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Ordinance 99-77
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Ordinance 99-77
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Last modified
9/17/2013 1:57:52 PM
Creation date
1/25/2006 4:40:53 PM
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CityClerk-Ordinances
Ordinance Number
99-77
Date (mm/dd/yyyy)
07/15/1999
Description
Create Citywide Stormwater Utility & Adopt Stormwater Utilit
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<br />Commission. <br /> <br />B. For purposes of this Ordinance, each residential developed property shall be assessed a <br />stormwater utility fee calculated by multiplying the rate of one ERU as defined in Section 2 above <br />by the number of dwelling units on the parcel. <br /> <br />C. Each non-residential developed property shall be assessed a stormwater utility fee calculated <br />by multiplying the rate of one ERU by a factor derived by dividing the actual impervious area of the <br />particular non-residential developed property by the statistically estimated average horizontal <br />impervious area of the residential developed property per dwelling unit, i.e., the square footage based <br />equivalent established for one ERU. Notwithstanding the foregoing, each non-residential developed <br />property classified by the Miami-Dade County Property Appraiser as land use type 71 shall be <br />assessed a stormwater utility fee which is 50% of the fee for non-residential developed property <br />calculated as described in the preceding sentence and as further described below. <br /> <br />4. <br /> <br />Section 4. <br /> <br />Billing. Liens and Tampering with the System. <br /> <br />A. Fees shall be billed to the owner, tenant or occupant of each developed property in <br />accordance with the administrative orders of the City Manager. If the fees are not fully paid by said <br />owner, tenant or occupant on or before the past due date set forth in the bill, a ten percent (10%) late <br />charge may be added to bill and imposed by the utility in accordance with the City Manager's <br />regulations. Any unpaid balance for such fees and late charges shall be subject to an interest rate at <br />the rate of twelve percent (12%) per annum. Imposition of an interest charge shall commence 60 <br />days after the past due date of the fees set forth on the bill. <br /> <br />B. Fees and late charges, together with any interest, shall be debts due and owing the utility and <br />all of the same shall be recoverable by the City or its assignee on behalf of the utility in any court <br />of competent jurisdiction. <br /> <br />C. The utility shall establish procedures to notify owner, tenants, occupants and managers of the <br />developed property of delinquent fee account. Subscribers to the service shall pay in advance a fee <br />in the amount set forth by the City Manager in an administrative order. <br /> <br />D. All fees, late charges and interest accruing thereupon, due and owing to the utility which <br />remain unpaid 60 days after the past due date of the fees shall become a lien against and upon the <br />developed property for which the fees are due and owing to the same extent and character as a lien <br />for a special assessment. Until fully paid and discharged, said fees, late charges and interest shall <br />accrue thereon and shall remain and constitute a special assessment lien equal in rank and dignity <br />to the liens of Ad Valorem taxes and superior in rank and dignity to all other liens and <br />encumbrances, titles and claims in, to and against the developed property involved for a period of <br />five (5) years from the date of said fees, late charges and interest accrued thereupon, become a lien <br />as set forth in this Article. Said lien may be enforced and satisfied by the City on behalf of the utility <br />pursuant to Chapter 173, Florida Statutes, as amended from time to time, or by any other method <br />permitted by law. The lien provided for herein, shall not be deemed to be in lieu of any other legal <br /> <br />Stormwater Utility Ordinance (t) <br /> <br />-4- <br />
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