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§ 1020.04 SCHEDULE OF MONTHLY FEES.
   (a)   Establishment of the ERU and the ERU rate. The City Council, upon the recommendation of the City Manager, shall establish the value of an ERU, equal to the number of square feet of measured impervious surface area and equal to the statistical average amount of horizontal impervious area of residential units within the City, and shall establish a flat fee for the ERU rate in the City's Fee Schedule, Appendix A to the City Government Code.
   (b)   Establishment of Residential Fees. The City Council, upon the recommendation of the City Manager, shall establish a flat monthly fee for the stormwater user fee per residential lot, parcel, or use in the City's Fee Schedule, Appendix A to the City Government Code. This flat fee recognizes that the contribution to runoff from most residential lots, parcels, or uses is similar and it would, therefore, be excessive and unnecessarily expensive to determine precisely the square footage of impervious areas on each residential lot or parcel within the City.
   (c)   Undeveloped Lots or Parcels. Non-exempt lots or parcels of 0.1 acres or more that are undeveloped shall be assessed a monthly stormwater user fee. The monthly fee shall be a flat fee based on calculations regarding typical runoff from an average residential lot or parcel and the statistical distribution of undeveloped lots or parcel based upon acreage citywide.
   (d)   Nonresidential Fees. For all non-exempt nonresidential lots or parcels or other land not covered by division (c) of this section, the rate of the monthly stormwater user fee shall be computed based on the total impervious area, in square feet, of the lot, parcel, or use divided by the area of an ERU to determine the number of ERUs on the lot, parcel, or use, times the monthly rate established for an ERU. ERU calculations shall be rounded to the nearest whole number.
   (e)   Annual Increase.
      (1)   Beginning January 1, 2026, the established monthly residential stormwater user fee and the monthly ERU rate shall be subject to an annual increase equal to the percentage obtained by averaging the national inflation rates from the United States Labor Department, Bureau of Labor Statistics, for the previous three (3) years. This increase shall be referred to as the Cost of Living Adjustment (COLA). The new monthly residential stormwater user fee and new monthly ERU rate will be established annually by adding the COLA to the existing monthly residential stormwater user fee and the monthly ERU rate. The Finance Director is hereby authorized to update the City's Fee Schedule, Appendix A of the City Government Code, to reflect the yearly COLA increase.
      (2)   The Finance Director may, no later than February 1st, recommend to City Council the waiver of all or any part of the yearly COLA increase, and such recommendation may be for one year or multiple years. Upon such recommendation by the Finance Director, City Council may, by resolution, waive all or any part of the proposed COLA increase for one year or multiple years.
      (3)   If City Council takes no action to waive all or any part of the proposed COLA increase, in accordance with division (e)(2) of this section, the yearly COLA increase shall be implemented by the Finance Director no later than March 1st of that year.
(Ord. 06-87. Adopted 12/28/06; Ord. 12-08. Adopted 03/22/12; Ord. 2022-44. Adopted 11/22/22; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
§ 1020.05 SURCHARGE FOR CURBS AND GUTTERS.
   (a)   Surcharge. Notwithstanding any other provision of this Chapter, there is hereby imposed a monthly curb and gutter surcharge per utility billing account to be collected with the Stormwater User Fee in accordance with Chapter 1030. Such surcharge shall be in an amount established by City Council in the City's Fee Schedule, Appendix A to the City Government Code. At least every five (5) years, City Council shall review the rate of the curb and gutter surcharge and determine whether to continue said surcharge and if so, the appropriate rate of the surcharge.
   (b)   Purpose. All surcharges imposed and collected pursuant to this section shall be placed in a separate cost center in the Stormwater Fund and shall be used for the maintenance, repair and replacement of curbs and gutters within the City.
   (c)   Surplus Funds. If, at any time, Council finds there are surplus funds in said curb and gutter cost center, such surplus may be transferred to the General Fund in an amount equal to any amounts previously transferred from the General Fund to help fund curb and gutter repair and/or replacement within the City.
(Ord. 04-39. Adopted 09/23/04; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
§ 1020.06 NONRESIDENTIAL FEE CREDITS.
   An owner of a nonresidential lot, parcel, or use may be eligible for credits against their monthly stormwater user fee for implementing stormwater quantity and quality controls, as set forth in the Stormwater Management Rules and Regulations promulgated by the City Manager in accordance with Section 1020.08.
(Ord. 04-39; Adopted 09/23/04; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
§ 1020.07 CONNECTIONS TO SYSTEM.
   (a)   Requirements. Every new development, whether residential or nonresidential, shall be provided with a stormwater sewer, retention and/or detention system capable of handling storm waters flowing onto the lot, parcel, or use from other areas as well as storm water from the lot, parcel, or use itself. Such system shall be subject to the requirements of this Chapter, the Stormwater Management Rules and Regulations, and the approval of the City Engineer.
   (b) Plan Review. Plans for all new connections or major alterations to existing connections, as the same is defined in the Stormwater Management Rules and Regulations, shall be submitted to the City Engineer for review and approval prior to any construction work. When new connections or major alterations are a part of plans submitted with a zoning application to the City, no separate submittal shall be necessary.
   (c)   Plan Review and Inspection Fee. Every submittal of plans made in accordance with division (b) of this section, when such submittal is not part of a zoning application submitted to the City, shall be accompanied by a plan review and inspection fee, as set forth in the City's Fee Schedule, Appendix A to the City Government Code.
