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HomeMy WebLinkAboutOrdinance 99-77 ORDINANCE NO. 99-33:. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, CREATING A CITYWIDE STORMWATER UTILITY AND ADOPTING STORMWATER UTILITY FEES TO PLAN, CONSTRUCT, OPERATE AND MAINTAIN A STORMWATER MANAGEMENT SYSTEM CONSISTENT WITH THE COMPREHENSIVE PLAN OF MIAMI-DADE COUNTY AS ADOPTED BY THE CITY OF SUNNY ISLES BEACH PURSUANT TO ARTICLE 8.3 OF THE CHARTER OF THE CITY OF SUNNY ISLES BEACH AND UNTIL SUCH TIME AS THE CITY OF SUNNY ISLES BEACH ADOPTS ITS OWN COMPREHENSIVE PLAN; PROVIDING FOR DEFINITIONS; PROVIDING FOR A FEE STRUCTURE FOR STORMW ATER UTILITY SERVICES AND METHODS OF BILLING, COLLECTION AND ENFORCEMENT; PROVIDING FOR REPEAL, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach was created on June 16, 1997 and in accordance with an Interlocal Agreement by and between Miami-Dade County and the City of Sunny Isles Beach entered into November 4, 1997, the City, at that time, remained part of the county-wide stormwater utility; and WHEREAS, the City of Sunny Isles Beach in accordance with Section 24-61.2 of the Code of Miami-Dade County now wishes to exempt itself from Miami-Dade County's county-wide stormwater utility system and has done so in accordance with Resolution No. 99-144; and WHEREAS, as a result of such exemption, the City of Sunny Isles Beach is responsible for the ownership, maintenance and expansion of an existing stormwater management system that has been developed over a number of years for the purpose of collecting and disposing of storm and other surface water run-offs; and WHEREAS, the City of Sunny Isles Beach finds that although each developed property within the City has varying degrees of water retention, all properties contribute to the City's stormwater obligations and that all citizens will benefit from the creation of a stormwater utility; and WHEREAS, the City of Sunny Isles Beach finds it is necessary and essential to create a stormwater utility to collect and dispose of water within the City in order to protect the health, safety and welfare of its citizens; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: I. Section 1. The City of Sunny Isles Beach Code of Ordinances shall be amended to include a section entitled "Stormwater Utility" as follows: Stormwater Utility Ordinance (f) -1- STORMWATER UTILITY SYSTEM A. The purpose of this Ordinance is to implement the provisions of Section 403.0893(1), Florida Statutes (1999), by creating a municipal stormwater system and utility and adopting stormwater utilities fees sufficient to plan, construct, operate and maintain stormwater management systems. The stormwater management system is the system designed, constructed and implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over drainage, environmental degradation and water pollution or otherwise affect the quantity and quality of discharges from the system. The "stormwater utility" is also the funding of the stormwater management system by virtue of the assessment of the cost of the program to the beneficiaries, based on their relative contribution to its needs. It is operated as a typical utility which bills services regularly similar to water and waste water services. B. The City Manager shall be the director of the utility and shall have the authority to manage same. The Manager is authorized to determine and prescribe the requirements of the stormwater utility system including all components of the infrastructure and all necessary or desirable alterations repairs and extensions to manage and control stormwater run-off provided such action serves a public purpose, based on recommendations by a licensed professional engineer. as deemed necessary. The City has not and shall not make any guarantee as to the amount of stormwater run-off managed by the stormwater management system, the time intervals required to effectuate such management of run-off or any other aspect of the stormwater management system and the management of run-off and shall not be, under any circumstances, held liable for loss, damage or adverse consequences suffered by or to the owner or his property arising out of some deficiency or failure in the stormwater utility. C. The organization and operating procedures of the utility shall be prescribed by administrative orders and regulations of the City Manager, subject to City Commission aporoval. The City Manager whe may appoint employees as may be necessary to operate the utility. 