§ 56.129 SCHEDULE OF RATES.

   The Stormwater Department user fee base rate shall be implemented as follows:

   (A)   The base rate per month shall be $3 and shall become effective, on the utility bills distributed beginning in January, 2008; and

   (B)   The base rate shall increase in the amount of $0.25 per year to a final cap of $5.

   (C)   The base rate shall increase in the amount of $0.25/EDU/month in 2017; $0.25/EDU/month in 2021, and $0.25/EDU/month in 2025.

(Ord. 07-07, passed 5-14-2007; Ord. 07-08, passed - - ; Ord. 2015-01, passed 1-26-2015; Ord. 2016-07, passed 9-26-2016)

§ 56.130 BILLING AND PAYMENT.

   Rates and charges shall be prepared, billed and collected by the city in the manner provide by law and ordinance:

   (A)   The rates and charges for all users shall be prepared and billed monthly;

   (B)   The rates and charges shall be billed to the owner of the properties served; and

   (C)   As provided by statute, all rates and charges not paid when due are hereby declared to be delinquent and a penalty of 10% of the amount of the rates or charges shall thereupon attach thereto. The time at which the rates or charges shall be paid is now fixed at 15 days after the date of mailing of the bill.

(Ord. 07-07, passed 5-14-2007; Ord. 07-08, passed - - ; Ord. 2015-01, passed 1-26-2015)

§ 56.131 ADJUSTMENT OF FEES.

   The rules and regulations promulgated by the city, after being approved by the Common Council, shall among other things provide for an appeal procedure whereby a user shall have the right to appeal a decision of the Administrator of the Stormwater Management Board.

(Ord. 07-07, passed 5-14-2007; Ord. 07-08, passed - - ; Ord. 2015-01, passed 1-26-2015)

§ 56.132 STORMWATER REVENUE FUND.

   (A)   All revenues earned and fees collected for stormwater service, including but not limited to, department user fees, availability fees, penalties assessed by this chapter or subsequent amendments, or interest earnings on any unused funds shall be deposited in an account entitled City Stormwater Revenue Fund and shall be subject to the provisions of I.C. 36-9-23, as amended. Funds from this account shall not revert to any other utility or the General Fund of the city and may not be transferred for any other purpose. To the extent that there are outstanding revenue bonds of the city issued pursuant to the provisions of I.C. 36-9-23, as amended, revenues deposited in the Stormwater Revenue Fund shall be subject to the covenants contained in the ordinance or ordinances authorizing the outstanding bonds. Disbursements from the Stormwater Revenue Fund shall be authorized by the City Clerk-Treasurer and, as required by law, the Common Council.

   (B)   These disbursements shall be used exclusively for the operation, maintenance and improvement of the city’s Stormwater Department, which includes, but is not limited to, the following:

      (1)   Stormwater management services, such as studies, design, permit review, plan preparation and development review;

      (2)   Operation, maintenance, repair and replacement of the stormwater collection, storage, conveyance and/or treatment infrastructure;

      (3)   Project costs related to constructing major or minor structural improvements to the city’s stormwater system;

      (4)   Administrative costs associated with the management of the Stormwater Department;

      (5)   Debt service financing of the city’s stormwater-related capital improvements; and

      (6)   Funding of studies such as water quantity and quality monitoring, aerial photography and geotechnical work associated with the planning of the stormwater-related infrastructure;

(Ord. 07-07, passed 5-14-2007; Ord. 07-08, passed - - ; Ord. 2015-01, passed 1-26-2015)

§ 56.999 PENALTY.

   (A)   Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.

   (B)   (1)   Any person violating any provision of §§ 56.001 through 56.009, 56.020 through 56.026, 56.040 through 56.043, 56.055 through 56.058, 56.070 through 56.074, 56.085 through 56.093 and 56.105 through 56.110 shall be responsible for a civil infraction and subject to a fine of not less than $5,000 for a first offense, and not less than $10,000 for a subsequent offense, plus costs, damages and expenses. Each day a violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. The rights and remedies provided for in this section are cumulative and in addition to any other remedies provided by law. An admission or determination of responsibility shall not exempt the offender from compliance with the requirements of this chapter.

      (2)   Any person who aids or abets a person in a violation of this chapter shall be subject to the penalties provided in this section.

      (3)   For purposes of this section, SUBSEQUENT OFFENSE means a violation of the provisions of this chapter committed by the same person within 12 months of a previous violation of the same provision of this chapter for which the person admitted responsibility or was adjudicated to be responsible.

   (C)   Any person who neglects or fails to comply with a stop work order shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not less than $1,000 or imprisonment in the local jail for not more than three months, or both a fine and imprisonment, shall also pay costs as may be imposed in the discretion of the court.

(Ord. 06-15, passed 11-13-2006; Ord. 2015-01, passed 1-26-2015)