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HomeMy WebLinkAbout02-411.docNOVEMBER 12, 2002 FIRST READING 02-411 ORDINANCE (CARRIED LOST LAID OVER WITHDRAWN .) PURPOSE: INITIATED BY: CREATE STORMWATER UTILITY CITY ADMINSTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 24-14 PERTAINING TO CREATION OF A STORMWATER UTILTY AND AMENDING SECTION 2-29 PERTAINING TO DUTIES OF THE DIRECTOR OF PUBLIC WORKS The Common Council of the City of Oshkosh do ordain as follows: WHEREAS, the Common Council of the City of Oshkosh makes the following findings and determinations: The management of stormwater and other surface water discharges within and beyond the city is a matter that affects the health, safety and welfare of the City, its residents and businesses, and other in the surrounding area, in that new land development will result in the need to manage more stormwater runoff, areas of existing development require storm sewer repair and other drainage modifications, and new stormwater regulations will require more aggressive approaches to stormwater management and treatment. Failure to effectively manage stormwater affects the sanitary sewer utility operations of the city by, among other things, increasing the likelihood of infiltration and inflow into the sanitary sewer system. Surface water runoff may cause erosion of lands, threaten businesses and residences, and other facilities with water damage and may create environmental damage to the lakes, rivers, streams and other bodies of water within and adjacent to the city. A system for the collection and disposal of stormwater provides services to all properties within the City of Oshkosh, including those properties not currently served by the system. The cost of operating and maintaining the city stormwater management system and financing necessary repairs, replacements, improvements and extensions thereof should, to the extent practicable, be allocated in relationship to the services received from the system. NOVEMBER 12, 2002 FIRST READING 02-411 ORDINANCE CONT'D In order to protect the health, safety and welfare of the public, the city council hereby exercises its authority to establish a stormwater utility and establish the rates for stormwater management services. Charges for these services may be levied on property as a special charge, pursuant to Sec. 66.0627, Wis. Stats., and such charges shall reasonably reflect the benefits conferred on the property. In promulgating the regulations contained in this section, the city is acting pursuant to authority granted by chapters 62 and 66 of the Wisconsin Statutes, including, but not limited to, sections 62.04, 62.11, 62.16(2), 62.18, 66.0621, 66.0809, 66.0811, 66.0813, 66.0821, and 66.0627. The Common Council fully incorporates in these findings by reference the Phase 1 Report, dated September 13, 2002, for the City of Oshkosh Stormwater Utility Study and the Stormwater Utility Workshop Report to the Common Council, dated September 24, 2002, said documents on file in the Office of the Director of Public Works. SECTION 1. That Section 2-29(B) of the City of Oshkosh Municipal Code, pertaining to the duties of the Director of Public Works is amended by renumbering 18, 19 and 20, as 19, 20 and 21 respectively, and by creating new subsection 18 to read as follows: (18) operation and maintenance of the stormwater facilities and all appurtenant structures connected to the system; SECTION 2. That Section 24-14 of the City of Oshkosh Municipal Code, pertaining to the creation of a stormwater utility is created to read as follows: SECTION 24-14 STORMWATER UTILITY (A) Creation. There is hereby established a stormwater utility in the City of Oshkosh. The operation of the stormwater utility shall be under the supervision of the Director of Public Works. (B) Authority. The city, acting through the stormwater utility, may without limitation due to enumeration, acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, dredge, repair, conduct, manage and finance such facilities, operations and activities, as are deemed by the city to be proper and reasonably necessary for a system of storm and surface water management. These facilities may include, without limitation due to enumeration, surface and underground drainage facilities, sewers, watercourses, retaining walls, ponds, streets, roads, ditches and such other facilities as will support a stormwater management system. NOVEMBER 12, 2002 FIRST READING 02-411 ORDINANCE CONT'D (C) Rates 1. and charges. The basis for computation of the charge for stormwater services to all lots and parcels of land within the city is established under this section. The amount of charge to be imposed, the establishment of formulas for the calculation of charges, the creation of customer classifications for the imposition of charges, and changes in such charges, formulas and customer classifications may be made by further resolution of the Common Council. All charges established pursuant to this Section shall be fair and reasonable. A schedule of current charges shall be maintained and on file in the office of the city clerk. Charges shall be imposed to recover all or a portion of the costs of the stormwater utility. Such charges, which shall be established pursuant to further resolution of the City of Oshkosh Common Council, may include the following components: a. Base charge. A base charge may be imposed on all property in the city. The base charge is established in recognition of the fact that all properties in the city receive services from the stormwater management activities of the city and that all property contributes to some degree to the stormwater discharge that must be managed by the city. The base charge shall be