Loading...
A. All areas within the city limits of the city are hereby declared and designated as a stormwater drainage system district within the meaning and intent of, and for the purposes authorized by, section 384.84 of the code of Iowa. Said district shall be governed by a stormwater management authority.
B. In furtherance of the purposes for which a stormwater drainage system district is authorized, and to protect and promote the public health, safety, welfare, and convenience of the city and its citizens, user fees shall be levied upon and collected from the owners of all real estate that discharges stormwater, directly or indirectly, to the stormwater drainage system.
C. The city council shall be the governing body of the stormwater management authority, and the authority shall be under the direction, management and control of the city engineer. The city engineer shall oversee the daily operation of the stormwater management authority, shall enforce the provisions of this chapter and all other ordinances adopted under this chapter, and shall carry out the policy directives of the city council acting in its role as governing body of the stormwater management authority. (Ord. 4980, 12-14-2009)
The city engineer, or designated representative, bearing proper credentials and identification, shall be permitted to enter all private properties at reasonable times for the purpose of inspection, observation, measurement, sampling and testing all private stormwater discharges directly or indirectly entering into any public stormwater drainage system or facility in accordance with the provisions of this chapter. If entry is refused, the city engineer shall have recourse to remedies provided by law to secure entry. (Ord. 4980, 12-14-2009)
A. Every customer whose premises is served by a connection to the stormwater drainage system and facilities, either directly or indirectly, shall pay user fees to the city for the purpose of contributing toward the costs of the stormwater management program. The city council may, from time to time, adopt a separate ordinance to set user fees and to determine the effective date of such fees. For any property that becomes subject to payment of a user fee or adds additional impervious area after the adoption of such ordinance, billing shall commence after substantial completion of construction of improvements. For any property on which a structure is demolished or impervious area is removed, the property may qualify for a suitable reduction in user fees. Fees shall be calculated on a monthly basis and billed to all customers according to the Waterloo Water Works billing schedule.
B. For purposes this chapter pertaining to stormwater user fees, and for purposes of any separate ordinance adopted by the city council that establishes specific user fees, the following definitions shall apply:
COMMERCIAL/INDUSTRIAL: Any developed property on which retail, office, industrial or manufacturing buildings, storage buildings and storage areas covered by impervious surfaces, parking lots, public and private school buildings, churches, hospitals and convalescent centers have been constructed.
DUPLEX DWELLING: A building containing only two (2) dwelling units and designed for and occupied exclusively by not more than two (2) families. In the application of stormwater user fees, duplex dwelling properties shall be treated as two (2) single- family dwellings.
DWELLING UNIT: A singular unit or apartment providing complete, independent living facilities for one or more persons, including provisions for living, sleeping, cooking, eating, and sanitation.
EQUIVALENT RESIDENTIAL UNIT (ERU): The average impervious coverage of a detached dwelling unit property in the City, as determined by the City. Five thousand (5,000) square feet of impervious surface area shall be one equivalent unit. The number of ERUs for each property shall be calculated by the City Engineer based on aerial photography in use by the City, impervious surface data from an approved site plan for the property, and/or data obtained during an appeals process.
MULTIPLE-FAMILY DWELLING: A building or portion thereof containing more than two (2) dwelling units designed for or occupied by more than two (2) families. In the application of stormwater user fees, each dwelling unit in a multiple-family dwelling unit shall be treated as one single-family dwelling.
RESIDENTIAL: Any developed property on which a single-family dwelling, duplex dwelling, multiple-family dwelling or townhome dwelling has been constructed.
SINGLE-FAMILY DWELLING: A building containing only one dwelling unit and designed for and occupied exclusively for residence purposes by only one family, including, but not limited to, a mobile home.
SUBSTANTIAL COMPLETION: The date that the City has acknowledged completion of construction in accordance with approved plans and specifications through the issuance of a temporary certificate of occupancy or permanent certificate of occupancy, a date otherwise determined for purposes of this chapter by the City Engineer or designated representative, or the date when Waterloo Water Works establishes an account for a property.
TOWNHOME DWELLING: A dwelling unit which is detached or attached horizontally, and not vertically, to one or more other dwelling units, wherein the land or lot beneath each dwelling may be individually owned in common by a townhome association. In the application of stormwater user fees, each separate townhome dwelling shall be treated as one single-family dwelling.
