(A) It is hereby declared to be in the best interest of the village to form a structure and procedures designed to better manage stormwater and provide for storm drainage improvements, recognizing that all real property within the village will benefit from the installation of an adequate storm drainage system, and that the cost of such a system should therefore be assessed against such property.
(B) There is hereby established in the village a Stormwater Drainage Utility, the village hereby declaring its intention to acquire, own, construct, equip, operate, and maintain open drainageways, underground storm drains, equipment and appurtenances necessary, useful, or convenient for a complete stormwater drainage system, including the maintenance, extension, and improvement of the present storm drainage system.
(C) The Village Administrator shall manage, conduct, and control the Stormwater Drainage Utility, and is authorized to develop and adopt plans, policies, and regulations necessary or desirable for the regulation and operation of such utility.
(D) There is hereby levied and imposed upon all premises which have been improved within the village just and equitable charges for storm drainage service or subsequent service, maintenance, operation, and extension, and to establish a Storm Drainage Fund for the foregoing purposes.
(E) Such charges shall be collected with the monthly water bill of water users, billed with sanitary sewer for those connected to sewer alone, or billed alone as a storm drainage charge for those users not connected to or not charged for village water or sanitary sewer.
(F) Such charges shall be paid monthly by those liable therefor, and placed in a Storm Drainage Fund to be used only for the purposes stated herein.
(G) It is hereby determined that property is furnished service in proportion to the amount of the property's impervious surface. The basic unit of service is 4,200 square feet of impervious surface applicable to all conventionally developed residential properties. All other properties shall be furnished service equivalent to multiples of basic service units of 4,200 square feet of impervious surface as calculated for individual properties by the Village Administrator.
(H) Rates shall be set by action of the Village Council. In no year shall the operating fund of the utility show a loss.
(I) The rate for residential properties, which is based on a unit of 4,200 square feet, shall be $19.00 per month of service effective with the utility bills rendered on or about January 1, 2020, and $20.00 per month of service beginning January 1, 2021. All other properties shall be billed at multiplies of the basic service units of 4,200 square feet per month.
(J) The established rates may be reduced for a property, other than a conventionally developed one or two family property, where approved runoff control measures have been implemented. Review and analysis of these measures shall be handled on an individual case basis by the Village Administrator. The maximum rate reduction shall be 50% of the established rate. Any person aggrieved by a decision of the Village Administrator under this section may appeal to the Court of Common Pleas of Ottawa County, Ohio, pursuant to R.C. Chapter 2506.
(K) The owner of any property subject to a charge provided herein shall pay the same, when due, to the village. If any charges due hereunder are not paid when due, the Village Solicitor shall collect them by actions at law in the name of the village.
(Ord. 11-89, passed 4-17-89; Am. Ord. 3-99, passed 3-15-99; Am. Ord. 31-2007, passed 10-15-07; Am. Ord. 07-2010, passed 4-5-10; Am. Ord. 01-2013, passed 2-4-13; Am. Ord. 13-2019, passed 9-3-19) Penalty, see § 10.99
Cross-reference:
Disconnection for late payment, see § 52.56