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O-620-00 ORDINANCE NO. 620-00 AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 20 OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCES BY ADDING A SECTION BEGINNING WITH SECTION 20-1,PROVIDING FOR A STORMWATER UTILITY, AND ADOPTING STORMWATER UTILITY FEES TO PLAN, CONSTRUCT, OPERATE AND MAINTAIN A STORMWATER MANAGEMENT SYSTEM CONSISTENT WITH THE VILLAGE'S COMPREHENSIVE PLAN; PROVIDING FOR DEFINITIONS; PROVIDING FOR A FEE STRUCTURE FOR STORMWATER UTILITY SERVICES AND METHODS OF BILLING, COLLECTION, AND ENFORCEMENT; PROVIDING FOR REPEAL,PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Miami Shores Village, in accordance with Section 24-61.2 of the Code of Miami-Dade County, Florida,has requested exemption from the County's Countywide stormwater utility system; and WHEREAS, if such request is granted,Miami Shores Village will be 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 points of discharge for numerous stormwater drainage systems serving the Village are in Biscayne Bay and its tributaries; and WHEREAS,the waters of Biscayne Bay and its tributaries are protected under the provisions of the Biscayne Bay Aquatic Preserve Act("Act") as adopted by the Florida Legislature; and WHEREAS,the South Florida Water Management District has adopted rules and regulations with respect to groundwater protection that result in capital costs for the Village to construct ground water protection devices in conjunction with storm drainage improvement; and WHEREAS,the Village finds that although each developed property within Miami Shores Village has varying degrees of water retention, all properties contribute to the Village's stormwater obligations and that all citizens will benefit from the creation of a stormwater utility; and WHEREAS, a study was performed on behalf of the Village inter alia by Camp Dresser and McKee and Miami-Dade County Department of Environmental Resource Management (DERM) to determine the average amount of impervious square footage on residential developed properties within the Village, and the average of impervious square footage contemplates the proportional benefit received by properties from the stormwater utility services and forms the basis of the proposed fee structure, which represents a reasonable and rational basis for allocating the costs for operating, maintaining and constructing the stormwater utility system; and WHEREAS, it is in the best interest of Miami Shores Village to create a stormwater utility to collect and dispose of stormwater within the Village in order to protect the health, safety and welfare of its citizens; NOW, THEREFORE,BE IT ORDAINED BY THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA THAT: SECTION 1. That the Code of Ordinances of Miami Shores Village, Chapter 20 is hereby amended, by the addition of Sections beginning with Section 20-1 entitled Stormwater Utility, which said Section(s) read as follows: STORMWATER UTILITY INTENT AND PURPOSE - STORMWATER UTILITY SYSTEM (A) As authorized pursuant to Chapter 403, Florida Statutes, a stormwater utility is created consistent with the Village's Comprehensive Plan, and stormwater utility fees are established to plan, construct, operate and maintain a stormwater management system. 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, overdrainage, environmental degradation and water pollution or otherwise affect the quantity and quality of discharges from the system. The"stormwater utility" is the funding of the stormwater management system by assessing the cost of the program to the beneficiaries thereof;based on their relative contribution to its need. It is operated as a typical utility which bills services regularly, similar to water and wastewater services. DEFINITIONS The following words, when used in this chapter, shall have the meanings respectively ascribed to them as follows: (A) 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. 2 (B) Charges All fees applicable for stormwater services incurred and or billed by the Village's utility billing system for services incurred. (C) Consumer The entity billed for stormwater services supplied by the Village to any premises. (D) Developed Property Any parcel of land that contains a building, structure or an impervious area. (E) Dwelling Any building that is wholly or partly used or intended to be used for living, sleeping, cooking and eating. (F) 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. (G) ERU (Equivalent Residential Usage Unit) The statistically estimated average of impervious area of residential developed properties per dwelling unit within Miami Shores Village. 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. (I) 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. (I) Non-residential Developed Property Any parcel of land with impervious area that contains only non-residential uses. (J) Residential Developed Property Any parcel of land with impervious area that contains only dwellings or dwelling units. (K) 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. (L) Stormwater The surface water runoff that results from rainfall. (M) Stormwater Utility Fund or Fund That separate account established by Miami Shores Village for the deposit and use of all stormwater utility fees collected. APPLICATION OF ARTICLE (A) The provisions of this Article and all Sections of this Chapter applicable to the stormwater utility shall apply to all properties within Miami Shores Village. 