UNDEVELOPED PROPERTY: Land in its unaltered natural state or which has been modified to such minimal degree as to have a hydrologic response comparable to land in an unaltered state. Undeveloped property shall have less than five hundred (500) square feet of impervious surface area. (Ord. 4980, 12-14-2009)
C. Except as noted herein or in this chapter, each customer whose property lies within the corporate limits of the City shall pay to the City, through its collection agent, at the same time payment of City water, sewer and garbage services is made, the following user fees, regardless of the amount of water consumption by such customer:
1. Undeveloped property: Zero dollars ($0.00) per month.
2. Residential: Four dollars ($4.00) per month per dwelling unit.
3. Commercial/industrial: Four dollar ($4.00) base, plus four dollars ($4.00) per ERU per month.
D. The fees stated above will become effective with bills issued after July 1, 2019.
E. July 1st increase by twenty five cents ($0.25) for each year after until 2023. (Ord. 5482, 2-11-2019)
Stormwater user fees shall not be imposed on the following types of property:
A. City, County, State and Federal roads, bridges, highways, streets, rights-of-way, sidewalks and pathways.
B. All real property owned or operated by the City.
C. Parks and open spaces owned or operated by the County or State.
D. Railroad track and associated right-of-way, but not including any rail yards, buildings, or other paved or graveled surfaces. (Ord. 4980, 12-14-2009)
A. Waterloo Water Works is hereby authorized and directed to render and collect fees in accordance with the fees established hereunder. Fees shall be collected with the owner's regular water, sewer and garbage bill and shall be shown as a separate item on the bill. Collection policies shall be the same as for other city utility services. When a fee is more than six (6) months delinquent, the unpaid fee shall be assessed against the property and shall constitute a lien against the property as provided in Iowa Code section 384.84(3). Amounts collected for stormwater services shall be deposited with the city.
B. Late charges and penalties as are now or may be hereinafter established for water, sewer and garbage service bills shall also apply to stormwater user fees. In the event that any person, firm or corporation shall tender as payment of water, sewer, garbage and stormwater user fees an amount insufficient to pay in full all of the charges so billed, payment shall be credited proportionately among all charges.
C. The provision for collection provided herein shall be in addition to any rights or remedies that the city may have under the laws of the state of Iowa or this code. (Ord. 4980, 12-14-2009)
The following are acceptable uses of any user fee revenues or other funds allocated by the city to the stormwater management program or for stormwater drainage systems or facilities. The following list is not exhaustive:
A. NPDES permit fees.
B. Development of public outreach and education materials.
C. Costs associated with public involvement and participation related to the stormwater management program.
D. Stormwater policy development assistance.
E. Illicit discharge detection elimination procedures, equipment, testing and investigation.
F. Water collection and sampling fees and related equipment.
G. Planning, design, engineering, construction, inspection, maintenance, operation, and improvement of drainage services, facilities and structures, which shall include, but are not limited to, conduits, drains, manholes, stormwater detention devices, flow impediments, ponds, ditches, sloughs, streams, filter strips, ripraps, and erosion control devices.
H. Construction site and postconstruction site plan review and inspection costs.
I. Staff time related to the stormwater management program.
J. Employee training.
K. Costs associated with capital improvements to stormwater drainage systems and facilities.
L. Consulting fees related to the stormwater management program and construction of stormwater related projects.
M. Costs associated with watershed assessment.
N. Street sweeping costs. (Ord. 4980, 12-14-2009)
Any customer who believes that the provisions of this chapter have been applied in error, either as to property classification, the number of dwelling units, or the number of ERUs applicable to the property, or who believes that there has otherwise been an error in billing, may appeal in the manner set forth in this section.
A. Filing Of Appeal: An appeal must be filed in writing with the city engineer. In the case of appeals relating to the number of ERUs determined for a property, the appeal shall include a survey prepared by a licensed Iowa land surveyor or an Iowa professional civil engineer containing information on the total property area, the impervious surface area and any other features or conditions which influence the hydrologic response of the property to rainfall events.
B. Review: Using the information provided by the appellant, the city engineer, or designated representative, shall conduct a review of the conditions on the property or otherwise review factors relevant to the appeal and respond to the appeal in writing within thirty (30) days.
C. Adjustment Of Charge: In response to an appeal, the city engineer, or designated representative, may correct a billing error or otherwise adjust the stormwater user fee applicable to a property in conformance with the general purpose and intent of this chapter.
D. Appeal Of Adverse Decision: A decision of the city engineer, or designated representative, which is adverse to an appellant may be further appealed to the city council within fourteen (14) days of receipt of notice of such decision. An appeal must be filed in writing with the city clerk, stating the grounds for the appeal and the relief requested. An administrative fee, as set forth in a schedule of fees determined by the city council from time to time, must be paid when the appeal is filed. Failure to file the appeal and pay the administrative fee within said fourteen (14) days shall constitute a waiver of the right to a hearing, and the decision of the city engineer or designated representative shall thereupon become final. The city council or its designated committee shall schedule a public hearing within twenty (20) days after the filing of the appeal, and the city clerk shall notify the appellant and the city engineer of the date, time and place for the appeal hearing. Notice to the appellant shall be mailed by ordinary mail. The hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The city council or designated committee may consider any evidence it considers credible and give such weight to the evidence as it considers warranted. The person filing the appeal may be represented by counsel at such person's own expense. The city engineer or designated representative may be represented by the city attorney or by an attorney designated by the city council at the city's expense. All decisions of the city council or its committee shall be rendered in writing within ten (10) days after the hearing, or any continued session thereof, and sent to the appellant by ordinary mail to the billing address of the appellant. All decisions of the city council or its committee shall be final. (Ord. 4980, 12-14-2009)
Loading...