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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)
In addition to any other act prohibited by this chapter or any article under this chapter, no person shall do, or allow to be done, any of the following:
A. Damage Stormwater Management Systems And Facilities: Maliciously, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, pipe, appurtenance or equipment which is part of the stormwater management systems or facilities.
B. Manholes: Open or enter any manhole, structure or intake of the stormwater drainage system, except by authority of the city engineer.
C. Connection: Connect any private stormwater system to the city's stormwater drainage system and facilities, except by authority of the city engineer. (Ord. 4980, 12-14-2009)
A. Violation of any provision of this chapter may be enforced by issuance of a stop work order or notice of violation by the enforcement officer or by civil action, administrative or judicial, including, but not limited to, an action for injunctive relief. A stop work order shall specify the violation(s) and shall remain in effect until the deficient condition has been remedied. A notice of violation shall specify the violation(s) and shall allow a reasonable time for correcting the violation to the satisfaction of the enforcement officer.
B. Violation of any provision of this chapter shall constitute a municipal infraction under this code. A person may be cited for subsequent violations as additional violations are discovered. Each day that a municipal infraction occurs or is permitted to exist constitutes a separate offense.
C. In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be considered a threat to public health, safety, and welfare, and is declared and deemed a nuisance. This nuisance may be summarily abated or remedied at the violator's expense.
D. In addition to any fine or penalty set forth in a schedule of violations adopted by the city, as amended thereafter from time to time, the city may recover all attorney fees, court costs and other expenses associated with enforcement of this chapter, including necessary monitoring expenses.
E. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law. It is within the discretion of the enforcement officer to seek cumulative remedies if necessary. Enforcement pursuant to this section shall be undertaken by the enforcement officer upon the advice and consent of the city attorney. (Ord. 4980, 12-14-2009)
A. Any event, incident, element or condition constituting a violation or failure to comply with any requirement of this chapter or any article under this chapter shall be considered a threat to public health, safety and welfare and therefore deemed to be a nuisance. At the option of the enforcement officer, nuisances shall be processed as a civil action or in the manner set forth in this section.
B. Except in cases where a nuisance is deemed to constitute an immediate or imminent threat to life or property, the enforcement officer shall notify the property owner in writing before taking action to abate a nuisance. The written notice shall be delivered by first class mail, postage prepaid, to the property owner at its last known address as shown by the records of the county auditor no less than seven (7) days before the date of mailing. In addition to mailing, the written notice shall, if possible, be posted on the property in a conspicuous place. Such notice shall be dated and shall include the following information:
1. Name of the property owner;
2. Location and description of the nuisance;
3. Actions that must be taken to abate the nuisance;
4. Deadline by which the required actions must be completed;
5. Amount of administrative and remediation fines, fees, or costs, if any and if known;
6. Statement that the property owner has a right to appeal the notice in accordance with the procedures set forth in this chapter; and
7. Statement that, if the property owner fails to take required action within the stated deadline, the work may be done by the city at the property owner's expense.
C. If the property owner does not abate the nuisance as required by the notice, the enforcement officer may enter upon the subject property and take measures necessary to abate the nuisance. It shall be unlawful for any person to refuse to allow the city, or the city's designated contractor, to enter upon the premises for purposes of abating a nuisance.
D. If any nuisance is deemed to be an immediate or imminent threat to life or property, the enforcement officer may order the nuisance abated without advance written notice to the property owner and opportunity for appeal. As promptly as practicable, the enforcement officer shall notify the property owner in writing of the nuisance and action taken to abate the nuisance. (Ord. 4980, 12-14-2009)
A. Except as set forth in subsection B of this section, any person ordered to abate a nuisance may appeal the notice. The appeal must be filed in writing with the city clerk within fourteen (14) days of the notice date unless the notice states a shorter time for filing an appeal, which in any event shall be not less than seven (7) days from the notice date. 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. The written appeal shall specify the action appealed from, the errors allegedly made that give rise to the appeal, and the relief requested. Appeals shall be heard by the city council or a committee designated by the city council. The city clerk shall notify the person filing the appeal and the enforcement officer of the date, time and place for the appeal hearing. Notice shall be mailed to the person filing the appeal by ordinary mail. The hearing shall be scheduled for a date within twenty (20) days after the filing of the appeal, unless the person filing the appeal requests an extension of not more than fourteen (14) days. 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 intent of this subsection is to promote the prompt and speedy resolution of disputes. The person filing the appeal may be represented by counsel at such person's own expense. The enforcement officer may be represented by the city attorney or by an attorney designated by the city council at city expense. The decision of the city council or designated committee shall be rendered in writing within ten (10) days after the hearing, or any continued session thereof, and may be appealed to the Iowa district court as provided by law.
A. Costs incurred by the city to abate a nuisance shall include, but are not limited to, sums paid to a third party for services provided in abating the nuisance, the salaries and benefits earned by city employees engaged in abating the nuisance, a reasonable charge for city machinery or equipment used, and such other reasonable costs and expenses as may have been incurred.
B. After action to abate a nuisance has been completed, the city shall send to the property owner an itemized written statement of nuisance abatement costs and related fees and charges. The written statement shall be sent by ordinary mail to the property owner at its last known address as shown by the records of the county auditor no less than seven (7) days before the date of mailing. The statement shall be immediately due and payable and shall become delinquent if not paid within fourteen (14) days after the date of the statement.
C. A person who has been charged nuisance abatement costs may file an appeal in writing with the city clerk within fourteen (14) days of the statement date. 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 statement shall thereupon become final. Appeals shall be heard by the city council or a committee designated by the city council. The city clerk shall notify the person filing the appeal and the enforcement officer of the date, time and place for the appeal hearing. Notice shall be mailed to the person filing the appeal by ordinary mail. The hearing shall be scheduled for a date within twenty (20) days after the filing of the appeal, unless the person filing the appeal requests an extension of not more than fourteen (14) days. 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 intent of this subsection is to promote the prompt and speedy resolution of disputes. The person filing the appeal may be represented by counsel at such person's own expense. The enforcement officer may be represented by the city attorney or by an attorney designated by the city council at city expense. After such hearing, the city council or designated committee shall determine whether the amount of the assessment should be affirmed, reduced, or waived. The decision shall be rendered in writing within ten (10) days after the hearing, or any continued session thereof, and may be appealed to the Iowa district court as provided by law. If the amount of the assessment is reduced by over half or waived, the appeal filing fee shall be refunded to the person who filed the appeal.
D. All cost and expense of the city in abating a nuisance, and all other related fees and charges, shall, if and to the extent not paid, constitute a lien against the property and shall be assessed against the property pursuant to Iowa Code section 364.12 for collection in the same manner as a property tax. (Ord. 4980, 12-14-2009)
WA530 8-4A ()CHAPTER 4
STORM WATER MANAGEMENT PROGRAM
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