2. Section 2. Definitions. BMP (Best Management Practice). Any stormwater treatment facility (including, but not limited to, a drainage well, exfiltration basin, grass swale, retention, or detention pond, and pumping stations) installed according to accepted engineering design criteria for the purpose of reducing the discharge of pollutants. Charges. All fees applicable for stormwater services incurred and or billed by the City's utility billing system for services incurred. Consumer. The entity billed for stormwater services in any premises supplied by the City. Developed Property. Any parcel of land that contains a building, structure or an Stonnwater Utility Ordinance (f) -2- impervious area. Dwelling. Any building that is wholly or partly used or intended to be used for living, sleeping, cooking and eating. Dwelling Unit. A room, or group of rooms, occupied, or intended to be occupied as separate living quarters by one family with independent cooking and sleeping facilities. ERU (Equivalent Residential Usage Unit). The statistically estimated average of impervious area of residential developed properties per dwelling unit within the City of Sunny Isles Beach. This estimated average (which equals 1,548 square feet) is calculated by dividing the total estimated impervious area of residential properties by the estimated total number of dwelling units. Impervious Area. The horizontal ground surface that is not readily penetrated by rainwater. This shall include, but not be limited to, all structures, slabs, patios, porches, driveways, sidewalks, parking areas, athletic courts, decks and roofs. Non-residential Developed Property. Any parcel of land with impervious area that does not contain only dwellings or dwelling units. Residential Developed Property. Any parcel of land with impervious area that contains only dwelling or dwelling units. Stormwater Infrastructure. The structural, non-structural, or natural features of a parcel of land or watershed which collect, convey, store, absorb, inhibit, treat, use, reuse, or otherwise affect the quality or quantity of stormwater. Stormwater. The surface water runoff that results from rainfall. Stormwater Utility Fund or Fund. That separate account established by the City of Sunny Isles Beach for the deposit and use of all stormwater utility fees collected. 3. Section 3. Stormwater Utility Fees. A. A stormwater utility fee shall be assessed against each property within the City of Sunny Isles Beach. To assess the foregoing fee against each property the City Manager shall establish an account for each property or each use thereon based upon utility accounts provided by Miami-Dade County, the City of North Miami Beach Sewer and Water account, applications for service and the Miami- Dade County Tax Assessor property information or other ownership records. Such fees shall continue in the same amount previously charged by Miami-Dade County or may be amended based on new information derived by the City Manager, in which case such fees may be modified and set in an amount set forth in administrative order by the City Manager after approval by the City Stonnwater Utility Ordinance (t) -3- Commission. B. For purposes of this Ordinance, each residential developed property shall be assessed a stormwater utility fee calculated by multiplying the rate of one ERU as defined in Section 2 above by the number of dwelling units on the parcel. C. Each non-residential developed property shall be assessed a stormwater utility fee calculated by multiplying the rate of one ERU by a factor derived by dividing the actual impervious area of the particular non-residential developed property by the statistically estimated average horizontal impervious area of the residential developed property per dwelling unit, i.e., the square footage based equivalent established for one ERU. Notwithstanding the foregoing, each non-residential developed property classified by the Miami-Dade County Property Appraiser as land use type 71 shall be assessed a stormwater utility fee which is 50% of the fee for non-residential developed property calculated as described in the preceding sentence and as further described below. 4. Section 4. Billing. Liens and Tampering with the System. A. Fees shall be billed to the owner, tenant or occupant of each developed property in accordance with the administrative orders of the City Manager. If the fees are not fully paid by said owner, tenant or occupant on or before the past due date set forth in the bill, a ten percent (10%) late charge may be added to bill and imposed by the utility in accordance with the City Manager's regulations. Any unpaid balance for such fees and late charges shall be subject to an interest rate at the rate of twelve percent (12%) per annum. Imposition of an interest charge shall commence 60 days after the past due date of the fees set forth on the bill. B. Fees and late charges, together with any interest, shall be debts due and owing the utility and all of the same shall be recoverable by the City or its assignee on behalf of the utility in any court of competent jurisdiction. C. The utility shall establish procedures to notify owner, tenants, occupants and managers of the developed property of delinquent fee account. Subscribers to the service shall pay in advance a fee in the amount set forth by the City Manager in an administrative order. D. All fees, late charges and interest accruing thereupon, due and owing to the utility which remain unpaid 60 days after the past due date of the fees shall become a lien against and upon the developed property for which the fees are due and owing to the same extent and character as a lien for a special assessment. Until fully paid and discharged, said fees, late charges and interest shall accrue thereon and shall remain and constitute a special assessment lien equal in rank and dignity to the liens of Ad Valorem taxes and superior in rank and dignity to all other liens and encumbrances, titles and claims in, to and