3 STORMWATER UTILITY FEES (A) A Stormwater utility fee shall be assessed against each property within Miami Shores Village. To assess the forgoing fee against each property within Miami Shores Village, the Finance Department shall establish an account for each property (or each use thereon) based upon Miami Shores Village utility accounts, applications for service, and Miami Dade County Tax Assessor property information or other ownership records. (B) For the purpose of this Ordinance, each dwelling unit is assigned one ERU. For properties which do not contain a dwelling unit(i.e. non-residential developed properties),the ERU is calculated by dividing the impervious area on the property by 1,548 square feet, (e.g. a non-residential developed property containing 3,096 square feet or impervious area is equivalent to 2 ERUs). (C) The fee assessed against each account shall be determined by multiplying, on a quarterly basis, $7.50 which represents the stormwater utility service charge,by the number of ERUs for each account. The amount of such fee shall be shown as a separate item on the Village garbage bills (or as shown on a stormwater utility bill if no garbage bill is issued) and shall be paid by the owner,tenant, or occupant in possession of the premises. (D) For the purpose of calculating stormwater utility fees,the calculation of ERUs is based upon property usage. The property usage shall be determined by the finance department based on,but not be limited by, state and county land use codes,tax assessments, occupational licenses and site inspections. (E) Any authorized representative of the public works or finance department shall have free access to the properties at any reasonable time for the purpose of determining property usage for the purpose of calculating stormwater utility fees and obtaining billing account information. (F) The number of ERUs calculated for each account shall be rounded up to the nearest whole number. (G) The minimum charge assessed against each property shall be one(1.0) ERU. (H) The fees collected by the Village with respect to stormwater utility,together with investment earnings, shall be deposited in the stormwater utility fund and shall be used exclusively for planning, constructing, financing, operating,repairing and maintaining the stormwater utility and the infrastructure of the stormwater management system. The Village may pledge such fees as security for indebtedness incurred by it in connection with the stormwater utility and the stormwater management system. 4 AUTHORITY TO MANAGE (A) The public works department is authorized to determine and prescribe the requirements of the stormwater management system(including all components of the infrasture) and all necessary or desirable alterations, repairs and extensions to manage and control stormwater runoff,provided such action serves a public purpose. (B) The Village and the public works department have not, and shall not, make any guaranty as to the amount of stormwater runoff managed by the stormwater management system, the time intervals required to effectuate such management of runoff, or any other aspect of the stormwater management system and the management of runoff, 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 a deficiency or failure in the stormwater utility. NOTICES (A) In the event of any change in ownership or occupancy of any premises connected to the system,the Finance Department shall be immediately notified in writing of such change, providing the name and address of the new owner or occupant. The use of utility services shall be deemed and construed to be an acceptance by a new owner or occupant of the obligations of said owner or occupant, including the obligation to pay all stormwater utility fees to the Village. In the event an owner fails to notify the Finance Department of a change in ownership or occupancy of any premises for stormwater utility service, such owner shall continue to be liable to the Village for all fees accrued and accruing for such service until a new account is established for the new owner or occupant. However,the foregoing provision shall not preclude the Finance Department from also demanding from the new owner or occupant the payment of all or any fees which shall, at the time of such demand, be unpaid or unsecured, without regard to whether the same accrued prior or subsequent to such change in ownership or occupancy. In no case of change of ownership shall the preceding owner be released from any contract obligations to the Finance Department accruing prior to the establishment of a new account for the new owner or occupant, except at the option of the Finance Department, evidenced by a written release from the Village. ENFORCEMENT PENALTIES (A) No person shall interfere or tamper,whether