   (d)   Prohibitions.
      (1)   It shall be unlawful for any person to connect to, or to make major alterations to existing connections to, the stormwater management system without first obtaining prior approval from the City Engineer.
      (2)   It shall be unlawful for any person to connect any stormwater drainage to the City's sanitary sewer utility or to connect any sanitary sewer to the City's stormwater management utility.
(Ord. 04-39. Adopted 09/23/04; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
§ 1020.08 RULES AND REGULATIONS.
   The City Manager, or at his direction, the City Engineer, shall make and enforce such rules and regulations as may be necessary for the safe, economical and efficient management and protection of the stormwater management system; for the construction and use of the stormwater management system and facilities; for connections to the stormwater system; and for the regulation, collection, rebating and refunding of fees or surcharges; provided, however, that such rules and regulations are not in conflict with any provisions of this Chapter or other City ordinance. Such rules and regulations shall be known as the "Stormwater Management Utility Rules and Regulations," shall be made available to the public on the City's website and shall be kept up to date.
(Ord. 04-39. Adopted 09/23/04; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
§ 1020.09 APPEALS.
   (a)   Right of Appeal. Any person disagreeing with the initial calculation or recalculation of the stormwater user fee applicable to his or her lot, parcel, or use, as provided in this Chapter, may appeal such calculation to the City Engineer. Any appeal must be filed in writing with the City Engineer within thirty (30) days of the issuance of the Accounts Receivable & Billing Division's determination of the initial calculation or recalculation.
   (b)   Contents of Appeal. The written appeal shall include a survey showing residential units, total lot, parcel, or use area, impervious area or nonresidential developed area, drainage structures, drainage patterns, and any features that contain, retain and/or detain storm runoff on the lot, parcel, or use and diminishes the quantity of stormwater handled by the City's stormwater management system, as appropriate. The City Engineer may request additional information from the appealing party if he or she finds additional information is needed to make his or her decision.
   (c)   City Engineer's Decision. Based upon the information provided by the Accounts Receivable & Billing Division and the appealing party, the City Engineer shall issue a written decision within sixty (60) days and shall mail a copy of the same, by certified mail, to the appealing party.
   (d)   Appeal to the Public Service Director. If the appealing party believes he or she is adversely affected by the decision of the City Engineer, the appealing party may request a review by the Public Service Director by filing a written request for the same with the Director within ten (10) days of date of issuance of the City Engineer's decision. Such request must state, with specificity, why the appealing party believes the City Engineer's decision is incorrect. The Public Service Director shall review the record presented and enter a decision within thirty (30) days. The Public Service Director may request additional information from either party.
   (e)   Appeal to City Manager. If the appealing party believes he or she is adversely affected by the decision of the Public Service Director, the appealing party may request a review by the City Manager by filing a written request for the same with the City Manager within ten (10) days of date of issuance of the Public Service Director's decision. Such request must state, with specificity, why the appealing party believes the Public Service Director's decision is incorrect. The City Manager shall review the record presented and enter a decision within sixty (60) days. The City Manager may request additional information from either party.
(Ord. 04-39. Adopted 09/23/04; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
§ 1020.10 DISCLAIMER OF LIABILITY.
   Floods from stormwater runoff may occasionally occur that exceed the capacity of the stormwater management system or facilities constructed, operated or maintained by the City through funds made available under this Chapter. This Chapter does not imply that the lot, parcel or use subject to the fees and/or surcharges established herein will always be free from stormwater flooding or flood damage, or that the stormwater management system or facilities capable of handling all storm events can be cost effectively constructed, operated or maintained. Nothing in this Chapter shall create any liability on the part of, or any cause of action against, the City or any officer or employee thereof for any flood damage that may result from storms or the runoff therefrom, nor does this Chapter purport to reduce or negate the need or necessity for any party to obtain flood insurance.
(Ord. 04-39. Adopted 09/23/04; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
§ 1020.98 SEVERABILITY.
   If any provision, section, division, sentence, clause or phrase of this Chapter is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such holding or decision shall not affect the validity of the remaining provisions of this Chapter.
(Ord. 06-87. Adopted 12/28/06; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
§ 1020.99 PENALTIES.
   (a)   Penalties. Any person, firm or corporation who violates any provision of this Chapter, or any rule or regulation promulgated pursuant to the Ohio Revised Rode, Ohio Administrative Code, or the Stormwater Management Utility Rules and Regulations, shall be guilty of an unclassified misdemeanor and subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Each and every day the violation continues shall be deemed a separate offense.
   (b)   Damages. Whoever violates any of the provisions of this Chapter or any rule or regulation promulgated pursuant to the Ohio Revised Code, the Ohio Administrative Code, or the Stormwater Management Utility Rules and Regulations shall be liable to the City for any expense, loss or damage occasioned by the City by reason of such violation, in addition to the penalties provided in division (a) of this section.
   (c)   Civil Action. The criminal penalties set forth in division (a) of this section are not exclusive, and nothing shall prohibit the City from also pursuing a civil action including, but not limited to, injunction, declaratory judgment, or civil penalties against any person who violates any of the provisions of this Chapter or any rule or regulation promulgated pursuant to the Ohio Revised Code, the Ohio Administrative Code, or the Stormwater Management Utility Rules and Regulations.
(Ord. 04-39. Adopted 09/23/04; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)