A. The purpose of the stormwater utility rates and charges established by the city commission is to generate sufficient revenue to pay all costs for the operation, maintenance, administration and routine functions of the existing MS4 and the operation, maintenance and administration of such future storm drainage facilities as may be established within or without the service area and to pay for the review of drainage plans, and the design, right of way acquisition and construction or reconstruction of stormwater facilities. All of the proceeds are deemed to be in payment for use of the city stormwater system.
B. The department shall determine the total annual cost of operation and maintenance of the stormwater system. The total annual cost of operation and maintenance includes, but is not limited to, labor, repairs, equipment replacement, maintenance, necessary modifications, power, sampling, laboratory tests and a reasonable contingency fund. Capital improvement priorities are determined by the city commission, and utility rates shall be passed in the same manner as all other special assessments. All assessments are set by resolution after public hearing.
C. The city may assess a user fee upon all assessable property within the service area. This charge must appear on yearly property tax statements distributed by the county or by individual billing where necessary. The property owner shall pay the fee directly to the county and the county shall then pay the city the fee in the same manner as all other special fees and assessments. The city reserves the right to pursue further legal action to remedy nonpayment. Nonpayment constitutes a lien on the property, as are other taxes and assessments, in accordance with state law.
D. The rates, charges, and rentals are deemed prima facie fair, reasonable, and equitable. In any case where any contention is made that the rates are unfair, inequitable, or unreasonable, the party objecting thereto shall apply to the city, stating the facts and grounds of the complaint, and the city shall investigate and report with recommendations to the city commission. The city shall consider each and every such complaint and report, and communicate such findings in respect thereto to the city commission within one month after the filing of each such complaint. The city commission has the right to order public hearings as to any such matter and, if convinced that an adjustment of stormwater utility rates or charges for such lot or parcel of land is necessary to provide equality with those charged to others, it shall so provide. (Ord. 3120, 12-21-2009)