by act of commission or omission, with the stormwater management system, or with manholes, catch basins, drainage wells, french drains, service pipes, or with any appliance of the public works department or with any appliance or 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 or 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 subject the violator to a fine of not less 5 than one dollar($1.00)nor more than five hundred dollars ($500.00) or to imprisonment, or both such fine and imprisonment, in the discretion of the court. Each day any violation of any provision of this ordinance occurs shall constitute a separate offense. The penalty provided in this section shall be in addition to any remedial action otherwise provided in this Code. For the purpose of this Ordinance, any interference or tampering with any appliance or component of the infrastructure used for controlling or regulating the stormwater and stormwater management system,may be construed and taken to be the act of the owners or consumers at the premises where such act occurs. COLLECTION- LIENS (A) Except as otherwise provided by this chapter, all owners of property in the Village are liable for the payment of the stormwater fees. All stormwater fees becoming due and payable on and after the effective date of the Village's withdrawal from the County's Stormwater Utility, shall constitute, and are hereby imposed as, special assessment liens against the real property aforesaid, and until fully paid and discharged, or barred by law, shall remain liens equal in rank and dignity with the lien of the Village ad valorem taxes. Unless otherwise provided in this article, such stormwater fees shall become delinquent if not fully paid within ten(10) days of the due date thereof. Delinquent stormwater fees shall be increased by ten(10)percent of the basic annual fee. Thereafter, delinquent stormwater fees and penalty assessments shall accrue interest monthly at the rate of eighteen(18)percent per annum until paid. Unpaid and delinquent stormwater fees, together with all penalties imposed thereon, shall remain and constitute special assessment liens against the real property involved for the period of ten(10)years from the due date thereof. Such special assessment liens for stormwater fees and penalties may be enforced by any of the methods provided in Chapter 85,Florida Statutes or the collection and enforcement of payment thereof may be accompanied by any other method authorized by law. (B) The Village shall recover attorney's fees, court costs, and costs of enforcement and investigation in any action to enforce this chapter. (C) Stormwater fees shall constitute special assessment liens and the Village Manager shall cause to be filed in the office of the Clerk of the Circuit Court of the County, a notice of lien or statement showing a legal description of the real property against which the lien is claimed, its location by street and number,the name of the owner as reflected by the records of the Village, an accurate statement of the total amount of unpaid and delinquent stormwater fees claimed to be due, and a copy of such notice of lien shall be mailed to the owner of the property involved, as shown by the records of the Village. Such liens, if filed, may be discharged and satisfied by the payment of the Village of the aggregate amounts specified in the notice of lien,together with interest thereon from the date of filing of the lien computed at the rate of eighteen(18)percent per annum,together with administrative costs and filing and recording fees. When any such lien has been paid or discharged,the department shall promptly cause evidence of the satisfaction and discharge of such lien to be entered with the Clerk of the Court. Any person, firm, corporation or legal entity, other than the present owner of the property involved,who pays any such lien shall be entitled to receive an assignment of the lien held by the Village and shall be subrogated to the rights of the Village in respect to the enforcement of such lien. 6 EXEMPTIONS (A) Any entity which is exempted from the provisions hereof; by Federal or State law shall not be responsible for payment of the stormwater utility fees. JURISDICTION (A) The public works department shall have jurisdiction over the stormwater collection system,pumping stations, and all other storrawater facilities. SECTION 2. All ordinances or parts of ordinances in conflict herewith or inconsistent herewith are hereby repealed, but only insofar as such ordinances may be inconsistent or in conflict with this ordinance. SECTION 3. The provisions of this ordinance being inseparable, in the event any part of this ordinance is found to be invalid,then all of the provisions of this ordinance shall be deemed invalid. SECTION 4. This ordinance shall become effective immediately upon the County Commission's granting approval of the request. PASSED ON FIRST READING,this 18th day of July 52000. PASSED AND ADOPTED ON SECOND READING,this 5th day of September ,2000. ATTEST: Mark S. Ulmer,Mayor Xw Barbara A. Fugazzi, M Village Clerk APPROVED AS TO FORM: Richard Sarafan Village Attorney 7