SEC. 64.51.05. LAND USE CATEGORIES AND RUN-OFF FACTORS.

   (Amended by Ord. No. 175,397, Eff. 9/21/03.)

USE CODE	LAND USE	AREA BREAKDOWN	RUN-OFF FACTOR
	RESIDENTIAL
0100	Single	Up to 0.3257 acre Area in excess of 0.3257 acre	0.4176 0.0190
010C	Condominium	Up to 0.3257 acre Area in excess of 0.3257 acre	0.8194 0.0190
010D	Planned residential development	Up to 0.3257 acre Area in excess of 0.3257 acre	0.4176 0.0190
010E	Condominium conversion	Up to 0.3257 acre Area in excess of 0.3257 acre	0.8194 0.0190
010F	Cooperative	Up to 0.3257 acre Area in excess of 0.3257 acre	0.8194 0.0190
010H	Own-your-own	Up to 0.3257 acre Area in excess of 0.3257 acre	0.8194 0.0190
010M	Modular homes	Up to 0.3257 acre Area in excess of 0.3257 acre	0.4176 0.0190
0200	Double, duplex or two-unit	Up to 0.6514 acre Area in excess of 0.6514 acre	0.4176 0.0190
0300	Three-unit (any combination)	Up to 0.9771 acre Area in excess of 0.9771 acre	0.6815 0.0190
0400	Four-unit (any combination)	Up to 1.3028 acre Area in excess of 1.3028 acre	0.8194 0.0190
0500	Five or more units or apartments	All lot areas	0.8553
0700	Mobilehomes	Up to 0.3257 acre Area in excess of 0.3257 acre	0.4176 0.0190
0800	Rooming houses	All lot areas	0.6815
0900	Mobilehome parks	All lot areas	0.8194
	COMMERCIAL
1000	Open	All lot areas	0.4733
1100	Stores	All lot areas	0.9086
1200	Store combinations	All lot areas	0.9086
1300	Department stores	All lot areas	0.9850
1400	Supermarkets	All lot areas	0.9762
1500	Shopping centers (neighborhood)	All lot areas	0.9578
1600	Shopping centers (regional)	All lot areas	0.9461
1700	Office buildings	All lot areas	0.9086
1800	Hotels and motels	All lot areas	0.9578
1900	Professional buildings	All lot areas	0.9578
2000	Open	All lot areas	0.4733
2100	Restaurants and cocktail lounges	All lot areas	0.9461
2200	Wholesale and manufacturing outlets	All lot areas	0.9086
2300	Banks and savings & loans	All lot areas	0.9578
2400	Service shops	All lot areas	0.9461
2500	Service stations	All lot areas	0.9578
2600	Auto, recreation & construction equipment sales & service	All lot areas	0.9461
2700	Parking lots	All lot areas	0.9461
2800	Animal kennels	All lot areas	0.9578
2900	Nurseries or greenhouses	Up to 0.4136 acre Area in excess of 0.4136 acre	0.4733 0.0190
	INDUSTRIAL
3000	Open	All lot areas	0.4733
3100	Light manufacturing	All lot areas	0.9086
3200	Heavy manufacturing	All lot areas	0.9086
3300	Warehousing distribution & storage	All lot areas	0.9086
3400	Food processing plants	All lot areas	0.9578
3500	Motion picture & radio/television industries	All lot areas	0.8194
3600	Lumber yards	All lot areas	0.9578