against the developed property involved for a period of five (5) years from the date of said fees, late charges and interest accrued thereupon, become a lien as set forth in this Article. Said lien may be enforced and satisfied by the City on behalf of the utility pursuant to Chapter 173, Florida Statutes, as amended from time to time, or by any other method permitted by law. The lien provided for herein, shall not be deemed to be in lieu of any other legal Stormwater Utility Ordinance (t) -4- remedies for recovery of said fees, late charges and accrued interest available in the City and to the utility. E. For fees which become more than 60 days past due and unpaid the City or the utility shall cause to be filed in the office of the Clerk of the Circuit Court of Miami-Dade County Florida, a Notice of Lien or statement showing a legal description of the property against which lien is claimed, its location by street and number, the name of the owner, an accurate statement of the fees and late charges then unpaid. A copy of such Notice of Lien shall be mailed within a reasonable time to the owner of the property as shown by the records of the Tax Collector of Miami-Dade County. No such lien shall be enforceable by the City unless said Notice shall be filed within six (6) months from the date the fees and late charges become a lien as established in this Ordinance. F. Liens may be discharged and satisfied by payment to the City on behalf of the Utility of the aggregate amount specified in the Notice of Lien together with interest accrued thereon and all filing and recording fees. When any such lien shall be fully paid or discharged, the City shall cause evidence of the Satisfaction and Discharge of the lien to be filed in the office of the Clerk of Miami- Dade County, Florida. Any person, firm, corporation or other legal entity other than the present owner of the property involved, who fully pays any such lien shall be entitled to receive an Assignment of Lien and shall be subrogated to the rights of the City and the Utility with respect to the enforcement. G. Notwithstanding any other provisions to the contrary herein, the City shall have the discretion not to file Notices of Lien for fees, late charges and interest accrued in an amount less than $50. If the City elects not to file a Notice of Lien the fees, late charges and accrued interest shall remain as debts due and owing in accordance with B. hereinabove. H. The Utility is authorized and directed to execute and deliver upon request, written certificates certifying the amount, fees, late charges and interest accrued thereon which are due owing to the Utility and the City for any developed property which is subject to payment of said fees or the Utility may certify that no fees, late charges or accrued interest are due and owing. Fee certificates shall be binding upon the City and the Utility. I. Tampering with the System. No person shall interfere or tamper, whether by active commission or omission, with the stormwater management system or with manholes, catch basins, drainage wells, french drains, service pipes or any appliance of the Public Works Department or with any appliance of component of the stormwater management infrastructure which was or is a part of the stormwater management system or was or is required by the Public Works Department for controlling and regulating stormwater and the stormwater management system. Any interference or tampering prohibited by the foregoing sentence shall constitute a violation of this Ordinance and shall be subject to a penalty, including the criminal penalty as set forth in Ordinance No. 99-73 (general penalty ordinance). For the purpose of this Ordinance, any interference or tampering with any appliance, component of the infrastructure used for controlling or regulating the stormwater or stormwater management system shall be construed and taken to be an act of the owners and consumers at the premises. Stormwater Utility Ordinance (f) -5- 5. Section 5. Exemptions from oavment. Any entity which is exempted by federal or state law shall not be responsible for payment of stormwater fees. 6. Section 6. Revealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 7. Section 7. Severability. If any section, subsection, clause or prOVISIon of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. 8. Section 8. Inclusion into the Code. The provisions of this Ordinance shall be included and incorporated into the Code of Ordinances of the City of Sunny Isles Beach as an addition thereto and the sections of this Ordinance may be renumbered to conformed to any uniformed numbering system. 9. Section 9. Effective Date. This Ordinance shall take effect ten (10) days after adoption on second reading. PASSED AND ADOPTED on fIrst reading the 17th day June, 1999. :t"'- PASSED AND ADOPTED on second reading this day of ,1999. David Samson, Mayor ATTEST: 7~~-""~U'" 'chard Brown-Morilla, City Clerk Stormwater Utility Ordinance (t) -6- APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Vote: 'S' .... \) Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow Stormwater Utility Ordinance (t) Moved by: Seconded by: ~(Yes) v (Yes) V (Yes) c/ (Yes) V(Yes) ~\~ M.~ ~~,~ 4.~....., _(No) _(No) _(No) _(No) _(No) -7-