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STORMWATER PROGRAM
§ 51.085 ESTABLISHMENT.
   (A)   The Common Council hereby establishes a stormwater fee that can provide for the collection, drainage, and disposal of storm and surface water, and presents the cost of doing so.
   (B)   The city shall create a Department of Stormwater to provide for collection of such fees and managed by the Board of Public Works and Safety, known as controlling body of the city departments, and based upon I.C. 8-1.5-5-7.
   (C)   All territory within the corporate boundaries of the city shall be assessed and collection of a stormwater user fee be uniform for all residential properties located within the district and all non-residential properties (apartment complexes, commercial buildings, industrial, schools, and churches) shall not be less than one ERU fee.
   (D)   The monthly stormwater user fee for all unimproved property located within the district shall be the product of the ERU 3,500 multiplies by 0.33, but no less than half of each ERU fee.
   (E)   All property owners, residents, or non- residents, and unimproved areas within the boundaries of the city shall be charged a stormwater user fee on all owned property regardless of whether a particular property or an unimproved property owner contribute to the city stormwater runoff or whether property is vacant or is unoccupied.
(Ord. 13-2019, passed 12-23-2019)
§ 51.086 STORMWATER FEE.
   (A)   If the monthly stormwater user fee is not paid by the due date, as stated on the Department’s fee invoice, which may be combined with and made a part of the city billing issued, a late charge of 10% shall be assessed, or other collection options of a lien filing and any other cost of collection, if any including reasonable attorney’s fees.
   (B)   No adjustment to the stormwater fee may be made unless in error of billing.
   (C)   This section went into full force and effect January 2020, or will as the billing vendor can install program.
   (D)   Customers have the right to appeal in accordance to the utilities appeal process under §§ 50.15 through 50.30.
   (E)   (1)   The stormwater fee helps fund the city’s drainage projects, storm sewer maintenance, stormwater program, and new stormsewer construction.
      (2)   The stormwater fee was adopted to provide a perpetual, dedicated source of funding. The chart below shows the stormwater rates effective as of January 2020. On January 1 each year after, rates will automatically increase by 5% from the previous year’s fee.
 
Property Type
Equivalent Residential Unit (ERU)
Monthly Fee
Multi-family (per dwelling unit)
1
$2
Non-residential (apartments complex, commercial, schools, churches, industrial, tax-exempt properties, and agricultural)
Impervious area 3,500
$2 x ERU (but no less than $2, unless unimproved)
Single-family residence (residential or agricultural)
1
$2
Unimproved Properties ($3 per square foot of impervious, applies to all property types)
0.33
$1
Note:
* Non-residential properties that have greater than 300 square feet and less than 3,500 square feet will be charged a minimum of $2, or equivalent to one ERU.
 
      (1)   Non-residential example: Property containing 7,000 square feet would be divided by 3,500 (2 ERUs) and then multiplied by $2 to get the total monthly amount of $4.
      (2)   Apartment fee billings: Apartment complexes are considered non-residential, so the fee for the overall complex will vary based on the non-residential fee calculation. The fee will be added to the main complex utility billing account. Apartment residents should contact their apartment office to determine how this fee will be applied.
(Ord. 13-2019, passed 12-23-2019)
§ 51.999 PENALTY.
   (A)   Any person found to be violating any provision of this chapter, except § 51.070, shall be served by the city with written notice stating the nature of the violation and providing a reasonable lime limit for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease all violations. For any violation of § 51.015(H), the official in § 51.015(H) shall serve notice under this provision.
   (B)   Any person who shall continue any violation beyond the time limit provided for in division (A) above, shall be guilty of a violation and on conviction thereof shall be lined in the amount not exceeding $2,500 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
   (C)   (1)   With regard to violations of § 51.015(H), any person described in § 51.015(H) who fails to install the described facilities and connect the property to the public sewer after the final date specified in the official notice for such connection, shall be guilty of a violation of this chapter, and shall be fined at the rate of $25 for a violation. Each day in which any such violation shall continue shall be deemed a separate offense.
      (2)   The city shall further have the right to apply to the circuit or a superior court of the county, to require a connection under this section, in addition to any conviction for an ordinance violation set forth above. All cost of the action and reasonable attorney fees of the municipality shall be assessed against the property owner for such an action. All such fines, penalties, costs, and fees may become a lien against the property, in accord with state law.
   (D)   Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned by the city by reason of such violation.
(Ord. 2-2002, passed 4-23-2002)