates.
A. The monthly storm water utility charge shall be based on an ESU rate of $3.00 per ESU.
B. The maximum monthly storm water utility charge shall be $50.00 per account.
C. The maximum monthly storm water utility charge for schools shall be $25.00 per account.
D. The maximum monthly storm water utility charge for churches shall be $10.00 per account.
3. Use Types; Determination of ESUs. For the purpose of this chapter two types of uses are established:
A. Unmeasured Use. An unmeasured use shall be charged at the rate of 1 ESU per applicable unit.
B. Measured Use. Properties that are not classified as unmeasured uses shall be measured uses. For measured uses the impervious surface area and the pervious surface area shall be measured. Measurement of the areas shall be estimated by using one or more of the following: aerial photographs; assessment records; building permits; construction plans; site visits; ad valorem property tax records; storm and surface water system connection permits; field surveys; or other sources deemed reliable by the City. The impervious surface area and the pervious surface area shall be each multiplied by the respective factor provided in this chapter. The products of the multiplication shall be added and divided by the numerical value of one ESU to determine the number of ESUs for the property. The number of ESUs determined by the division shall be rounded to the nearest whole number, with said whole number being established as the number of ESUs applicable for the use.
Surface Area Factor
Impervious 0.85
Pervious 0.05
4. User Types; Rate Determination. The storm water utility charge for each property shall be determined in accordance with the procedure established for the user type determined appropriate for that property.
A. Unmeasured Use.
(1) Single-Family Residential Property – Owner Occupied.
(2) Single-Family Residential Property – Rental. A single-family residential property which is not owner occupied.
(3) Duplex Residential Property. Each dwelling unit of a duplex residential property shall be charged as an unmeasured use.
(4) Condominiums and Townhomes. Each dwelling unit of a condominium or townhome development shall be charged as an unmeasured use.
B. Measured Use.
(1) Multi-Family Residential Property.
a. If each dwelling unit of a multi-family residential property has an account with the City, the total storm water utility charge determined by measured use shall be divided and billed equally to each dwelling unit with a minimum billing to each dwelling unit of one ESU.
b. If a multi-family residential property has a single account with the City, the total storm water utility charge shall be billed to that account.
(2) Mobile Home Park.
a. If each dwelling unit of a mobile home park has an account with the City, the total storm water utility charge determined by measured use shall be divided and billed equally to each dwelling unit with a minimum billing to each dwelling unit of one ESU.
b. If a mobile home park has a single account with the City, the total storm water utility charge shall be billed to that account.
(3) Nonresidential Property.
(4) Agricultural Property.
(5) Unimproved Property.
C. Exempt Use. Properties classified as 99% or more pervious area shall be exempt from any storm water utility charge.
1. Billing. The billing procedures for the storm water utility charge shall be by the City generally as follows:
A. The user of a single-family residential property (owner occupied with an account with the City) shall be billed by the City using such billing procedures as established by the City and may be billed on the same bill as the water bill.
B. The user of a single-family residential property (owner occupied without an account with the City) shall be billed by the City using such billing procedures as established by the City.
C. The owner of a single-family residential property (rental) shall be considered the user for purposes of billing by the City unless at any time there is a renter or tenant with an account with the City. If said renter or tenant has an account with the City, the renter or tenant shall be responsible for the storm water utility charge and may be billed on the same bill as the water bill. At any time when there is not a renter or tenant with an account with the City, the owner of the property shall be billed by the City using such billing procedures as established by the City.
D. The owners of other properties for which the owner has an account with the City may be billed by the City on a periodic basis as determined most efficient by the City and may be billed on the same bill as the water bill.
E. The owners of other properties without an account with the City may be billed by the City on a periodic basis as determined most efficient by the City.
F. The City shall send a bill for the amount due by regular mail to every user in the City subject to the storm water utility charge. Mailing to the owner of a record as shown on Carroll County's records shall satisfy this requirement unless there is a designated occupant responsible for payment of the storm water utility charge.