3700	Mineral processing	All lot areas	0.4733
3800	Parking lots	All lot areas	0.9086
3900	Open storage	All lot areas	0.6551
	FARM
4000	Irrigated – open	All lot areas	0.0190
4100	Irrigated – fruits & nuts	All lot areas	0.0190
4200	Irrigated – vineyards	All lot areas	0.0190
4300	Irrigated – vines & bush crops	All lot areas	0.0190
4400	Irrigated – truck crops	All lot areas	0.0190
4500	Irrigated – field crops	All lot areas	0.0190
4600	Irrigated – pasture	All lot areas	0.0190
4700	Irrigated – dairies	All lot areas	0.0190
4800	Irrigated – poultry	All lot areas	0.0190
4900	Irrigated – feed lots	All lot areas	0.0190
5000	Dry – open	All lot areas	0.0190
5100	Dry – fruits & nuts	All lot areas	0.0190
5200	Dry – vineyards	All lot areas	0.0190
5300	Dry – field crops	All lot areas	0.0190
5400	Dry – pasture	All lot areas	0.0190
5500	Dry – timber (pine)	All lot areas	0.0190
5600	Dry – timber (fur)	All lot areas	0.0190
5700	Dry – timber (redwood)	All lot areas	0.0190
5800	Dry – desert land	All lot areas	0.0190
5900	Dry – waste land	All lot areas	0.0190
6000	Open	All lot areas	0.0190
6100	Theatres	All lot areas	0.9086
6200	Open	All lot areas	0.0190
6300	Bowling alleys	All lot areas	0.9850
6400	Clubs, lodge, halls, fraternal organizations	All lot areas	0.9086
6500	Athletic and amusement facilities	All lot areas	0.6551
6600	Golf courses	All lot areas	0.0289
6700	Race tracks	All lot areas	0.6551
6800	Camps	All lot areas	0.0190
6900	Skating rinks	All lot areas	0.4733
	INSTITUTIONAL
7000	Open	All lot areas	0.4733
7100	Churches	All lot areas	0.8194
7200	Schools	All lot areas	0.8194
7300	Colleges and universities	All lot areas	0.4733
7400	Hospitals	All lot areas	0.7435
7500	Homes for aged and others	All lot areas	0.6815
7600	Open	All lot areas	0.4733
7700	Cemeteries, mausoleums, and mortuaries	All lot areas	0.0000
7800	Open	All lot areas	0.4733
7900	Open	All lot areas	0.4733
	MISCELLANEOUS
8000	Open	All lot areas	0.0190
8100	Utilities	All lot areas	0.4733
8200	Mining	All lot areas	0.0190
8300	Petroleum & gas	All lot areas	0.1279
8400	Pipelines & canals	All lot areas	0.0000
8500	Rights-of-way	All lot areas	0.0190
8600	Water rights	All lot areas	0.0000
8700	River, lakes & quarries	All lot areas	0.0000
8800	Government owned properties	All lot areas	0.0000
8900	Dump sites	All lot areas	0.0190
9200	Horse stables	All lot areas	0.0315
9300	Unclassified	All lot areas	0.0000
9800	Non-numeric use codes	Up to 0.3257 acre Area in excess of 0.3257 acre	0.4176 0.0190
9900	Zero – zero use codes	Up to 0.3257 acre Area in excess of 0.3257 acre	0.4176 0.0190
	VACANT
None	All	See notes for area breakdown	0.0190

