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§ 53.01 ESTABLISHMENT.
   There is hereby established a public utility which shall be known as the Storm Water Drainage Utility in and for the city. The Storm Water Drainage Utility shall be operated as a public utility pursuant to the city code and applicable statutes. The revenues therefrom shall be derived subject to the provisions of this chapter and M.S. Chapter 444. The Storm Water Drainage Utility shall be administered by the city under the administration of the City Administrator-Clerk-Treasurer.
(Ord. 2007-3, passed 2-26-2007)
§ 53.02 DEFINITIONS.
   For the purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADMINISTRATIVE COSTS. Those costs incurred by the city associated with acquiring and maintaining the necessary maps which define the watershed in and for the city, periodic planning, and engineering studies which shall determine the adequacy and condition of the storm water drainage system, construction, maintenance, and reconstruction of the storm water drainage system.
   CONSTRUCTION. The improvements to the storm water system in areas of the city not previously served with lateral and trunk lines.
   DEVELOPED LAND. Land which has been platted. Undeveloped land is any land which has not been platted.
   MAINTENANCE.  Repairs and cleaning of the storm water system in the city, including catch basin cleaning, jetting, thawing pipes, and any other operation which assures a dependable storm water drainage system.
   RECONSTRUCTION. Improvements made to the storm water drainage system in areas of the city previously served with lateral and trunk lines.
(Ord. 2007-3, passed 2-26-2007)
§ 53.03 STORM WATER DRAINAGE FEES.
   (A)   Storm water drainage fees for each land parcel in the city are hereby imposed for the purpose of financing the construction, maintenance, reconstruction and administrative costs of the storm water drainage system in the city, and shall be determined according to the following table:
Property type
Residential Equivalency Factor (REF) determination
Property type
Residential Equivalency Factor (REF) determination
Residential (R-1) <= 0.5 Acre
1.0
Residential (R-1) > 0.5 Acre
Total parcel acreage divided by 0.5 acre
Residential (R-2) <= 0.5 Acre
1.5
Residential (R-2) > 0.5 Acre
1.5 times the total parcel acreage divided by 0.5 acre
Commercial (C-2) <= 0.5 Acre
2.0
Commercial (C-2) > 0.5 Acre
2.0 times the total parcel acreage divided by 0.5 acre
Manufacturing (M) <= 0.5 Acre
2.0
Manufacturing (M) > 0.5 Acre
2.0 times the total parcel acreage divided by 0.5 acre
Central Business District (CBD) <= 0.5 Acre
3.0
Central Business District (CBD) > 0.5 Acre
3.0 times the total parcel acreage divided by 0.5 acre
 
   (B)   The charge per Residential Equivalency Factor (REF) shall be $3 per month.
   (C)   A property owner implementing Best Management Practices (BMPs) to reduce or eliminate storm water runoff from a property into the city storm water drainage system is eligible for a credit to reduce the REF and fees for such property. A request for credit shall be made to the city in writing for consideration by the City Council.
(Ord. 2007-3, passed 2-26-2007)
§ 53.04 EXEMPTIONS.
   The following land uses are exempt from storm water drainage fees: public right-of-way, railroad right\-of-way, municipal property being used for public service, and city parks.
(Ord. 2007-3, passed 2-26-2007)
§ 53.05 PAYMENT OF FEES.
   The City Council shall establish policy relating to the payments of fees and penalties relating to the Storm Water Drainage Utility.
(Ord. 2007-3, passed 2-26-2007)
§ 53.06 RECALCULATION OF FEES.
   If a property owner or person responsible for paying the storm water drainage fee questions the correctness of an invoice for such charge, such person may have the determination of the charge reconsidered by written request to the City Administrator-Clerk-Treasurer, made within 12 months of mailing of the invoice by the city. The property owner may appeal the decision of the City Administrator-Clerk-Treasurer to the City Council by filing notice of such appeal with the City Administrator-Clerk-Treasurer within 60 days of the City Administrator-Clerk-Treasurer's determination.
(Ord. 2007-3, passed 2-26-2007)
§ 53.07 CERTIFICATION OF PAST DUE FEES ON TAXES.
   Any past due storm water drainage fees in excess of 90 days past due on October 1 of any year may be certified to the County Auditor for collection with real estate taxes in the following year pursuant to M.S. § 444.075, Subd. 3. In addition, the city shall have the right to bring a civil action or to take other legal remedies to collect unpaid fees.
(Ord. 2007-3, passed 2-26-2007)