G. The billing period for users with a water meter account with the City shall be on the basis of the same billing period as for water.
H. For all other users, the City shall determine the frequency of the billing.
I. The recipient has fifteen (15) days from the billing date to file a notice of non-responsibility. The notice shall indicate the relationship of the recipient to the property and whether on the imposition date of the bill the property was occupied and if so by whom. Upon receipt of the notice the City shall determine who is obligated for payment. Based on this determination the City shall:
(1) Issue a new bill to the new user if the property was owned or occupied by someone other than the original recipient.
(2) Reissue the bill to the recipient if it was found that the person was the responsible party.
(3) Issue a bill to the owner as the user if the property was not occupied, or if the chapter provides that the bill is appropriately issued to the owner as the party responsible.
The City may take into account any reasonably reliable information available to it in determining the appropriate party responsible for the billing. Failure to file the notice so it is actually received by the City within the fifteen (15) days of the mailing date of the bill shall conclusively establish that the original addressee was the user on the imposition date.
J. It is a violation of this chapter to knowingly provide false information to the City regarding any fact relating to billing a storm water utility charge or other charge of the City.
2. Delinquency Collection, Interest and Penalties.
A. Charges imposed under this chapter are deemed delinquent when they are not paid in full by the date due provided with billing for the charge.
B. It is unlawful and a violation of this chapter to maintain a connection or use the storm water drainage system whether directly or indirectly without paying the appropriate charges and fees established in this chapter or by any rule promulgated pursuant hereto. Even if no billing is received, such charges shall be due and owing and the user is obligated to pay any charges in a timely fashion.
C. Delinquent charges may be collected pursuant to the same procedures as delinquent water bills.
D. Delinquent charges may be recovered by the City in any appropriate manner.
E. The City may impose interest and penalty charges upon delinquent charges in the same manner as delinquent water charges.
F. In addition to remedies provided for collection of a debt, the City may seek a temporary or permanent injunction prohibiting continued occupancy of property requiring disconnection of the property from the storm water utility system and termination of water and sewer service to the user’s property.
G. In a collection action under this chapter the City shall be entitled to its costs and reasonable attorney fees including at trial and on appeal if it is the prevailing party.
H. In addition to the right of the City to bring a civil action to collect any delinquent charges, or enforce any provisions of this chapter, the City may take any of the following actions to secure payment:
(1) The City may refuse to issue any permit to any person who is delinquent in any payment due under this chapter.
(2) The City may terminate provisions for storm and surface water service to property used by the user.
(3) The City may terminate sanitary sewer service to the property used by the user.
(4) The City may terminate water service to the property used by the user.
1. The user of any property in receipt of a storm water utility charge under this chapter may appeal:
A. A determination that the property is subject to the storm water utility charge.
B. A determination that the person is obligated to pay the charge imposed herein.
C. Proper classification of the property as an unmeasured use or measured use.
D. A determination of the measured use. In the event of a dispute of the measured use, the user shall provide written documentation supporting the basis for appeal.
2. The appeal shall be filed in writing in the office of the City Manager. The appeal must be received not later than thirty (30) days after the action on which the appeal is based.
3. The City Manager shall complete a review of the appeal and present a written decision within thirty (30) days of the filing of the appeal. The written decision shall set forth the basis of the City Manager’s determination of the appeal.
4. In the event the City Manager determines the appeal should result in a modification of the charge imposed, the person responsible for the charge, or the measured use, the City shall recalculate and modify the storm water utility charge as determined under the findings of the appeal.
5. Any applicant aggrieved by the decision of the City Manager may appeal to Carroll County District Court by action filed within sixty (60) days after the mailing of the ruling by the City Manager to the address of the appellant.
6. The filing of the appeal shall not excuse the payment of the storm water utility charge when due. However, the City shall refund any portion of the charge paid subsequent to the filing of the appeal which is adjudged to be excessive, with interest at the rate provided by law.
7. Failure to properly exhaust the administrative remedies provided for herein shall constitute a bar to judicial relief.