assessed to collect the administrative costs of the stormwater utility and may include capital, operating and maintenance costs of the stormwater utility which are not recovered by other means. The base charge may be based on the size of a lot or parcel of land. b. Equivalent runoff unit charge (ERU). An equivalent runoff unit charge may be imposed on all property that has an impervious area. The ERU charge shall be assessed based upon the impervious area as reasonably determined by the city for a typical residential unit of property. Other units of property will be charged multiples of the ERU based on the impervious area of the property. c. Special charge (SC). The special charge which may be imposed on property that is in an area specially benefited by a particular stormwater management facility. This charge will be developed to reflect the benefits in a particular area that may not be appropriate to allocate to property throughout the city, and will be calculated on an ERU basis. The property owner shall be responsible for completing the stormwater utility service application form any time a building permit is issued, exclusive of those issued to existing single family residences, or when a site plan review is conducted. The form shall be provided by the Division of Inspections with each application for a building permit (exclusive of NOVEMBER 12, 2002 FIRST READING 02-411 ORDINANCE CONT'D building permits for single family residences) or application for site plan review. Failure to submit a completed stormwater utility service application form or providing false information on said form, shall result in denial of both the building permit and stormwater utility service applications and imposition of the penalty as provided in this Section. In addition to any other penalties, the owner shall also be liable for stormwater charges, under this Section, for the improvement from the date construction of the improvement began. The Common Council may establish rates and classifications by further resolution as will be likely to provide a reasonable and fair distribution of the costs of the stormwater utility. In the event the owner and nonowner users of a particular property are not the same, the liability for the charges attributable to that property shall be joint and several. Adjustments for Nonresidential Property 1. Requests for correction of the ERUs or the adjustment factors allocated to a parcel of property shall be limited to the non-residential customer class. All such requests shall be submitted to the Director of Public Works, who shall have the authority to develop and administer the procedures and review criteria and standards for such requests. a. Requests for adjustment to the user fees shall be governed by subsection (8) below. Any nonresidential customer may, subject to the limitations set forth in this subparagraph (a), submit a at any time. a. Requests shall be in writing and set for in detail the grounds upon which relief is sought. The nonresidential customer may be required, at his, her or its own expense, to provide supplemental information to the Director of Public Works, including but not limited to survey data approved by a registered land surveyor (R.P.L.S.) and engineering reports approved by a professional engineer (P.E.) Failure to provide such information within the time limits established by the Director, as may be reasonably extended, may result in denial of the request. a. Once a completed request and all required information is fully submitted, the Director shall have thirty (30) calendar days within which to render a written decision. Concurrent payment of any charges for such requests is not required as a condition precedent to this request for review. NOVEMBER 12, 2002 FIRST READING 02-411 ORDINANCE CONT'D The Director's decision shall be mailed to the address provided on the request and service shall be complete upon mailing. Appeals from the Director's decisions shall be governed by subsection (8) below, except that no concurrent payment of any fees is required. All appeals must be in writing and shall specify the grounds for challenging the Director's decision. The appeal must specifically address the Director's conclusions and shall not merely repeat the bases for the initial request. All appeals shall be submitted within thirty (30) calendar days after the date of mailing the Director's decision. Failure to timely and properly appeal shall deprive the city manager of jurisdiction to hear the appeal. The charges established will be billed to the utility customer at the same time and in the same manner as the sanitary sewer or water bill. Unless otherwise provided elsewhere, such charges shall not be payable in installments. Bills for stormwater utility charges shall be mailed to the recipient designated by the owner of the property to which the bill relates, provided that such mailing shall not relieve the owner of any property from liability for the charges in the event payment is not made. The owner of any property which is occupied by tenants shall have the right to examine the appropriate records of the city to determine whether such rates and charges have been paid by such tenants, provided that such examination shall be made at the office at which the records are kept during normal business hours. A late payment charge as established by further resolution of the Common Council will be added to bills not paid within 20 days of issuance. All stormwater service charges shall be taxed and collected, and shall be a lien upon the property served in the same manner as water service charges are taxed and collected under the provisions of Sec. 66.0809, Wis. Stats. The City of Oshkosh elects not to be subject to