 

NOTES:

   1.   Parcel identification numbers and corresponding use codes are taken from the Los Angeles County Department of Public Works records for Flood Control Benefit Assessment.

   2.   A vacant designation (V) with a corresponding run-off factor of 0.0190 is assigned to the total area of those parcels whose improvement value is $4,000 or less (except parcels with use codes 2700 and 3800 and for 800 series parcel numbers).

   3.   A vacant designation (V) with a corresponding run-off factor of 0.0190 is assigned to the vacant portion of parcels whose improvement value is more than $4,000 if it is determined that the vacant portion is significant.

   4.   Parcels with superseded use codes 010A and 010B that are still remaining on the Los Angeles County Assessors records are assigned use codes of 010F and 010H, respectively.

   5.   Parcels with unrecognizable use codes are assigned a use code of 9800 or 9900 and are assessed in the same manner as use code 0100 parcels.

   6.   Parcels with unknown areas are assigned an area of 0.1526 acre (the median single-family residential parcel size).

   7.   Government owned parcels, denoted with 270 through 300 and 900 series parcel numbers by the Assessor, are not assessed.

   8.   The areas of common area parcels of cluster-type developments are divided equally among the development owners.

SEC. 64.51.07. COLLECTION AND ENFORCEMENT.

   (a)   The Stormwater Pollution Abatement Charge for each parcel shall be collected by and be payable to the Los Angeles County Tax Collector along with the general taxes levied for City and County purposes and shall be subject to the same penalties and enforcement provisions relating to general taxes. (Amended by Ord. No. 168,980, Eff. 9/12/93.)

   (b)   If any portion of the levy, collection or expenditure of the Stormwater Pollution Abatement Charge provided for herein is declared invalid or unconstitutional, the remaining levy, collection or expenditure of the Stormwater Pollution Abatement Charge shall not be affected but remain in full force and effect.

SEC. 64.51.09. ADJUSTMENTS, EXEMPTIONS AND APPEALS.

   (Amended by Ord. No. 175,397, Eff. 9/21/03.)

   (a)   The Board shall establish rules and regulations for the filing, review and determination of adjustments and exemptions, and consistent with the terms of this section, for any appeals to the Board from determinations pursuant to this section.

   (b)   The Board shall have the power to provide for adjustments determined by the Board, which reflect, as reasonably as possible, the receipt from a premises into the storm drain system of quantities of storm drainage that may be substantially different from average storm drainage, as this term is used in this section. In addition the Board shall have the power to provide for exemptions.

   (c)   Where a determination or adjustment or exemption has become final as provided in this section, future tax bills shall reflect the adjustment unless otherwise determined by the Board.

   (d)   Any user may apply in writing for an adjustment to the office designated by the Board within 30 days from the date the tax bill is mailed or delivered with respect to the period for which the user seeks adjustment.

   (e)   The Board shall provide for action to be taken and determination to be made upon each application for adjustment or exemption within 30 days from the date the application is filed, whenever reasonably possible, and shall cause the applicant to be immediately notified in writing of any determination on the application for adjustment. The City may request production of additional information from the applicant, and if the applicant fails to produce the requested information within 30 days from the date of mailing of the request, proceedings may be terminated or other action may be taken by the Board as it deems appropriate.

   (f)   Any person who has filed an application for adjustment or exemption and received a determination, and who has complied with the procedures of this section, may appeal the determination to the Board pursuant to procedures, rules and regulations adopted by the Board for that purpose. An appeal must be filed within ten days following the date of mailing notice of the determination on the request for adjustment or exemption. The Board shall set a time for hearing the matter, and shall mail written notice of the hearing no fewer than ten days prior to the date of the hearing to the person who has filed. The notice shall be mailed postage prepaid to the address designated on the appeal, and also to the address shown on the original application for adjustment if that address is different.

   (g)   A hearing upon an appeal shall be set, whenever reasonably possible, no later than 30 days after the date of filing the appeal. The Board may continue the hearing from time to time in its discretion, and shall make a written determination upon the appeal within 15 days from the conclusion of the hearing and provide a copy of the determination to the person who filed the appeal.

   (h)   Any person who has complied with the procedures of this section, may, within ten days of the mailing date of the Board’s written determination, referred to in (h) above, appeal the decision to the City Council by filing a notice of appeal with the City Clerk. This notice of appeal shall be in writing and set forth specifically where the appellant believes there was an error or abuse of discretion on the part of the Board. The Council may then set a time for hearing the matter, and shall mail written notice of that hearing no fewer than ten days prior to the date of the hearing to the person who has so filed. The notice shall be mailed as provided in (f) above. If the City Council fails to act within 30 days after the day of the filing or the appeal with the City Clerk the appeal shall be deemed denied.

   (i)   An adjustment or exemption determination shall become final upon the termination of time for filing an appeal to the City Council as provided for in this section where no appeal has been filed. In the event an appeal has been timely filed, the City Council’s ruling on the appeal shall be final and the City Council shall notify the Board of its determination. In either event, the Board shall cause written notice of the final adjustment determination to be immediately given to the City Clerk.

