A. Imposition:
1. Sanitary sewer service charges are hereby imposed, levied and assessed for the collection and disposal of sewage and the maintenance and operation of the city's sewer system against all persons and premises receiving sanitary and storm sewer collection or sewage treatment services either by means of the public sewer system of the city or under any agreement of the city with the central Weber sewer improvement district under which said district may, from time to time, treat sanitary sewage originating in the city.
2. Effective January 1, 2003, storm sewer service charges are hereby imposed, levied and assessed on each developed parcel of real property in the city, which charges shall be determined as follows:
a. ESU: The fee shall be based on the number of equivalent service units (ESUs) contained in the parcel. The city council finds that the ESU is the most accurate measurement for determining the amount that each parcel contributes to, benefits from, and otherwise uses the storm sewer system. Based on engineering studies, the city council finds and determines that one ESU equals two thousand six hundred (2,600) square feet of impervious surface area.
b. Calculation: The city council finds that each single-family residential parcel contributes approximately the same amount of stormwater runoff; therefore, each developed single-family residential parcel shall pay a base rate of one ESU. All nonsingle-family residential parcels shall pay a multiple of this base rate, expressed in ESUs, according to the measured impervious area on the parcel, or if no actual measurement is available upon a reasonable estimate of such impervious area. One additional ESU shall be charged for any parcel in which the storm drains from the roof discharge directly into any stormwater drain or gutter, rather than discharging onto a landscaped area or other nonimpervious surface.
c. Charge Per ESU: The amount charged for each ESU shall be as determined in subsection B of this section.
d. Credit: Parcels with a qualifying stormwater detention may receive a reduction of the rate charged for that property. The percent of rate reduction shall be proportional to the amount of water collected and diverted from directly entering the storm drainage system, but may not exceed fifty percent (50%) of the rate otherwise charged. A "qualifying stormwater detention facility" is a facility that controls discharge of stormwater and melting snow from the property at a speed or capacity in excess of the stormwater that would have been discharged from the property in its natural state, and which is established, operated and maintained in accordance with all city ordinances. Any person requesting such credit shall: 1) provide, at no cost to the city, plans and calculations prepared by a professional engineer or architect in support of the credit; and 2) describe the maintenance program to be used in order to ensure that the facility will operate as designed and be maintained in accordance with city ordinances. Any credit may be revoked or suspended if it is determined that the facility is not operating as designed or is not being maintained in accordance with city ordinances.
e. Appeals: Any person that believes that the measured impervious area on the parcel is inaccurate or that the provisions of this section have been interpreted or applied erroneously may appeal to the manager of the operations division of the public services department (the "operations manager"). The appeal shall be in writing, shall state any facts supporting the appeal, and shall be made within ten (10) days of the decision, action, or bill being appealed. The operations manager shall decide the appeal within ten (10) days of when the appeal is filed. If the person or entity is not satisfied with the operations manager's decision, a further appeal may be made to the director of the public services department (the "director"). The appeal to the director shall follow the same procedure as the appeal to the operations manager. The director's decision shall be final and binding on all parties. Any appeal based on inaccurate calculations shall be accompanied by scaled or computer aided design drawings and calculations that establish an amount of impervious surface less than the amount calculated or estimated by the city. Appeals establishing a credit or reducing the amount of impervious surface shall only be applied prospectively; provided, that any appeal for a nonsingle-family residential parcel for charges incurred prior to June 1, 2003, shall be applied retroactively.
B. Rates: Charges for sanitary and storm sewer service shall be as determined in subsections 4-6-1B19a and B19b of this code. Such charges are intended to provide sufficient revenue for the costs of all sewer services and a fair return to the city as payment in lieu of property and franchise taxes.
C. Charges Combined With Water Service Charges: Sanitary and storm sewer charges are combined with and shall be billed and collected at the same time as, and the payment thereof shall be enforced by the same procedures provided by law, ordinance and regulation for the billing, collection and enforcing of payments of charges for water service rendered by the water utility. In case the sewer service charges are not paid when due, the water manager may cause the water supply to the premises served to be shut off or limited.
D. Shutoff Or Restoration: In the event water service to any building or premises in the city is shut off or limited under the provisions of this chapter, or under the provisions of the rules and regulations relating to the water utility and the rendering of water service, the service restoration fees imposed under section 9-1-11 of this title shall be applicable. Water service shall not be turned on or restored until all past due charges for water and storm and sanitary sewer and refuse services and for turning off and restoring water service have been paid in full, and the required deposits provided.
E. Debt To City: Sanitary and storm sewage charges are levied and assessed against the person liable under law and/or ordinance and/or contract for water services rendered at the premises receiving sewer service through the city and are a debt due the city from and after the end of the accounting period for which a statement for water services is to be rendered under the ordinances and regulations governing the sale and distribution of water by the water utility. In the event the property is not receiving water services from the city, the property owner shall be responsible and liable for all charges for sanitary and storm sewer charges.
F. Unpaid Charges A Lien: All unpaid charges for sanitary and storm sewer service are a lien against the premises to which sewer service is rendered or for which such service is procured from the city, except to the extent limited by Utah law. Such lien may be foreclosed in any court of competent jurisdiction; or, by written direction of the water manager, the lien may be waived and an action in person may be maintained for the collection of such charges.
G. Collection: The water division shall receive and collect the sanitary and storm sewage service charges levied under the provisions of this chapter and shall promptly after receipt thereof, account for and pay over the same to the city treasurer. Periodically, under rules which shall be established by the mayor, there shall be paid to the water utility out of the proceeds of such charges the reasonable costs and expense of said utility incident to the billing, receiving, collecting and accounting for said charges.
(1979 Code §§ 14.44.030, 14.44.040, 14.44.050, 14.44.060, 14.44.070; amd. 1999 Code; Ord. 2001-42, 7-3-2001, eff. retroactive to 7-1-2001; Ord. 2002-38, 6-18-2002, eff. 7-1-2002; Ord. 2004-39, 6-15-2004, eff. 7-1-2004; Ord. 2004-44, 6-15-2004, eff. 7-1-2004; Ord. 2016-23, 4-12-2016; Ord. 2019-23, 6-11-2019)