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The city shall adopt an operating budget for each fiscal year. The operating budget shall set forth, for each fiscal year, the estimated revenues and the estimated costs for the stormwater utility. The initial operating budget shall be for the fiscal year commencing on October 1, 2018.
(Prior Code, § 51.187) (Ord. 18-30, passed 9-4-2018)
(A) A monthly stormwater utility surcharge is hereby assessed against all property within the city and extra-territorial jurisdiction, upon which stormwater runoff enters of travels through a city system. Such surcharge fee is based upon a determination of the size, zoning and use type for each property. The owner, occupant and any person who is responsible for the payment of water and/or sewer service to the property shall all be jointly and severally responsible for the payment of said surcharge fee. Persons responsible for the payment of water and/or sewer service to the property shall include the person responsible for payment for water provided to a master meter that is then distributed to multiple users, whether or not said users are located on the same property as the master meter.
(B) The surcharge fee shall be as follows.
(1) All property devoted to a residential use shall be assessed a monthly surcharge fee as set by resolution. The term RESIDENTIAL shall include single-family homes, mobile homes and mobile home parks, duplexes and apartment units. The term RESIDENTIAL shall not include rooming or boarding houses, dormitories and similar facilities. The term LIVING UNIT shall mean one or more rooms in a residential building which are arranged, designed, used or intended for use by one family, and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof.
(2) Property devoted to any use other than residential, as set forth above shall be assessed a monthly surcharge fee as set by resolution.
(Prior Code, § 51.188) (Ord. 18-30, passed 9-4-2018)
In the event any person, except the United States and the state or any political subdivision thereof, shall fail to pay the surcharge fee when due, water service shall be terminated as provided in §§ 51.179 and 52.132 of this code. All charges prescribed by this subchapter shall be a lien upon the premises and real estate for which the sewer service is supplied and used and if not paid when due such charge shall be certified to the Finance Director and may be recovered by the city in an action at law and such delinquent charges may be certified to the County Clerk and assessed against the real estate and premises served and be collected and returned in the same manner as other city taxes are certified, collected and returned.
(Prior Code, § 51.190) (Ord. 18-30, passed 9-4-2018)
ADMINISTRATION AND ENFORCEMENT
Authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. Employees of the city shall not, however, have the authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. While performing the necessary work on private properties referred to in division (A) above, the duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the city employees. The city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 51.138 of this code.
(Prior Code, § 51.195) (Ord. 03-39, passed 11-17-2003)
Duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purpose of, but not limited to inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, on the easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Prior Code, § 51.196) (Ord. 3059, passed 10-7-1985; Ord. 03-39, passed 11-17-2003)
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