Loading...
HomeMy WebLinkAboutO-13366City of Miami Legislation Ordinance: 13366 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00058 Final Action Date: 3/14/2013 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE VIII, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "FINANCE/STORMWATER UTILITY FEES AND FUNDS", MORE PARTICULARLY BY AMENDING ARTICLE VIII, ENTITLED "STORMWATER UTILITY FEES AND FUND" BY CHANGING THE TITLE TO "STORMWATER UTILITY FEES" AND CHANGING THE EXCLUSIVE USE OF STORMWATER UTILITY FEES COLLECTED FROM THE DEPARTMENT OF PUBLIC WORKS TO BE USED FOR THE GENERAL STORMWATER MANAGEMENT SYSTEM; FURTHER AMENDING THE ARTICLE TO COMPORT WITH SAID PURPOSE; AND AMENDING CHAPTER 22.5/ ARTICLE VI, OF THE CITY CODE ENTITLED "SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST GENERATION CONTROL", TO ALLOW FOR THE MONIES COLLECTED TO BE PLACED INTO A DESIGNATED ACCOUNT IN THE GENERAL FUND; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City of Miami ("City") desires to change the stormwater utility trust fund pursuant to Chapter 18/Article VIII and Chapter 22.5/Article VI of the Code of the City of Miami, Florida, as amended ("City Code"), into a special account in the general fund instead to comply with the City budget; and WHEREAS, the City wishes to clarify in the City Code that the stormwater utility fees are to be used for the entire stormwater management system pursuant to Florida Statutes 166; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Chapter 18/Article VIII, of the City Code, entitled "Finance/Stormwater Utility Fees and Fund," is amended in the following particulars:{1} "CHAPTER 18 FINANCE ARTICLE VIII. STORMWATER UTILITY FEES AND FUND City of Miami Page 1 of 6 File Id: 13-00058 (Version: 2) Printed On: 8/23/2017 File Number: 13-00058 Enactment Number: 13366 Sec. 18-293. Stormwater utility fee for the stormwater management system fee. (a) A stormwater utility fee is hereby imposed upon each developed lot and parcel within the city for services and facilities provided by the stormwater management system. For purposes of imposing the stormwater utility fee, all lots and parcels within the city are classified into the following two customer classes: (1) Residential. (2) Nonresidential. The city manager or his designee is directed to prepare a list of lots and parcels within the city and assign a classification of residential or nonresidential to each lot or parcel. (b) There are hereby established the following procedures and criteria used to determine rates for the services and facilities of the municipal stormwater management system: (1) Hereby established are reasonable rates for stormwater management systems for each residential dwelling unit, i.e., single-family detached home, condominium unit, apartment or townhouse unit, or mobile home unit shall be billed at a flat fee as established herein for an equivalent residential unit. An equivalent residential unit is hereby defined as the statistical average horizontal impervious area of all residences in the city which have been appraised as residences by the county property appraiser's office. The total impervious area of each residence includes all areas covered by structures and impervious amenities such as, but not limited to, rooftops, patios, porches, and driveways. In the city an equivalent residential unit (ERU) equals 1,191 square feet. (2) For all nonresidential properties, i.e., enterprise, business establishment, building, or other occupancy not covered by subsection (b)(1) of this section, the rate shall be computed based on the total impervious area of the property divided by the average impervious area of an equivalent residential unit times the rate established for an equivalent residential unit. The billing amount shall be updated by the department of public works based on any additions to the impervious areas. Sec. 18-294. Schedule of rates. The department of public works with the approval of the city manager shall establish the following base rates as necessary to reasonably cover the cost of providing such services which are on file in the department of public works: (1) The rates to be charged for stormwater management for each residence or dwelling unit shall be the current base rate per month. (2) The rates to be charged for nonresidential properties, i.e., all occupancies other than provided for in subsection (1) of this section, shall be the rate established in subsection (1) (the current base rate per month) multiplied by the number of equivalent residential units. The number of equivalent residential units equals the total square footage of impervious area of the property divided by 1,191 square feet (statistically City of Miami Page 2 of 6 File Id: 13-00058 (Version: 2) Printed On: 8/23/2017 File Number: 13-00058 Enactment Number: 13366 developed average for a residence in the city). Equivalent residential units will be rounded to the nearest tenth of a unit. A minimum charge based on one-half of one equivalent residential unit (0.5 ERU) will be assigned to any property calculated to be less than 0.5 ERU. Sec. 18-295. Collection of charge. The stormwater utility fee is to be paid as billed by the owner, tenant, or occupant of each lot or parcel which is subject to the stormwater utility fee. Persons using the services and facilities of the stormwater management system shall be rendered bills or statements for the use of these services and facilities of said system by one of the following methods: (1) By the Miami -Dade Water and Sewer Department of Metropolitan Miami -Dade County, which said bills or statements shall be payable at the same time and in the same manner and subject to the same discontinuance of service of said system of the Miami -Dade Water and Sewer Department as set forth under the terms and conditions of sections 2-340 and 2-341 of the Code of Metropolitan Miami- Dade County and ccction 2.09(S) of the Rulcs and Rcgulations of the Miami Dade Water and Sewer Department, dated February 1987, as amended. (2) The owner, tenant, or occupant of lots or parcels subject to the stormwater utility fee and not otherwise charged shall receive an annual or semiannual bill or statement directly from the City of Miami, which said bills or statements shall be payable within the same time limits and in the same manner and subject to the same penalties as prescribed for waste fees under sections 22-88 and 22-89 of the Code of the City of Miami, Florida, except that the nonpayment of the stormwater utility fee shall not cause the unpaid amount to become a lien against all improved real property subject to the stormwater utility fee. Sec. 18-296 Adjustment of stormwater utility fees. (a) Requests for adjustment of the stormwater utility fee shall be submitted through the director of the department of public works, herein referred to as director, who shall be given authority to administer the procedures and standards and review criteria for the adjustment of fees as