the administrative review provisions contained within Chapter 68 of the Wisconsin Statutes, and establishes the following as a complete and final review procedure: As a condition precedent to challenging any stormwater utility charge, the charge must be timely paid in full under protest to the City. An appeal shall be to the city manager and can be undertaken only by filing a written appeal with the city clerk concurrent with the date of payment. The written NOVEMBER 12, 2002 FIRST READING 02-411 ORDINANCE CONT'D appeal shall specify all grounds for challenge to the amount of the charge and shall state the amount of charge that the appellant considers to be appropriate. Failure to timely and properly appeal shall deprive the city manager of jurisdiction to hear the appeal. a. In considering an appeal, the city manager shall determine whether the stormwater utility charge is fair and reasonable and, in the event the appeal is granted, whether or not a refund is due the appellant and the amount of the refund. The city manager shall conduct a formal or informal hearing at such time and place as designated in a hearing notice to the appellant, providing five (5) business days notice to the appellant. The city manager shall obtain sufficient facts upon which to make a determination. The decision shall be based upon the evidence presented. The city manager shall notify the appellant in writing of the determination by first class mail addressed to the individual and at the address listed within the appeal. Service is conclusive upon mailing. The decision of the city manager is final except if the property owner appeals the decision to the Common Council by filing a written appeal with the city clerk no later than thirty (30) calendar days after the date of mailing the decision of the city manager. The written appeal shall specify all grounds for challenge to the city manager's decision and shall again state the amount of charge that the appellant considers to be appropriate. The appeal must specifically address the city manager's conclusions and shall not merely repeat the bases for the initial appeal. Failure to timely and properly appeal shall deprive the Council of jurisdiction to hear the appeal. a. In considering an appeal, the Common Council shall determine whether the stormwater utility charge is fair and reasonable and, in the event the appeal is granted, whether or not a refund is due the appellant and the amount of the refund. The Common Council shall consider the appeal in the same manner as a new resolution, pursuant to its rules for procedure in existence at the time of consideration. The city clerk shall provide written notice no later than five (5) business days to the address listed within the appeal of the time and place of the Council's consideration of the appeal. The Council shall base its decision upon the information presented at its meeting. The city clerk shall notify the appellant in writing of the Council's determination by first class mail addressed to the individual and at the address listed within the appeal. Service is conclusive upon mailing. NOVEMBER 12, 2002 FIRST READING 02-411 ORDINANCE CONT'D 10. The decision of the Common Council is final except if the property owner appeals the decision to a court of competent jurisdiction. Such appeal shall be filed no later than thirty (30 calendar days after the date of mailing the decision of the Common Council. Such appeal shall be by writ of certiorari and the reviewing court shall be limited to the record created before the Common Council. Costs, but not attorney fees, shall be awarded to the prevailing party, at the sole discretion of the court. 11. If the result of any appeal is that a refund is due the appellant, the refund will be applied as a credit on the appellant's next stormwater bill. (D) Alternative method to collect stormwater charges. In addition to any other method for collection of the charges established under this Section, or subsequent resolution, may be, and are hereby authorized to be levied and imposed on property as a special charge pursuant to Sec. 66.0627, Wis. Stats. The mailing of the bill for stormwater utility charges to a property owner shall serve as notice to the property owner that failure to pay the charges when due may result in the charges being imposed pursuant to the authority of Sec. 66.0627, Wis. Stats. The procedures contained in Sec. 66.0627, Wis. Stats., shall govern such notice and further collection procedures. (E) Budget excess revenues. The stormwater utility finances shall be accounted for in a separate Stormwater Utility Fund by the City. The finance director or designee shall prepare an annual budget, which is to include all operation and maintenance costs, debt service and other costs related to the operation of the stormwater utility. The budget is subject to approval by the Common Council. The costs shall be spread over the rate classifications as determined by the Council. Any excess of revenues over expenditures in a year will be retained by the Fund for subsequent years' needs. (F) Penalty. A person violating any provision of this Section shall, upon conviction, pay a forfeiture not to exceed $75.00 for each offense, in addition to the costs of prosecution which are allowed by law. Each day during which a violation exists shall constitute a separate offense. SECTION 3. This ordinance shall be interpreted liberally to secure the ends sought hereby. SECTION 4. If any provision of this ordinance is found to be illegal, the remaining provisions shall remain in full force and effect. SECTION 5. This ordinance shall be in full force and effect from and after its passage and date of publication, and on or after July 1, 2003.