   The filing of an application for adjustment or exemption, or of an appeal to the Board or City Council from a determination, shall not stay the continued and further billing of SPAC during the course of time consumed in the proceedings, but any billing during this time may be adjusted, if appropriate, at the termination of the proceedings pursuant to and in conformance with the determination made on the matter. However, acceptance of any payment by the Los Angeles County Tax Collector on behalf of the City subsequent to an application for adjustment shall not preclude billing and collection of a sum different from, or in excess of, the payments and in conformance with the final determination.

   (j)   Upon the discovery of any mistake or error pertaining to the application of the Use Code, Area, or Run-Off Factor that affects the amount of SPAC for a parcel as calculated by the Los Angeles County Tax Collector, the City shall request that the County make the appropriate adjustments for future billings. The City shall have authority to issue any refund due to the property owner(s).

   (k)   Any refunds or adjustments authorized by this Section are subject to the following:

   If the amount to be refunded or adjusted does not exceed $10,000, the Director or the designated head of the Bureau of Sanitation or designee is authorized to adjust the billing or submit the appropriate refund to the property owner(s).

   If the amount to be refunded or adjusted is greater than $10,000, the Board of Public Works must approve authorization for the refund or adjustment.

   If the amount to be refunded or adjusted exceeds the intra-departmental transfer limit pursuant to City Charter Section 343(a), (b) and (c), the City Council must approve authorization for the refund or adjustment.

SEC. 64.51.11. STORMWATER POLLUTION ABATEMENT FUND.

   There is hereby established a special fund in the City Treasury entitled Stormwater Pollution Abatement Fund. The Council shall designate by ordinance those monies which shall be deposited on a regular basis into the Fund. Monies deposited into the Fund shall not be subject to reversion to the Reserve Fund.

   Monies deposited into the Fund shall be expended only for storm drain and storm drainage-related purposes including but not limited to stormwater pollution control. Expenditures shall be made from the Fund as provided in the General City Budget or by Council resolution unless provided otherwise by ordinance, except however that monies in the Fund which were received by the City subject to any limitations on their use may only be expended in accordance with those limitations.

SEC. 64.51.13. DISPOSITION OF FUNDS.

   All Stormwater Pollution Abatement Charge moneys collected for the City shall be placed and deposited into the Stormwater Pollution Abatement Fund established by Section 64.51.11 of this Code, such moneys to be expended for the purposes set forth in Section 64.51.03(a), of this article to pay for any refunds, billing, collection and administration costs related to the Stormwater Pollution Abatement Charge and as security and payment of the principal and interest, premiums, if any, of bonds and other obligations issued or incurred for storm drain related purposes and to otherwise comply with, be in accordance with, or be in furtherance of, any provisions of law relating to the issuance of such bonds or other obligations and the resolutions under which such bonds or other obligations are issued or incurred. The Board is hereby authorized to draw demands upon such fund where necessary to pay the Los Angeles County Tax Collector for its administrative and other costs in connection with refunds, billing and collecting such Stormwater Pollution Abatement Charge pursuant to arrangements made as set forth in Section 64.51.07(a) of this article.

   Monies collected from waivers pursuant to Chapter VI, Article 4.4, Section 64.72.02 of the Los Angeles Municipal Code shall be placed and deposited into the Stormwater Pollution Abatement Fund. Such monies shall only be expended to promote regional or alternative solutions for stormwater pollution prevention. (Para. Added by Ord. No. 173,494, Eff. 9/14/00.)

SEC. 64.51.15. ANNUAL REVIEW.

(Amended by Ord. No. 173,362, Eff. 7/28/00.)

   The Board shall annually review the Stormwater Pollution Abatement Charge and recommend to the City Council relative to any necessary rate adjustments so as to ensure that each user will pay the user’s proportionate share of the costs of storm drainage services.

   To insure continued compliance with the Permit and with applicable federal and state laws, regulations, standards and orders, the Board of Public Works and the Office of Administrative Research Services shall annually recommend a “Proposed Stormwater Pollution Abatement and Flood Control Financial Program” for the upcoming fiscal year for the consideration by the appropriate City Council committee(s) by the month of November.

SEC. 64.51.17. SEVERABILITY.

   If any section, clause or provision of this article is held to be invalid or unenforceable, the remainder of the article shall continue in full force and effect.