Loading...
   935.06 STORM WATER DRAINAGE FEE COLLECTION.
   (a)   The Storm Water Drainage Fee shall be billed and collected monthly with the monthly City’s Utility bill. For those properties utilizing multi-portions of the Utility bill (Water, Sewerage, Storm Water and Sanitation), billing shall be consolidated and paid by single payment. In the event that partial payment is received, the payment shall be applied pro rata to each account billed on the consolidated statement of all current charges for all accounts. All bills for Storm Water Drainage Fees shall become due and payable in accordance with the rules and regulations of the City of Warren pertaining to the collection of the Storm Water Drainage Fees.
   (b)   If a bill for a Storm Water Drainage Fee is not paid within twenty-one (21) days of the billing date posted on the bill, the gross charge will be due. The gross charge will be equal to the net charge plus a penalty of 10%. The City shall be entitled to recover attorney’s fees incurred in collecting delinquent Storm Water Drainage Fees. Any charge hereunder which shall not be paid when due may be recovered in an action at law by the City of Warren. In addition to any other remedies or penalties provided by this chapter or any other ordinance of the City of Warren, failure of any user of City Utilities to pay said charges for same promptly when due shall subject such user to discontinuance of Utility Services and the Director or the Director’s designee shall enforce this provision as to any and all delinquent users. Employees of the City of Warren (upon reasonable advance notice) shall, at all reasonable times, have access to any premises served by the City for inspection, repair or the enforcement of the provisions of this chapter.
   (c)   All Storm Water Drainage Fees assessed pursuant to this chapter shall become a lien upon the property to which such fee is associated from the date said fee becomes due until such fee is paid. The owner of every building, premise, lot or house shall be obligated to pay the fees for all services provided for his premises, which obligation may be enforced by the City by action at law or suit to enforce the lien in the same manner as the foreclosure of mortgages. In the event of such action, the City shall be entitled to recover all court costs and reasonable attorney fees for such collection. In the case that a tenant in possession of any premises or building shall pay said charges, it shall relieve the owner from such obligation and lien, but the City shall not be required to look to any person whatsoever other than the owner for payment of such charges. No changes of ownership or occupation shall affect the application of this chapter, and failure of any owner to learn that he purchased property against which a lien for Storm Water Drainage Fees exists shall in no way affect his responsibility for such payment.
(Ord. 11562/02. Passed 5-8-02.)
   935.07 CAPITAL CONTRIBUTIONS FOR REGIONAL STORM WATER MANAGEMENT FACILITIES.
   (a)   Present or future City ordinances may require construction of on-site storm water management facilities to control storm water quantity and quality in the event of development. Implementation of regional storm water management facilities may, in some cases, render construction of on-site facilities unnecessary. For use in these cases, the City shall adopt procedures and standards to require developers of land to provide a one-time capital contribution toward construction of regional storm water management facilities in lieu of construction of on-site storm water facilities. Such one-time contribution shall not affect the obligation for payment of any Storm Water Drainage Fee assessed pursuant to this chapter.
   (b)   The one-time capital contribution may be available to a development that meets the following conditions:
(1)   An adopted drainage basin study has identified an area within which the storm water management facilities normally required to be created on-site are unnecessary; and
(2)   The development is located within an area so identified; and
(3)   Implementation of regional storm water facilities required by the adopted drainage basin study is complete or under construction.
   (c)   For developments which meet the conditions specified previously in this section, the Director, upon review of the development plans, shall require a development agreement which shall be presented for final approval to City Council.
   (d)   The amount of a one-time capital contribution shall be based upon that percentage of the regional storm water management facility capacity which is to be allocated to the development.
(Ord. 11562/02. Passed 5-8-02.)
   935.08 STORM WATER UTILITY ENTERPRISE FUND.
   (a)   All Storm Water Drainage Fees collected by the City shall be paid into an enterprise fund known as “Storm Water Utility Fund”. Such fund shall be used for the purpose of paying the costs of operation, administration and maintenance of the storm water management facilities of the City and to carry out all other purposes of the utility. To the extent that the Storm Water Drainage Fees collected are insufficient to construct the needed storm water drainage facilities, the cost of the same may be paid from such City fund as may be determined by City Council, but City Council may order the reimbursement of such fund if additional fees are thereafter collected. When the fund has surplus dollars on hand in excess of current needs, the surplus dollars will be invested to return the highest yield consistent with proper safeguards.
   (b)   The fees and charges paid shall not be used for general or other governmental or proprietary purposes of the City, except to pay for the equitable share of the cost of accounting, management and government thereof. Other than as described above, the fees and charges shall be used solely for the purpose stated previously in this section.
(Ord. 11562/02. Passed 5-8-02.)
   935.09 STORM WATER MANAGEMENT PLAN.
   The storm water management plan required by 64 FR 68722, mandated by the Federal Government, and enforced by the U.S. Environmental Protection Agency, shall encompass, at a minimum, the following six (6) minimum control measures using approved Best Management Practices (BMP’s):
*   Public Education and Outreach
*   Public Participation/Involvement
*   Illicit Discharge Detention and Elimination
*   Construction Site Runoff Control
*   Post Construction Runoff Control
*   Pollution Prevention and Good Housekeeping
(a)   Public Education and Outreach. Distributing educational materials and performing outreach to inform citizens about the impact polluted storm water runoff discharges can have on water quality.
(b)   Public Participation/Involvement. Providing opportunities for citizens to participate in program development and implementation, including effectively publicizing public hearings and/or encouraging citizen representatives on the Storm Water Board.
(c)   Illicit Discharge Detection and Elimination. Developing and implementing a plan to detect and eliminate illicit discharges to the storm sewer system (shall include developing a system map and informing the community about hazards associated with illegal discharges and improper disposal of waste).
(d)   Construction Site Runoff Control. Developing, implementing and enforcing an erosion and sediment control program for construction activities that disturb more than 1 acre of land (controls shall include silt fences or temporary storm water detention ponds).
(e)   Post Construction Runoff Control. Developing, implementing and enforcing an erosion and sediment control program to address discharges of post-construction storm water runoff from new development and redevelopment areas.
(f)   Pollution Prevention and Good Housekeeping. Developing and implementing a program with the goal of preventing or reducing pollutant runoff from municipal operations. The program must include municipal staff training on pollution prevention measures and techniques (regular street sweeping, reduction in the use of pesticides or street salt, frequent catch basin cleaning/repair, additions to and repairs on storm inlets and lines).
      (Ord. 11562/02. Passed 5-8-02.)
   935.10 ADDITIONAL REQUIREMENTS.
   The Storm Water Utility shall also:
(a)   Create a long term environmental impact study using information gathered by the Storm Water Utility as well as outside sources (Public Participation) to determine the overall effect the programs implemented are having on the affected areas covered by the Storm Water Management Plan and the surrounding communities; and
(b)   Develop a 5-year plan to address all areas of concern relating to Storm Water requirements and a 10-year implementation plan as the resolution of all areas of concern relating to Storm Water requirements; and
(c)   Develop a Capital Improvement plan that will allow for equipment and capital projects to address areas of concern related to the Storm Water Management Plan; and
(d)   The Storm Water Board shall hold regular public meetings in which the Director shall hold open discussions regarding the operation, maintenance, and repair of the existing Storm Water system to include future expansion in areas of concern relating to Storm Water Requirements set forth by the U.S. EPA Storm Water Phase II Final Rule.
      (Ord. 11562/02. Passed 5-8-02.)