929.021 STORM DRAINAGE UTILITY CHARGES AND RATES.
(a) Effective January 1, 2020, there is hereby levied and imposed a charge for storm drainage services, as provided in Section 929.02
, upon all lots and lands within the City of Cuyahoga Falls which have been improved by the construction or installation of improvements with impervious surfaces including but not limited to structures, driveways, access roads and parking lots. The rate for each improved property in the City shall be five dollars ($5.00) per month multiplied by the number of basic service units assigned to that property.
(Ord. 82-2019. Passed 11-25-19.)
(b) City Council of the City of Cuyahoga Falls finds that property within the City is furnished service in proportion to the amount of the property’s impervious surface. Based on the engineering evaluation of impervious surface typical for various uses throughout the City, it is found and determined that the basic unit of service shall be 3,000 square feet.
(Ord. 80-2004. Passed 5-10-04.)
(c) All improved property within the City, as defined in paragraph (a) above shall be deemed to be furnished service equivalent to not less than one basic unit of service. All conventionally developed (i.e. excluding conditionally permitted and non-conforming uses) improved residential properties in R-R, R-1, R-2, R-3, R-4, and R-5 (up to a maximum density of Low Density Lot) districts shall be deemed to be furnished service equivalent to one basic unit of service. All other improved properties, as defined in paragraph (a) above shall be deemed to be furnished service equivalent to one unit for each 3,000 square feet of impervious area or fraction thereof as calculated for individual properties by the City Engineer’s office, but in no event less than one basic unit of service.
(Ord. 136-2006. Passed 12-28-06.)
(d) The charges provided herein shall be billed in advance. The charges shall be billed on a monthly basis, as a storm drainage charge on the monthly utility bill, for all property that is served by any other Cuyahoga Falls utility. Owners of all property not served by any other Cuyahoga Falls utility shall be billed on a semi-annual basis as a storm drainage charge. All bills for fees established under this ordinance shall become due and payable in accordance with the rules and regulations of the City.
(e) All charges collected hereunder shall be deposited in the Storm Drainage Fund which shall be kept as a fund to be used for the purposes provided in Section 929.02.
(f) If any charges provided herein shall not be paid when due, the Director of Finance may cause such delinquencies to be certified to the County Fiscal Officer for collection with property taxes.
(g) The established rate may be reduced for a property, other than conventionally developed residential property, where approved runoff control measures have been implemented. Review and analysis of these measures shall be calculated on an individual case basis by the City Engineer, according to established policies and standards, and the decision of the City Engineer shall be provided to the property owner in writing. The maximum rate reduction shall be 50% of the established rate.
(h) Any person aggrieved by a decision of the City Engineer as provided herein may file an appeal in writing to the Director of Public Service within fifteen days of the decision of the City Engineer.
(i) The Director of Public Service is authorized to hear appeals regarding disputes and complaints brought by owners and non-owners concerning the application of the Storm Drainage Utility fees, including the authority to make adjustments as appropriate which may include but shall not be limited to:
(1) Calculation of the total number of building units assigned to a property that are claimed to be incurred due to alleged inaccuracies in data utilized by the billing staff.
(2) Adjustments arising, from a break in billing units due to change in property ownership, account responsibility or similar matters.
(j) Any appeal must be filed in writing, must describe the specific error alleged, and contain reasoning from the appealing party that justifies the appealed issue. The Director of Public Service may request additional information from the appealing party and the decision of the Director of Public Service shall be final.
(Ord. 80-2004. Passed 5-10-04.)