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)
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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)
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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)
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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)
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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)
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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)
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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:
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