established herein. The following procedures shall apply to all adjustment requests of the stormwater utility fee: (1) Any owner, tenant or occupant who has paid his stormwater utility fees and who believes the contribution rate component of his stormwater utility fee to be unjust or inequitable may, subject to the limitations set forth in this article, submit his adjustment request to the director. (2) Adjustment requests for stormwater utility fees paid by an owner, tenant or occupant making the request shall be in writing and set forth, in detail, the grounds upon which relief is sought. (3) Adjustment requests made during the first calendar year that the stormwater utility fee is imposed will be reviewed by the director within a one-year period from the date of filing of the adjustment request. Adjustments resulting from such request shall be retroactive to the beginning of billing, but shall not exceed three years. City of Miami Page 3 of 6 File Id: 13-00058 (Version: 2) Printed On: 8/23/2017 File Number: 13-00058 Enactment Number: 13366 (4) All adjustment requests for the stormwater utility fee shall be reviewed by the director within a four -month period from the date of filing of the adjustment request. Adjustments resulting from such requests shall be retroactive to the date of filing of the request. Under no circumstances will the city be financially liable beyond the time limits set forth herein. (5) The owner, tenant or occupant requesting the adjustment may be required, at his own cost, to provide supplemental information to the department of public works including, but not limited to, survey, data and engineering reports, approved by either a registered professional land surveyor (R.P.L.S.) or professional engineer (P.E.). Failure to provide such information may result in the denial of the adjustment request. (6) Adjustments to the stormwater utility fee will be made upon the granting of the adjustment request, in writing, by the director. All adjustments will be prorated in accordance with the established procedures of the Miami -Dade Water and Sewer Department. Denials of adjustment requests shall be made in writing by the director. (b) The following standards and review criteria shall apply to all adjustment requests of the stormwater utility fee: (1) Existing or special characteristics of the site or parcel for which the adjustment request is made will be considered. (2) The amount of on -site impervious area. (3) The design storm frequency and storm duration criteria currently in use by the department of public works at the time of the adjustment request will be the minimum accepted and the standard recognized by the director for stormwater management systems draining the public right-of-way. (4) Ponds, exfiltration systems or positive drainage facilities accepting stormwater from the public right-of-way must meet applicable city, state, and federal requirements including groundwater protection devices and outfall treatment and conveyance systems required by all governing bodies. (5) Ponds, exfiltration systems or positive drainage facilities accepting stormwater from the public right-of-way must be maintained according to city standards and must function in accordance with required city design standards. (6) Adjustments will not be granted for swimming pools, reflecting pools, existing open ditch systems, and swales. (7) Adjustments will not be granted for compliance with on -site storm drainage/retention rules and regulations for private property development. (c) Upon receipt of the written denial of the adjustment request, the owner, tenant or occupant who initially requested the adjustment may, within 30 days of receipt of such denial, apply to the director for review of the denial. (1) The director, exclusive of his designee, shall complete his review within 60 days of receipt of said request for review. The director's determination on the review shall be in writing and set forth, in detail, the reasons for his decision. City of Miami Page 4 of 6 File Id: 13-00058 (Version: 2) Printed On: 8/23/2017 File Number: 13-00058 Enactment Number: 13366 (2) In reviewing denials of adjustment requests, the director, exclusive of his designee, shall apply the standards and review criteria contained in this section. In the event of a hardship the director, exclusive of his designee, may base his determination on written grounds other than those contained herein. (3) All determinations of the director arising out of this section will be final. Sec. 18-297. City manager to keep records. It shall be the duty of the city manager to keep an accurate record of all persons using the services and facilities of the said municipal stormwater management system of the city and to make changes in accordance with the rates and charges established in this article. Sec. 18-298. Stormwater utility fee account trust funds. There shall be established a stormwater utility fee trust fund account(s), in lieu of a trust fund, for the deposit of all fees and charges collected and interest accrued by the stormwater utility fee. These funds shall be for the exclusive use of the department of public works stormwater management system for the following expenditures: (1) Operation and maintenance of the stormwater management system. (2) Funding of pollution abatement devices constructed on stormwater systems discharging to Biscayne Bay and its tributaries. (3) Administrative costs associated with the management of the stormwater management system may. (4) Debt service financing. (5) Expansion of the existing storm drainage system. (6) Annual fair share funding support for the Miami River commission. (7) Compliance with federal, state and county regulations. *1I Section 3. Chapter 22.5/ Article VI of the City Code entitled "Soil Erosion, Waterway Sedimentation, and Airborne Dust Generation Control", is amended in the following particulars:{1} "CHAPTER 22.5 GREEN INITIATIVES * * City of Miami Page 5 of 6 File Id: 13-00058 (Version: 2) Printed On: 8/23/2017 File Number: 13-00058 Enactment Number: 13366 ARTICLE VI. SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST GENERATION CONTROL Sec. 22.5-127. Administrative fee. As a condition precedent to the issuance of any public works, zoning, planning, building, or demolition permit for a construction project which will disturb 0.5 acres or more of soil, the applicant shall pay the city a stormwater utility fee of $115.00; _ All fees and fines generated as a result of this article shall be deposited into the stormwater utility fee account in the general utility trust fund for the stormwater management system and shall be used to administer this program and to further the city's efforts prevent pollution of stormwater systems. Section 4. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective immediately after final reading and adoption thereof.{2} Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 6 of 6 File Id: 13-00058 (Version: 2) Printed On: 8/23/2017