A. Imposition Of Stormwater Charges: As authorized by title 7, chapter 7, part 44, title 7, chapter 13, part 43, and/or title 69, chapter 7, part 1, Montana Code Annotated, as amended, a stormwater drainage charge may be imposed following a public hearing and made applicable to all parcels touched or affected in any way by stormwater drainage within the city limits or benefited by or that burden in any way the system. Each such parcel of property whether developed or not benefits from and burdens the system.
B. Operation Cost Determination: The city finds that all real property in a drainage area, no matter its elevation or other characteristics, will benefit from (and burden) the system. The city shall prepare an annual budget for the system. The budget shall include amounts necessary to pay the principal of and interest on any debt payable from the stormwater drainage system fund, to pay costs of operation and maintenance expenses, and to establish replacement and depreciation reserves as may be required.
C. Basis Of Charge: Once the annual budget is determined for the stormwater drainage system, the city finance officer shall determine the stormwater drainage charge. This charge shall initially be based on whether the property benefited by (or that burdens) the system is classified as nonresidential metered, residential metered, or nonresidential or residential nonmetered, which classifications correlate to property that is served by city water or sewer and that is nonresidential, property that is served by city water or sewer and that is residential, or property that is not served by city water or sewer and is either nonresidential or residential, respectively. The charge will recognize that, generally speaking, nonresidential property has or has the potential to have more impervious area than residential property, and residential property has or has the potential to have more impervious area than undeveloped property or property not served by water or sewer. Each year, when calculating the annual stormwater drainage charge, the city may take into consideration new construction and other changes in property use and make adjustments to properties to increase or decrease the stormwater drainage charge, taking into account relevant facts, including, without limitation, impervious area. The charge may be modified from time to time after conducting a public hearing of which notice has been duly provided pursuant to title 69, chapter 7, part 1, Montana Code Annotated.
D. Deposit Of Collections: All stormwater drainage charges shall be collected as provided in this section and credited to a fund to be known as the stormwater drainage system fund, which fund shall be at all times segregated and maintained by the city finance officer on the books of the city as a separate and special fund. Upon adoption by the city council of a resolution authorizing the issuance of revenue bonds of the city payable from stormwater charges or otherwise establishing a system of funds and accounts for such charges, all stormwater charges shall be applied and accounted for in the manner provided in such resolution.
E. Billing And Collection: The stormwater drainage charge shall be billed as provided in the resolution approving the stormwater drainage charge, which shall be adopted following a public hearing.
F. Late Fee; Delinquencies; Other Fees/Charges: The resolution approving the stormwater drainage charge adopted following a public hearing may provide for determining when a bill is delinquent and late fees and any other pertinent fees or charges.
G. Procedures For Nonpayment: If the stormwater drainage charge remains unpaid for a period of sixty (60) days, the city may elect to have the delinquent stormwater drainage charges and any late fees or other pertinent charges collected as a tax against the property by following the procedures in this subsection G. If a charge for services and the establishment of the system, including late fees, is due and is not paid by the date that is sixty (60) days after the date that it is due, the city finance officer shall, by certified mail, give notice to the owners of the property responsible for the stormwater drainage charge. The notice must be in writing and: must specify the amount of charges owed, including any interest and penalty; must specify that the amount due must be paid by the date that is fourteen (14) days after the date of the notice or it will be levied as a tax against the property; must state that the city may institute suit in any court of competent jurisdiction to recover the amount due; and may be served on the owner personally or by letter addressed to the post office address of the owner as recorded in the county assessor's office.
On September 1 of each year, the city finance officer shall certify and file with the county assessor a list of all property, including legal descriptions, on which arrearages remain unpaid. The list must include the amount of each arrearage, including late fees. The county assessor shall assess the amount owed as a tax against each lot or parcel with an arrearage. If the property on which arrearages remain unpaid contains a mobile home, the amount owed must be assessed as a tax against the owner of the mobile home. If the mobile home for which arrearages remain unpaid is no longer on the property, the amount owed must be assessed as a tax against the property.
H. Remedies For Nonpayment: In addition to the remedies set forth in subsections F and G of this section, the city may proceed in court to collect any delinquent stormwater charges and any delinquencies and penalties and may pursue and exercise any other remedy available in law or in equity. (Ord. 827, 8-22-2016, eff. 9-21-2016)